HomeMy WebLinkAbout24 Flume Ave correspondence1
Wendy Bierwirth
377 Wheeler Road
Marstons Mills MA 02648
February 22, 2023
The Barnstable Planning Board
367 Main Street
Hyannis MA 02601
c/o Karen Herrand
Karen.Herrand@Town.Barnstable.MA.US
With copy to DEP.Waterways@mass.gov
INRE: 23-WW-PRE-0008-APP/24 Flume Ave Pier
Dear esteemed Planning Board members,
As a kayaker and someone who swam the entire periphery of Mystic Lake with a neighbor during the
Pandemic with the intent to do the same on Middle Pond, I wish to dispel several arguments that helical
piles would not be a danger to swimmers or boaters on our ponds.
This notion assumes swimmers only use the ponds during dock season (April 15th – November 15th).
Not so, rather recreational use of the ponds off season is increasing. We saw a paddleboarder on
Mystic Lake January 19th . The pond levels this past fall and winter were so low we could walk around
the entire wooded shoreline of the three ponds. Climate change indicates we can expect an ever more
temperate climate and a corresponding increase in off-season recreational use in coming years.
One cannot limit the danger to the ‘off season’. While dock season starts April 15th, there exists no
obligation that the docks be installed in April or by any date certain. In fact, the owners of 24 Flume
are free to opt not to install the dock at all any given year.
There would be 18 of these helical pile protrusions placed on the state-owned pond bottom at intervals
out 54 feet. If the pond levels go down as drastically as they did this past fall and winter, how many of
them would be exposed or close enough to the surface to present a hazard to fisherman, swimmers,
paddleboarders and boaters? Imagine someone diving head first from a pontoon boat into the water
there.
One commenter recommended that, should the helical pile installation be approved, then buoys or
other warning devices be required to make recreational users aware of the hazard. That is not a
solution. The pond residents and other recreational users are already being exposed to the eyesore of
the illegal razing of the trees at 24 Flume on what is otherwise a beautiful natural wooded shoreline.
Warning devices would just be a further eyesore. Please don’t subject us to that.
The only solution is to disallow the installation. The standard for seasonal docks is that they be set
upon flat concrete pads on the pond bottom, so they are in the same location year after year. They do
not pose a threat to swimmers and fishermen wading in the waters. There is no measurable benefit to
installing helical piles in a freshwater body like Middle Pond that is not subject to tides or rapid current.
2
The Barnstable Landtrust platform and nearby public beach put the proposed dock in an area of
increased usage. Paddleboard rentals and classes are held off the public beach area almost daily. Out
kayaking, I can often hear the gleeful laughter of beginners as they fall off their paddle boards in that
area. Their sunset classes are in high demand. Unlike we residents who are fighting this installation,
these and other members of the general public will have no idea the piles are there.
High usage of the area makes it inevitable that someone will eventually be hurt by the helical piles. In
our litigious society, this would result not only in a lawsuit against the owners of 24 Flume, but against
the entities that own the land under Middle Pond and those responsible for having allowed the
installation in the face of substantial public opposition (hundreds of people have voiced concerns in
various forums). Good citizens have a responsibility to speak out and try to prevent this from
happening.
I greatly admire the Conservation Commission and the good work they normally do in protecting the
natural beauty and wildlife of our ponds. However as regards 24 Flume, they have failed us miserably.
They allowed the razing of trees in the protected waterfront area of Middle Pond and have approved
this proposed helical pile installation. Please don’t make we who live on and around Middle and Mystic
Lake, along with the public who come to use these wonderful fresh waters, live with the consequences
of that failure.
Respectfully,
Wendy Bierwirth
3
Photo of the beautifully natural wooded shores of Middle Pond – WITH ONE EXCEPTION!!!