TOWN OF CHATHAM
Waterways Advisory Committee
Thursday, June 18, 2009 – 4 pm
Permit Office, George Ryder Road
Present: Ed Conway, Bob Hamblet, Stephen King, Don St. Pierre, Peter Taylor, Dave Davis
Absent: Tom King, Tim Linnell
Others: Ted Keon, Director of Coastal Resources; Stuart Smith, Harbormaster; Stuart Moore, Shellfish Warden; Rick Abreu, Bob Bowden, Kim Doggett, Gene Doggett, John Miller, Ted Ligenza, Frank Facchetti, Frank Messina, Alan Pollack, John Kennaway, Joe Kinnealey, Steven Kuzmatz, Mike Anderson, Santoro, others
The meeting was called to order at 4:00 pm
Item 1: Minutes
Minutes of the April 13, 2009 meeting were approved without changes
Minutes of the May 14, 2009 meeting were approved without changes
Item 2: Correspondence
Ed Conway reported receipt of a letter from Ryder & Wilcox regarding the walkway at Oyster Pond.
Item 3: Public Hearing – Temporary Revision of Mooring Assignment Policy
Harbormaster Stuart Smith explained that the proposed temporary change in the Mooring Regulations would allow those who failed to renew their mooring permits to do so until July 31, 2009. Late fees of $25 per month will apply as will a reinstatement fee of $100. Mr. Smith added that he has proposed that the revision also apply to anyone who failed to renew their status on the Mooring Wait List.
Discussion:
Bob Hamblet asked if those who failed to renew will be notified of this change. Stuart Smith said that they would be notified by certified mail. There are approximately 45 individuals/ families who failed to renew their permits.
Steven Kuzmatz stated that he had not known about the renewal date until two months ago. He said he never received his renewal application form in the mail and was therefore opposed to the imposition of any late fees or reinstatement fees.
Peter Taylor expressed opposition to the mooring renewal waiver, indicating that many people fail to renew each year so this exception would not be fair to those who had failed to renew in other years and were not granted an exception.
Regarding the imposition of late fees and reinstatement fees, Ed Conway indicated that these fees have been part of the mooring regulations for some time.
Stephen King indicated that the committee was aware that the date change for mooring renewals in 2009 could result in problems, so there should be no problem in granting a one-time waiver of the Mooring Regulations to allow for the reinstatement of mooring permits
Bob Hamblet made the following motion, seconded by Don St. Pierre:
That the Waterways Advisory Committee recommend to the Harbormaster the temporary revision of the Mooring Regulations, to expire July 31, 2009, to allow for renewal of mooring permits as well as waiting list renewals.
Vote: 5 in favor; 1 opposed
Item 4: Public Hearing – Ryder’s Cove Dock Reconfiguration
Harbormaster Stuart Smith explained that this hearing was primarily a “housekeeping” issue to change the maximum capacity of the floats in Ryder’s Cove to reflect the addition of new floats. The previous float had a maximum capacity of 8. Additional floats have been added, so the appropriate maximum capacity should now be 15. This would be the maximum capacity for all three floats combined.
Other float capacities were cited:
Fish Pier 15
Old Mill Boatyard 15
Barnhill Landing 8
Mill Pond 8
New float lengths were cited: one is 30 feet long; the second is 18 feet long; the third is 18 feet long.
Discussion:
It was asked if the float capacity regulations are posted. Stuart Smith indicated that they are not now posted, but said that it might be advisable to select a few of the more important regulations and have them posted, i.e., float capacity, and time limits for landing use.
Bob Hamblet made the following motion, seconded by David Davis:
That the Waterways Advisory Committee advise the Harbormaster to increase the capacity of the new floats at Ryder’s Cove to 15.
Vote: The motion passed by unanimous vote.
Stephen King asked about the scheduling for new floats at Old Mill Boatyard. Ted Keon indicated that the permitting process is almost completed so it is hoped to be a fall or spring project that will be completed by summer 2010.
