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HomeMy Public PortalAboutProviding Access for Water-Dependent ActivitiesBrewster Coastal Resource Management Plan July 2018 1 #3 Providing Access For Water-Dependent Activities Introduction The Town of Brewster Coastal Committee is charged with developing a management plan to provide vision and direction for the future management of Brewster’s coastal resources. The Brewster Coastal Resources Management Plan will build on the Coastal Adaptation Strategy (CAS) developed by the Brewster Coastal Advisory Group and written by the Horsley Witten Group. The CAS assessed impacts to town landings and beaches from sea level rise and storm surge, and provided guiding principles for assessing future management actions. This discussion paper is one of a series designed to highlight management issues that will be addressed in the Brewster Coastal Resource Management Plan. Each paper will be presented at a community workshop to engage stakeholders in discussing management issues and trends, and evaluating potential strategies and action items. The discussion paper topics and workshop dates are: 1. Sustaining our public beaches and landings in the face changing shoreline conditions Community workshop: May 17 2. Preserving the values and services provided by healthy coastal wetlands Community workshop: June 14 3. Providing access for water-dependent activities Community workshop: July 19 4. Preserving access to beach and landings for residents and visitors Community workshop: August 16 5. Protecting vulnerable infrastructure, visual access, cultural & historical resources Community workshop: September 13 Each paper discusses current conditions and future trends, and explores a range of potential management strategies and actions. Proposed strategies and actions could encompass physical improvements, policies and regulations, management practices, technical studies/analyses, or communications measures. This paper will discuss shoreline and waterway access for water dependent activities, including commercial shellfish harvesting, commercial aquaculture, recreational shellfish harvesting, and public shellfish propagation. The regulation of moorings and the use and maintenance of town landings also will be discussed. Please note that public beach access will be discussed at the August 16th session. Brewster Coastal Resource Management Plan July 2018 2 Management Topics 1. Commercial Aquaculture Commercial aquaculture is a growing industry in the region. As of 2016 there were 249 licensed shellfish growers operating on Cape Cod cultivating 628.8 acres, primarily for oysters and quahogs. (MassDMF 2016 Annual Report). This compares with 227 licensed growers cultivating 594 acres on Cape Cod in 2015. (MassDMF 2015 Annual Report). Interest in commercial aquaculture in Brewster is growing as well, and this has implications for management of Brewster’s coastal resources. The Town’s regulations governing commercial aquaculture grants were last updated more than a decade ago. Current regulations are not consistent with neighboring towns, nor are they consistent with recent changes in state regulations. Brewster Oysters Photo courtesy of C Miller The Town is in the process of updating regulations governing commercial shellfish aquaculture to ensure that aquaculture is allowed in a manner that protects fragile resources and avoid conflicts with other coastal activities. Key management issues are: • Size/Number. There are currently 9 grants licensed in Brewster. Each grant is allowed to be a maximum of two acres. There is a waiting list of people interested in obtaining a new grant license, and others have informally indicated interest. Brewster Coastal Resource Management Plan July 2018 3 • Location. To prevent stress on public access points during the summer, current regulations do not allow grants to be permitted off of town-owned beaches and landings. However, some grants predate that rule and six of the grants are located off of public access points. The current regulations allow grants to be located in front of private property with the owner’s permission. While in the past this permission to locate a grant in front of private property has not been difficult to obtain, growers are now encountering more resistance. • Access. As noted, six grants are currently accessed by foot via town landings or beach areas, while private access is contingent on obtaining owner’s permission. Mant’s, Linnell, Point of Rocks and Ellis Landings currently provide access to grants. However, there is no oversight or regulation for this use of public landings or protocols in the event of accidents, spilled fuel or other liability concerns. To provide alternate access, the Town may begin discussion with the Town of Dennis regarding the possibility of allowing access to grants via Crowes Pasture. The Town of Dennis allows grant holders in that town to access grants by driving over the flats under the town’s Off Road Vehicle (ORV) Management Plan. The Town of Brewster is interested in exploring whether the Crowes Pasture access could be used by Brewster grant holders as well. • Economic impact. According to the most recent data available from MassDMF, statewide the harvest of cultivated oysters is valued at $21 million and the value of quahogs at $1.34 million. The full impact of shellfish aquaculture on Brewster’s local economy has not been evaluated. 