PROVINCETOWN HARBOR PLAN 7/22/99
Table of Contents
November 11, 1998

 I. Summary of the Plan

 I-A. Overview
I-A-1. A Plan for the Future of Provincetown Harbor
I-A-2. Planning Context
I-A-3. Organization of the Provincetown Harbor Plan
I-A-4. Limits of the Planning Area

 I-B. Planning Framework: Overall Goals and Objectives

 I-C. Summary of Principal Conclusions and Recommendations
I-C-1. Land Use
I-C-2. Water Use
I-C-3. Public Facilities
I-C-4. Proposed Local Regulatory Framework for Chapter 91
I-C-5. Long Term Plans
I-C-6. Implementation Framework

 II. Review of the Planning Process

 II-A. Preparation, Review and Approval Process

 II-B. Participants

 III. Summary of Existing Conditions

 III-A. Overview

 III-B. Physical Water and Land Conditions
III-B-1. General Description
III-B-2. Water Use
III-B-3. Land Use
III-B-4. Marine Structures and Coastal Features
III-B-5. Environmental Conditions

 III-C. Regulatory Environment
III-C-1. Jurisdictional Context: Introduction
III-C-2. Zoning
III-C-3. Chapter 91
III-C-4. Municipal Harbor Plans
III-C-5. Federal Emergency Management Act Regulations
III-C-6. Harbor Regulations
III-C-7. Wetlands Regulations

 III-D. Economic and Management Conditions
III-D-1. General
III-D-2. Provincetown Fishing Industry
III-D-3. Boat Repair and Maintenance
III-D-4. MacMillan Pier

 III-E. Historic Setting and Social Context
III-F. Summary of Key Issues Based on Findings

 IV. Summary of Planning Alternatives
IV-A. Purpose of the Planning Alternatives
IV-B. Summary of the Planning Alternatives
IV-B-1. Alternative 1: Improve the Existing Conditions
IV-B-2. Alternative 2: Encourage Waterside Potential
IV-B-3. Alternative 3: Encourage Landside Potential
IV-C. Conclusions of the Alternatives Phase

 V. Planning Recommendations
V-A. Land Use
V-A-1. Land Use Patterns
V-A-2. FEMA Velocity Zones
V-A-3. Environmental Impacts of Land Use
V-A-4. Stormwater Management in Provincetown Harbor
V-A-5. Harbor Beaches
V-A-6. Summary of Land Use Actions

 V-B. Water Use
V-B-1. Water Use Plan
V-B-2. Commercial Fishing
V-B-3. Aquaculture
V-B-4. Other Commercial Boating
V-B-5. Recreational Boating
V-B-6. Town Moorings
V-B-7. Navigation and Dredging
V-B-8. Water Quality
V-B-9. Summary of Water Use Actions

 V-C. Public Facilities
V-C-1. MacMillan Wharf
V-C-2. Public Landings and other Publicly-owned Lands
V-C-3. Other Public Improvements
V-C-4. Summary of Public Facilities Actions

 V-D. Regulatory Framework for Waterways Licensing
V-D-1. Introduction
V-D-2. Properties Within Chapter 91 Jurisdiction
V-D-3. Licensing Under the Amnesty Standards of the Waterways Regulations
V-D-4. Licensing Under the 1990 Standards of the Waterways Regulations
V-D-5. Effect of Plan on Pending and Future License Applications

 V-E. Guidance to DEP for Chapter 91 Licensing in Provincetown Harbor
V-E-1. Objectives
V-E-2. On-Site Public Benefit Requirement
V-E-3. Off-site Public Benefit Requirements (Contributions To the Harbor Access Gift Fund)
V-E-4. Additional Amplifications of Discretionary Requirements

 V-F. Long Term Plans

 V-G. Summary of Recommended Actions for Water Access and Enhancing Water-Dependent Uses
V-G-1. High Priority Actions
V-G-2. Medium Priority Actions
V-G-3. Long Term Actions

 VI. Implementation Framework

 VI-A. Harbor Management Roles and Responsibilities
VI-A-1. Provincetown Harbor Committee
VI-A-2. Harbor Access Fund
VI-A-3. Provincetown Historic Rights-of-Way Committee
VI-A-4. MacMillan Pier Management Entity
VI-A-5. Other Existing Departments and Entities

 VI-B. Chapter 91 Licensing Implementation

 VI-C. Summary Matrix of Roles and Responsibilities

 Summary of Sources and Additional Available Information

 Appendix A, Provincetown Properties Presumed To Lie within Chapter 91 Jurisdiction Table

Appendix A Provincetown Properties Presumed To Lie within Chapter 91 Jurisdiction List

Appendix B Table

Appendix B Recommended Parcel-Specific On-Site Improvements
Appendix C

 List of Figures

1. Planning Area Map, western portion
1. Planning Area Map, eastern portion
2. Existing Water Use, western portion
2. Existing Water Use, middle portion
2. Existing Water Use, eastern portion
3. Existing Land Use, western portion
3. Existing Land Use, eastern portion
4. Location of Public Access Points, western portion
4. Location of Public Access Points, middle portion
4. Location of Public Access Points, eastern portion
5. Environmental Conditions, western portion
5. Environmental Conditions, middle portion
5. Environmental Conditions, eastern portion
6. Existing Zoning
7. Existing Develoment within FEMA Velocity Zones
8. Proposed Water Use Plan, western portion
8. Proposed Water Use Plan, middle portion
8. Proposed Water Use Plan, eastern portion
9. MacMillan Pier, Existing Conditions (not included)
10. MacMillan Pier, Proposed Improvements (not included)
11. Provincetown Chapter 91 Guideplan: Region Designations
12. Provincetown Historic Tidelands, west to east #1
12. Provincetown Historic Tidelands, west to east #2
12. Provincetown Historic Tidelands, west to east #3
12. Provincetown Historic Tidelands, west to east #4
Acknowledgements

 Harbor Plan for the Town of Provincetown
Table of Contents
November 11, 1998

I. Summary of the Provincetown Harbor Plan

I-A. Overview

I-A-1. A Plan for the Future of Provincetown Harbor

Provincetown Harbor is an attractive focus of activity for the entire community which surrounds it. The Harbor area is a complex place that requires public attention to ensure appropriate use and a clean environment. The Provincetown Harbor Plan establishes practical steps to meet these goals. This Plan values the present character and activities within the Harbor area. Rather than seeking dramatic changes, the objective of the Plan is to enhance the Harbor through better management and by accomplishing a list of coordinated improvements.

The Plan envisions a future Provincetown Harbor with substantially greater access and a more pleasant character along the waterfront for all of its users. The Plan calls for many small scale improvements, each planned and designed with respect for the special qualities of its particular circumstances and the uses which will be served. Improvements will be achieved in part by:
 
 

• Improvements to all town landings and public access points.
 
 

• A new set of guidelines and special license review process for harbor-edge properties required to meet Commonwealth of Massachusetts Chapter 91 licensing standards for public access and water-dependent uses. These guidelines are tailored to Provincetown's special circumstances as a waterfront with extensive Commonwealth tidelands largely filled by existing development.
 
 

In addition, the Plan includes improvements to the public wharves, bulkheads, boat ramps and support infrastructure for commercial and recreational boating through reconstruction and improvements. Both short-term and long-term actions will continuously add to the safety and amenity of a harbor for all sizes and types of vessels. Among the specific recommendations are:
 
 

• Reconstruction of MacMillan Pier to correct deterioration and structural deficiencies and better serve both current and future uses
 
 

• Additional support facilities for small-boat commercial fishing
 
 

• Improvements to the existing boat ramp and future construction of a new boat ramp on a site to be determined through additional study
 
 

• Use of existing land use procedures to protect water-dependent uses, and the investigation of additional measures to help ensure appropriate uses along the waterfront.
 
 

The Plan includes several management changes to improve coordination of harbor activities and to make more efficient use of public resources. Specific recommendations of the Plan include:
 
 

• Creation of a Harbor Committee to ensure coordination of all aspects of the harbor
 
 

• Creation of a special management entity for MacMillan Pier to provide for better management of a reconstructed pier so that it is not a deficit for the town budget
 
 

I-A-2. Planning Context

 Provincetown Harbor is a unique asset for the community, the region, and the Commonwealth. Tucked inside a curling spit of sand at the outermost reaches of Cape Cod, the harbor provides a deep natural anchorage and picturesque setting that has attracted settlers, fishermen, tourists and residents for hundreds of years. Like other harbors, it has mirrored a changing economy. Once a major fishing and commercial port, the harbor edge was historically lined with numerous piers and wharves. Commercial Street along the harbor's edge served a vital marine-oriented economy and its related culture. While it still serves a vital role as a marine harbor, the business of the harbor is now largely related to tourism, which is the predominant economic activity for Provincetown and Cape Cod.
 
 

This Plan for Provincetown Harbor establishes a reasoned approach to the future use and management of Provincetown Harbor and its edges. The Plan has been prepared by the Town of Provincetown to address numerous existing problems and to establish consensus about the character and quality of the harbor into the next century. The Plan has been prepared in concert with the requirements for a Municipal Harbor Plan as recognized by the Commonwealth of Massachusetts Office of Coastal Zone Management, to establish a consistent regulatory approach to those lands and waters subject to Commonwealth jurisdiction. The Commonwealth retains specific interests in the future of the harbor for public access and water-dependent uses through M.G.L. Chapter 91 (Public Waterways Act, 1866), and through the implementing regulations (310 CMR 9.00).
 