Item 5: Morris Island Channel Dredging
A December, 2006 memorandum written by Bob Hamblet on behalf of the Waterways Advisory Committee was distributed. Bob Hamblet read the memo which cited the importance of keeping the Morris Island channel open. Following receipt of the memorandum, the Board of Selectmen had charged Ted Keon with pursuing a dredging permit for this project.
Ted Keon indicated that he engaged the consulting services of Dr. Graham Geiss to study the feasibility of dredging in this area to assess the likelihood that dredging would produce reasonable results. Dr. Geiss’s study concluded that dredging in this area would likely be successful. It was assumed that dredging would target selected shoals in the area rather than attempt to dredge the entire channel.
Ted Keon stated that the Town solicited bids for the permitting process. The bids indicated that permitting would cost between $20,000 and $30,000. It is assumed that the dredged material will be relocated to the Hardings Beach area. Ted Keon explained that any new permitting activity will require the issuance of new RFP’s as part of the public procurement process.
The Board of Selectmen has asked Ted Keon to present a comprehensive proposal regarding dredging needs on a town-wide basis. This report is due on July 7, 2009 at the Board of Selectmen’s meeting.
Ted Keon indicated that a number of residents on Morris Island have expressed interest in assisting financially with the permitting process.
Michael Anderson spoke to the concerns of quahoggers in that area, indicating that at least 20 shell fishermen work in this area and hope to keep the shellfish beds in tact.
Bob Hamblet noted that there are concerns about shellfish in this channel but added that keeping the channel open is also important. He said that recent reports about the channel indicate that there have been no significant changes or shoaling so that dredging is not needed now.
Peter Taylor asked Stuart Moore, Shellfish Warden, about the impact of dredging on shellfish in this area. Stuart Moore reported that the shellfish in this area have change in recent years, from soft shells to quahogs. A significant set of scallops was reported in the area last year. He added that it is very difficult to predict the impact of dredging and/or shoaling, but said that he doesn’t think that the cut is closing down at this time. He explained that the shellfish management policy is to take advantage of naturally occurring situations.
Ted Keon used an aerial photograph to locate current shellfishing areas. The proposed dredging would not directly affect the shellfish beds, but consequent changes in water flows and sand movement could have a negative impact.
Mr. Santoro indicated that the channel situation was also difficult in the early 1990s. He suggested that it should be allowed to take its course.
Frank Facchetti indicated that the channel is becoming less navigable each year as the result of gradual shoaling. He asked if there was a way to clarify the impact of shoaling as it had been noted that restricted water flow has a negative impact on shellfish beds.
Ted Ligenza suggested that another break through the beach is likely in the future and cited the unexpected negative impact of dredging by the Mitchell River Bridge. He indicated that the Morris Island channel is now full of sweetmeats and jingle shells and expressed concern that adding more sand (from changes resulting from dredging) will kill them.
Mike Anderson added that dredging will kill the shellfish in the area. There is currently a good tidal flow in the area which is preventing sand buildup
Dave Davis indicated that the area has not changed significantly in recent years, so there is no need to dredge.
John Miller stated that the problem should not be viewed only as one involving shellfishermen. He cited the many pleasure boaters and other commercial fishermen who use these waters. He added that we are only discussing the permitting process, not dredging.
Kim Doggett said that he has used these waters for many years and indicated that noticeable shoaling has made navigation difficult at low tide. There are at least 60 moorings plus 90 slips at the marina affected by shoaling of the channel. He encouraged the committee to consider the impact on real estate values and tourism. He also reminded those present that the discussion is about permitting, not dredging.
Ted Keon said that the Board of Selectmen is seeking recommendations based on the current situation. Because the permitting process can be quite lengthy, the focus is on seeking permits now, with more time in the future for public discussions and input. Obtaining permits at this time could save valuable time in the future should shoaling worsen.
Ed Conway noted receipt of a number of emails from individuals in favor of dredging the Morris Island channel.
