Seventy-Five Thousand Quahogs and Narrow Channels Stall Oyster Creek Private Dock Proposal
Key Points
- Oyster Creek dock proposal stalled due to a 50-foot channel width requirement and a DNR report protecting 75,000 juvenile quahogs.
- Big Three fishing tournament secured use of the Witchmere town pier for a $500 special event fee.
- Pleasant Bay Community Boating approved for four additional moorings to support adaptive boating programs.
- Committee prohibited the use of public boat ramps for commercial dredging offload at the SeaTucket project to prevent "black mayo" messes and infrastructure wear.
- Hinkley's Pond wooden dock at Stanley Road to be replaced with a modern aluminum structure.
The Harwich Waterways Committee encountered a significant regulatory and environmental bottleneck during its recent session, as a proposed private dock and dredging project at 37 Nonzero Road in Oyster Creek ran afoul of both navigational standards and local shellfish propagation efforts. The application, presented by Mark Burgess of Shorefront Consulting, sought to install a new dock and dredge a "parking space" for a vessel in a particularly tight stretch of the creek. Burgess argued the design was similar to neighboring structures, noting that the deep water channel is 38 feet wide here, compared to 32 feet nearby,
and suggesting that fiberglass "monopiles" would be hospitable to local oysters.
However, Harbor Master John Harter issued a sharp warning regarding the safety of the channel, which currently fails to meet the 50-foot width requirement mandated by the Harbor Management Plan. This is a hazard to navigation,
Harter stated, adding that while a 38-foot channel might seem sufficient for one boat, adding a permanent structure complicates the passage for others. Harter also read a scathing recommendation from the Department of Natural Resources (DNR), which noted that the site is an active shellfish propagation area home to 75,000 juvenile quahogs in their first year. The DNR warned that dredging would lead to a high mortality rate
for the seed. While Burgess suggested a $6,000 mitigation fee could offset the loss by purchasing new seed, Harter noted the Shellfish Warden’s concern that mitigation is increasingly used as a band-aid
for projects in prolific areas. One committee member observed that the channel is effectively only one boat wide at that curve, leading to a consensus that the plan required a significant overhaul. Motion Made by an unidentified member to require the applicant to re-evaluate the plan to meet the 50-foot Harbor Management Plan standard. Motion Passed (Unanimous).
The committee also addressed a request from the Big Three fishing tournament to utilize the secondary town pier in Witchmere as a weigh station on July 10 and 11. Tournament representative Ryan noted that the event, now in its 12th year, has grown to include roughly 30 boats, many of which lack the necessary $120 commercial unloading permits because they hail from ports like Hyannis or Nantucket. To streamline the process and support the town, Ryan proposed a lump-sum payment. If $500 would make the town happy to unload a few fish off the end of the dock, I'd be happy to donate that to cover the guys,
he suggested. Chair Dan Hall questioned if there were technical permit issues beyond the money,
to which Harter replied that while federal requirements for buyer tags remain firm, the town could be flexible with its own landing fees for the special event. Motion Made by an unidentified member to accept a $500 special event fee for the Big Three fishing tournament on July 10th, pending any necessary higher-level approvals. Motion Passed (Unanimous).
Support for adaptive recreation was also on the agenda as Suzanne Le of Pleasant Bay Community Boating (PBCB) requested four additional moorings to expand their fleet to 12. Le explained that the nonprofit is facing pressure to expand its programs for boaters with limited mobility. We've taken the tiller and added a block and tackle so that somebody with less mobility can run it like a joystick,
Le said, describing the "capboat" design. Harter confirmed the request fits the Harbor Master plan for special purpose moorings and would not obstruct navigation. Member Dan Casey recused himself from the matter, noting his wife works for the organization and he frequently volunteers there. Motion Made by an unidentified member to recommend approval for four additional moorings for Pleasant Bay Community Boating. Motion Passed (Unanimous, D. Casey recused).
The committee took a firm stance on the use of public infrastructure during a re-review of the SeaTucket dredging project. While the footprint of the project remained unchanged, a conflict arose regarding how to offload "black mayo"—the silty, messy dredge spoils. Harter strongly opposed using public boat ramps for commercial offloading, citing state regulations that reserve ramps for public use. We don't want to set a precedent or cause wear and tear on the ramp,
Harter said. Burgess expressed concern that prohibiting ramp use would increase costs for the homeowner, suggesting the bulkhead as an alternative. Harter remained cautious, noting the need to verify the load capacity of the bulkhead for the 15 truck trips required. Motion Made by L. Budy to approve the SeaTucket project contingent on an offloading process approved by the Harbor Master that excludes the use of the public boat ramp. Motion Passed (Unanimous).
In other business, the committee approved the replacement of a dilapidated wooden dock at 9 Stanley Road on Hinkley’s Pond. Burgess noted the new structure would be a modern aluminum seasonal dock, which would be easier to maintain than the current wood sections supported by cinder blocks. Motion Made by an unidentified member to accept the plan for 9 Stanley Road. Motion Passed (Unanimous). During the financial report, Harter noted he is still acclimating to the town’s reporting systems—a sentiment that echoes recent town-wide concerns over administrative financial oversight. He highlighted fluctuations in electrical bills due to a cold March, which saw ice in the harbor, but noted that overall revenues remain consistent with previous years. Prior to the official start of the meeting, members also shared a brief lighthearted discussion regarding the sale of a former town dredging boat, which is reportedly bound for Haiti.