Amendment #48 to H4100
Yarmouth Waterfront
Representatives Turner of Dennis and Atsalis of Barnstable move to amend the bill by adding the following section:
"SECTION XXXX. Notwithstanding any general or special law, rule or regulation or performance standard to the contrary, and in order to increase access to the Yarmouth waterfront; to promote the increase, preservation and restoration of salt water marshes, wetlands and wetland vegetation; to provide quicker public safety response, to provide the area’s first permanent boat waste pump-out facility, to reduce fuel spills by providing the area’s first fully contained fuel station; to educate the public in habitat restoration and creation, and provide other improvements beneficial to the public interest; the Commissioner of the Department of Environmental Protection shall issue a wetlands variance under the Wetlands Protection Act and a Water Quality Certification under the Massachusetts Clean Waters Act (401 Water Quality Certification Program) for the Yarmouth Marina Project located on the Parker’s River at the site of the former drive-in theater on Route 28 in the town of Yarmouth.
Said variance and water quality certification, shall authorize the removal of small areas of wetland vegetation provided that an area or areas of distressed wetland vegetation not less than twice the area of the wetland vegetation removed shall be the subject of aggressive attempts by the town of Yarmouth at restoration and provided further, that the applicant shall seek and obtain all permits, certifications or approvals otherwise required by law, subject to the modifications authorized by this section; and provided further; that the applicant shall be required to comply with existing laws, rules and regulations, performance standards and requirements to the maximum extent practicable.
When issuing permits certifications or approvals for the project, the department of environmental protection may issue reasonable permit conditions to minimize adverse impacts from the construction and operation of said marina including, but not limited to, conditions requiring the vigorous restoration of impacted salt marsh, including ongoing monitoring and the reporting of the progress of such restoration.”