Waterways Commission Meeting

REGULAR MEETING

Harwich, Massachusetts

Community Center Room #5

 

MINUTES—October 19, 2004

Meeting Called to Order 7:05 PM

Members Present:  Paul Donovan Chairman, Fred Clancy, Murray Johnson, Bill McShane, Matt Hart, Lee Scarbrough

Members Absent Alex Thompson (resigned)

Other Attendees:  Tom Leach (Harbormaster), Dan Lowery Gail Smart, Ren Nichols, Craig LeBlanc, Clem Kacergis

 

MINUTES READ:  Oct. 5, 2004 – Matt Hart motion to accept. Bill McShane second. Action- Passed unanimously

 

COMMUNICATIONS:

 

HARBORMASTER ITEMS:

1.      State House bill for Boating: Those born after Jan. 1, 1987 will be required to take a boating safety course, to operate a boat in Massachusetts waters.

2.      Saquatucket Boat Ramp and East Parking lot improvements schedule. The boat ramp will be done by using a cofferdam. Construction to begin in April, and take 2 – 3 months to complete. This means that into June or July only the ramps at Allen Harbor and Herring River will be available, with limited parking at either spot. Ramp Passes for 2005 may have to be addressed.

3.      The Harbormaster requests that the Committee take up the idea of what constitutes proper usage of a mooring, to meet the requirements of the Harbor Management Plan. The HMP needs language that decoys  (tenders, sunfish sail boats, and canoes do not meet the usage requirements in the future) this to be taken up as an Agenda item on Nov. 16, 2004 Regular Meeting.

4.      The County dredge has begun work on the channel into Allen Harbor.

5.      Letter from Harbor Master to U. S. Army Corps of Engineers supporting Harwich Port Boat Works dredging and boat ramp construction. The Harbor Master asked for the WWC endorsement of the letter.

Motion: by Matt Hart.. to endorse the letter from the Harwich Harbormaster to U.S. Army Corps of Engineers supporting the Harwich Port Boat works Project.

Second: by Fred Clancy

Action: passed unanimously

 

OPEN FORUM:

                      1. Matt Hart stated that he would resubmit his inquiry about the bulkhead slips in Allen Harbor

 

APPEALS: NONE

 

OLD BUSINESS:

A.     Items from Town Administrators Office

1.      Sec. 25 Appeals

Motion: by Matt Hart…. To replace the wording with the following

Sec. 21 APPEALS

     Any appeals to the regulations contained herein shall be made, in writing, to the Harbormaster on a form created by the Harbormaster’s Office in concert with the Waterways Commission. If said appeal is denied by the Harbormaster, the appellant may request that the appeal be forwarded to the Waterways Committee for consideration. Appeals denied by the Waterways Commission may be forwarded for further consideration to the Board of selectmen at the request of the appellant. In the case of denial by the Board of Selectmen, further action by the appellant may be pursued as allowed by law.

                                    Second: by Murray Johnson

                                    Action: passed unanimously

B.     FINES AND PENALTIES

            Motion: by Matt Hart. …recommend that a Sec 23.0 Fines and Penalties be created with the following language.

Sec. 23.0 FINES AND PENALTIES

The owner of any vessel, mooring, or other object not properly permitted, and anyone found in violation of these rules and regulations, shall be liable to a non-criminal citation not to exceed $200.00 per offense, removal of the mooring, vessel, or all three.

                                   Second: by Murray Johnson

                                   Action: Motion carried

C.     Removal of Mooring servicing agent

            Motion: by Murray Johnson…….. recommend that language be added to Sec. 3.12 Mooring Servicing Agent Requirements after item 10.

Non-compliance with the provisions of any of the above regulations will be sufficient cause for the suspension, and after hearing the license may be revoked. If, in the opinion of the Board of Selectmen, a Mooring Servicing agent (permittee) ceases to be engaged in the business he/she is permitted to pursue, or fails to maintain upon his/her premises the implements or facilities required by this section, shall constitute cause for the revocation of his/her permit. If a permute at any time conducts his/her business in an improper manner, the permitting authorities, after notice to the permittee and reasonable opportunity for a hearing, may upon satisfactory proof thereof suspend or revoke his/her permit.