 

The Plan more particularly responds to a specific list of issues raised in a participatory planning process as incorporated into a Scope for the Provincetown Harbor Plan. The Scope of the Plan was prepared by the Harbor Planning Committee, the group designated by the town to create this Plan. The Scope was also reviewed and approved by the Secretary of Executive Office of Environmental Affairs of the Commonwealth of Massachusetts, in keeping with the requirements of the State Municipal Harbor Planning process (301 CMR 23.00).

Five key issue areas have been addressed in this plan, and are reflected in its recommendations:

• Preserving the Harbor's Built and Natural Assets;
 
 

• Promoting Commercial Fishing and Aquaculture;
 
 

• Providing for Diverse Vessel Use and Needs;
 
 

• Assuring Public Access to the Shoreline for Recreation; and
 
 

• Planning for Future Harbor Uses.

I-A-3. Organization of the Provincetown Harbor Plan

 The elements of the Provincetown Harbor Plan have been organized to facilitate review and reference. This initial section of the Plan presents the fundamental goals and objectives of the plan and summarizes the principal recommendations regarding its future. Section II summarizes the planning process that has been employed to come to the conclusions contained in the Plan. Section III is a synopsis of the research concerning existing conditions that serve as the foundation for understanding the issues that are addressed by the Plan. Section IV recounts a key step in the planning process, during which potential alternative planning directions were studied and from which the conclusions emerged.

Section V incorporates the specific recommendations of this Plan. The recommendations have been organized somewhat differently than the original list of issues, to facilitate comprehensiveness and understanding of the conclusion. The recommendations trace the implications of the Plan for:
 
 

• Land Use
 
 

• Water Use
 
 

• Public Facilities
 
 

• Regulatory Framework for Chapter 91
 
 

• Long Term Plans
 
 

Section V concludes with Summary of Recommended Actions; this is a list of prioritized actions that are intended for specific public actions and expenditures.
 
 

Section VI is the Implementation Framework for the Plan. Rather than discussing what the Plan should accomplish, it describes recommendations on how the Plan should be accomplished. The implementation framework is summarized at the end of the section through a matrix that assigns responsibilities for each of the recommendations.

I-A-4. Limits of the Planning Area

 The planning area used for this Harbor Plan includes all of the land and uses immediately adjacent to the harbor within the town limits, between the Cape Cod National Seashore on the west and the Town of Truro on the east (see Figure 1. Planning Area Map). The Master Plan also includes the waters and harbor bottom for an area that is enclosed by Long Point to the South, the Long Point Dike to the west, the Provincetown waterfront to the north, and a line generally connecting Long Point and the Provincetown/Truro boundary to the east.
 
 

I-B. Planning Framework: Overall Goals and Objectives

 The Provincetown Harbor Plan is based on a series of general goals and specific objectives. These goals and objectives are intended to inform every element of the Plan and to reinforce a coherent vision of the future of Provincetown Harbor. The goals and objectives are based on the results of public meetings, discussions, surveys, reports and recommendations that were developed over many years, and for which the Harbor Planning process has served as the focus.

I-B-1. Goals

 • Provincetown Harbor should consistently be recognized as a unique public asset for which change should be carefully planned and implemented to protect both its environmental and economic role.
 
 

• Decisions concerning use of the harbor and its edges should seek to achieve a balance, allowing for multiple uses and seeking compatible relationships among them.

• Marine-dependent uses should generally have priority over other uses for land use and water use.
 
 

• Provincetown Harbor is a scenic resource and activity center for tourism and recreation; this role should be protected and enhanced.
 
 

• The environmental quality of Provincetown Harbor should be managed, monitored, and maintained to thoroughly protect its role as a natural and clean asset.
 
 

• Public access to and along the water's edge should be consistently protected and enhanced.
 
 

• Provincetown should strive to improve existing deficiencies in the harbor for all existing uses, without seeking to significantly shift the balance of uses in the short term.
 
 

• Responsibilities should be reorganized to improve both the effective management of public facilities and the interests in the harbor.

I-B-2. Objectives

 • The pattern of development along the Provincetown waterfront is generally appropriate and desirable in terms of density, use, and scale. However, increased provision for both access to the waterfront and access along the water's edge should be reinforced wherever practical.
 
 

• Land use impacts on water quality in the harbor should be minimized through correction of existing sewage and surface flow problems and the appropriate provisions in any future developments or improvements.

• Harbor beaches should be maintained to reduce trash and detritus.
 
 

• Facilities and support for the commercial fishery should be retained and enhanced through programs and facilities that can be adapted to changing needs of the industry.
 
 

• A specific plan should be created for both on-site and off-site public access for properties that are within the special jurisdiction of the M.G.L. Chapter 91.
 
 

• The needs of the small boat fishermen should be better accommodated in Provincetown Harbor.
 
 

• Provincetown Harbor should have improved access for trailered boats.
 
 

• Opportunities for increased aquaculture should be pursued insofar as they do not significantly interfere with existing patterns of use.
 
 

• Support facilities, mooring and berthing opportunities, and boat ramp facilities should be enhanced for recreational boaters.
 
 

• A pro-active and planned program for maintenance dredging should be implemented.
 
 

• MacMillan Pier should be improved to correct existing deficiencies and to serve future uses.
 
 

• MacMillan Pier should be managed to continue to serve as the multiple-use hub for public access to the water.
 
 

• Town landings and publicly owned land along the waterfront should be improved to provide better access and to accommodate increased public use appropriate to each location.
 
 

• Additional public access and amenities should be provided in areas in which they are scarce, including portions of the East End.
 
 

• The management of the town's waterfront assets (MacMillan Pier and the mooring fields) should be self-supporting to the greatest extent practical.
 
 

• Provincetown should establish a long-term goal of improving its facilities as a boating and cruising destination, by substantially improving the moorage and berthing potential for small boats through a comprehensive approach to breakwater and dredging improvements.

I-C. Summary of Principal Conclusions and Recommendations

I-C-1. Land Use

 Land Use Patterns and Regulations
 
 

Summary of Key Land Use Actions
 
 

• Incorporate Harbor Plan recommendations into special permit, variance, and similar reviews, including protection of water-dependent uses and limitation of any expansion of commercial parking as a waterfront use consistent with the Chapter 91 guidelines.
 
 

• Establish a town working committee to consider proactive measures for protecting and enhancing water-dependent uses including representation from appropriate Boards and Committees.
 
 

• Amend the zoning regulations regarding uses that support water-dependent uses.
 
 

• Seek funds and establish a process to study measures to protect properties in the FEMA velocity zones.
 
 

• Provide for continuation of water quality monitoring program. Design a comprehensive stormwater management plan.
 
 

• Enhance the removal of beach debris by providing additional assignment of maintenance responsibility and funding to the DPW and by providing additional trash receptacles.
 
 

• Enhance the removal of beach debris by increasing volunteer activities and increasing public awareness.
 
 

• Include conditions on the removal of beach debris in relevant permitting and licensing criteria.
 
 

In keeping with an overall goal of the Harbor Plan, there are several recommendations concerning the importance of water-dependent uses. This Harbor Plan recognizes that water-dependent uses should have reasonable priority for use of the water's edge as a matter of policy and public right. In part, this is a result of the Commonwealth's public use standards for qualifying land areas, which have been codified in the regulations known as Chapter 91. It is also in the best interest of Provincetown to support water-dependent uses for reasons of economics and the historical character of the community.
 
 

Most of the land use recommendations of the Plan are related to the implementation of a program to provide improved conformance with the Chapter 91 protections for water-dependent uses and public access to the waterfront. These recommendations are discussed at greater length in a separate discussion below.
 
 

The Plan includes proposed improvements to publicly-owned lands that would increase their potential for accommodating water-dependent uses. These recommendations have been summarized in the discussion of Public Facilities.
 
 

During the planning process, a review of existing zoning was undertaken. Current zoning includes provision for water-dependent uses through a Harborfront Regulation that applies to key portions of the central waterfront in which water-dependent uses might be reasonably located. In general, it was concluded that the regulations serve to protect the potential for water-dependent uses. However, the regulation should be revised to accommodate some uses that, although not water-dependent, serve to support water-dependent uses. In particular, facilities that support the recreational boating industry need to be better accommodated in existing zoning.
 
 

Environmental Impacts of Land Use
 
 

The Plan reinforces the existing town policies towards protection of the harbor as an environmentally sensitive location. The Harbor Plan recognizes the importance of the current program to correct water pollution problems due to outfalls and failed subsurface sewage systems. The Harbor Plan recommends proactive involvement of the town in programs to monitor water quality and to pursue corrective measures to ensure high water quality.
 
 

Stormwater Management
 
 

Provincetown does not have a comprehensive stormwater management plan at this time. This Harbor Plan recommends that such a plan be developed and that, at the very least, existing water quality and storm sewer data be supplemented with new data to characterize stormwater flow and to assess the potential impact of septic systems on stormwater. In addition, if a stormwater management program is developed, it should include and be based upon a suite of multiple environmental indicators and not just on water quality.
 
 

Harbor Beaches
 
 

The Plan calls for increased access and amenities for the public as well as useful marine-related improvements along several areas of the beach. The Plan recognizes that different beach areas have different uses. Specific recommendations for access and amenities are included in the sections of the report dealing with Town Landings and Commonwealth Tidelands, and in the section of the Plan that establishes standards for Chapter 91 compliance for qualifying properties and areas.

