Pinehurst Beach association seeks guidance after jetty found partly on abutter's land

Kim Shy, acting president of the Pinehurst Beach Improvement Association (PBIA), told the Wareham Conservation Commission on May 6 that a post-construction survey and an engineer's review found about 115 square feet of the association's Pinehurst Beach jetty on an abutter's land, and that the original engineering stamp on the plans was invalid.

"We are a nonprofit. We don't have a ton of money," Shy said, describing why the association needs early guidance before paying for new plans or permitting. "If there's absolutely no chance of us being able to move the jetty, I would just like to know that ahead of time because I don't want to go forward with spending money on the engineer, the permitting process and all of that." (Kim Shy, acting president, PBIA)

The association presented three practical options: obtain an easement from the abutter, purchase the strip of land the structure encroaches on, or relocate the jetty farther from the abutter (engineers estimate the necessary relocation would be roughly 12—15 feet toward the clubhouse) — with the fallback being full removal if relocation or an easement is not possible. The relocation option raises engineering and environmental issues: the proposed moved footprint may lie nearer to an existing water-supply pipe and could extend into mapped shellfish habitat, requiring a demonstration that the work will not harm habitat or that shellfish can be safely and legally relocated.

Commissioners and staff urged the association to follow a staged approach: (1) have JC Engineering or another licensed engineer and land surveyor finalize and certify a plan showing the current encroachment and feasible relocation alternatives; (2) ask the Wareham Water Department to mark the location of the buried water pipe so the engineer can show buffers; and (3) confirm whether the proposed new footprint would trigger additional requirements because of shellfish habitat or Chapter 91 licensing. Christine, the Commission's conservation agent, told the group that staff could help coordinate utility marking and that Department of Environmental Protection (DEP) licensing is typically based on structurally sound plans and town approval.

Commission discussion also returned to a previously issued order of conditions and the chapter 91 license process. Staff and commissioners noted the association cannot submit a Chapter 91 license application until either an easement or permission from the abutter is in hand; that licensing process will also require engineered plans to be certified by a licensed professional. Commissioners suggested exploring whether the association could instead purchase the small strip of land the jetty rests on, which might be less expensive than a full relocation in some scenarios, and recommended that the association consult JC Engineering about how any relocated jetty would be constructed and whether shellfish relocation or compensatory restoration would be required.

The commission did not make a final determination at the meeting. Shy said PBIA will pursue additional engineering detail before returning to the commission: "I just wanted to come and say this is what I have to deal with and the association has to deal with. The board's been looking for solutions and I just don't want to spend the money of the association if this is like an absolute we cannot do this," she said. (Kim Shy)

Next steps: PBIA will ask the Water Department to flag the buried pipe for engineers, obtain a certified plan from JC Engineering, and return to the Commission with a clearer proposal. The Commission recommended that PBIA pursue an easement in the short term while engineers prepare relocation options and that the association coordinate early with staff about Chapter 91 and shellfish-habitat questions.