2. Commercial Shellfish Harvesting There are currently 20 commercial shellfish licenses issued annually. Commercial harvesting is allowed only in the east end of town. Commercially harvestable species under current regulations include quahogs, and oysters grown in grants. As described below, the Town is undertaking a razor clam harvest pilot project to test the viability of ongoing commercial harvesting of that species. The Town can open up harvests for other species such as scallops, but they are not addressed in the current regulations. As with aquaculture, Brewster’s regulations governing commercial shellfish harvesting were last updated more than a decade ago. Current regulations are vague in some areas and do not address emerging issues such as the need for regulations to control diseases such as vibrio. The Division of Marine Fisheries (DMF) works with the state Department of Public Health to develop a Vibrio Control Plan. DMF regulates shellfish harvesters, while Public Health regulates the dealers that buy from harvesters. Razor Clams Razor clams are not currently a commercially harvested species in Brewster. At the request of local commercial fishermen, the Town has launched a Commercial Razor Clam Harvest Pilot Project to determine whether a regular commercial harvest can be sustained without undue stress on the resource and, if so, how such the fishery should be managed. Brewster Coastal Resource Management Plan July 2018 4 Initially, a maximum of 15 harvest licenses will be issued for the pilot program. Preference will go to people with existing commercial licenses. A random lottery will be used to allow other interested parties to participate, up to the maximum of 15 licenses to be allowed under the pilot project. • Point of Landing. The fishery will be based out of Linnell, Ellis and Crosby landings. This means that all harvest will be landed at these landings, unless fishing via boat. If by boat, landings will be at either Rock Harbor in Orleans, or at Sesuit Harbor in Dennis. Prior to landing, notice must be given to the Shellfish Department to allow inspection at the point of landing. • Competing Uses. The increased shellfishing activity is expected to result in additional parking at the three landings. It is expected that up to 15 vehicles will be parking at the landings to harvest for a period of 5 hours at a time, plus one town vehicle for staff to monitor landings. By comparison, Linnell Landing has 24 parking spaces, plus two handicap spaces. However, it is important to note that razor clam harvest will take place at extreme low tides. Therefore, the potential for harvesters competing with other parking demand may not be significant if the tides do not coincide with periods of higher demand for beach parking. Parking issues and competing uses will be monitored during the pilot project. • Habitat considerations. Some concerns have been raised regarding the potential resource impacts associated with salting and/or hydraulic methods of razor clam harvesting. Additional study is needed to fully understand the potential effects of different harvesting methods. Similarly, commercial harvesting of razor clams would reduce the population available to horseshoe crabs and other species that rely on razor clams for food. • Number of days fishing. The pilot project will operate 7 days a week through September, with ongoing monitoring by the Shellfish Department. The ongoing costs of monitoring will need to be factored into annual budgets for the Shellfish Department. Brewster Coastal Resource Management Plan July 2018 5 Brewster volunteers working with oyster cages Photo courtesy of C Miller 3. Recreational Shellfishing and Public Shellfish Propagation Recreational shellfishing is a quintessential summer activity on Cape Cod. Recreational licenses permit the taking of regulated quantities of the following species: sea clams, soft-shell clams, mussels, quahogs, razor clams, oysters, scallops, sea worms, sand Eels, American Eels. Oyster harvest in the fall draws a number of permit