Sailing for All in the 2017 Provincetown Harbor Plan (Facilitates sailing for everyone)

An economy enriching proposal for the shared waterway access use of this water dependent activity in cooperation and without detriment to the other water dependent commercial uses.

The Harbor Committee and the Urban Harbor Institute of UMASS Boston are holding early stage public meeting in support of Provincetown’s new 5-year Harbor Plan. As sailing enthusiasts, your comments and support are needed for this Sailing for All public access initiative.

Background:

The early stage meeting seeking public comment is in support of a yearlong process to develop Provincetown’s new 5-year harbor plan. The plan involves all aspects of the Harbor. This initiative is advocating for space for Sailing for All for the installation of hoist and accessory equipment and allocating fenced dry sail boat parking collectively facilitating access to the waterway for all, like that which is found at most Corinthian style community sailing or yacht clubs, making sailing and racing feasible and affordable for all, including those in financial need, seniors, veterans, and the disabled.

There are no assurance that the 5-year plan will include any plan for sailing to have better access to the waterway, mostly because, for some unknown reason, the public has not been aware of the early stage public meetings. Though it is The Harbor Committee’s responsibility to include the wishes of the public in the plan. Therefore, it cannot be stressed enough to the interested sailing public (that’s anyone) that now is the time to step forward to make sure the Harbor Committee knows what you want.

When and How:

It has been stated by the Committee that the July 15th 10AM meeting at Provincetown West Racing Club is the last of the early stage public meetings to elicit the public’s ideas before the complete harbor plan is written. This would be a perfect time to come and express your wishes. Alternatively, there is a petition assuring your voice is heard. https://www.change.org/p/provincetown-harbor-committee-sailing-for- all?recruiter=500130815&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_ petition

The Sailing for All plan has been proposed to the Harbor Committee and its consultant, The Urban Harbor Institute (UHI), and the UHI has since interviewed the plan’s author. Including the Sailing for All Plan would be a major first step to have a truly non-profit community access Sailing for All program in Provincetown.

Next Big Action:

If The P-town Harbor Committee makes a recommendation to grant space with the desired waterway access for the Sailing for All plan, a preliminary feasibility study is needed on the space(s). Once an approved location is selected raising individual, corporate, foundation money for the plan would be the next big action driven by our grass root effort of the public passionate about the cause.

There is HUGE POTENTIAL for the Provincetown economy and the public to be a CORINTHIAN spirited, NON-PROFIT, ONE DESIGN SAILING FOR ALL racing venue (terms will be defined).

The Beneficiaries

1) P-town economy through increased tourism (summer, shoulder season, even some frostbiting in colder months) benefits:  Restaurants  Lodging  Markets  Artists  Bars  Chandlery

One only needs to benchmark with any sailing venue that has installed a hoist and allocated dry sailing space. The growth is limited only by the space allocated. The local economies are thriving off of the boating.

2) The Public  The art and science of sailing is considered one of the best things you can do: o Teaches technical skills and expertise o Increases the sense of freedom and speed o Connection to nature o Teaches Achievement focus, about effort, and competition o About teamwork o Sailing alone or with a crew. . Can lead to some profound, reflective moments, . Can deepens sense of camaraderie and trust o Develop communication skills o Experience life roles (instructor, mentor, captain, crew).

What the harbor planners need to know:

 Sailing for All is a desired recreational activity for the rest of us (fishing, transportation, and the wealthy splurging mariners have been cared for but the middle and lower class have all but been left behind)  People leave P-town for better sailing and racing (due to the facility, better knowledgeable base, people willing to share and benchmark, access to the best training, provision of equipment now considered standard, and the avoidance of the difficulty with mooring including human and environmental risks, and all in a more affordable way)  Sailing enthusiasts will come to P-town if it shapes to a Corinthian, Non-profit, One Design, Inclusive and Accessible Model (a fair and rewarding experience, educationally oriented, environmentally friendly, using proven global standards)  P-town can increase routine traffic to its economy and position as a regatta destination in softer periods, particularly if Sailing for All selects a boat class that has a fleet with roots in the dry sail program.

