February 27, 2001

Members Present: Mike Cienava, Bill Myers, Charlie Beggs, Lee Scarbrough, Alan McMullen

Others: Ted Barrett, Tom Leach, Len Greiner, Jr.

Call to Order: Mike Cienava called the meeting to order at 5 PM and asked approval of minutes of January 21st, 2001. Voted unanimously.

Chairman read a letter from Len Greiner, requesting that the Harbor Regulations be amended to allow authorized charter boats to extend fueling hours at the Wychmere Harbor Town Dock. Mr. Greiner cited the Towns move to open the entire south side of the pier for offloading as a reason to permit this extended use. He also indicates that the current 9AM-2PM fueling hours for the C-Permit boats place him in a position that he has to buy from a fuel dock. He said that the Saquatucket fuel dock is regularly jammed in the tune season and this means extra wait up to an hour.

Tom Leach read the regulation for the Commission. "Class C: Off-Peak fueling. This permit will authorize vessels, home based in Harwich, licensed to carry up to six (6) passengers for hire to take on fuel from an authorized tankwagon and off-load catch at the town facility designated thereon daily between 9:00 A.M. and 2:00 P.M. or as directed by the Harbor Master".

The harbormaster indicated that although opening the MISS JULIE slip to permanent offload has helped, the fleet was already use to the 65' lobster vessel vacating the pier for 3-4 day trips in the three season lobster fishery. Escalating the problems at Wychmere are not in the best interest of the groundfish fleet who are already backed up. Some of this is due to a critical lack of parking space and access to the pier by multiple fish buyer trucks, ice trucks and fuel tank wagon at peak times. This is why the Commission granted limited fueling access to the pier to C- Permits.

The fueling of commercial vessels, until the mid-eighties, was either by tank wagon for a few Wychmere berthed boats or by key-operated fuel dispensers for all the Saquatucket Commercial boats or by on duty fuel dock manager if it was in season and during the day. Later, the Fire Marshal banned self-service marine fueling due to rash of spills and potential for problems. The escalating fuel costs also meant the user of cheaper home heating fuel for the commercial fleet a worthy alternative to fuel dock prices.

The Harbormaster also reminded the Commissioners that in 1989 the Fire Chief was extremely concerned with the hazardous condition and potential for fueling of vessels and lobbied for ending the practice entirely in favor of using only the three fuel docks in Town. This of course was resoundingly deflected however, Fire Regulations (CMR 527)are important and require all other activities cease during fueling operation on a Marine Wharf. To be technical this essentially knocks out offloading operations on the entire pier during fueling times. This becomes a "look the other way" issue.

Lee Scarbrough said that his concern is also one shared by neighbors in the Wychmere Harbor area that we hold the line on adding more boats taking fuel at the pier. He cited how the Town continual bending to accommodate various interest groups beyond regulations set to maintain levels of service. Escalation of use in the RL zone (residential low density) would be non-conforming and may require variance.

Allen McMullen told how he fought hard to get fueling status for his Freedom Ferry business and refused to buy fuel from the Saquatucket Fuel dock instead traveling to Stage Harbor to get more reasonable fuel price. He felt that his passenger ferry business was as commercial as any commercial fishermen and didn't feel the Town had any right to set controls on fueling, times etc. for him or other charterboats. Alan seemed agreed it is obvious, however, the Town has to maintain controls with the numbers of vessels in the port both with and without various Landing Permits. Otherwise there would be chaos. The tuna fleet is an example of how control has reigned in a bad dream.

Alan also pointed out the YANKEE is being fueled at its berth at Saquatucket Harbor instead of at the fuel bulkhead, suggesting that perhaps MAGELLAN the next boat might do the same. Tom Leach said that he did not recall getting this OK'd and that this sounds verboten under Fire regulations. 527 CMR 15.09(3) reads "Fueling of floating marine craft at other than a fueling facility is prohibited except by prior written authorization of the Fire Department".

Len Greiner said he was worried about stirring up a "hornet's nest". Chairman Cienava assured Mr. Greiner that his letter was fine and appropriately written and that the Commission welcomes such letter.

After much more discussion it was determined that perhaps the Charter boat operator might address the Harbormaster directly to see what latitude might be offered by way of "direction by the Harbor Master".

Engineer Peter Markunis and Attorney Meyer Singer were on hand to present a redrawn version of the Herbert Collins Dock Proposal at Wychmere Pines. The plans call for construction of a new u-shaped bulkhead, dredging, gangway and float at Saquatucket Harbor Channel on the right bank. The Coastal Engineer described a creative plan for a separate walkway crossing marsh to a barrier beach between the property and the channel. On the barrier would be a large excavated area stabilized through a bulkheading system which would become the docking area. Dredging is required both on the immediate locus and extenuating channel needed to get to the deep water of the harbor channel. The Engineer called the sandy spot a Resources Area and not a wetland. When questioned what impacts the bulkhead would have in affecting water flow to the salt marsh he said none.

The proposal calls for dredging and excavating town land and bottom and crossing to the Federal channel. The engineer would not estimate the acreage of the Collins parcel but said 50% was upland.

Tom Leach indicated that it was his understanding from Sherrill Smith, an earlier Harbormaster at the onset of Saquatucket Harbor, that the town bought the marsh and took huge tracks by eminent domain all the way to Nantucket Sound. Some of this land was donated. The engineers at the time planned the entire project to have at least a 25' border of Town-owned land around the entire Saquatucket and Channel project with only three exceptions for private docks of land-owners that broke this perimeter, at the time. These are the Lewis/Robinson - Grulleman dock (Wayside Nurseries donated a huge track to the project), the Doug Bones dock (now James Carney) and Chester Robinson (now Ben Sykes) who gained water front property as the harbor was virtually dredged to in front of their existing homes. The border of Town land ownership protects the town project from intrusion of any other abutters. Therefore, the Town has eliminated interest from abutters to put out piers. Beyond a Chapter 91 license and a US Army Corps Permit, owners would need the unusual approval from the Town Meeting. Not an easy sell in light of the history of Saquatucket Harbor. The channel protection border was planned to protect the US Army Corps Federal Channel. Requests in the past from Arthur Cote, and Harold McKenna are two examples of unsuccessful requests for dock projects stopped in their tracks by the border. Enhancement to real estate property values is obvious incentive.

Charlie Beggs said he was most concerned for erosion that would be caused at the ends of the wing walls of the proposed bulkhead. He told how he has noticed erosion at many similar bulkheads in his dock building career. Wanted to know how the proponents would control this issue? This could only spawn the need for more bulkheading as more erosion occurs.

Peter Markounis stated that the purpose for their coming before the various committees was to get feedback and sees this as valuable information in working out a plan. He suggested that in the alternative he might recommend that Mr. Collins propose a more traditional dock and pier structure.

The Harbormaster brought the letter of Robinson Lee before the Commission. This is a request he plans to make to the Army Corps of Engineers to convert an existing mooring permit and get an Army Corps License to rent the mooring commercially. The letter revealed a long history of the mooring. Mr. Lee apparently needs positive feedback from the Town of this point. The Harbormaster said he was concerned that conversion to a commercial mooring of the recreational permit would leave a door open for all others to request the same.

Allen McMullen pointed out that the Town of Harwich Committee Handbook requires that individuals be invited to be on hand when a vote is being taken(?). It was suggested that the we invite Skipper Lee to present his request at the next meeting of the Waterways Commission.

Mike Cienava asked that the Commission set up regular times for meeting and suggested the third Tuesday of each month be OK. All in favor. Next meeting will be March 20^th at 5 P.M.

The meeting was adjourned at 6:35 PM.

(TL)