[HISTORY: Adopted by the Special Town Meeting
of the Town of Harwich 5-5-2009 by Art. 1. Amendments noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 310.
[Amended 5-2-2022 ATM by Art. 42]
Any new water-dependent structure, such as a
wharf, float, pier, dock, elevated walkway or similar structure, as
hereinafter defined, constructed seaward of mean high water in any
tidal waters of the Town after the effective date of this bylaw shall
be subject to the provisions hereof and be in conformity herewith. These
provisions do not apply to repairs of existing, licensed, permitted
structures. Any water-dependent structure constructed within areas
of Pleasant Bay where structures are allowed shall also be subject
to the provisions of the Pleasant Bay Management Plan's Guidelines
and Performance Standards for Docks and Piers.
For the purpose of this bylaw the following
words shall have the following meanings:
The effect of a subject activity which, when considered in
isolation, may or may not have a significant impact on environmental
interests but when considered in relation to other past, present or
anticipated future activities in a given area can be expected to be
significant in the aggregate.
[Added 5-2-2022 ATM by Art. 42]
The surface of a water-dependent structure designed as the
walkway for persons using the same.
The area of a water body wherein the depth of water is three
feet or more at mean low water.
A floating structure anchored in position by pilings, chain
or otherwise which is designed to rise and fall with the tide and
used in conjunction with a wharf, pier or dock to moor and give access
to a vessel.
A ramp or platform used to provide access between a float
or vessel and a pier, dock or wharf.
The elevation in feet above North American Vertical Datum
of 1988 (NAVD 88) established by the present arithmetic mean of the
water heights observed at high tide over a specific nineteen-year
Metonic cycle (the National Tidal Datum Epoch) as shown on the New
England Coastline Tidal Flood Survey - Tidal Flood Profile No. 9 Barnstable
to Chatham, MA by the New England Division, Corps of Engineers. Where
salt marsh occurs, the mean high tide will be that point where Spartina
alternaflora gives way to Spartina patens. Walkways over salt marshes
that extend beyond this intersection will be regulated under the provisions
of this bylaw.
[Amended 5-2-2022 ATM by Art. 42]
A column constructed from any material used to support the
deck or other structural member of a wharf, pier, elevated walkway,
or dock or to serve as a mooring spar or dolphin for vessels or floats.
[Amended 5-2-2022 ATM by Art. 42]
Any structure or combination of structures built adjacent
to or at an angle from the shore and extending seaward beyond the
mean high-water mark so that people may access the water and shall
include structures commonly referred to as floats, docks, piers, elevated
walkways, or wharves.
[Amended 5-2-2022 ATM by Art. 42]
No water-dependent structure shall hereafter
be constructed without a permit to do so issued by the Harwich Conservation
Commission (hereinafter "the Commission") and a permit approving structural
components from the Building Department.
[Amended 5-2-2022 ATM by Art. 42]
No permit shall be issued for construction of
a new, private, water-dependent structure in the following areas:
A.
Round Cove
in Pleasant Bay. This area includes all contiguous parcels beginning
with the northerly boundary of the property (Map and Parcel Number
115-S1-3) and extending southerly along the shore to the southerly
boundary of the property (Map and Parcel Number 109-B1-5), and all
shore front parcels between these two properties, including Round
Cove. This prohibition does not apply to existing, licensed structures
or to the maintenance of existing, licensed structures.
A.
No permit shall be issued to construct a water-dependent
structure until a completed permit application has been received and
approved.
B.
An application for a permit to construct a water-dependent
structure shall be submitted to the Conservation Commission and shall
include the following:
(1)
Twelve copies of plans and narratives of the proposed
work, which shall include all information required by the Conservation
Commission under the regulations applicable to plans and narratives
to be filed with a notice of intent under MGL c. 131, § 40,
as amended and 310 CMR 9.0 (Chapter 91, Licensing).
[Amended 5-2-2022 ATM by Art. 42]
(2)
Two copies of the notice of intent filed for the project
with the Conservation Commission under MGL c. 131, § 40,
as amended.
(3)
An application fee as set from time to time by the
Board of Selectmen payable to the Town of Harwich in addition to filing
fees required under MGL c. 131, § 40.
Upon receipt of the application, the Conservation
Commission shall date stamp the application and plans and shall forward
copies of the plans to the Waterways Commission, the Harbormaster,
the Shellfish Warden and the Building Official who shall review the
same and within 28 days of receipt thereof advise the Conservation
Commission of any areas of noncompliance with this bylaw, standards
for structural integrity, and other comments relative to its or his
review. Such comments shall be included in the review of the application
by the Commission.
The Conservation Commission shall hold a hearing within 21 days of receipt of the application; however, the Commission may request a continuation if it has not received comments by other reviewing entities. The provisions for a continuation under Chapter 310, Wetlands Protection, § 310-5F shall also apply. Upon review of all information the Commission shall then determine whether it can issue a permit authorizing the work in compliance with the conditions stated herein or issue a written denial stating in detail the reasons therefor.
No permit to construct a water-dependent structure
shall be issued unless the following standards are complied with:
A.
