Formal Permit Process For Pier Use Rejected; Board Not Likely To Approve Private Use Of Shorefront Facility

CHATHAM – If you’re looking to save a few bucks by using the fish pier as a staging area for your shorefront project, think again.

 The select board declined to adopt a formal licensing and application process for commercial non-fishing use of the pier area last week, indicating that they are not likely to approve such a use with or without a permit application process.

 “We spent a ton of money on the fish pier and it’s working better than it ever has,” said board member Dean Nicastro. “I’d hate to jeopardize that.”

 Last year two contractors used the lower parking lot of the pier to stage and store equipment for two coastal projects, one involving recovery of demolition debris from Sipson Island in Orleans, the other for a nearby erosion stabilization project.

 Another contractor has requested use of the pier, Natural Resources Director Greg Berman told the select board Dec. 10.

 “We are very hesitant to do anything at the fish pier without a lot of documentation and processes in place,” he said.

 Last year, the select board asked town staff to develop a more formal protocol for approval for commercial non-fishing use of the facility and to develop fees for permits. An application process was developed along with criteria for four different levels of use of the pier: negligible use, minor use, moderate use and major use. At each level, applicants must detail the space required, duration of use, intensity of activity and town resources needed. Types of projects range from short-term use with negligible impacts to those taking days or weeks and requiring a significant amount of space, like large-scale coastal construction projects.

 Select board members said they appreciated the work that went into the application and criteria but weren’t sure a formal permit process was necessary. The town invested millions of dollars in the pier through reconstruction of the south jog and bulkhead areas to benefit the commercial fishing industry, not private homeowners or contracts.

 Town Manager Jill Goldsmith was on board with that position.

 “It’s not for a contractor saving money to use a town resource in order to carry out some project for a private property owner,” she said. She would not likely approve such a use unless it was an emergency, she said.

 “It is such a congested area,” Goldsmith said. “I can’t see any major use being approved that would take up the pier or the parking. It would have to be some emergency use, primarily, I think, in service to the town.”

 Board member Cory Metters agreed.

 “I don’t want it to become the best option because it’s the cheapest,” he said.

 However, the structure and criteria could still be useful as an internal checklist before any requests for use of the pier go before Goldsmith or the board, said Nicastro. 

 “That way we still maintain our control,” concurred board member Shareen Davis. Use would only be allowed during winter months when commercial fishermen are not active, board members noted.

 The contractor currently requesting use of the pier could present a proposal to be reviewed informally under the process the staff developed as a test case, said chair Michael Schell. 

 “We need to make sure that this is for extreme circumstances and not something granted except for that,” he said.