The Plan also identifies regions where beach erosion presents a problem and suggests preliminary steps to prepare for future beach nourishment in these and other areas. It further calls for an increased maintenance program to remove trash and detritus from the harbor's edge.
 
 

I-C-2. Water Use
 
 

Summary of Water Use Actions
 
 

• Initiate and maintain an active program of aquaculture improvements.
 
 

• Undertake a reorganized and improved new town mooring anchorage system.
 
 

• Mark as off-limits for moorage or anchorage any areas requiring protection for water quality and shellfish resource protection.
 
 

• Designate more precisely all anchorage areas to reduce conflicts with other uses in the harbor.
 
 

• Set aside five of the town-owned moorings for emergency and storm usage.
 
 

• Mark wrecks to ensure safety.
 
 

• Initiate a process for short-term and long-term maintenance dredging.
 
 

• Secure alternate sources of funds for pump-out facilities.

• Communicate to the National Park Service the recommendation that no action be taken by the National Park Service that would reduce or alter the activities recommended by this Water Use Plan.
 
 

• Maintain commercial fishing facilities and correct deficiencies in the configuration and condition of off-loading facilities through improvements to MacMillan Pier.
 
 

• Provide for improvements for other commercial boating as part of the MacMillan Pier reconstruction and as part of boat ramp improvements.
 
 

• Provide for an off-loading dock designed and dedicated for use by small-boat fishermen with appropriate support facilities, including parking.
 
 

• In the interim, expand the skiff dock and investigate the potential for increasing the number of vessels that can be tied up.

Commercial Fishing
 
 

The Plan reinforces the ongoing importance of commercial fishing in the economic and cultural life of Provincetown. In the short term, the fin fish industry is experiencing substantial stress due to resource supplies and an emerging regulatory structure. As a result, there are shifts in the requirements for both water-side and shore-side facilities. In the long term, requirements remain difficult to predict. As a result, the Plan recommends that commercial fishing facilities be maintained, and existing deficiencies in the configuration and condition of off-loading facilities be improved. In addition, the Plan recommends that MacMillan Wharf be improved to provide for flexibility in its use for large boat commercial fishing, including the potential for expansion.
 
 

The small boat commercial fishing industry is substantially under-served in regard to shore-side facilities. The Plan recommends that specific improvements be undertaken to provide substantially improved opportunities for tie-up, off-loading, repair and resupply. In addition, a boat ramp improvement project should be undertaken to allow access to more of the tidal cycle and improved accommodation of trailer parking.

Improvements are also recommended at the West End boat ramp to serve small boat fisherman, including the addition of tie-up floats. Moreover, steps will be taken to increase parking capacity, particularly for trailers, through physical improvements or management measures.

Aquaculture
 
 

The Master Plan calls for the general continuation of the existing pattern of shellfish aquaculture, with emphasis on support for programs to resolve pathology problems and to support shellfish propagation and productivity. Potential expansion of shellfish beds should be pursued to the extent that they do not conflict with the lobster fishery. The Harbor Plan also calls for measures to support fin fish aquaculture in appropriate locations.
 
 

Other Commercial Boating
 
 

The Harbor Plan supports measures that increase the capacity for passenger ferry and excursion boats docking in the harbor. In general, the Plan supports measures that encourage a greater number of arrivals and departures of smaller ferry boats rather than the accommodation of infrequent arrivals of larger ferry vessels. The Harbor Plan also supports measures to substantially improve the shoreside accommodation of cruise ships.

Recreational Boating
 
 

The Harbor Plan supports measures that provide increased amenity and safety for recreational boating. These measures should include the provision of appropriately located dinghy docks, showers, laundry facilities, lockers, and other facilities available for the transient boater.
 
 

Navigation
 
 

The Harbor Plan recommends a series of measures to improve navigability within the harbor. These recommendations include the continued monitoring of shoal areas and maintenance dredging in frequented areas of the Inner Harbor. The Plan also calls for the removal of any mooring floats within the harbor navigation fairways and channels, and the continued monitoring of these locations by the Harbormaster.

I-C-3. Public Facilities

 Summary of Public Facility Actions
 
 

• Undertake the engineering analysis and design for the reconstruction of MacMillan Pier to correct fundamental problems and to better accommodate existing and future uses as called for in the Water Use elements of the Plan.
 
 

• Undertake a detailed study to implement a new MacMillan Pier Management entity, in consultation with DEM, DEP and other appropriate state agenices.
 
 

• Create a new MacMillan Pier Management entity.
 
 

• Fund and construct MacMillan Pier improvements.
 
 

• Undertake a planned program of public access and water-dependent capital improvements as listed in the Plan.
 
 

• Establish a planning process and reach a conclusion on an improved small boat com- mercial facilities, including the best location, and pursue funding for this improvement.
 
 

• Establish a planning process and reach a conclusion on public fishing pier locations and pursue funding for this improvement.
 
 

• Establish a Right-of-Way Committee to confirm and protect existing public access rights.
 
 

• Establish a planning process and reach a conclusion on a new boat ramp location and pursue funding for this improvement.
 
 

MacMillan Wharf
 
 

The Harbor Plan maintains the intention of Provincetown to preserve the multiple-use function of MacMillan Pier. It reinforces the need to reconstruct the Pier to redress its deteriorated condition. The Plan calls for adequate accommodation of pedestrian traffic as well as flexible accommodation of all water-dependent uses that generate adequate income to offset operating costs, and contribute to capital funding of the improvements that may be needed.
 
 

Public Landings and other Publicly-owned Lands
 
 

The Harbor Plan calls for a list of projects and improvements that would serve to upgrade the public access areas to the waterfront. This list includes improvements in paving, improvements to accommodate vehicle and boat access and improvements to provide public amenities and the like. For all public access points, a new and attractive signage system should be put in place that indicates public access and amenities. This signage system could also be used for public access within properties subject to Chapter 91 public access requirements and agreements as discussed elsewhere.
 
 

Funding for improvements may come from a variety of sources . This Plan envisions the use of a dedicated fund-the Harbor Access Gift Fund-administered by the town. The fund would be financed through grant sources, Chapter 91 cash contributions that are channeled to the town, direct town contributions, and other sources.
 
 

Other Public Improvements
 
 

Other public improvements recommended in the Harbor Plan include access and physical improvements to several areas along the water's edge.

There are few opportunities for public access to the water's edge along significant portions of the Harborfront. This is generally true of the entire East End, beginning approximately at Pearl Street and extending to the Truro line, with several exceptions. The Plan also recognizes that most of the property and improvements south of the Commercial Street right-of-way in this area are located on historic upland, and that public access doctrines that could permit perpendicular access to the water do not apply in many cases. The Plan further recognizes that there are numerous informal access paths and limited private accessways that have been secured through agreements among property owners. The Plan recommends that increased public access be provided in areas where there are current barriers through purchase of easements, agreements, or other actions. Such improvements could be funded, in whole or in part, by the Harbor Fund discussed above.
 
 

I-C-4. Proposed Local Regulatory Framework for Chapter 91
 
 

Summary of Actions Concerning the Regulatory Framework for Chapter 91
 
 

• Establish Harbor Committee and delegate Planning Board responsibility for local license review.
 
 

• Establish memorandum of understanding for specific implementation of the Chapter 91 actions if required in addition to the provisions of this Plan.
 
 

• Establish and approve final methodology for determining appropriate on-site and off-site improvements and for calculating cash contributions.
 
 

Massachusetts' principal tool for protection and promotion of active water-dependent uses of its tideland and other waterways is M.G.L. Chapter 91 (Public Waterways Act, 1866). Chapter 91 and the waterways regulations (310 CMR 9.00) are administered by the Division of Wetlands and Waterways of the Massachusetts Department of Environmental Protection. The mechanism for regulation is a license that must be obtained by all property owners or jurisdictions that occupy qualifying locations. The Chapter 91 regulations apply to all of the existing tidal waters below low water mark in Provincetown, and affects certain land and property above this line.
 
 

The Provincetown Harbor Plan incorporates special guidelines for Chapter 91 that are particular to Provincetown and allow for appropriate accommodation of site conditions, while fulfilling the public rights to access and use of the waterfront. These guidelines would apply to new Chapter 91 licenses or certain licenses considered as part of an amnesty provision that is intended to provide for pragmatic licensing of qualifying existing properties to which these regulations apply.

These guidelines define a detailed access plan that establishes the extent of public access, amenities or water-dependent use accessories that may need to be provided on qualifying properties. Where appropriate improvements cannot be reasonably accommodated within these properties, the Plan makes provisions for a cash contribution to a locally-administered fund that would support off-site improvements to meet the same public access and use goals.
 
 

The Plan includes a prioritized list of public actions that have been established specifically to improve water access. This list should serve as the guide for public improvements to further Chapter 91 regulatory goals on a community-wide basis.

I-C-5. Long Term Plans

 Summary of Actions Concerning Long Term Plans
 
 

• Authorize the Harbor Committee to continue planning efforts for long-term improvements such as breakwaters and substantial dredging initiatives.
 
 

The Harbor Plan includes a series of long term goals for the Harbor, and outlines a process for studying, reviewing, and implementing these long term improvements. The long term goals of the Harbor Plan include increased protection of the inner harbor mooring areas, expansion of these areas through a dredging program, and the use of dredge material to provide increased beach area in appropriate locations along central waterfront areas that have experienced beach depletion or where private improvements have encroached substantially on available beach areas.
 