                                     Second: by Lee Scarbrough

                                     Action: passed unanimously

 

NEW BUSINESS:

1.      Artificial Fishing Reef: requested by Clem Kacergis that the WWC endorse the idea that a Fishing Reef be constructed in the waters off the Town of Harwich. The is State money available for such a project, but that a local town board backing was needed. A letter to Massachusetts Seaport Advisory Committee stating such was needed. The project may involve the use of old tires. There is $10,000 earmarked for such a project.

Motion: by Murray Johnson…..to accept the concept of a fishing reef off Harwich.

Second: Matt Hart

Action: passed unanimously

The Letter has been sent.

2.      HMP change 3.8 Changes by Dan Lowery of Harwich Port Boat Works.

                         Motion: by Murray Johnson…. to strike the fourth sentence of the 1st paragraph of Sec 3.8 of Harbor Management Plan and to strike the second sentence of the 2nd paragraph of Sec.3.8 of the Harbor Management Plan.

                          Second:  by Matt Hart

                          Action; passed unanimously

3.8        Boatyard Transient Moorings

 

In recognition of the needs of waterfront boatyards to sell, repair and maintain watercraft, a special classification of moorings referred to as boatyard transient moorings is hereby established.  Each waterfront boatyard within the Town of Harwich may apply for and be granted up to six (6) boatyard transient moorings.  Once assigned/renewed by the Board of Selectmen, these moorings would be used by the boatyards to facilitate the sale, repair & maintenance of watercraft.  Due to the intended transient nature of these moorings it is stipulated that no watercraft can occupy any one of these moorings for more than the equivalent of one (1) boating season however, boats may be moved around within the group of boatyard transient moorings. Boatyard transient moorings will be the first six (6) which become available from the group of moorings the boatyard previously managed.

 

Once assigned by the Board of Selectmen, the boatyard transient moorings shall be controlled by the boatyard and the use shall be dictated by the boatyard.  The boatyards shall provide to the Harbormaster a list of transient mooring occupants as of July 1st each year.  Moorings designated under this category shall be included on the master mooring list maintained by the Harbormaster.  The boatyard transient mooring fee shall be the same as the fee charged for an individual mooring for a resident in the largest size category of moorings.  In the event that the demand for these boatyard transient moorings exceeds the number of moorings available, each boatyard shall assign moorings from a waiting list in a fair and equitable manner.  In all cases the boatyard shall provide a list of mooring occupants to the Harbormaster no later than July 1st of each year.

 

 

3.      Harwich port Boat works request to change the Mooring Assignment List in Appendix A, Working Mooring Assignment List of Harbor Management Plan

Motion: by Murray Johnson ….to strike the number one, next to Harwich Port Boat Works, and insert the number 2. Inner Harbor Mooring numbers change to 1& 2.

Second: by Matt Hart

Action: passed unanimously

APPENDIX A

 

MOORING ASSIGNMENT LISTS

 

 

Special Purpose Mooring Assignment List

 

 

Stone Horse Yacht Club — Inner:            3

Mooring Number(s):                                28, 29, 39

 

Stone Horse Yacht Club — Outer:           3

Mooring Number(s):                                236, 237, 238

 

Allen Harbor Yacht Club                         4

Mooring Number(s):                                354, 355, 356, 375

 

Wequassett Inn — Round Cove   :           2

Mooring Number(s):                                546, 593

 

Wequassett Inn — Pleasant Bay :           5

Mooring Number(s):                                601, 605, 609, 679, 680

 

Rental Fleet — Pleasant Bay:                 10

Nauti-Jane Mooring Number(s):               604, 619, 670, 671, 672, 673, 674, 675, 676, 677

 

Total                                                    27

 

 

 

Working Mooring Assignment List

 

 

Allen Harbor Marine                                4

Mooring Number(s):                                302, 303, 311, 318

Plus ability to obtain 6 Transient Moorings

 

 

Harwich Port Boat Works                       1 2

Inner Harbor Mooring Number(s): 1& 2

Plus ability to obtain 6 Transient Moorings

 

Total                                                    5

 