Funding:

 The plan is for a member run fee based model  US Sailing have funds for developing sailing programs  Provincetown Harbor Access Gift Fund might have some seed fund, desired for the location analysis, maybe more  Accessible Provincetown might have some funds for a program that facilitates disabled sailing  After a recommendation and location analysis, the charter member and supporting pubic will seek grants from corporate, foundation and individuals.  Combining an educational and sporting mission should facilitate US tax non-profit status

Legal Entity

Sailing for All is an Initiative with a mission. It is NOT in competition with any other existing entity. It is complementary and supportive of the needs of the West End Racing Club, The Great Provincetown Schooner Regatta, and the Provincetown Yacht Club. None of the mentioned organizations offer all of what Sailing for All is proposing. They are either limited to youth, lack education, and all lack the facility that can host a hoist, with deep enough water, and parking for dry sailed boats to make it all possible.

Sailing for All needs to be a legal entity and it’s sporting education and open-access community sailing mission should make it the catalyst eligible for a tax exempt non-profit status. Sailing for All would consider combining forces with the existing entities adding strength in numbers.

Definitions that make this different:

Corinthian – In sailing, Corinthian sailors are amateur yachtsman, considered spunky and robust who commenced sailing their own boats as contrasted with wealthy “splurgers” such as they were called, traditional yachtsmen that could hire captains. The term Corinthian is widely known among amateur yachtsman, at non-profit yacht clubs (London Corinthian Yacht Club, Corinthian Yacht Club, most all yacht clubs) and it has made sailing and racing educational, with its preference for one design, fair, accessible to the disabled, and more affordable certainly than Provincetown.

Boat Clubs - More extreme boat clubs don’t want to be known as a yacht club, portraying and delivering a more accessible and budget minded solution. For example:

 Sail Newport  Marblehead Boating Center  Community Boating  Nyack Boat Club  Coconut Grove Sailing Center  Team Paradise  Shake-a-Leg  Sail to Prevail

One Design Class – Logic suggests fair competition can be achieved by leveling the playing field. One Design Class sailboats are produced with rules that specify within tight tolerances what must be identical in design and equipment, and when operated for competition governed by strict Class and Racing Rules of Sailing, governed by United States Sailing, other national sailing organizations, and overall by World Sailing. These organizations include (yacht, dinghy, windsurfing, radio controlled, and provisions for disabled).

One Design makes sailboat racing fair, fun, safe, and accessible to all.

There are 225 One Design accepted by US Sailing and World Sailing. The youngest sailors start training in the Optimist or Opti (sometimes sunfish), then lasers, 420, and many others, including keel boat, multi- hull, and now foiling boats.

 Smaller boats are ramp and beach launched with dolly’s but at some venues, like Ft Lauderdale Yacht Club residing on the intercostal, they hoist all the dinghy’s in.  Larger, especially the one design keel boats, are mostly hoist launched

When racing One Design Class sailboats against one another the boats, equipment, and activity are setup to assure a level playing field so the opportunity to compete and succeed come down to sailing skills, making the effort to participate substantively rewarding for individuals and crews.

Disabled - The opportunity to sail and compete can extend to some mobility challenged and other disabled with the choice of boat including paraplegic and even quadriplegic with the right facility and accessory equipment, and sometimes additional accessible aids.

PHRF

One Design is contrasted with Performance Handicap Racing Fleet (PHRF) a handicapping system that tries to level the playing field. Experts agree PHRF limits the optimal racing experience. For example: with PHRF:

 Ability to benchmark: comparing, rigging, tuning, and on water setting, with like class boats is lost  Handicap can’t correct everything; opportunity for true achievement is lost

Therefore, PHRF is not an educational or achievement awarding best practice, promoted first by US or World Sailing.

