HomeMy WebLinkAboutAngela Rutzick Comment Letter1
Memorandum
To: Barnstable Town Council
Town Manager Ells
Barnstable Conservation Commission
DPW Director Santos
From: Save Twin Brooks, Inc.
Date: August 27, 2025
Subject: Unauthorized Dewatering at 268 Stevens Street and 45 Mitchell’s Way Affecting 32
Pleasant Hill Lane and Failure to Uphold Wetlands Protection
I. Introduction
We write to express urgent action regarding the pumping and dewatering event that occurred at
268 Stevens Street and 45 Mitchell’s Way beginning on July 21, which lasted ten days and
resulted in the discharge of millions of gallons of freshwater pumped from a wetland system at
32 Pleasant Hill Lane in the Stewart’s Creek Watershed. This action appears to have occurred
without the proper permitting, violating the Massachusetts Wetlands Protection Act and
damaging critical ecological resources. The work was associated with the Town’s construction of
a sewer pump station.
II. Key Facts and Timeline
•The wetland severely affected is located at 32 Pleasant Hill Lane, within the Stewart’s
Creek and Lewis Bay Watersheds, and can be verified via MassMapper and the
Barnstable GIS, which shows a perennial stream (not intermittent).
•The DPW claims the proposed sewer pump station at 268 Stevens Street lies outside
the jurisdiction of the Wetlands Protection Act. However, no certified wetland
delineation has been provided to support this dewatering project.
•The Barnstable DPW’s Water Resources Management Update (August 21, 2025)
references a Notice of Project Change (NPC) filed with the MEPA Office in July 2024
(EEA File No. 16148).
•The MEPA Certificate cited by DPW is not a permit and does not authorize
dewatering of wetlands. No Order of Conditions exists for the water extraction from 32
Pleasant Hill Lane.
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III. Legal and Regulatory Framework
The Massachusetts Wetlands Protection Act (WPA) protects wetlands for eight key public
interests:
1.Public/private water supply
2.Groundwater supply
3.Flood control
4.Storm damage prevention
5.Prevention of pollution
6.Protection of land containing shellfish
7.Protection of fisheries
8.Protection of wildlife habitat
Bordering Vegetated Wetlands, which cover almost half of 32 Pleasant Hill Lane, are presumed
to protect all eight interests. The unpermitted pumping and dewatering operation resulted in
harming the wetlands’ ability to provide those eight interests. The lack of an Order of
Conditions clearly places the activity outside lawful bounds.
Further, the MEPA document referred to by the DPW itself states:
“Individual CWMP projects may require permitting from MassDEP and MassDOT... and review
under MESA by NHESP.”
This makes clear that additional permits and reviews are required — none of which were
presented or granted.
IV.Potential Violations
•No Order of Conditions exists authorizing the dewatering or effects of the pumping that
required the dewatering.
•Dewatering occurred during a Level 2 Significant Drought, harming wildlife and
freshwater ecology.
•Failure to provide a certified wetlands delineation despite claiming the project is outside
conservation jurisdiction.
•Perennial stream misidentified as intermittent — needs re-evaluation by MassDEP.
•Project decisions are based on documents (e.g., MEPA Certificate, state grant funding)
that do not confer regulatory approval.
V. Community Impact and Public Trust
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•Longtime residents and abutters have reported to the Town the presence before the
dewatering of:
o Freshwater springs,
o 4' deep water, and
o active wildlife
o Photographic evidence of habitat health
o The joy and environmental benefits provided by the site for decades
•This includes the family of Joe Daluz, a respected former president of the local NAACP
and former Barnstable Building Commissioner.
•Public trust in the Conservation Commission and DPW is being eroded by the perceived
disregard for legal protections and public transparency.
VI. Recommendations
1.Re-Evaluate the Stream Classification
o Work with MassDEP to reexamine the stream status to determine if it is
perennial, not intermittent, and therefore the required setbacks from activity and
disturbance will change.
2.Clarify Wetlands Jurisdiction
o Require a certified wetlands expert to delineate wetland boundaries at and near
268 Stevens Street and 45 Mitchell’s Way.
3.Protect 32 Pleasant Hill Lane
o Town should take the parcel by eminent domain and/or purchase at fair market
value and add it to the adjacent lots that are Town conservation land.
o Place a Conservation restriction on this parcel to protect in perpetuity.
o Allow two affordable, deed-restricted homes on upland portion, with full
Conservation Commission review.
4.Improve Oversight and Training
o Require Conservation Commission members to attend Massachusetts Association
of Conservation Commissions refresher and certification courses to promote:
§Greater professionalism
§Efficient and defensible permitting
§Proactive natural resource protection
5.Special Conditions for the Sewer Pump Station
o Design a coffer dam at the stream outlet to retain water within the 32 Pleasant
Hill Lane parcel for wildlife during proposed construction at 268 Stevens Street
o Require certified wetlands biologist input on dewatering plan
o Require certified wildlife biologist on site during dewatering activity to protect
vulnerable species (e.g., turtles)
6.Accountability
o Review how dewatering was allowed without proper permitting
o Identify responsible parties and implement compliance measures
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VII. Conclusion
This situation presents a clear breach of the Wetlands Protection Act, public trust in Town
government, and demonstrates serious failings in the stewardship of our town’s environmental
resources. Immediate corrective actions are required to restore compliance, protect public
interest, and rebuild trust in the regulatory process.
We urge the Town Council, Conservation Commission, and DPW to act swiftly and
transparently in response to these issues.
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