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Commission approves Kelly pier with depth variance and DMF time‑of‑year restriction
Summary
The commission approved a replacement pier, ramp and float for Robert and Maureen Kelly (SE83‑2458) after the applicants moved the structure landward to meet town length rules; the commission accepted a variance to proposed depth and noted a DMF time‑of‑year construction restriction.
The Yarmouth Conservation Commission approved a continued notice of intent from the BSC Group on behalf of Robert and Maureen Kelly (SE83‑2458) for a new pier, ramp and float at 146 Mayflower Terrace, with conditions including a state fisheries time‑of‑year restriction recommended by the Division of Marine Fisheries (DMF).
Kieran Healy, a land surveyor with BSC Group, said the proposed pier was moved back to meet the town’s 80‑foot maximum length requirement; that change reduced the design depth at the float to minus 2.1 feet mean low water from an earlier plan at minus 3.0 feet. Healy said the owners have a pontoon boat and the shallower depth was believed sufficient for their use. He told the commission Waterways had unanimously recommended the project.
DMF submitted standard comments noting shellfish displacement and recommended a time‑of‑year restriction to avoid flounder spawning impacts; the commission said the restriction would be acceptable as a special condition. Commissioners asked about interim repairs to decking and whether deck repairs would disturb substrate; the applicant said the interim work would be limited to decking boards and would not excavate under the structure.
The commission moved and seconded approval with special conditions, including the DMF time‑of‑year restriction and standard conditions requested by staff; the motion carried.
Why it matters: The action resolves competing constraints — town length limits, shellfish and fishery concerns, and the need to provide safe access for the owners’ craft — and documents how local and state advisory comments shaped permit conditions.
Staff will incorporate the DMF time‑of‑year restriction and any conditions for interim decking repairs in the order of conditions. Waterways had already unanimously recommended the revised plan.
The owners and their consultant thanked the commission.