No structure or its related appurtenances, including
floats, shall extend more than 80 feet seaward of the mean high-water
mark nor farther than 50 feet into the deep water channel nor be allowed
to encroach upon the deep water channel so as to reduce the usable
width thereof to less than 50 feet, and no vessel shall be moored
thereto so as to encroach upon the fifty-foot minimum, nor shall it
extend so as to interfere with any designated vessel mooring areas
or established shellfish beds. In areas of Pleasant Bay where structures
are allowed, all water-dependent structures shall meet the recommended
fifty-foot setback from navigational channels and mooring areas.
B.
No new structure, or any vessel moored thereto, shall
be allowed closer than 65 feet to an adjacent structure. In areas
of Pleasant Bay where structures are allowed, the separation between
structures shall be no less than 250 feet. Additionally, shared use
proposals (i.e., a single structure to be jointly owned and used by
two or more shore front property owners) are encouraged to preserve
access by shore front property owners while reducing the number of
structures that might otherwise be permitted.
C.
Structures shall be constructed as closely as possible
to the perpendicular from the shoreline, excepting shared docks located
on a property line. In areas of Pleasant Bay where structures are
allowed, all water-dependent structures shall be a minimum of 50 feet
from property lines and associated riparian lines unless the structure
will be owned and used by two or more contiguous shore front property
owners. In such cases, the fifty-foot setback requirement shall apply
to the outermost boundaries of the two or more contiguous properties
so that the structure may be placed on a shared property line.
D.
No structure (except floats) shall exceed four feet
of walkway in width.
[Amended 5-2-2022 ATM by Art. 42]
E.
No float or combinations thereof shall exceed 200
square feet of surface area nor shall any float be allowed landward
of mean low water. Preferred float configuration shall be "T" shaped
in order to encourage use of the float at its deepest end. No permanent
"T" or "L" shaped docks or piers are allowed.
F.
In order to protect the foreshore, all structures (except floats) shall be supported by pilings. Decks shall have a minimum 3/4 inch spacing between deck planks, or may use grating instead with permission from the Commission, and shall be at a height equal to 1.5 times the width of the deck above the salt marsh to the decking. In areas where the structure is over a wetland resource area other than salt marsh, the height may be equal to 1.25 times the width of the deck. Notwithstanding the foregoing, in all areas where the foreshore is passable on foot, a flight of stairs on either side of the deck shall be provided to allow persons to lawfully use the foreshore, or be of a height that persons may pass underneath with. A directional sign in compliance with the Zoning Bylaw, Chapter 325, Article VII, shall be placed indicating permission to cross the structure.
[Amended 5-2-2022 ATM by Art. 42]
G.
Any structure proposed for siting in a salt marsh,
or in a body of water adjacent to a salt marsh, shall not destroy
any portion of the salt marsh or its substratum, nor have any adverse
impact on the productivity of the salt marsh. Additionally, the structure
should be oriented to minimize the effect of vessels using the structure
on the adjacent salt marsh and in its substratum.
H.
No structure shall be located within 50 feet of an
existing eelgrass bed or within a shellfish area defined by the Town
bylaws or Town Shellfish Warden, unless expressly allowed by a variance
from the Conservation Commission upon clear and convincing evidence
provided by the applicant that the proposed project will not have
an adverse impact to the wetland resource area(s) or its interest(s).
An indication of the presence or absence of shellfish at a proposed
site must may be determined by a shellfish survey submitted by the
applicant. This shellfish survey shall conform to the sampling methods
set forth in the Harwich Wetland Protection Regulations.[1] The survey shall include existing populations of all sizes
of commercially important species of shellfish (clams, oysters, quahogs,
scallops, and mussels) and shall also include other species of mollusks
which may indicate the capacity of the area to support commercially
important species. The survey shall also include a description of
shell fragments, if feasible, and references, if available, to historical
information regarding the presence or absence of shellfish species.
Within the Pleasant Bay ACEC, relocation of shellfish encountered
during construction of a project is not acceptable mitigation (except
when the project is part of a Town- or state-sponsored shellfish relay
program, and then only if it can be clearly shown that the productivity
of that shellfish bed would not be diminished by its relocation).
[Amended 5-2-2022 ATM by Art. 42]
I.
Any structure proposed for siting within a fish run
or within 100 feet of a fish run shall not have any adverse impact
on the fish run by impeding or obstructing the migration of fish or
by impairing the capacity of spawning or nursery habitats necessary
to sustain the life stages of the fish. Construction or maintenance
of structures shall not occur between March 15 and June 15 without
specific written permission from the Division of Marine Fisheries.
J.
In order to provide the underlying seabed exposure
to sunlight during the year, water-dependent structures shall be seasonal.
Floats are to be removed from the water by December 1 annually. Off-season
storage of the floats shall be off site or outside of the fifty-foot
wetland buffer and not on any native plant species. Storage of the
float on the marsh is strictly prohibited and shall result in enforcement
action from the Commission.
[Amended 5-2-2022 ATM by Art. 42]
K.
There shall be a depth of at least three feet at mean low water on
all sides of the float. No vessel shall be aground at mean low water.
[Added 5-2-2022 ATM by Art. 42]
[Amended 5-2-2022 ATM by Art. 42]
The Commission may deny a permit in any case
where a proposed water-dependent structure, or combination of structures,
does not meet the criteria set forth in this bylaw.