Dry Sailing and hoisting (boats are in water only when used) motivation and characteristics:  Venues invest in more economical member operated hoists (usually maximum 3 ton; no less than 2 ton, and usually restricted to single point lifting, NO understraps, NO lifting frames) and accessorial, with shared float space, freeing boaters from expensive for profit mobile crane operators and the cost and difficulty with mooring.  Vessels, when not in use, are kept on trailers with mast up and fully rigged, in proximity to hoist, away from power lines and with fresh water supply. This minimizes work and maximizes on the water sailing time.  The onshore hoisting, ramp and near proximity accessible floating dock serves the public in several ways o Makes Sailing for All especially for mobility challenged, the disabled, and for racing, physically, timewise, and economically more feasible (disabled have priority access to floats during a crowded regatta) o Racers take their bottom care seriously, one design sailors more than others. Single point lifting eliminates touching meticulously faired and polished racing boat bottoms o Hoisting off a single point is also very fast (speed is a necessity with shared public access and for racing with many boats being launched or hauled) o Sailing time is optimized, by removing stem time to/from a mooring  Typical water time when dry sailed 1/2 to 3 days. In and out the same day is common.  Mast stepping and gin poles (a gin pole is a smaller mast used by a few sailors to self-step a larger mast) saving valuable hoist time and eliminating expensive crane operators. Larger venues have assembled manually controlled mast hoisting systems, effectively saving in the same way.  Minimizes or eliminates sailor work and difficulty with mooring o Eliminates instability and expense encountered with moorings o Eliminates the need and expense with bottom paints toxic to the applicator and environment o Eliminates the work and expense for weekly bottom cleaning o One Design boats, maintenance, and activities are large investments that can be lost with hulls bottoms that encounter growth and or destructive blisters, adding to the risk of not being fair, collectively very expensive problems to have, potentially ending ones sailing and racing.  It optimizes and brings those in need of biological services closer more often and as needed  Eliminates need for most launch service, saving sailors more time and expense  Facilitates rigging and maintenance in the parking area (no sanding allowed)  Visiting boats (usually for a 2-3 day event) are sometimes relegated to move trailers to remote parking when forward space is limited  Attracts visitors for sailing and especially racing one design fleets and other boats for regattas (events range from local, regional, national, world, and other special reasons)  Maximum size boat for this concept (Sail Newport limits their jib hoists to a 1D35 as large boats become unwieldy in heavy winds)

Venues combine One Design Racing with Tourism and extending seasons  There are dozens of venues capturing the sailing tourists and their families. For example: Newport, Annapolis, Marblehead, Charleston, New Bedford, Miami, Falmouth, Chicago, Key West, Antigua, BVI, the list is endless.  One Designs produce many regatta events: Regionals, Nationals, Worlds, Specials, Pro-Am, National Offshore One Design (NOOD) Series, US Sailing Events, Many More  With hoists and dry sailing, seasons are extended, literally beginning when the weather breaks and goes until Fall and even include frostbiting (a type of sailing done in colder months)

Comparative Costs

 The Great Provincetown Schooner Regatta has NOT been a good experience when a trailered boat wants to be hoisted. In 2016 Winkler Crane wanted $1600 in/out (an industrial rate), the stabilizing crane ball can damage a boat, the large crane is too much equipment, and it is charging industrial rates for recreational boaters. Winkler Crane Service is a show stopper for Provincetown.  By comparison Hyannis crane charges commercial customer’s commercial rates but sporting sailors a reasonable fraction, but by comparison still a show stopper  A regional yacht club, a non-profit, that invested in the right size jib hoist charges a visiting non-member 1/16th what it would currently cost in P-town or in/out $100 total making the sailing experience realistic, though not practical for a day without dry sailing. One Design boats, maintenance, and activities are large investments that can be lost with hulls bottoms that are out-of-fair, encounter growth, and or destructive blisters  He same location is a full-service member only club and sailing school. It’s initiation is $3000 and annual dues, dry sail parking, use of its hoist is around $2200. It probably charges to Learn Sailing Right. It has a nice club house and moderate in season restaurant minimum. Many folks, but not all, in Provincetown could afford this.  On the other hand Sail Newport, a state gifted property, at Ft Adams State Park, has two 3-ton hoists, dry sail parking if you have your own boat for roughly $1000 per season for a 23 foot boat, plus a fleet of member boats included in its seasonal membership fee of $100 ($25 for seniors and when requested for the disabled).

Provincetown’s Harbor Plan would benefit the town by initiating a dry sailing program with appropriate hoist and accessory to capture the local, regional, visiting, or aspiring sailing enthusiast and position itself for an expanded season with regattas. Experience over the last 30 years, every venue running a regatta included a hoist to launch a boat in its entrance fee except one, Provincetown.

