HomeMy WebLinkAboutLtr. to Con Comm Chair Lee_10-03-23
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October 3, 2023
Hon. F.P “Tom” Lee
Chairman
Town of Barnstable Conservation Commission
c/o darcy.karle@town.barnstable.ma.us
200 Main Street
Hyannis, Massachusetts 02601
Dear Chairman Lee,
On behalf of the Friends of Centerville Cranberry Bog Preservation, Inc (“the Friends”), and hundreds of its supporters, I am writing to express concerns about the enormous fence recently
erected around a portion of the protected wetlands situated at 1246 Bumps River Road, Centerville. In light of these concerns, we request that the Commission undertake a site inspection
because the fence as installed does not comply with theWetlands Permit Plan reviewed and accepted by the Massachusetts Department of Environmental Preservation (“the Mass DEP”)in connection
with its issuance of a Superseding Determination of Applicability and filed with the Town of Barnstable. (A copy accompanies this letter for ease of reference.)
Background: You will recall that the proposed installation of this fence was the subject of extensive hearings and submissions to the Conservation Commission in August and September
2021.The propertyat 1246 Bumps River Road, formerly cultivatedas a cranberry bog enrolled in the Town of Barnstable’s farmland tax assessment program, was purportedly sold to an individual
who then transferred his interest to Bog Partners LLC, a limited liability company. On July 16, 2021, Bog Partners LLC applied to the Conservation Commission to erect a very tall and
very longfence on a portion of the protected wetlands. The Commission conducted public hearings to discuss the proposed fence in both August and September 2021. At those hearings, dozens
of Centerville residents, supported by environmental consultant Lynne Whiting Hamlyn and wildlife experts Dr. Eric G. Strauss and Dr. Jonathan G. Way, appeared before the Commission
toexpress their seriousconcerns over the impact of the fence on the wildlife that inhabits or depends on theprotected wetlands. This apprehension was openly shared by some Commission
members, who questioned the reason for the fence as well as its height and its lengthand wondered about possible alternatives and/or modifications to the fence as proposed.
Bog Partners LLC’s environmental consultant Arlene M. Wilson, PWS,submitted a letter in response to questions and comments raised by Commissioners, Ms. Hamlyn, Drs. Strauss and Way,
and members of the general public at the Commission’s August 10 meeting. The letter, dated August 31, 2021, was accompanied by a Wetlands Permit Plan, revised as of August 18, 2021,
detailing the height and finish of the proposed chain link fence. (Copies of Ms. Wilson’s letter, with added highlighting, and the revised Plan accompany this letter for ease of reference.)
In her letter, Ms. Wilson emphasized that the fence would (a)average no taller than 6 feet;(b) have a gap of between 6 and 10 inches—but never fewer than 6 inches—between the its rail
and the surface of the ground; and (c)be made of black chain link whose jagged wire ends at both the top and bottom would be enclosed or sealed so as to prevent animals from being entangled
or injured. Accordingly, the revised Plan includes two details: one depicts a typical wildlife opening and the other a typical fence section, which clarifies that the maximum height
of the fence is measured from the groundto the top rail and includes the required gap.
In issuing its Negative Superseding Determination of Applicability, the Mass DEP referred to the revised Plan to find that “…[t]he fence is open on both ends and does not enclose any
area. A gap between the ground and the bottom of the fence will be no less than 6”. Three wildlife openings divide the fence into four separate sections as shown on the [Wetlands Permit
Plan, dated August 18, 2021]. Each wildlife opening is offset with an unattached fence section leaving two gaps no less than 18” wide from top to bottom.”
Current situation: Following the installation of the fence, many people observed that the fence appears to be out of conformity with the average height and minimum gap details noted
in Ms. Wilson’s letter, the Mass DEP’s Negative Superseding Determination of Applicability, anddetailed on the Wetlands Permit Plan. To confirm these observations, a series of measurements
was taken (please see the accompanying spreadsheet). Additionally, the fence is not open at its ends but has padlocked gates, and the top and bottom edges of the chain link are not enclosed
or sealed at the rails. The accompanying photos of the fence depict each of these areas of apparent nonconformity. Furthermore, several people have questioned whether the gaps for wildlife
in the fence openings are at least 18” wide from top to bottom.
Requested action: In light of the foregoing, the Friends request the Commission to conduct a site inspection at 1246 Bumps River Road, Centerville, and thereafter place this matter on
a meeting agenda so that members of Commission and the general public can discuss fully their concerns.
Sincerely,
Mary St. George
Vice Presidentcc:Hon. Louise Foster, Vice Chair Hon. John Abodeely Hon. George Gilmore Hon. William Hearn Hon. Peter Sampou Hon. Angela TangneyHon.
Paula K. Schnepp, Town Council Liaison to the Conservation Commission Ms. Ann Canedy, Chair, Land Acquisition and Preservation Committee Mr. Lindsey Counsell, Chair,
Community Preservation Committee