holders. Last year Brewster issued 539 resident recreational shellfishing permits, 174 weekly non-resident permits and seven seasonal non- resident permits. Recreational harvesting is allowed in the following areas: • From June 1 through September 30, Recreational fishing area is closed east of Ellis Landing east in the summer, and is being opened for limited commercial harvesting of razor clams under the pilot program. • The taking of shellfish from the rock piles seedbeds) directly off of Ellis Landing and Ocean Edge is prohibited throughout the year. • During the months of July and August, all shellfish harvested in the Saints Landing stocked area must be landed and checked out by the Shellfish Constable at Saints Landing. • The immediate areas of Paine's Creek, Quivett Creek, Namskaket Creek are closed to the taking of shellfish due to contamination. The Town runs several shellfish propagation efforts to support recreational harvesting. These Brewster Coastal Resource Management Plan July 2018 6 include a floating upweller to raise shellfish seed (quahogs, oysters) to maturity in Sesuit Harbor in Dennis. The Town raises oysters in cages and bags off Mant’s Landing, Breakwater Landing and Ellis Landing. Quahog seed is distributed in the rock beds to supplement the natural set. Spring propagation events include an eight-day littleneck season off Ellis Landing. This is repeated in late September. In July and August the Town only allows shellfishing on Thursdays and Sundays and stock an area off Saints Landing with quahogs. In the fall (Sundays in October/November) the Town stocks an area for oyster harvest off Ellis Landing. These seasonal programs are extremely popular with permit holding town residents and visitors. Oyster Sundays in October/November Photo courtesy of C Miller Brewster Coastal Resource Management Plan July 2018 7 4. Town Landings Town landings are the core of the Town’s water dependent infrastructure and provide public access for a variety of recreational and commercial activities along Brewster’s shoreline. Appendix A from the Coastal Adaptation Strategy (enclosed) provides a summary of the size, parking, and activities supported at each landing. Management issues associated with town landings include: • Emergency Vehicle Access. Maintaining access at town landings to allow emergency response is a top priority. The Brewster Fire Department has an all terrain vehicle and an inflatable vessel that can be launched off a beach or landing; and Fire Department vehicles can be used off of several landings. • On-going Nourishment and Maintenance. Town landings and beaches will continue to require regular maintenance and nourishment in order to manage the effects of sea level rise and storm surge, address wear and tear generated by heavy public use, and provide improved access and amenities for diverse user groups. Recent maintenance and management actions undertaken by the Town at coastal access points include the following: o Relocated parking lot at Paine’s Creek; parking lot replaced with sacrificial sand and beach; o Stormwater controls throughout the Stony Brook valley, including Paine’s Creek Road, Stony Brook Road, and replacement of the dam at the Stony Brook Mill; o Relocated parking spaces, restored and protected dune at Breakwater, including a sturdy sand fence at the beach side of the dune. Implemented green infrastructure (vegetated swale) to absorb stormwater and pollutants to eliminate a direct discharge onto the beach; o Stairs and sand nourishment at Little Breakwater to replace a degraded path/gulley down the coastal bank; o Ellis Landing stormwater and beach restoration: Removed non-functional stormwater structures from beach, installed a resilient mat, nourishment, installed stormwater controls in roadway and parking area, eliminating a direct stormwater discharge to the beach; o Linnell Landing stormwater project: Installed stormwater control structures throughout parking lot and roadway, pitched parking lot back from beach, repaved; Eliminated a direct stormwater discharge onto the beach; o Maintenance at all locations: Regular nourishment at Breakwater Landing, Ellis Landing, and Paine’s Creek; o Sand nourishment at Mant’s Landing, sacrificial dune and sturdy sand fence; o Notice of Intent/Order of Conditions developed for all landings except Mant’s, allowing regular maintenance and nourishment as required; For Mant’s Landing, a conceptual study was completed to evaluate removal of pavement with replacement by a resilient Brewster Coastal Resource Management Plan July 2018 8 pervious surface, with grade changes to address stormwater concerns from flooding beach side and from the marsh at the back; o Improvements to handicap access (platform