Provincetown Harbor

 Sailing for All in P-town is currently constrained: Corinthian spirited, non-profit, one design sailing, racing, for all is currently being limited in its access to the waterways in the ways described in this proposal  The new Harbor Plan could change all that.  Beware: It must be noted that several of the restrictions on a harbor are subject to modification by an approved Municipal Harbor Plan. It is most important that the voice and wishes of the public be heard and incorporated in the harbor plan. If the public does not tell Provincetown that it wants a Sailing for All program, other special interests will claim the resources.  Relevant regulations: o 301 CMR 23.00 REVIEW AND APPROVAL OF MUNICIPAL HARBOR PLANS (MHP) 1) http://www.mass.gov/eea/docs/czm/fcr-regs/301-cmr-23.pdf 2) The MHP must be consistent with all CZM Policies, as applicable. o Massachusetts Office of Coastal Zone Management POLICY GUIDE 1) http://www.mass.gov/eea/docs/czm/fcr-regs/czm-policy-guide- october2011.pdf 2) http://www.mass.gov/eea/agencies/czm/program-areas/port-and-harbor- planning/designated-port-areas/ o Chapter 91, The Massachusetts Public Waterfront Act 1) http://www.mass.gov/eea/agencies/massdep/water/watersheds/chapter- 91-the-massachusetts-public-waterfront-act.html 2) https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter91 o 310 CMR 9.00: WATERWAYS 1) http://www.mass.gov/eea/docs/dep/service/regulations/310cmr09.pdf  This plan proposes Provincetown Harbor Plan adopt the request for space allocation for the proposed equipment and accessory and dry sail fenced parking (for member and a small fleet of boats Sailing for All boats), undertake through the Harbor Access Gift Fund a feasibility study to determine the best location, to be followed by entity alignment or creation, and the development and promotion (fund raising) for the engineering, equipment and fleet acquisition, installation, procedural documentation collectively integral to developing a Corinthian style Non-Profit, One Design Class Sailing for All Program as a path to Provincetown’s Economic Development as well as enriching and growing the local sailing community.

------Architectural Access Board Proposed Revision to Regulations Another Path to Sailing for All

The Massachusetts Architectural Access Board (AAB) agrees the proposed revision to its regulations has merit and it is another path to achieve the Sailing for All program. The proposed changes are on the table for testimony and public comment for the 2017 regulatory change review when it is scheduled.

Proposed Regulations The concepts of what makes a reasonable accommodation modification for disabled sailing is not new. Progressive communities and private non-profit establishments, located on waters considered suitable, have taken voluntary steps to alter facility so Sailing for All works for their constituents. Sometimes it requires some logical human intervention for extra accommodation with docking to those that need more access. Marblehead, for example, has four facilities that work for the disabled and all (three are clubs and one a budget oriented landing). One community sailing center in Boston has worked out a solution for its sailboats and customers. Also, there is a private establishment in Falmouth that had made the investment. There is yet another on the southern Massachusetts coast. Outside of Massachusetts accommodations and modification exist at Sail Newport, Noroton Yacht Club, American Yachts Club in Rye, Nyack Boat Club, and Several of the yacht and boat clubs on Biscayne Bay. The point is, the solution proposed for regulatory change has a proven track record in a variety of progressive venues, voluntarily assuring equal access for the disabled to sail with the able bodied.

Provincetown is the pilot town. It takes pride in accessibility. In a recent town meeting, the Harbormaster, Rex McKinsey, said the idea is good. Though for some unknown reason, it is struggling to identify the space to move forward. Consequently, I have turned to a regulatory approach.

I have been getting some guidance from Adrienne Manson a disability advocate from the Office on Disability at Mass Department of Health and Human Services and Bethany Brown, Disability Civil Rights Paralegal at the Mass Attorney General’s Office. One of the parties suggested I draft regulation for the AAB. Thus, I am presenting my ideas as a regulatory change to CMR 521 Architectural Access Board. I will provide some narrative as needed with the regulation idea as an indented paragraph. The first being the following:

With respect to CMR 521 Architectural Access Board Rules and Regulations, the proposed regulation is for the Commonwealth of Massachusetts wherever exists suitable waterways for sailing, in Designated Port Area (DPA) or with existing harbors and its wharf, pier, marina, or bulkhead facility, where there also exists a demand expressed by any of the qualified disabled citizenry of the Commonwealth.

