§ 406-16. Waiting list procedure.

In areas that have, in the opinion of the Harbormaster in consultation with the Town Manager, reached maximum mooring capacity, the Department may establish waiting lists. The following shall serve as guidelines for the waiting list procedures:

A. 

For areas where no additional space is available, individual applicants for mooring space shall be placed on a waiting list at the office of the Harbormaster. Additionally there shall be a separate seasonal rental mooring waiting list covering all rental moorings. Once established, the rental mooring waiting list shall be published once per year on March 1. All those wishing to rent for the year must be on the rental mooring waiting list on February 28.

B. 

Entries shall be kept in chronological order according to the date the application is received.

C. 

The waiting list shall be renewable at the beginning of each calendar year. It shall be the responsibility of the applicant to notify the Harbormaster's Office, in writing, between January 1 and February 15 of each year of his/her desire to remain on the waiting list. The Harbormaster's Office must receive said notice on forms approved by the Harbormaster by 4:15 p.m. on the deadline date along with the fee. If the deadline day falls on a day when the Harbormaster's Office is closed, then the deadline will be the next business day.

D. 

When a mooring space becomes available, the Harbormaster's Office shall assign the mooring space to the first individual on the waiting list with a vessel appropriate for that particular location.

E. 

The person at the top of the waiting list shall have priority to obtain the next available location but may waive the right to the next available location if it is not in a place convenient to him/her without losing his/her place at the top of the list. In the event of a waiver, the next person on the list shall be offered the location; and if that person waives the right to the location, the next successive person shall be offered the location, etc., until someone in succession on the list takes it and registers a mooring there. Notice to the person entitled to the next available mooring shall be in writing or any other reasonable method established by the Harbormaster.

F. 

Only individual and commercial yard mooring permits may be applied for in full areas; no new rental permit applications will be accepted.

G. 

Owners of seasonal rental moorings shall make notice to the Harbormaster's Office of any vacancies by April 1. Vacancies shall be filled by the rental permit holder from the rental waiting list maintained by the Harbormaster's Office as provided in these sections except that rental moorings shall be subject to payment as required by owner. If such mooring is not taken by June 15, the mooring shall be removed by the owner with the seasonal rental mooring permit being forfeited. The Harbormaster has the right to review all aspects of rental waiting list placements at all times.

H. 

The following waiting lists shall be in effect and considered closed until the respective waiting list has been diminished and all applicants have either been awarded a mooring or have been removed for failure to perform: Cotuit Town Docks/Ropes, Cotuit Bay Shores, North Bay, North Bay Channel, Prince Cove, West Bay, Tim's Cove, Centerville River, East Bay and Fish Hills, Cotuit Ropes/Cordwood, and West Bay Flats. From that time forth, the wait list shall be filled through a lottery system, open to all, and placement upon the list shall be in the order by which the name of the applicant is drawn. The Town of Barnstable, at its discretion, shall determine the number of applicants to be placed upon the list. All applicants upon their selection through the lottery system shall be subject to all rules and regulations as they pertain to this document.

I. 

An annual, nonrefundable administration fee will be charged for each request to remain on a waiting list for a mooring. As approved on November 12, 2013, a nonrefundable administration fee will be charged for any initial (new) applications for a waiting list for a mooring.

J. 

No new waiting list applications will be accepted between December 1 and December 31.

K. 

Establishment of a rental mooring waiting list: The Harbormaster's Office shall conduct a lottery to include all those who are on a current Town mooring waiting list as of April 1, 2013, that desire to be on the rental waiting list. All above rules and fees shall apply. Once the lottery has been conducted and the results posted, the rental waiting list shall be considered open as all other open areas.

L. 

Individuals offered a potential mooring from the waitlist will have five business days to respond when the Harbormaster's Office provides notice. Failure to respond will result in a pass to the next individual on the list. If the contact information on file (e-mail/phone number) is incorrect this will also result in a pass. The Harbormaster may use discretion if an individual contacts the Harbormaster's Office after the five business days.