8/24/1989 CONSERVATION COMMISSION Minutes

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i August 24, 1989 Proposed Regulations 'age-. I1 . REP' CA # * I basically came be ause the public hearing that" of to, be in this area is on September 14 at C pe Cod Community College* DEP has been working on t-he Chapter 91 regul-ations for a dumber of years. Some of you prbably remember in 1987 when they came out with some suggestions that were really unrealistic and there was an uproar. They have worked really hard to try to encourage a non-water dependent use. They have coma long way. Some of the concerns I do have ar questions that have been raised tonight with costs of existing docks and piers. As has been accurately portrayed by the members of the Commission, this Is ,just a proposal . For the person who- stated. they were unable to attend the hearing,.. -there' s four hearings on con--, secutivie nights in all different areas of the State, central Dass. , the north shore,. and they start the 11th, 12th, ' 13th and loth. The graft suggests an - amnesty period. if you have ,a dock or pier after 1984, you have 3 years to core into compliance. ' ThAt' s one of the concerns that I have because- -some people feel that the cost could be quito exorbitant to come into corp1lance. I ' ve heard from number . of people, particularly a lot from l a trpee# and I will be sitting down next with some people from Falmouth and Bourne to tory to come, -up with ' some alternative language that would protect some of your from exorbitant costs where you have a dock or pier that may not be licensed. I t does, in fact, give the local harbormaster a lot o f power upon passage of this regulatory draft which does not require legislative approval . We' ve already given that approval to DEQE. Com u n i-ties are encouraged to come up with a Harbor Management Plan which in fact will give the harbormaster a lot of authority and dec i s i o --mai in ability for these new, regu l at i ons. Chapter 91 does not apply -at all to seasonal docks or piers. It is a bulky document, ` but I think if anyone would like one, I will try to get one for you. I would encourage everyone to go to the September 14 hearing. This is a draft and is not etched in stage but they feel strongly they w uld 11ke to have these regulations in place by the' end of the year. QUESTION: What do you Crean by a seasonal dock? CARE Seasonal is that they' re not year-round. QUESTION: If your float and ramp is taken out every year that' s seasonal . CAHI : So Chapter 91 does not apply. H MA : I have run this by DEP several times, if there is any part of your structure that is permanent seaward of Mean High Mater, that part is permanent and would require a filing. QUESTION: You mean pilings? (Yes, such things as that) . QUESTION: If you have a big piling, the whole dock+ is a permanent dock? SHE MA : That' s how I understand it, if you have permanent parts below Mean High Water . CA IS : I think that ' s accurate, I remember that question being raised.