The target locations and facilities include: DPA or harbors within municipalities. The existing wharf, pier, marina, or bulkhead facility may be government or private and it may be operating as commercial (fishing or transportation), recreational, or a combination of both, even possessing a license that permits passive recreational activity may be considered suitable if it is at a site that would normally serve water dependent purpose. It might be a licensed location that received a waiver for a non-water dependent use.

Examples of non-water dependent use would be a parking lot abutting a water side bulkhead, or a parking lot located on a pier, or a garden area, or a pedestrian walkway by a waterside bulkhead.

Suitable locations include sites that can be dual use for shared resources. For example:  Pier based equipment used by fisherman, when modified, could be equally used for a recreational boater so long as it is not interfering with the commercial use. The amount of time equipment is used makes shared resources feasible.  Pedestrians currently have access up to the edge of a wharf, pier, or marina where the equipment used by fisherman or transportation providers is located when not in use. The equipment installation to be proposed for this regulation could also be a dual use area; so pedestrian passage will still occur most of the time, as the equipment actual operation time is brief; so pedestrian traffic is close to 100% uninterrupted.

To be as progressive as Marblehead with 4 such locations is too large an expectation. It is understandable though, for as much as this solution has made sailing feasible for the disabled, it makes sailing easier for all.

I propose a requirement that one qualifying municipality have a minimum of one location to deploy the proposed solution.

Provincetown has at least 4 Chapter 91 license locations that have sufficient water suggesting with cooperation there may be suitable location somewhere within. There is public statement on record at a town meeting that the idea has merit. Though Provincetown has been slow to respond stating it doesn’t know where it could be done. To start the participants are requested to accept the following concept:

“Boats chosen for accessible (disabled) sailing have unique characteristics. They are purposefully among the single point lifted dry sailing craft made stable by wider beams and heavy keels.

It is my position, these boats are an “other power-driven mobility device.” defined by the ADA as any mobility device whether or not designed primarily for use by individuals with mobility disabilities – that is used by individuals with mobility disabilities for the purpose of locomotion……or any mobility device designed to operate in areas without defined pedestrian routes…”

The following is a link to a new smaller boat designed in Europe for the disabled http://sv14.org/design/. This design has a keel with a low center of gravity bulb at the bottom. The boats and waters chosen are about safety and accessibility. The power is that from the harnessed wind. The single point lift on these boats are chosen for their simplicity of rigging the lift and speed of launching and hauling, minimizing the valuable time resources, especially shared resources, are being tied up. Boats that are dry sailed (stored out of the water on a trailer at the facility, with mast up and rigged, when not in use) make it feasible for a disabled person to care for their vessel and launch and haul with the least effort possible. Dry sailing is routinely accompanied by having shared accessible floating docks positioned nearby a hoist minimizing time and maximizing stability. The temporary use shared docks are intended to improve equal access for the disabled sailor.

For the suitable Chapter 91 licensed location in Provincetown, the proposal is for access with a Sonar sailboat, one of the common Paralympic classes, widely used by the disabled for at least a decade. The boat is not currently outfitted, though it could be additionally equipped, for paraplegic and even a quadriplegic driver.

The following is the Reasonable Accommodation Modification proposed to Provincetown and generically for CMR 521:

 Space: Allocation of water accessible space for the Jib Hoist with room for one boat on trailer being hoisted  Jib Hoist: Placement of an adequate vertical and horizontally powered user operated jib hoist, certified for 2 or 3 ton (max), considering the widest range of boats to be hoisted

Research was done on maximum boat size allowed at Sail Newport. The maximum size is driven by concerns for safety when winds pick-up.