Bob Bowden said that a number of the Morris Island Owners Association have indicated their willingness to contribute monetarily to the permitting process. They are aware of limited Town resources and competing dredging needs.
Ted Keon stated that a permit could remain in place for from 5 to 10 years.
Mr. Santoro asked about the possibility of designating alternate disposal areas for the dredged materials. Ted Keon said that the disposal area can be modified if conditions indicate.
Frank Messina spoke of the frequent use of this area by recreational fishermen and boaters from Outermost Harbor Marina. He noted that there is no way to know whether dredging would have a positive or negative impact on shellfish in the area.
Gene Dogget re-emphasized the focus on permitting, not dredging, stating that there could be catastrophic results if we delay the permitting process.
There was brief discussion about using private funds for the permitting process and whether the use of private funding would influence a future decision regarding dredging. Ted Keon explained that the decision to dredge is a public process and would involve public hearings and input. He added that he would hope to have the permitting done for a zone, rather than for any specific area in the channel. This will allow greater flexibility in identifying problem areas in need of dredging.
Don St. Pierre asked about the current water depth. Frank Facchetti indicated that there are points where it is only 5 feet deep at high tide.
In response to a question about private funding and the permitting process, Ted Keon indicated that the Town of Chatham is the official permit holder and any dredging would be supervised by the Town. Bob Bowden added that the Morris Island Owners Association would make a donation to the Town and the Town would then pay for the permitting process. Several speakers re-confirmed that the dredging process is a public process regardless of who is funding the dredging.
Bob Hamblet made the following motion, seconded by Dave Davis:
That the Waterways Advisory Committee recommend to the Board of Selectmen that the Town of Chatham move forward with the permitting process for the Morris Island Channel.
Discussion:
Don St. Pierre noted that the permitting process could take a year to a year and a half at which time we will have a better idea as to whether shoaling has increased and the channel is closing.
Bob Hamblet stated that everyone on the Waterways Advisory committee is sympathetic to the needs of shellfishermen and fishermen, but that there also needs to be awareness of the impact on recreational boating and fishing were the channel to close.
John Miller stated that no one wants to dredge in this area, but that having the permit in hand could save time if it is ever needed.
Peter Taylor said that the many complaints about access to the area east of the channel lead him to believe that the dredging will occur once the permit is in place.
Rick Abreu cited the current situation (lack of access) at Mill Creek in South Chatham. He stated that it is better to have the permit in hand and not need it than to need it and not have it.
Joe Kinnelley said that many who live on Morris Island are not aware of the situation and he added that he is not sure if members will support the permitting effort financially.
Vote: 1 opposed; 5 in favor
NEW BUSINESS:
Morris Island Channel Speed Limit: There was brief discussion about speed limits in the Morris Island Channel. Stuart Smith indicated that this should be discussed at a future meeting.
Fuel Prices at the Fish Pier: Pursuant to discussion at the last Waterways Advisory Committee meeting, Peter Taylor reported that he obtained a copy of the contract between the Town of Chatham and Whiteley Fuel and also obtained copies of the Boston Journal of Commerce which publishes daily fuel prices. After checking random dates, he determined that there have been instances where fuel prices charged were substantially higher than allowed by contract. He has met with Bill Hinchey, Stuart Smith, Sean Summer and Jennifer Petit to express concerns on behalf of the fishing community. Mr. Hinchey has agreed to talk to Mr. Whiteley about this. At this time, there is no resolution to this issue as we are awaiting more information from the Town Manager about his investigation.
Stephen King’s Resignation: Stephen King announced that he will not be seeking re-appointment to the committee when his term expires in July. Appreciation for his years of service was expressed by many on the committee.
Bob Hamblet was nominated as Vice Chair to replace Mr. King when his term expires. Mr. Hamblet was elected by unanimous vote.
Adjournment: There being no further business, the meeting was adjourned at 5:50 pm.
Notes by Marie Williams
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