and path at Linnell Landing, accessible platform at Mant’s Landing, roll out walkway at Breakwater Beach, viewing area at top of stairs at Breakwater Landing); o Accessible roll out pathway installed at Paine’s Creek spring 2018, shed to store a beach wheelchair expected summer 2018; o Footbridge at Paine’s Creek to be replaced fall 2018, including a raised walk across the marsh. • Access for Beach Nourishment. Certain town landings are used by private contractors to bring equipment and sand for beach nourishment projects and/or installation and repair of erosion control structures on private property. Mant’s and Breakwater landings have been used for most of the private property projects, with Point of Rocks, Ellis and Linnell landings used less frequently. This access is allowed by permit from the Select Board requiring bonding and other standards. • Parking. A limited amount of parking at town landings and access points serves multiple user groups. Expanded access for commercial aquaculture and shellfishing will need to balance demand for parking with other user groups. • Mooring Access Vessel activity on Brewster’s north facing shoreline is naturally constrained by the large tidal range that leaves many boats grounded for much of the tidal cycle. However, there is steady demand for moorings in Cape Cod Bay. Brewster requires moorings for any vessel greater than 9 feet that is kept on the water, flats or shore for more than 14 days. Brewster issues permits for 150 moorings each year along the coast, and each permit is assigned to a designated mooring field. Moorings are not allowed directly in front of town landings or in Paine’s Creek. Currently there is no wait list for mooring permits on the bayside (there are waiting lists for Long Pond). It is not necessary to be a tax-payer to be eligible to obtain a mooring permit. • Commercial Activity. Limited non-commercial activity is currently allowed on town landings and beaches. These non-commercial activities include yoga classes, and services conducted by a local church. The only licensed commercial use of the landings other than for fisheries landings is for a single ice cream vendor to service all beaches during the summer. The Town should consider the positive and negative impacts of allowing new or expanding commercial activities, such as paddle board rental and lessons, kayak clubs and flyfishing lessons that may seek to use the landings and beaches in the future. • Storage of Kayaks and Dinghys. The Town operates a successful lottery program for the storage of kayaks on town racks. Currently, roughly 100 kayak rack permits are issued each year at Paine’s and Mant’s landings. Kayak racks may be added at Crosby and Linnell landings in the near future. Dinghy racks are provided for mooring permit holders at Crosby and Linnell Landings. No dinghy or kayak storage is allowed on public beaches. Brewster Coastal Resource Management Plan July 2018 9 Management Concepts 1. Update the Town’s commercial aquaculture regulations. 2. Designate an Aquaculture Development Area whereby a number of acres of tidal flats is made available for private aquaculture grants. 3. Work with the Town of Dennis to allow access to Brewster grants through Crowes Pasture 4. Update the Town’s commercial shellfishing regulations. 5. Continue/expand public shellfish propagation programs. 6. Undertake a study of economic benefits to the community from shellfishing and aquaculture. 7. Develop a capital plan to plan for and prioritize expenditures for maintenance and improvements at Town Landings. 8. Consider regulations or guidelines for commercial activity at town landings. Suggested Discussion Questions: • Do you participate in recreational or commercial shellfishing? What is your experience? Do you have questions or suggestions? • Do you support expansion of aquaculture grants on Brewster flats? • Do you think aquaculture expansion should be permitted off of town landings and beaches, or do you think it would work better to focus the activity in an Aquaculture Development Area? • Do you use kayak racks? What is your experience? Do you support the expansion of kayak racks? • Do you think the town should consider user fees for use of town landings for certain activities? • Are there other water dependent uses the Town should consider in the development of the coastal resource management plan? • What is your experience when you attempt to park at a town beach or landing? • What measures do you think would improve or address any concerns you have about parking at town beaches and landings? Namskaket CLOSED CLOSED CLOSED ^^^ ^^ ^ ^ ^^ ^ ^ ±Town of Brewster Public Properties & Wetlands Figure 1 Little Pleasant Bay Cape Cod Bay Legend Town Landing Roads