 Adequate water below the hoist for the draft on the boats used (currently suitable or after dredging)  Adequate temporary shared float space, with proper rub rails, for boats with a low freeboard (e.g. 2 ft.) just for launching, rigging, hauling, resting, disability management, occasional overnight subject to dock master permission, and easily reachable from/to the hoist using dock line (no power-craft needed)  Proper fascia in the hoisting area (boards and rub rails in the lifting area to prevent float under and other sources of damage  Parking on the hard for patron boats in proximity to the hoist in fenced space (dry sailing - rigged boat with mast up) minimizing the effort and facilitating accessible sailing and boat rigging and maintenance (assuming no slope a two-wheel hand tow is adequate to move boats on trailers).  Water and hose for cleanup on the hard  Electrical power for the hoist  Avoidance of bottom paint – toxic in its application and in the water  Human hoist from the floating dock into the boat of the type used to facilitate moving a person in/out of a pool (optional dependent on the user’s needs).  Note: gin pole is used to step masts

Regarding Provincetown’s harbor: it is the author’s opinion that the most ideal place for the proposed reasonable accommodation modification would be at the bulkhead between MacMillan Pier and the guest dock, assuming there is enough water below or if it can be dredged to make enough water. This location requires an allowance to utilize space of other existing Chapter 91 licenses. The other Provincetown Chapter 91 licenses abutting or in near proximity to the bulkhead include a green planted walkway and a town parking lot. These licenses could be modified to include this water dependent sailing initiative, in the case of the green walk, cooperatively sharing space, in the case of the parking lot, allocate space, if necessary for reasonable compensation. The proposal would only require a small slice of space.

Alternatively, MacMillan Pier (the town’s “primarily,” though not exclusive, commercial pier), the Clifford Property (the commercial location of the Whydah Museum on MacMillan Pier), and Provincetown Marina (a commercial marina), are additional possible sites. Cooperative and interactive dialogue with the town is required to find a workable solution.

In Provincetown, passive recreational walkways, current or planned, at any of the relevant water access sites, may be dual use, shared, as it is currently, with fishing and transportation at MacMillan Pier. Or one of MacMillan Pier’s 4 active hoists could be upgraded to accommodate the hoisting of a dry sailed boat making that space dual use shared. Two (2) unused hoists on MacMillan Pier could be removed to make space for a new hoist. Any modification would improve utilization of the public resource. Improved resource utilization would also be a benefit of any new hoist placed where there is a current or planned pedestrian walk. When the hoist is not being used (which is most of the time) pedestrians can still pass by right to the edge of any pier or bulkhead.

Contrary to the water dependent use preference for most Chapter 91 licenses, Provincetown has at least two (2) non-water dependent uses blocking the public access to the water. The able bodied can access the waterways with their boats in other ways, such as taking a smaller boat to a mooring. Disabled would benefit by allocating space to access the waterway as proposed either through the space of the current water or non-water dependent uses.

One point about the economics of this plan. There are people known as the working disabled though many others are occupationally disabled. So just like with other state disability transportation identification and vehicle parking placard or municipal special ordinances, the disabled need economic relief for all or any part of participation in this solution.

Once the modifications are installed and available for use, a municipal governing body or an existing or new non-profit sporting entity could charge as recommended:

 Annual disabled boat operators use for dry sailboat and trailer parking with unlimited hoist use………………………………………………………….……….. $1100  Annual able-bodied boat operators use for dry sailboat and trailer parking with unlimited hoist use (subject to availability as per the local harbor committee) … $2200  Single-use in/out of hoist with temporary short-term trailer parking…...... $100

At a minimum it is proposed that this regulatory concept be established to apply at of one of the possible facilities within a municipality covered by any of 521 CMR 11.00 Commercial Buildings, 521 CMR 18.00 Transportation Terminals, or 521 CMR 19.00 Recreational Facilities, at the first site in a municipalities port where the solution will work best for all the parties and therefore the regulations should be included in each of the aforementioned sections of 521 CMR, so that the section that is engaged has its regulatory language in place in advance.

DISABLED SAILORS

VISUAL REPRESENTATION OF PROPOSED EQUIPMENT

Miami

Community Boating Boston

Marblehead Falmouth

M ia m i

Mast Hoist Marblehead Ft Lauderdale Miami

Miami Noroton CT Miami