4.      Move Sec. 13.0 (Boat Ramps and Parking, now Appendix D), Sec 16.0 (Docks & Piers, now Appendix E), Sec 19.0 (Shellfish Regulations, now Appendix F), Sec 20.0 (Shellfish Area Closures/Open Areas, now Appendix G) and Sec. 22.0 (Herring (ALWIFE) Regulations, now Appendix H)……. Change wording in Appendix D, Boat Ramp Rules 2.03 item 11 strike the word “is” add the word “are” before the word prohibited…and add the following after the word “ prohibited “ …” in accordance with the Town of Harwich Protective By-Laws.       Also adding the words “In accordance with current” before the words TOWN OF HARWICH PROTECTIVE BY-LAWS

 

 

 

 

APPENDIX D

 

Boat Ramps

 

The Town of Harwich maintains several boat ramps for public use.  Tidal-water ramps are located at Saquatucket Harbor in Harwich port, Allen Harbor in Harwich port, and Herring River in West Harwich and there are two public ramps located on Long Pond.  The Saquatucket Boat Ramp is Public Access Board Ramp.  All ramps are governed by the Town of Harwich regulations listed herein, in addition to the provisions of the Code of Massachusetts Regulations, Title 324, and Sections 2.00 through 2.05 and the Town of Harwich Protective By-Laws and listed below respectively.

 

CMR 324, 2.00-2.05

 

Authority 2.01

 

Special situations within certain Public Access requiring detailed regulations will be printed separately.  The Public Access Board authorizes any rules and regulations under MGL Ch. 21, s.17A. Pertaining to Public Access Facilities.

 

Admittance 2.02

 

Maximum limits as to the number of users of Public Access Facilities under the control of the Public Access Board will be established for each Public Access Area.  Admittance to given areas may be suspended temporarily when in opinion of the Public Access Board a need arises.

 

Boat Ramp Rules 2.03

 

  1. No person shall build or maintain a fire for any purpose.
  2. No person shall remove, destroy, or deface any vegetation, sign, poster, building or other property.
  3. Parking areas are for the sole use of motor vehicles parking in conjunction with the intended use of the facility.  Vehicles shall be parked according to striping pattern or other means used to delineate the proper places to park.  The conduct of any other activities in the parking areas is prohibited.
  4. Camping, swimming, sleeping, and picnicking activity shall not be permitted within the boundary of the Public Access Facility.
  5. Water-skiing shall not be conducted from or within 300 feet of any Public Access Board Facility.  The operation of personal watercraft shall not be conducted from any Public Access Facility, except for initial embarkation and final disembarkation.
  6. No fishing activity shall be conducted from within a fifty (50) foot radius of any boat-launching ramp.
  7. At no time shall a person deposit or leave any refuse on land or adjacent waters under the control of the Public Access Board.  The deposit of sanitary waste is also strictly prohibited.
  8. The washing of motor vehicles, flushing motors or other equipment is prohibited.
  9. No person shall carry on any business or commercial calling or trade, sell or otherwise deal in wares of any sort, advertise any such business or commercial calling, hold any public meeting, or conduct any tournament contest or organized event, unless he shall have received a written permit from the Public Access Board.  Posting of any sign or notice (commercial or otherwise) without the prior approval of the Public Access Board is prohibited.
  10. No person shall dock or beach a boat or leave a motor vehicle or trailer for more than 24 hours within the boundary of the Public Access Facility. Storage of boats, equipment or other items on Public Access Facilities shall be prohibited except with written permission of the Public Access Board and the managing authority (Harbormaster).
  11. Disorderly conduct, gambling, drinking of alcoholic beverages, use of illegal drugs, obscene or indecent language or behavior is are prohibited in accordance with the Town of Harwich Protective By-Laws.
  12. The closing or gating of any Public Access Facility or any action that prohibits or impedes the ability of the public to use any such facility without the written permission of the Public Access Board is prohibited.

 

Violations 2.04

 

Violations of any of these rules may be punished by a fine of not more than one hundred ($100) dollars for each offense.

 

Risk 2.05

 

Persons using the Public Access Board Facilities do so at their own risk.