 

I-C-6. Implementation Framework
 
 

Provincetown Harbor Committee
 
 

The Plan recommends the establishment of a Provincetown Harbor Committee by the town that would provide for coordinated management of the harbor. This Committee would meet regularly and be composed of representatives of key departments, boards with jurisdiction over harbor and water-related activities, and representatives of industries with interests in the management of the waterfront. The Harbor Committee would be responsible for monitoring the implementation of the Harbor Plan and preparing updates. The Committee would provide recommendations concerning changes in the Harbor Regulations and Shellfish Regulations. The Committee would make recommendations on the disbursements of the Harbor Access Fund and on all capital improvements relating to the waterfront other than as provided for elsewhere. The Committee would also be responsible for certain local reviews of Chapter 91 license applications.
 
 

MacMillan Pier Management
 
 

The Provincetown Harbor Plan recommends the creation of a new management entity to be charged with the redevelopment and future operations of MacMillan Pier. The mission of this entity would be to ensure that the operation of the Pier is no longer a deficit-encurring activity for the town through comprehensive and dedicated management of all associated operating costs and revenues.
 
 

Other Existing Departments and Entities
 
 

The Plan envisions relatively minor changes in the roles and responsibilities of other existing departments and boards within the town. The Harbormaster would retain all current duties and responsibilities, other than the property and operations management of MacMillan Pier. The Planning Board would be relieved of certain obligations to review Chapter 91 licenses in favor of the new Harbor Committee. Several departments and entities, including the Town Manager's office would need to participate in ongoing planning and implementation tasks, including participation in the new Harbor Committee, and/or MacMillan Pier management entity.
 
 

Chapter 91 Implementation Process
 
 

As a Municipal Harbor Plan, the Provincetown Harbor Plan includes a number of specific implementation mechanisms including:
 
 

• A specific waterfront improvement plan to guide review and approval of Chapter 91 license applications as provided for in 310 CMR 9.00.

• A mechanism for the funding of off-site improvements through cash contributions for properties which cannot reasonably comply with the revised improvement plan.
 
 

• Institution of a locally administered water access fund into which the contributions will be made.
 
 

• Institution of a new entity, the Provincetown Harbor Committee, to oversee and monitor the implementation of the plan and its periodic review and amendment.
 
 

• Designation of the Harbor Committee as the entity responsible for reviewing local Chapter 91 license applications for consistency with the Provincetown Harbor Plan, and preparation of recommendations to the Commonwealth, either independently or in conjunction with the Planning Board, if necessary.

Harbor Plan for the Town of Provincetown
I. Summary of the Plan
November 11, 1998

II. Review of the Planning Process

II-A. Preparation, Review and Approval Process

 The Provincetown Harbor Plan has been prepared by a town-appointed Harbor Planning Committee at the direction of the Board of Selectman of the Town of Provincetown. The Harbor Plan represents the culmination of several years of effort on the part of many participants in the planning process, as summarized below.
 
 

The Harbor Plan is intended to fulfill two related needs. The first need is to resolve numerous local issues concerning both land and water use so that Provincetown Harbor can be better managed as a town resource in the future. The second need is to resolve special regulatory issues growing out of the Commonwealth's jurisdiction over qualifying tidelands (historic and current).

The Commonwealth of Massachusetts maintains public access rights to qualifying coastal areas for "fishing, fowling, and navigation" through M.G.L. Chapter 91 (Public Waterways Act, 1866). These rights are currently regulated through the provisions of the regulations within the Waterways Regulations (310 CMR 9.00, 1990). These regulations create numerous specific requirements for the use and disposition of improvements on certain land and flowed tidal areas within Provincetown. Several of the provisions of the current regulations do not reflect the specific local conditions in Provincetown, nor do they offer alternative methods for meeting the intent of the regulations. An alternative method for establishing locally-appropriated regulations is provided by the state in the form of a Municipal Harbor Plan, which is approved by both the town and the Commonwealth. The special requirements and process for preparation of a Municipal Harbor Plan are specified in a separate but related set of regulations, Review and Approval of Municipal Harbor Plans (301 CMR 23.00, December, 1994).
 
 

The town established a special Harbor Planning Committee in the early 1990's to develop a mooring and harbor plan. The mooring plan was completed in 1992 and continues to serve as a working document, as it is annually updated. The Harbor Planning Committee also undertook an extensive effort to survey town residents and harbor users on key issues. This resulted in the publication of a working paper entitled "Issues, Concerns and Opportunities" (September, 1994). The issues discussed in that paper informed the principle goals and objectives of this Harbor Plan. The issues were used to help create the list of key issues that were included in the Scope for this Harbor Plan.

It was decided the Harbor Plan should fulfill the special requirements of a Municipal Harbor Plan consistent with the Commonwealth of Massachusetts Requirements. Coordinating their efforts with the staff of the Office of Coastal Zone Management, the Harbor Planning Committee drafted the Provincetown Harbor Plan Scope in 1995, and submitted it to the Secretary of the Executive Office of Environmental Affairs for approval. The Secretary's approval was issued on December 13, 1995.
 
 

The town approved funds for the preparation of the Plan and in December, 1995 issued a Request for Proposals from consultants to assist the Harbor Planning Committee. A consultant team led by Cecil & Rizvi Inc. was selected. This team included the Urban Harbors Institute of the University of Massachusetts and Nucci/Vine Associates.

The preparation of the Harbor Plan was initiated in February 1996. The first steps in the process included interviews with relevant interest groups, agencies, and individuals. A public workshop was held on March 13, 1996, to discuss existing opportunities and constraints, and to help set the goals and objectives for the Harbor Plan. Subsequently, a Findings Report was issued discussing the existing conditions that had been investigated (May 8, 1996). A series of alternative approaches to the planning of the harbor were established through meetings with the Harbor Planning Committee and others. The alternatives were the subject of a public workshop (May 8, 1996) and the alternatives report was subsequently, issued taking advantage of the public input (June 6, 1996). The preferred plan was developed during the summer and early fall of 1996 and included three meetings of the Harbor Planning Committee.

The Draft Harbor Plan was completed in November, 1996. It will be the subject of public review and comment, including a public meeting on November 20, 1996. The Draft Harbor Plan will also be reviewed by the Harbor Planning Committee, the staff of the Office of Coastal Zone Management, and others. Based on the review and comments, a proposed Final Harbor Plan will be formally submitted for final review and approval to the Secretary of the Executive Office of Environmental Affairs. Public notice of a formal review period will occur at that time. Two public hearings have been planned on the Final Harbor Plan. In addition, the town meeting of April 1996 will constitute the required public hearing on the project, and approval by the town will be sought. Subsequently, any comments from the Secretary will be reviewed during a Consultation Session. It is anticipated that final approval of the Harbor Plan by the Secretary will occur late in the winter of 1997.

Two parallel planning efforts have also contributed significantly to the research and conclusions of this Master Plan. The first was a research effort conducted in 1995 by the Waterfront Access Field Project Team from Tufts University. This is a program of the Urban and Environmental Policy Department. The study was conducted at the invitation of the Town of Provincetown by a team of Tufts faculty and students. The purpose of the study was to inventory in detail the existing conditions of waterfront development as it pertains to the Chapter 91 regulations, and to investigate public access options and policy implications. Their extensive documentation and research was a valuable contribution.
 
 

A second parallel effort was a special study of MacMillan Pier to examine its role in the regional economy and outline a revitalization approach and business plan for its future. This study was funded by a grant from the Massachusetts Development Finance Agency, and was conducted by a selected consultant team led by Cecil & Rizvi Inc. with FXM Associates Inc. (economics) and Nucci/Vine Associates Inc. (marine engineering). The results of this study have been incorporated into this plan where they are relevant.

II-B. Participants

 The Provincetown Harbor Plan has been prepared through broad participation of many individuals and entities. The following is a partial list of the entities and individuals who have contributed to its preparation and the discussion of the issues and recommendations which have emerged.

 Board Selectmen

 Jane Antolini
Irene Rabinowitz
Custodio Silva, Jr.
Henry K. Evans
Elizabeth Steele-Jeffers

Harbor Committee

 Gwen Billig, Chair
Al Davis
Dana Faris
George Hitchcock
Gordon Peabody
Dianne Thomas

Town Manager

 Keith Bergman

 Former Assistant Town Manager

 David Goode

 Marine Superintendent

 David Ditacchio

 Shellfish Constable

 Robert Enos

 Shellfish Committee

 Mollie Benjamin, Chair

 Director of Public Works

 Joseph Borgesi, P.E.