State-owned parcels Town-owned parcels Wetlands Town of Brewster ^ 0 .75 1" = .75 miles Document Path: H:\Projects\2015\15153 Brewster Coastal Adaptation Plan\GIS\Maps\160804_PublicProp_Wetlands.mxd Wing Island Paine's Creek Mant's Landing Saint's Landing Breakwater Landing & Breakwater Beach Point of Rocks Ellis Landing Spruce Hill Linnell Landing Crosby Landing Date: 9/30/2016 Brewster Coastal Adaptation Strategy September 30, 2016 A - 1 APPENDIX A – LANDING PROFILE MATRIX This appendix provides a summary of information for the landings in a table format, where each line in the table is a landing, and the columns in the table provide the following information: x Landing: name of the landing. The Town has added/continues to add sand at the landings marked with an asterisk (*). Note: this is not an exhaustive list of Brewster’s coastal resources, which also include: o Drummer Boy/Eldridge (Cedar Hill Reserve), o Indian Spring, o Quivet Marsh Vista, and o Other conservation areas. x Parking Spaces: approximate number of town-owned parking spots at each landing. Note: Bike racks are available during the summer season at all landings with public parking. x Beach length (feet): approximate length of public beach (in feet) estimated at Mean High Water (MHW) level using geographic information service (GIS) aerial photography and town and state owned parcel information. At Linnell and Crosby landings, most of the beach area is owned by the State, so the beach length is separated between town and state owned property. x Beach width (feet): Approximate width of public beach (in feet) estimated at spring high tide using Google Earth aerial photo (5/23/15). x Handicap (9 stands for Yes) o Parking: approximate number of handicap parking spots at a landing. o Wheelchair access: whether the landing is accessible to wheelchairs and/or people with limited mobility. Note: wheelchairs that facilitate beach/beach and water access are available and can be borrowed from the Council on Aging in Brewster. o Visual access: identifies whether the landing has a view of the ocean/marsh accessible from either a parked vehicle or a wheel-chair accessible path or platform. x Activity/ Use Type: swimming is available at all landings, and is not identified in the table. o Commercial shellfishing: whether the landing provides a coastal access point o Recreational shellfishing: most landings are open for recreational shellfishing, except Wing Island and Paine’s Creek. o Emergency Access: to the beach for boats and vehicles (e.g., fire, rescue) o Other: trails, marsh access, anchorages, etc… x Recent o Storm impacts: brief description of recent storm impacts to the landing. Note: impacts may be a recurring issue. o Adaptation: recent efforts by the Town to mitigate storm impacts. Brewster Coastal Adaptation Strategy September 30, 2016 A - 2 x Threat o Coastal erosion: brief summary of coastal erosion evaluation, including erosion/ accretion rates calculated using 1951 and 2009 shorelines from the MA Coastal Zone Management’s Shoreline Change Project. o Sea Level Rise: brief description of SLR impacts to parking, access, and the resource for the following scenarios: ƒ MHW, ƒ MHW + 2 ft (SLR or storm surge), ƒ MHW + 4 ft (SLR or storm surge), and ƒ MHW + 8 ft (SLR and storm surge). x Survey Results: o 2016 Beach Visitors: Percentage of survey respondents reporting visiting past summer (2016) - out of 2048; o Favorite beach (%): Percentage of survey respondents who ranked the beach as their favorite public beach - out of 1838; and o First choice for shuttle: Those who answered the survey question about what beaches they would shuttle to identified, as their first choice: Paines, Mant's, Breakwater Beach, and Crosby. It should be noted that approximately 45% of respondents said they would not use a shuttle, and of those who would, 33% would if the trip were 5-10 minutes in duration. Brewster Coastal Adaptation Strategy September 30, 2016 A - 3 Landing Parking Spaces Beach length (feet) Beach width (feet) Handicap Activity/ Use Type Recent Threat Survey Results Parking Wheelchair access Visual Access Commercial shellfishing Recreational shellfishing Emergency access Other Storm impacts Adaptation Coastal erosion Sea Level Rise 2016 Beach visitors (%) Favorite beach (%) First choice for shuttle Wing Island No dedicated town parking > 3,000’ ~30’ 0 No No No No No x Two trails x Marsh access Some boardwalk planks disappear in storms Replaced missing/ damaged boardwalk planks x Limited erosion of island x Greater sediment movement at Creek inlet x Island footprint may shrink x Access to path may become flooded 24.8% 2.3% No Paine’s Creek * 19 > 500’ along revetment ~30’east of revetment 2 In 2016: Boardwalk, Dedicated