 

In accordance with current Town of Harwich Protective By-Laws

 

Consumption of Alcohol in Public - Penalty 4-806

 

It shall be unlawful for any person to consume alcoholic beverages on any public highways or public parking places, including vehicles thereon, within the Town of Harwich.  Whoever violates the provisions of this by-law, shall be fined fifty ($50.00) dollars for each offense.

 

APPENDIX E

Docks and Piers

 

APPENDIX F

Shellfish Regulations

 

APPENDIX G

Shellfish Area Closures/Open Areas

 

 

APPENDIX H

 

Herring (Alewife) Regulations

 

 

 

                                               Motion: By Murray Johnson to recommend changing Sections 13.0, Sec. 16.0, Sec. 19.0, Sec. 20.0, and Sec. 22.0 to the above lettered Appendixes. Moving them to the end of the Harbor Management Plan, and changing the above mentioned wording in Appendix D

                                               Second: by Matt Hart

                                               Action:  Passed unanimously

 

5.      Sec, 3.10 Mooring Hardware, Installation and Removal

Motion:  by Murray Johnson …..To recommend changing mooring inspections to every “two (2) years.  In the second paragraph, deleting the sentence beginning as “ The top chain….. ending with both pieces of equipment”. Adding the wording “ The Ball shall be inspected annually. Inspection shall also ensure that the name and number are clearly legible on the ball”. Creating a third paragraph with the wording..”The Town of Harwich recommends that moorings be removed annually during the winter months. Ice build up can cause loss of mooring tackle.”

  Creating Item 10 in Sec 312 to read as follows:

“10. Mooring Servicing Agent must provide the Harbormaster with a written inspection report within ten days of performing an inspection.”

Second:  by Matt Hart

Action: passed unanimously

3.10      Mooring Hardware, Installation and Removal

 

All moorings in the Town of Harwich first require annual issuance of a mooring site from the Harwich Harbormaster.  All mooring sites and hardware must comply with these regulations which includes all required fees being paid and inspection policies completed prior to installing the mooring.

 

All moorings in the Town of Harwich are required to be inspected by the Town of Harwich Harbormaster or by a licensed, Town of Harwich mooring servicing agent every two (2) years.  The top chain and ball shall be inspected annually to ensure that number and name are still on both pieces of equipment.  The ball shall be inspected annually.  Inspection shall also ensure that the name and number are clearly legible on the ball.  No mooring can be placed at any designated mooring site prior to passing the Harwich mooring hardware inspection, which includes the issuance of a Town of Harwich inspection tag and payment of the annual fee to the Town of Harwich.

 

The Town of Harwich recommends that moorings be removed annually during the winter months.  Ice buildup can cause loss of mooring tackle.

 

3.12      MOORING SERVICING AGENT REQUIREMENTS

 

All person(s) or corporations or other business entities licensed by the Town of Harwich as Mooring Servicing Agents shall meet the following requirements:

 

1.         Hold current and sufficient marine insurance, specifically:

 

A.         A minimum of $500,000 Marina Operator’s Legal Liability and Protection and Indemnity

 

2.         Possess for use a properly registered workboat/barge with crane or hoist with sufficient lifting capacity

 

3.         Possess and maintain an on-hand inventory of all tackle components (mooring balls. chain, mushroom anchors, shackles, lines, etc.)

 

4.         Have the ability to provide daily monitoring of mooring field(s)

 

5.         Have qualified and sufficient staffing to perform any functions related to moorings 24 hours/day, 7 days/week, such as pumping after heavy rain, separating tangled boats, identifying a potential boat in distress, etc.

 

6.         Have the ability and qualifications to provide storm preparation and emergency services

 

7.         Have the flexibility to provide complete mooring service packages or a la carte such as haul out, set up, painting, and pick up

 

8.         Have the clerical capability to process applications and conduct inspections, and support the issuance of stickers and tags in cooperation with the Harbormaster.

 

9.         Access to diving services, when necessary, to perform repairs or retrieve lost tackle.

 

10.        Mooring Servicing Agent must provide the Harbormaster with a written inspection report within ten days of performing an inspection.

 

 

 

ADJOURNMENT: Motion to adjourn at 9.00 PM

Next Meeting Nov 16, 2004 Community Center Rm. #1 at 7PM