 Parking Administrator

 Ernest Reppucci

 Commonwealth of Massachusetts, Executive Office of Environmental Affairs

Trudy Coxe, Secretary

Office of Coastal Zone Management

 Margaret Brady, Director
Dennis Ducsik, Tideland Policy Coordinator
Laurel Rafferty, Harbor Management Coordinator
Truman Henson, Jr., Cape & Isalnds Regional Coordinator

 Department of Environmental Protection

 Greg Carrafiello

 Participants in Interviews and Special Meetings

 Candy Collins-Bowden, Chamber of Commerce
A. Brown, Victory Fisheries, Shellfish Committee
Robert Burns MacMillan Wharf Boat Owners Association
P. Clay, Regional Anthropologist, NMFS
R. DeConti. Director of Conservation, Center for Coastal Studies.
Ray Duarte, Oceanic Seafood Company.
C. Joyce. Project Manager, Army COE.
Patricia Lemme
S. Murowski
Joy McNulty, Zoning Board of Appeals
Stephan Nofield, former Economic Coordinator
Thomas Osowski, Assistant Harbormaster
John Santos, Flyers Marina and Town Conservation Commission
Alix Ritchie, Representative. to Cape Cod Commission
L. Spenly, Port Agent for Provincetown

 Consultant Team

 Cecil & Rizvi, Inc:

 Steven Cecil, Project Director
Leslie Bain, Planner
Nancy Coleman, Land Planner

 Urban Harbors Institute:

 Jack Wiggin, Assistant Director
Chantal Lefebvre, Research Analyst

 Nucci/Vine Associates, Inc:

 David Vine P.E.
Jean Haggerty

 Tufts University Access Field Team

 Kristen Bishop
Andrew Hargens
John Hoey
Michael Rotondi

 Harbor Plan for the Town of Provincetown
II. Review of the Planning Process
November 11, 1998

III. Summary of Existing Conditions

III-A. Overview

 The initial product of the Provincetown Harbor planning process was the Findings Report. The forty-three page document served as a basis for the development of alternative approaches to the harbor's future, and provided the framework for developing the Harbor Plan. This Findings Report included not only the mapping of physical conditions, but also the documentation of the regulatory, economic and social context of the harbor. Included in the findings were discussions of physical land and water conditions, the regulatory environment, economic and management conditions, the social and historical setting, and the key issues that had been identified at the public meeting held as part of the planning process. This section of the Provincetown Harbor Plan summarizes and updates relevant portions of the Findings Report to provide a reference for the conclusions and recommendations of the Plan.
 
 

III-B. Physical Water and Land Conditions
 
 

III-B-1. General Description
 
 

The Town of Provincetown is located at the northernmost tip of Cape Cod in southeastern Massachusetts. It is bordered by the Town of Truro to the east, Cape Cod Bay to the south and to the west, and the Atlantic Ocean to the north. The tidal coastline of Provincetown consists of 21.3 miles, most of which lies within the Cape Cod National Seashore. As noted in Section I, the harbor planning area includes all of the land and uses immediately adjacent to the harbor within the town limits, between the Cape Cod National Seashore on the west and the Town of Truro on the east. The Harbor Plan also includes the waters and harbor bottom for an area that is enclosed by Long Point to the South, the Long Point Dike to the west, the Provincetown waterfront to the north, and a line generally connecting Long Point and the Provincetown/Truro boundary to the east.
 
 

The water's edge within the planning area represents a long crescent, with varying characteristics. Long Point is built from coastal dunes and is open space that is used recreationally and serves to protect Provincetown Harbor from southerly winds. The Long Point Dike is a continuous stone structure that divides the harbor to the east from marshy tidal flats to the west, and connects Long Point to the western edge of Provincetown, where private and municipal lands meet the Cape Cod National Seashore. Proceeding in an eastern direction, the waterfront is nearly completely developed to the Truro Town line. Commercial Street is a public way that runs parallel to the waterfront for the entire length of the harbor edge. From Stevens Point to the intersection of Commercial and Bradford Streets, a single row of properties generally stretches between the water's edge and Commercial Street. From this point to near its intersection with Berry Lane, Commercial Street approaches the water's edge. From this point to the Truro town line, Commercial Street turns inland. In this area, secondary streets and private ways often serve multiple properties that stretch between the waterfront and the harbor's edge.

In general, the edges of the water throughout the planning area are intertidal beaches of various widths. Major exceptions include the Long Point Dike and the bulk-headed edge of the Municipal Parking Lot at the Town Center. Numerous smaller bulkheads have been created to extend or protect specific parcels, some of which represent the water's edge at high tide. There is an extended length of stone rip-rap along the shore where Commercial street meets the beach.

Water depths generally follow a shallow gradient from the beaches to deeper water, with two significant exceptions. Consistent currents maintain a deep water channel inside of Long Point. A combination of natural water depths and maintained channels reach towards land at the center of Provincetown, and serve the three principle remaining piers that stretch into the harbor (the Coast Guard Pier, Fisherman's Wharf, and MacMillan Pier). A long stone breakwater protects the inner harbor area, running parallel to the water's edge in an east/west direction.
 
 

III-B-2. Water Use
 
 

There are a variety of harbor water uses including tourism, transportation, recreational uses, fishing, and commercial uses (see Figure 2. Existing Water Use (2 pages)). This study has reviewed pertinent information concerning the following list of the harbor's water uses.
 
 

Commercial and recreational fishing Sailing

 Mooring for all types of vessels Boat storage

 Pleasure boating Diving

 Bird watching Lobstering

 Boat repair Ferries

 Commercial charter Waterfront events

 Boat launching Coast Guard operations

 Kayaking Cruise anchorage areas

 Swimming Seafood off loading

 Marinas Sun bathing

 Coastal research Aquaculture

 Parasailing Jet skiing

 Water skiing Harbor shuttles

 Rowing Beach strolling

 Fueling
 
 

The following is a summary of the key uses that were considered in detail during the planning process.
 
 

Moorings
 
 

There are generally 3 categories of moorings within Provincetown Harbor: (1) individual moorings, (2) rental moorings, and (3) Federal off-shore moorings. The town issues approximately 470 individual moorings annually, a number that has grown steadily. The moorings are located behind the breakwater and throughout the harbor. Rental moorings are those for which any type of fee is charged, including marinas, yacht clubs, hotels, inns and guest houses as part of their facilities. The town issues approximately 160 rental moorings annually. There are 40 federal moorings located off-shore of the harbor which are available for mooring of larger vessels having Federal permission.
 
 

Mooring rules and regulations comprise Chapter 2 of the Town of Provincetown Harbor Regulations, adopted in 1991 and subsequently amended. The regulations include provisions for permits and fees, mooring equipment, water quality, enforcement and allocation.
 
 

Water-based Transportation
 
 

Traditionally, Provincetown was served by both passenger and cargo vessels. While the extension of highways along the entire length of Cape Cod dramatically reduced the dependence of Provincetown on water-based transportation, it is still substantial, and may grow in the future.
 
 

There are currently four passenger ferries/excursion boats that serve Provincetown. The Baystate Cruise Company operates an 1,100 passenger vessel between Boston and Provincetown from late spring to the early fall. This boat docks along MacMillan Pier. Fisherman's Wharf hosts two boats that connect Provincetown to Gloucester and Plymouth, with capacities of approximately 250 and 500 passengers respectively. Sea Ventures operates a ferry between Marina Bay in Quincy and Provincetown. There are currently no freight boats serving Provincetown, nor is there a facility that can accommodate freight. There may, however, be a small potential market for this service during the peak tourism season, although its feasibility has not been demonstrated.

Boatyards
 
 

There are two boat repair services in the harbor, Flyer's Boatyard and Taves' Boatyard. Flyer's Marina uses two marine railways for launching boats and a fork lift off the dock for smaller boats. There are no travelift structures for boat outhaul located within the harbor. Boat repairs have been on a decline due to the general depletion of the town fishing fleet. There is also a simple piling and beam framework on intertidal bottom just east of MacMillan Pier that is used for occasional tie-ups and repairs at low tide of vessels on an informal basis as a public facility.
 
 

Marinas and Private Moorings
 
 

The single major marina facility is Provincetown Marina and Moorings, located off of Fisherman's Wharf. Provincetown Marina provides full marina services, with approximately 30 slips and 110 rental moorings. Located on the west end, Flyers Marina has no slips, but has 50 rental moorings, and provides many marina services. The two mooring facilities each have launch services.

Marine Pump-out Facilities
 
 

The town has a 300 gallon pumpout boat servicing the harbor. The boat is provided on an as-called basis through the Harbormaster's office.
 
 

Courtesy Float and Dinghy Dock
 
 

A small courtesy float is provided by the town along the southerly edge of the Municipal Parking lot. This float serves temporary docking needs of small boat commercial fishing. The courtesy float also serves the short-term needs of recreational boaters. Finally, the courtesy dock serves the occasional landings of cruise ship passengers. The town has a skiff-dinghy dock located on the east side of MacMillan Wharf, which is available to vessels less than 16 feet on a transient basis. Seasonal skiff dock permits are available through the Harbormaster.

Wetland Resources
 
 

The Wetlands Conservancy Program is currently updating wetland resources for inland and coastal wetlands of Provincetown. Colored "interim" plan designations were provided for use during the planning process with the understanding that the data is preliminary and should not be used to indicate legal wetland delineations. The Environmental Conditions Map illustrates the general location and relationship of wetland resources to other harbor features.

III-B-3. Land Use

 The following table and the Existing Land Use map present a breakdown of the land uses in the Provincetown Harbor planning area. The land use data in this Table is from the database maintained by the Cape Cod Commission, which was compiled from the Provincetown Assessor's records.
 
 

Table 1. Summary of Land Use in the Harbor Planning Area
 
 

Water-dependent Land Uses Along Provincetown Harbor
 
 

There are two areas along Provincetown Harbor which feature water-dependent uses (see Figure 3. Existing Land Use). The first area is located in the "West End" of Provincetown and includes two water-dependent industrial uses: a boatyard and boat storage and the U.S. Coast Guard facilities. The second major area is located near the center of the town and is comprised of a mix of commercial (58%), residential (19%) and mixed use (23%) and includes the water-based activities centered around MacMillan Pier. The major water-dependent activity on shorelands in this area is a working area on the beach where boat repair and boat storage take place.
 
