PROVINCETOWN — Developer Christine Barker has won two victories in her years-long attempt to get plans for redeveloping the derelict Old Reliable Fish House property over the finish line.
She has gotten a green light from the Provincetown Conservation Commission by removing a 400-foot walkway and 570-foot floating marina from her permit application. Those elements of the plan are not totally off the table, though, and will be incorporated into future project permitting.
And, after a five-year court battle with abutters, Barker reached a settlement with the last remaining litigant in state Land Court on July 16. The conservation commission approved Barker’s notice of intent related to wetlands issues just hours after the settlement had been reached.
Barker’s proposal calls for construction of two hotels with a total of 50 rooms, 13 residential condominiums, two restaurants, and a conference center with retail space spanning 227, 227R, and 229 Commercial St. The project includes a fixed public pier extending into the harbor.
Land Court Litigation
In late 2019, Barker unveiled her multi-million-dollar proposal to build a mixed-use complex where the vestiges of the Old Reliable Fish House stand at 227R Commercial.
Three abutters opposed the plan and appealed permit approvals given by the planning and zoning boards in Land Court in early 2020. Barker trimmed the footprint while keeping all the original components, satisfying Canteen owner Rob Anderson, who dropped out of the court case in 2021.
Scott Ravelson, then owner of 227-229 Commercial, dropped out in 2022 when Barker purchased his property for $4.6 million. She has since incorporated that site into her proposed development, adding a second hotel, a handful of condos, another restaurant and lounge, and retail space.
Patrick Patrick, owner of Marine Specialties, continued with his Land Court appeal and added a new complaint in 2023, claiming that Barker’s proposed pier was going to cross onto land he owned.
Both sides told the court last November that an agreement had been reached on the appeals related to the planning and zoning boards, but the court officially closed the case only on July 16 when the boundary dispute was settled.
Patrick declined to provide details on the settlement this week, but Barker’s attorney told the conservation commission on July 16 that five feet would be trimmed from the width of the pier as part of the final agreement.
Coastal Concerns
Barker’s initial notice of intent filing drew considerable pushback. The conservation commission had received several letters of concern by the time it held its March 19 kickoff hearing.
The Mass. Office of Coastal Zone Management noted that the portion of the target site bordering the harbor lies in the FEMA “velocity zone,” the zone at highest risk of flooding. The landward portion is in FEMA’s “AE” zone, also at high risk of flooding. The agency noted that the project sits on a coastal dune that provides storm damage and flood control.
Conservation commission members raised possible effects on an existing eelgrass bed caused by the installation of piles in the area of the proposed extended pier and floating marina. Commission chair Alfred Famiglietti brought up the 50-foot buffer zone where building has historically been forbidden.
On July 16, Marshall Puffer, Barker’s engineer from Tighe & Bond, addressed concerns about the coastal dune. Planned parking had been moved landward to allow the portion of dune currently under the Old Reliable building to reform. The new building on that spot was to be elevated on pilings, Puffer said, returning the natural flow of the tide underneath. The plan will reduce at-grade development currently in the 50-foot buffer zone by 3,600 square feet.
While the existing buildings at 227 and 229 Commercial also sit on the ground, their proposed replacements would be up on pilings to address sea level rise. The total at-grade coverage currently on the site will be reduced by 8,800 square feet, based on the project plan, which should help reduce flooding on Commercial Street.
Plans for parking had also been tweaked beyond the change of location. Parking will be minimal at the site, Barker said; electric vehicles will pick people up from remote spots. There would not be parking for condominium owners, who will be offered off-site spots. In the event of a significant storm, Barker said, her fleet of electric cars would be moved off-site.
Commissioner Mark Adams called the plan a significant improvement over current conditions. “It’s going to be one less property to fall into the ocean when the big one hits,” he said.
Nathaniel Mayo, who chaired the July 16 hearing in Famiglietti’s absence, was concerned about damage to the seabed caused by removing piles that remain from the original 19th-century pier. Barker’s team said the old piles will be pulled during the dormant season to allow the seabed to settle.
The commission voted unanimously to endorse the project’s notice of intent with some conditions. Those include a requirement that a Chapter 91 license be approved before the start of construction; that the old piles in the water be removed when the eelgrass is dormant; and that a silt curtain be installed to protect the eelgrass during work near the beds. The commission further required that invasive species be removed and native plants relocated or replaced by similar plantings.
Several Permits to Go
In an email earlier this week, Melyssa Millett, Provincetown’s environmental planner and conservation agent, said the proposal still needed to undergo a review by the state under the Environmental Policy Act and the Mass. Endangered Species Act.
At the county level, the Cape Cod Commission will review the proposal as a development of regional impact. “The pier may also need Army Corps approval,” Millett said.
Barker is also in the process of getting her state Chapter 91 waterways license needed for the pier.
While the local planning and zoning boards have approved required permits for 227R (replacing the Old Reliable Fish House with a harborside hotel, condos, restaurant, and bar) project elements proposed for 227-229 Commercial have not yet been reviewed by the boards.
