HomeMy WebLinkAboutFelicia Penn Con Com L-etter 9 11 (2)
Felicia R Penn 15 Daisy Bluff Lane Hyannis, MA 02601
To: Tom Lee, Chair and Members of the Conservation Committee
From: Felicia Penn, Lifelong Resident of Hyannis
RE: 35 Scudder NOI
DATE: September 11, 2023
After participating in last week’s hearing, I felt compelled to write to the Commission to ask that you
please not automatically narrow your scope of the request and plans before you, but that you look at
the big picture of the impact the proposed project will have on the lands and wetlands.
While you appropriately admonished the public to focus on only the issues for which you bear
responsibility, you allowed a longtime member to offer a closing comment on his opinion that the
benefit to the community of putting a dense development in this location outweighs any damage to the
land...without any comment from the chair. There cannot be two sets of rules: one for the public and
one for the Commissioners.
I have reviewed the responsibilities and authorities of the Conservation Commission and share the
following directly from the Town Code:
(1)
The purpose of the Conservation Commission is to protect, promote and enhance the quantity a nd quality of the
natural resources within the Town, especially wetlands, wildlife and water resources; through planning, acquisition,
land management, regulation, scientific research and public education...
(3)
The Conservation Commission is responsible for the implementation of the provisions of MGL Chapter 131, § 40, in
protecting floodplains, sea coasts and other wetlands within the T own, and Chapter 237, Wetlands Protection, of the
Code of the Town of Barnstable.
(4)
The Conservation Commission is responsible, with the Recreation Commission, for development and adoption of
the Town's Open Space and Recreation Plan , subject to Town Council approval. The Commission may adopt
policies and promulgate land management plans for properties of the Town reserved for conservation purposes.
After reading the above, it is clear to me that by only looking at the land area within the 100’ buffers of
the riverbanks, that you are unnecessarily restricting your review. This entire parcel was once a
wetland. It serves as a natural filter for the waters from Aunt Bett’s Pond and Fawcett Pond. T hese
waters don’t just feed Stewart’s Creek and Joshua’s Brook, they filter through the entire parcel. This
parcel filters not only the groundwater from the ponds, but also groundwater containing effluent from
the town’s Wastewater Treatment System. It also serves as a natural filter for the PFAS in the water
from Aunt Bett’s pond, which has the highest rate of PFAS than any waterbody in the County.
Please review the entire acreage of 35 Scudder when you discuss the NOI, as it serves a critical role in
this part of the village, which, if not properly conserved, may have long term health repercussions that
may be irreparable.
2
Are you aware that the original soil engineer for the applicant reported that the land at 35 Scudder is
unable to support the buildings and the parking area as proposed? Are you aware that this engineering
firm indicated that a minimum of 4.5’ of topsoil must be removed from the entire building footprint?
(which is why the trees will all be removed within this area) Are you aware that he also suggested that
all buildings must include weep holes in the outer walls, and that multiple 13’ drain pipes will extend
from these walls from all residence buildings?
RE: Chapter 237: In determining whether a resource area is subject to the provisions of this
chapter, the origin of the wetland, whether natural or man-made, is not a relevant factor.
Perhaps a review of your decision on Pond #4 needs to be reviewed.
Definitions of Alter:
A. Removal, excavation or dredging of soil, sand, gravel or aggregate materials of any kind;
B. Changing of preexisting drainage characteristics, flushing characteristics, salinity
distribution, sedimentation patterns, flow patterns, or flood retention characteristics
J. Any activities that change the aesthetics of a resource area in a significant manner
and for more than a temporary period.
This entire tract of land is about to be altered in several ways. Between the removal of about 14 acres of
topsoil, and replacement with some sort of fill, and the tearing out of over 500 trees, which will forever
alter the habitat for the existing wildlife, the impact the proposed project will have on this environment
is devastating. As the one and only commission in town that will review any environmental impact this
project will have on the west end of the village of Hyannis, it’s imperative that you look at the damage
the entire project will do and not limit yourself to the 100’ buffers. IF this project was on solid ground,
and IF they did not have to excavate at minimum of 4.5’ of soil and replace it, and IF the buildings did
not need weep holes in the walls, I would NOT ask you to broaden your review.
Last, but not least, I ask that you require the establishment of an escrow account or other security
running to the Town to secure the faithful and satisfactory performance of work required by any permit
you issue.
Thank You for Your Consideration,