 

As in most other areas, the market demand for water-dependent uses is relatively weaker than demand for nonwater-dependent uses, such as residential and retail. As a result, over time higher valued nonwater-dependent uses have tended to displace water-dependent uses. In Provincetown as elsewhere, the space occupied by water-dependent uses has been in decline over the years. A review of historical maps and documents and interviews with Provincetown residents reveals a consistent and substantial long-term decline in the number and variety of businesses and in the amount of waterfront area dedicated to commercial fishing and vessel-related uses (see all town Master Plans and all studies of the commercial fishing industry as noted in the Summary of Sources and Additional Available Information). No data was discovered that would suggest sources of demand for water-dependent economic uses which would justify land values exceeding those established by nonwater-dependent uses for the land which predominates today without substantial public subsidy. Of particular use in this consideration was the General Economic Base and Micro-Enterprise Feasibility Study. (McDermott/O'Neill & Associates and The Howell Group. December, 1995.) This study confirmed the predominant role of tourism as the basis for the local economy.
 
 

It is important also to take into account the fact that the harborfront of Provincetown is nearly entirely built-out with nonwater-dependent uses that are on small lots. A complete review of assessor's maps and site confirmation of parcel land use was undertaken which confirmed this observation. Under these conditions, land assembly would be extremely difficult for any water-dependent use requiring relatively large and contiguous sites, even if land values were not a dominant factor.
 
 

A Provincetown Transportation Center Study was recently completed by Cecil & Rizvi and EarthTech for the Town of Provincetown. The plan was approved at the 1996 Town Meeting. Existing conditions relating to transportation were documented, and a series of recommendations made for improving town-wide circulation, parking and signage. The plan called for improved conditions for each of the transportation modes through better circulation patterns and improved physical accommodations. The plan also includes proposed enhancements to the townscape. Key elements of the plan relevant to the Harbor Plan include:
 
 

• Provincetown Multi-modal Transportation Center - Mass transit buses, shuttle buses and tour buses will be accommodated in a new multi-modal transportation center along a realigned Ryder Street extension, and include provisions for waiting shelters, bicycle racks and storage, and relocated public restrooms.
 
 

• Improvements for Marine Uses - The plan recommends substantial improvements for pedestrian access to the piers and floats, retention of key access for commercial boats, as well as the construction of a Harbormaster's office.
 
 

• Open Space Improvements - Key open space improvements include new and expanded park space along the waters edge of the Municipal Parking Lot, new landscape and streetscape improvements at Lopes Square, and additional plantings and streetscape improvements in the Municipal Parking Lot and at several intersections.

• Pedestrian Improvements - Improved and widened sidewalks and improved crosswalks would be added in numerous locations, including the intersection of Bradford and Standish Streets, along Standish Street as it approaches the waterfront, and along Ryder Street between Commercial Street and the Municipal Parking Lot, and as part of the Municipal Parking Lot.
 
 

III-B-4. Marine Structures and Coastal Features
 
 

Provincetown Harbor is a natural deep harbor with a mean tidal range of 9.1 feet, and prevailing winds from the south/southwest. The central harbor is defined by the waterside Commercial Street shoreline to the north, the Corps of Engineers Dike to the west and the Long Point Peninsula to the southwest.
 
 

The harbor is entered from the west. A stone armored breakwater affords protection from the southeast to MacMillan and Fisherman's Wharves and moorings. Draft behind the breakwater is generally less then 15 feet. In the open harbor waters seaward of the breakwater, a sizable anchorage area has drafts from 20 to 60 feet.

A 300-foot wide Federal Channel extends seaward of the breakwater where it divides into one section to the Coast Guard station and the other to MacMillan Pier.
 
 

The historic shoreline apparently was just seaward of Commercial Street until manmade filling extended it to its present location. This shoreline has remained relatively constant over time, but some shoaling has occurred along both ends of the Federal Breakwater and around piers. The Corps of Engineers has done some recent dredging on the east end of the channel.
 
 

The longshore drift is generally to the west. Perpendicular beach obstructions generally cause cut-off of drift resulting in mounding in some areas. Structures, such as storm drain outfalls, tend to get sanded in. There is no formal beach maintenance program.

MacMillan Pier

MacMillan Pier is a 1,450 linear foot, concrete deck, timber pile supported pier, owned and operated by the town. This pier serves as the hub of the waterfront. The 950 linear foot causeway is primarily utilized on the west side. Fishing vessels utilize the outer end on the east side, and transient boats generally use the south and west ends. Uses of the pier include the following:
 
 

• Berthing is provided for 19 fishing vessels off of 2 finger piers on the east side. The piers were originally designed to accommodate 36 boats.
 
 

• Members of the MacMillan Pier Float Owners Association lease 11 float spaces from the town. Floats are owned by individual Association members. Ten are located on the east side and one is on the west side. They provide a variety of summer recreation and sport uses including a significant whale watch fleet.
 
 

• There are two private fish off loading facilities where fish is iced and immediately shipped out: Oceanic Seafood Corporation and Cape Cod Bay Fisheries, Inc. These operations occupy one building and their truck trailers park on the Pier.
 
 

• Additional off-loading privileges have been extended to an organization of commercial fishing boat operations, the Bayview Fisheries Cooperation Trust.

• The Harbormaster Office occupies a building on the Pier.
 
 

• Dockage for ferry and excursion boats.

 • The dinghy dock is located on the east side of the Pier.
 
 

The Pier also serves as the only means of access to an "out" parcel, which is occupied by a small two-story building on piles and associated floats. The building is occupied by the Whydah Museum, which is a tourist destination and displays artifacts from this historic vessel. The floats which surround the parcel serve as a small private marina.

The pier was constructed in 1955 and funded jointly by the town and Commonwealth. It has electric and water service, and two holding tanks. Neither public restrooms nor fueling or boat outhaul facilities are available on the Pier.

The pier is currently in need of structural repairs. There is a State Court order currently in effect restricting vehicular traffic on the pier and requiring a phased program of improvements. As a task in their services for the recent Draft MacMillan Pier Redevelopment and Business Plan (Cecil & Rizvi Inc., 1996) funded by the State, Nucci Vine Associates Inc. undertook a brief analysis of pile capacities that suggest that the entire pier construction may not be sufficient to support modern truck loads (HS20 loading standards). This limits access to the pier by a variety of truck sizes important to retaining commercial fishing, off-loading, and fish packing operations. In addition, it may be unsafe for fire trucks to be able to safely reach the entire pier and any boats moored along its edge. Subsection 2000-8881 of the Seaport Bond Bill provides $7,500,000 of currently unfunded authorizations for plans, repairs and improvements to MacMillan Pier .

Fisherman's Wharf
 
 

Fisherman's Wharf is a 1,400 linear foot concrete deck pier on timber pile It is privately owned, and provides marina and mooring services. The pier includes several buildings which support the marina, day trip facilities, and the launch service. The owner has applied for additional permits for increased recreational usage.
 
 

Coast Guard Pier
 
 

This 1,150 foot long pier is constructed of timber piles with a concrete deck, with a wave break at far end. The pier provides berthing for Coast Guard vessels. The Coast Guard also has 5 moorings.
 
 

Federal Breakwater
 
 

Completed in 1972, this 2,500 linear foot armored stone breakwater has a crest elevation of 15.5 (MLW). Because of the orientation of the breakwater, only limited protection is provided for predominant winds from the southwest.
 
 

Federal Rubblestone Dike

The Federal rubblestone dike runs 6,150 linear feet from Stevens Point across to Wood End. It was constructed by the Corps in 1972, and provides a recreational and fishing area for the public.
 
 

Town Landings
 
 

There are eleven designated public Town Landings: Kendall Lane extension, Washington Avenue extension, Pearl Street extension, Freeman Street extension, Gosnold Street extension, Court Street extension, Atlantic Street extension, Good Templar Place, Franklin Street extension, West Vine Street extension, and West End Boat Ramp. In addition, there are four non-designated landings owned by the town: Kendall Lane, Johnson Street, the extension of Washington Street, and the West End parking lot. The public use of the landings is limited to pedestrian and small boat access to beach (see Figure 6. Location of Public Access Points (2 pages)).
 
 

Boat Ramp
 
 

The town-owned West End Boat Ramp is restricted by tide and lack of support floats, as well as limited parking. Although it has been considered in the past, the town has not pursued State Public Access Board expansion or repair of the facility to date.
 
 

III-B-5. Environmental Conditions
 
 

Water Quality
 
 

The coastal marine waters of Provincetown are classified 'SA', according to CMR 314. SA-classified waters are suitable for any high quality water use, including bathing, swimming, and shellfishing. The Massachusetts water quality standards for SA-classified waters are as follows:
 
 

Table 2. Water Quality Criteria and Provincetown Waters
 
 

Item	Water Quality Criteria
Dissolved Oxygen	Not less than 6.0 mg/l at unless background conditions are lower.
Temperature	Not to exceed 85 F (29.4 C) with daily mean of 80 F (26.7 C). Rise in temperature due to discharge not to exceed 1.5 F (0.8 C)
pH	6.5 to 8.5 standard units.
Fecal Coliform                     Fecal Coliform (contd.)	In waters approved for shellfishing: not to exceed MPN* 14 col./100 ml; 10% of samples not to exceed a MPN of 43 col./100ml. In waters not designated for shellfishing: not to exceed 200 organisms in any representative set of samples; 10% of samples not to exceed 400 col./100ml.
Solids	Waters must be kept free from floating, suspended, settleable solids in concentrations or combinations that would impair any assigned use to this class, that would cause aesthetically objectionable conditions or that would impair the benthic biota or degrade the chemical composition of the bottom.
Color and Turbidity	Waters must be free from color and turbidity in concentrations or combinations that are aesthetically objectionable or would impair any use assigned to this class of waters.
Item	Water Quality Criteria
Total phosphate	Not to exceed an average of 0.07 mg/l as P during any monthly sampling period.
Ammonia	Not to exceed an average of 0.2 mg/l as nitrogen during any monthly sampling period.
Taste and Odor	Non allowable

The Center for Coastal Studies has been steadily monitoring the water quality in Provincetown's coastal waters, sampling for dissolved oxygen and fecal coliform concentrations. There is limited data documenting the state's other water quality criteria in Provincetown.
 