wheelchair stored in shed 9No No 9 x Small boat ramp x Anchorage on flats x Kayak racks (~50-60) x Old parking damaged in storm x Erosion of beach area x Retreat (parking) x Removal of tidal restriction x Beach nourishment x Erosion likely to continue x Scour of inner creek mouth x Revetment will provide limited protection x Access to beach floods at 4ft x Beach underwater at 8 ft x Parking impacted (50% at 4 ft, 100% at 8 ft) 59.7% 15.5% Yes Mants 37 ~1,000’ from Paine’s Creek revetment to end of parcel ~40’ 1 9 (small boardwalk) 9 Access point for aquaculture 9 9 x Anchorage on flats x Kayak racks x Dune destroyed most winters x Pavement at risk x Rebuilt dune x Dune/beach nourishment x Removed sand from parking x Fixed parking x Significant historical erosion (~1.7 ft/yr 1951- 2009) x Inland migration of western barrier beach to continue x Flood impacts parking (~50%) & access @ 4ft x Flood prevents access & parking (100%) @ 8ft x Beach underwater @ 8 ft 32.0% 9.0% Yes Saints * 38 ~180’ ~55’ 2 No (steps) 9 (vegeta- tion trimmed to 3 ft) No 9 (summer stocking program for shellfishing) 9 Small anchorage on flats x Steps erode x Bank getting steeper Stormwater improvements: x Infiltration galleries x Pipe for overflow x Past erosion (~0.7 ft/yr 1951-2009) likely to continue x Groins may eventually be undermined at landward end No expected impact to access or parking until after 8 ft (surge + SLR), unless erosion continues 34.4% 6.0% No Breakwater Landing * ~5 ~ 80’ ~10’ 0 Viewing platform 9No 9No Small anchorage on flats Erosion of foot of bank causing some slough x Replaced foot path with stairs & viewing platform x Bank nourishment x Plants & fences x Limited past erosion may increase x Marsh shrinking x Flood prevents access @ 4ft x Beach underwater at 8 ft 28.0% 1.6% No Breakwater Beach * 62 ~280’ ~60’ 2 + 1 spot near picnic area 9 9 Coastal access point for aquaculture 9 9 N/A x Dune erosion x Dune restoration x Retreat (parking) x Sand fencing and plantings to protect dune x Significant historical erosion (~1.8 ft/yr 1951- 2009) x Beach & dune likely to continue to retreat x Beach increasingly floods x Parking lot floods @ 8ft 45.6% 12.9% Yes Brewster Coastal Adaptation Strategy September 30, 2016 A - 4 Landing Parking Spaces Beach length (feet) Beach width (feet) Handicap Activity/ Use Type Recent Threat Survey Results Parking Wheelchair access Visual Access Commercial shellfishing Recreational shellfishing Emergency access Other Storm impacts Adaptation Coastal erosion Sea Level Rise 2016 Beach visitors (%) Favorite beach (%) First choice for shuttle Point of Rocks 3+8 ~ 100’ ~20’ No No 9 Access point for aquaculture 9 9 Small anchorage on flats x Limited erosion from stormwater x Dune & plantings provide water quality buffer Repair catch basin x Accretion 1951- 2009 (~0.7 ft/yr), more recent erosion x Shoreline retreat likely to continue x Low dunes likely to migrate landward x Limited impact, other than beach floods x Access to beach floods @ 8 ft 26.9% 4.9% No Ellis * 15 ~ 65’ ~30’ 1 Limited mobility ramp, but no wheelchair access 9 Access point for aquaculture 9 (popular location) Public shellfishing events spring and fall 9 N/A Erosion caused parking and catch basin damage Fall 2016 x Beach erosion likely to continue x Scour at end of revetment x Limited impact, other than beach floods x Access to beach and parking (~15%) flood @ 8 ft 30.1% 5.3% No Spruce Hill ~12 ~650’ ~30’ No No (long path to beach/ water) No No 9 No Trail x Dune erosion x Washed out stairs Access & stairs rebuilt x Historical erosion (~0.8 ft/yr 1951 – 2009) x Wetland behind barrier beach system may be lost to erosion Limited impact, other than beach flooding 10.8% 1.3% No Linnell 25 ~60’ (Town owned) ~1,200’ (State owned – east of Crosby) ~50’ 2 9 (handicap platform, boardwalk, seating) 9 x Access point for aquaculture x Possible aquaculture grants north of adjacent state beach 99N/A Erosion x Beach nourishment x Project for capture & infiltration of stormwater runoff x Moderate erosion 1951-2009 (~0.3 ft/yr) x Recent accretion (>5 ft/yr) x Long term eroding trend may continue x Low-lying parking area subject to flooding and sand accumulation from dune x Access to beach and parking (~60%) flood @ 8 ft 39.0% 10.3% No Crosby 60 ~180’ (Town owned) >2,500’ (State owned – west of Crosby) ~50’ 3 No 9 (salt marsh) No 9 9 x Anchorage on flats x Marsh access Active dune regularly buries access Dig out excess sand from parking area x Significant accretion historically (~1.5 ft/yr 1951-2009) and recently (>6 ft/yr) x Accretion may continue on long term, but potentially impacted by storms and SLR x Access to parking and parking (~50%) flood @ 4 ft x All access and parking flood @ 8 ft 56.4% 30.8% Yes