 

In 1996, average concentrations of dissolved oxygen demonstrated little variability over the course of the sampling season and were maintained above the state and federal minimum standard of 6.0 mg/l - indicative of a healthy ecosystem. Rapid tidal flushing in the harbor is the predominant physical factor maintaining these oxygen concentrations. The lowest average dissolved oxygen levels in 1996 were recorded at the Provincetown Inn (6.9 mg/l) and the Boatslip (6.6 mg/l). The reasons for the lower concentrations at these sampling stations are unknown.
 
 

Although the harbor-wide geometric mean for bacteria concentrations was generally low in 1996, peaks in fecal coliform concentrations, exceeding the state standard of 14 organisms/100ml, were measured at various sampling stations throughout the year. Concentrations in excess of the regulatory standard indicate that the waters should be closed to recreational use and to shellfishing.
 
 

The major concerns regarding the quality of harbor waters are septic disposal and debris (see Figure 5. Environmental Conditions (2 pages)). In 1994 a study by a citizens group, Woods Hole Oceanographic Institutes Sea Grant New Initiative Program, and Massachusetts Coastal Zone Management, identified the 6 major contributors as:
 
 

• Land Generated Marine Debris, from mishandled garbage;
 
 

• Discharge Pipes, mostly from street drains;
 
 

• Sewage Discharge, from waterfront septic systems and boats of all sizes;
 
 

• Boat Generated Marine Debris, from mishandled garbage;
 
 

• Marine Nets and Lines, lost at sea, and deliberately tossed overboard; and
 
 

• Public Awareness/Information, (or the lack of) relating to debris impacts, disposal facilities, and the appropriate means of handling garbage in a coastal setting.
 
 

In response to the water quality problem caused, in part, by the existing subsurface wastewater disposal systems, the town is in the early stages of preparing a wastewater plan. The scope for a study which will include an assessment of existing conditions, a projection of future wastewater needs, and the development of alternatives to remedy the situation, is currently being prepared for the town by its consultants.
 
 

Water in Provincetown is derived from municipal wells. town storm drainage facilities include a series of variable aged piping and catch basin systems. There are currently outfalls that discharge into Provincetown Harbor, contributing to the water quality problems in the harbor.
 
 

Sewage/Title V
 
 

Provincetown has no municipal sewage collection system. Residences and other users must have on-site subsurface disposal systems. Subsurface sewage disposal is regulated by the State Environmental Code, Title V (310 CMR 15.00), which outlines the minimum requirements for the subsurface disposal of sanitary sewage.

Much of the Commercial Street waterside buildings east of MacMillan Pier are located in portions of FEMA V Zones. Title V has specific requirements for acceptable standards to be met for subsurface system to be sited in V Zones. Many of the existing subsurface systems in these areas would not be acceptable under current Title V standards. Title V enforcement occurs when systems are repaired or existing structures are altered. Water pollution from failing subsurface sewage systems has been a long-time concern in Provincetown, and the town is about to initiate a phased investigation recommending an overall wastewater strategy for the town.

III-C. Regulatory Environment

III-C-1. Jurisdictional Context: Introduction

 The waterfront is subject to regulatory authority of the local, state, and federal governments. Through its Zoning By-Law the city regulates uses, density and dimensions of development along the shoreline. It also regulates wetlands through its General Wetlands Ordinance.

The State exercises regulatory authority over the alteration or use of both filled and flowed tidelands under Massachusetts General Laws Chapter 91, the Public Waterways Act. The purpose of this law and the waterways regulations (310 CMR 9.00) adopted to implement the law is to protect the public's interests in the waterways. All existing and new work such as piers, wharves, floats, retaining walls, revetments, pilings, and some waterfront buildings require Chapter 91 authorization.
 
 

The federal government, through the U.S. Army Corps of Engineers regulates shorefront activities including dredging and filling in or near coastal waters and structures below the mean high water mark (Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act).

III-C-2. Zoning

 There are four zoning districts in the Harbor planning study area, the land-side of which is defined as the area south of Commercial Street extending from the rotary at the west end to the convergence of Commercial and Bradford streets at the east end (see Figure 6. Existing Zoning (2 pages)). The four districts are Class B Residential, Class G Residential, Class W Residential, and Class R Commercial.

 The following table summarizes the major uses allowed in each of these districts. As is evident from the table, Provincetown's zoning generally follows a conventional cumulative scheme. This scheme specifies that allowed uses in more restrictive zones are carried over through the less restrictive zones. Common concerns with this type of zoning, particularly for the least restrictive district, are potential use conflicts and diminished predictability of future land use. In the case of Provincetown's commercial district, however, the result appears to be a healthy and vibrant mix of uses. For the study area, the Provincetown zoning map reveals a traditional, concentric pattern of progressively more restrictive districts surrounding the downtown core commercial district.
 
 

Table 3. Major Uses Allowed by Right (Y) or by Special Permit (BA) from the Board of Appeals in the Four Zoning Districts of the Harbor Planning Study Area

Table 4. Dimensional Requirements for the Four Zoning Districts of the Harbor Planning Study Area

							Max Bldg Height
District	Min Lot Area	Min Lot Frontage	Min Front Yard	Min Side Yard	Min Rear Yard	Max Lot Coverage	Height in feet1	Stories
Res B	8,000 s.f.	50’	30’	15’	20’	40 %	23’/28’/33’	2.5
Res G	5,000 s.f.	50’	20’	6’	15’	40 %	23’/28’/33’	2.5
Res W	5,000 s.f.	50’	20’	6’	10’	40 %	23’/28’/33’	2.5
Com R	5,000 s.f.	50’	10’	5’	10’	40 %	23’/28’/33’	2.5

1. Building height with: flat, half gable and gambrel roofs/with mansard roof/with hip and gable roofs
 
 

Commercial Business and Industrial Development.

According to Section 3000 of the Provincetown Zoning By-Laws, in the Commercial R district, the following requirements apply to new commercial business and/or industrial developments; conversion of existing premises to commercial or industrial use; construction or alteration of premises containing these uses is greater than 50% of the floor area; developments of more than 2,000 square feet of total retail space (interior and exterior) or containing three or more retail, wholesale or service units. Key requirements pertaining to the Harbor Plan include lot coverage (no more than 40% of the total lot area), and green area (a minimum of 30% of every lot regardless of size).
 
 

Harbor Setback
 
 

Section 1314 of the Provincetown Zoning By-Laws prohibits any structure other than a pier, wharf or other facility requiring waterfront contact to be constructed within 35 horizontal feet of mean high water of any salt water body.
 
 

Harborfront Regulation

Section 3600 of the Zoning By-Laws establishes a "Harborfront Area" overlay zone. The Harborfront area is defined as that area which is either more than 195 feet seaward of the northern edge of Commercial Street in the Commercial R district or seaward of the mean high water line, or both. The regulation is designed to give special consideration to water-dependent uses. Uses allowed by right (sec. 3620) in the harborfront area are primarily water-dependent, e.g., marine services, boat sales; boat building, repair, and storage; commercial beach. There are also two categories of special permit uses. Section 3621, passed during the October 1996 Special Town Meeting, allows several types of nonwater-dependent retail and restaurant uses and parking lots by special permit. Section 3630 also allows by special permit, a number of other water-dependent commercial and industrial uses and selected cultural and recreational uses. In approving special permits under both subsections, the Zoning Board of Appeals must include a determination that the use:
 
 

1. interrelates productively with other waterfront activities,

 2. makes efficient use of harbor frontage,

 3. improves opportunities for visual and pedestrian access; and, in addition, for those uses under subsection 3630:

 4. determines that the operating costs of the proposed use would be substantially greater for any but a waterfront location,

 5. effect on town's infrastructure to service others, and

 6. improves or maintains harbor water quality.
 
 

According to the building inspector's office, there have been very few projects reviewed under the provisions of Section 3600 because there has been very little development activity in recent years in the area subject to this section of the regulations.

III-C-3. Chapter 91

 Massachusetts' principal tool for protection and promotion of active water-dependent uses of its tideland and other waterways is M.G.L. Chapter 91 (Public Waterways Act, 1866). Chapter 91 and the waterways regulations (310 CMR 9.00) are administered by the Division of Wetlands and Waterways of the Massachusetts Department of Environmental Protection.
 
 

The Chapter 91 statute was amended in 1983 with new substantive and procedural requirements in order to ensure that tidelands-both presently flowed and formerly flowed tidelands-are utilized only for water-dependent uses or otherwise serve a proper public purpose. Major revisions of the waterways regulations followed in 1990. Key provisions of those amendments promote water-dependent use of the shoreline; preserve and promote public access; and encourage local involvement in Chapter 91 licensing decisions through municipal harbor plans. A companion set of regulations governing the development and approval of municipal harbor plans was also adopted that same year (see below).
 
 

With the intent of bringing coastal properties into compliance with Chapter 91, the 1990 revisions of the waterways regulations included an amnesty provision applicable to unlicensed structures or fill in existence and in use since January 1, 1984 (and without any substantial alteration or change in use since that date). Amnesty license applications are subject to the Chapter 91 Waterways Regulations that were in effect prior to October 4, 1990 (the effective date of the 1990 revisions) which are generally less stringent, impose lesser fees, and provide longer terms than those now in effect. The amnesty period expired October 4, 1996.
 
 

Activities Subject to Chapter 91
 
 

Chapter 91 authorization is required for placement of fill, building of structures, and dredging in areas identified above. Types of structures include: piers, wharves, floats, retaining walls, revetments, pilings, bridges, dams, and waterfront buildings (if on filled lands or over the water). A new license also may be required if there has been a structural change or change in use of a previously licensed structure. The placement of temporary rafts, floats or moorings in the waterway do not require a Chapter 91 license, but must receive an annual permit form the harbormaster (see Provincetown Harbor Regulations).
 
 

In general, uses licensed under the waterways program must either be water-dependent or "serve a proper public purpose which provides greater benefit than detriment to the rights of the public in said lands."
 
 

Water-dependent Uses
 
 

Water-dependent use is defined in §9.12(2) of the Chapter 91 regulations. In general, a water-dependent use is one that requires direct access to or location in tidal or inland waters, and therefore cannot be located away from said waters. A full definition of water-dependent uses can be found in the regulation. The following is a list of water-dependent uses that are likely to apply to Provincetown:

• Marinas, boat basins, channels, storage areas, and other commercial or recreational boating facilities;

 • Facilities for fishing, swimming, diving, and other water-based recreational activities;

 • Parks, esplanades, boardwalks, and other pedestrian facilities that promote use and enjoyment of the water by the general public and are located at or near the water's edge, including but not limited to any park adjacent to a waterway and created by a public agency;

 • Aquariums and other education, research, or training facilities dedicated primarily to marine purposes;

 • Aquaculture facilities;

 • Beach nourishment;

 • Waterborne passenger transportation facilities such as those serving ferries, cruise ships, commuter and excursion boats, and water shuttles and taxis;

 • Dredging for navigation channels, boat basins, and other water-dependent purposes and subaqueous disposal of the dredged materials below the low water mark;

 • Navigation aids, marine police and fire stations, and other facilities which promote public safety and law enforcement on the waterways;

 • Shore protection structures, such as seawalls, bulkheads, revetments, dikes, breakwaters, and any associated full which are necessary either to protect an existing structure from natural erosion or accretion, or to protect, construct, or expand a water-dependent use;

 • Flood, water level, or tidal control facilities;

 • Discharge pipes, outfalls, tunnels, and diffuser systems for conveyance of stormwater, wastewater, or other effluents to a receiving waterway;

 • Marine terminals and related facilities for the transfer between ship and shore, and the storage of bulk materials or other goods transported in waterborne commerce;

 • Facilities associated with commercial passenger vessel operations;

 • Commercial fishing and fish processing facilities;

 • Boatyards, dry docks, and other facilities related to the construction, serving maintenance, repair, or storage of vessels or other marine structures; and

 • Other industrial uses or infrastructure facilities which cannot reasonably be located at an inland site.

III-C-4. Municipal Harbor Plans

 In September 1990 the Secretary of Environmental Affairs adopted regulations for "Review and Approval of Municipal Harbor Plans" (301 CMR 23.00). The regulations established a voluntary procedure by which municipalities could obtain state approval of a municipal harbor plan.

A municipal harbor plan is defined as a document setting forth the community's objectives, standards, and policies for guiding public and private use of the land and water areas of a harbor and an implementation program to achieve the desired plan.
 
 

A plan prepared and approved in accordance with these regulations serves to guide EOEA agency actions, including the regulatory decisions of the Department of Environmental Protection under M.G.L. Chapter 91. When an approved harbor plan exists, any project seeking a Chapter 91 permit from DEP must be in conformance with that plan . In essence, a municipality with an approved harbor plan utilizes the state regulatory authority to help implement its own objectives.
 
 

Through a locally-prepared harbor plan, a municipality has the ability to "substitute" local standards for certain state Chapter 91 requirements such as building height limits and to "amplify" certain discretionary state standards.
 
 

The standards that can be substituted by an approved harbor plan apply only to nonwater-dependent uses. Section 9.51(3) establishes minimum standards and limitations on building height, site coverage, waterfront setback, and encroachment into flowed tidelands. Section 9.53(2)(b)-(c) pertains to the provision of interior and exterior public space in a project. Section 9.52(1)(b)(1) is a requirement for a waterfront walkway with a minimum width of 10 feet to be included with any non water-dependent use. In those instances where non water-dependent uses are allowed, this public access requirement exists, as does the ability to modify it through a municipal harbor plan.

The provisions of a municipal harbor plan can also be effective in providing guidance for DEP in applying the numerous discretionary requirements of the Chapter 91 regulations to projects under review.

III-C-5. Federal Emergency Management Act Regulations

 The Federal Emergency Management Agency (FEMA) performed a Flood Insurance Study of the Town of Provincetown in 1983. The study utilized hydrologic and hydraulic analyses to establish Flood Insurance Zones and flood plain management measures for the area. The investigation considered historic flood elevations and estimates of shoreline levels considering stillwater and wave runup for various frequency storms. The major past storms of the area occurred in February 1978, December 1959, August 1954, and September 1938. The February 1978 nor'easter produced water levels higher than any others ever recorded.

The FEMA Flood Zones Map provides a plan of the various Flood Insurance Zones along the harbor as established by this study. The following provides a further description of the zone designation:
 
 

• Zone A: Special Flood Hazard Areas inundated by various types of 100-year shallow flooding, determined by approximate methods; no flood elevations shown or flood hazard factors determined.
 
 

• Zones A2 & A4: Special Flood Hazard Areas inundated by the 100-year flood, base flood elevations shown, and zones subdivided accordingly.
 
 

• Zones V2 and V4: Special Flood Hazard Areas along coasts inundated by the 100-year flood that have additional hazards due to velocity (wave action of 3 foot amplitude or greater); base flood elevations shown are subdivided according to flood hazard factors.
 
 

• Zone B: Areas between the Special Flood Hazard Area and the limits of the 500-year floodplain that are protected from the 100-year flood by dike, levee, or other water control structure; also, areas subject to certain types of 100-year shallow flooding where depths are less than 1 foot; and areas subject to 100-year flooding from sources with drainage areas less than 1 square mile. Zone B is not subdivided.
 
 

• Zone C: Areas of minimal flooding.
 
 

An evaluation of FEMA zones indicates that only portions of several buildings are in the V Zone to the west of MacMillan Pier . Also, no portion of the V Zone crosses Commercial Street within this area. To the east of MacMillan Pier , essentially all buildings seaward of Commercial Street have some portion within the V Zone. Further, approximately 41,000 linear feet of Commercial Street is located within a V Zone in this area. These conditions have been mapped in the associated figure (see Figure 7. Existing Development within FEMA Velocity Zones); please note that this map is for planning purposes only, and FEMA maps should be directly consulted regarding any individual property.

III-C-6. Harbor Regulations

 Chapter I: MacMillan Pier Regulations
 
 

All the vessels, persons, and vehicles using the pier are governed by these rules and all other laws, by-laws, or court orders from such agencies as the US Coast Guard, the EPA, DEP, the Commonwealth of Massachusetts or the Town of Provincetown.

The Harbormaster has authority and responsibility for daily operation and management of the pier and the adjacent waters, and must be consulted on matters pertaining to the use and operation of the pier. The pier shall be open 24 hours a day for use by licensees, transient vessels and the general public.
 
 

MacMillan Pier is primarily for the use and benefit of commercial fishing vessels, commercial passenger vessels, and for the passive enjoyment of the general public. All commercial users of the pier are required to have a license from the town. All other uses (except those enumerated in this section) are prohibited unless expressly authorized by the Board of Selectmen or delegates.

The use of the easterly finger piers is restricted to active, full-time, year-round commercial fishing vessels. Use of the pier by vessels on a transient basis to load and unload gear, supplies, etc. shall be accommodated on a first-come first-serve basis, based on the time-limits set by the Harbormaster.
 
 

Passenger vessels may use the pier for loading and unloading of passengers only under agreement with the town and in the specified locations in that agreement. The Licensing Board is responsible for issuing licenses to said vessels.
 
 

The pier is open to the public 24 hours a day and pedestrian access is restricted to within the curbed sidewalk along the west side of the pier. Recreational fishing is prohibited except in those areas designated by the Harbormaster. Vehicles on the pier are limited to those actively serving the vessels and businesses on the pier and casual traffic by the general public. No vehicles are allowed to enter, leave, or move within the Outer Tee area while pedestrians are exiting the Boston passenger vessel. The regulations also establish limits on the weight allowed on the pier and on the Outer Tee.
 
 

A license or permit from the town is required for permanent berthing of vessels and placement of floats. An annual or semi-annual dockage permit issued by the town is required from commercial fishing vessels that regularly use the pier. These permits are issued based on the approval of the Board of Selectmen or delegates and upon payment of the required fee. Vessels not having a permit may use the pier, but are required to pay a transient vessel fee.
 
 

Any seafood off-loading or handling on the pier requires a license issued from the Licensing Board. The Board may designate Transient Seafood Off-loading Space, and issue licenses for the space. Off-loading without a permit is allowed adjacent to a leased docking a