HomeMy WebLinkAboutComment Letter Jasmine Rosner_Re_ NOIs by Fitzpatrick and Sullivan_HasselFrom: Jasmine Rosner <rosner.jasmine@gmail.com>
Sent: Tuesday, November 28, 2023 10:17 AM
To: Cavanaugh, Kimberly
Subject: Re: NOIs by Fitzpatrick and Sullivan/Hassel
Sending my note to Kimberly, as I received a message that Darcy is out today.
On Tue, Nov 28, 2023 at 10:08 AM Jasmine Rosner <rosner.jasmine@gmail.com> wrote:
Barnstable Conserva on Commission
367 Main Street
Hyannis, MA 02601
Dear Commissioners:
I am an abu ng property owner and I have reviewed two No ces of Intent (NOIs) before the Commission
today:
· No ce of Intent by Robert Fitzpatrick to construct a pool, pa o, and cabana at 38 Ocean Avenue,
Hyannis, as shown on Assessor ’s Map 288 Parcel 182-002
· No ce of Intent by Darryl Sullivan and Aisling Hassel to demolish an exis ng garage and construct
a pool, pa o, and cabana at 48 Ocean Avenue, Hyannis, as shown on Assessor ’s Map 288 Parcel 182-
003
The Commission should require buffer zones for each NOI that are a minimum of 100 feet for the reasons
below.
While I am not opposed to development on these lots, both of the NOIs propose construc on within a 100
foot buffer zone bordering vegetated wetland that is a part of Stewart ’s Creek. Stewart ’s Creek is a
combina on of salt marsh and freshwater wetland.
Today the health of the Stewart ’s Creek ecosystem is poor and the Commission must act to protect the
wetlands from the impact these projects will have on the health of Stewart ’s Creek.
Swimming at Keyes Memorial Beach, which is directly connected to Stewart ’s Creek, is too o en impossible
because of unsafe water quality. In 2022, 25% percent of the bi-weekly samples at Keyes Beach failed to pass
the Barnstable County Department of Health and the Environment ’s water quality tes ng (See Swim Guide,
Keyes Beach, available at h ps://www.theswimguide.org /beach/3393). Recrea onal shellfishing has also
been closed frequently over the years due to poor water quality. Stewart ’s Creek is an integral part of the
Lewis Bay system, and the Commission must act to protect it from further degrada on. A buffer zone of at
least 100 feet will mi gate the impacts to the Stewart’s Creek wetlands and in turn protect water quality at
Keyes Beach for all users.
The Commission's regula ons require considera on of wider buffer zones when the slope of the undisturbed
buffer zone exceeds 18% (See Town of Barnstable, Code, Chapter 704(G), Wetlands Buffer Zone Ac vity): “In
cases where the slope of an undisturbed buffer exceeds 18%, or in any instance where the scope or nature of
the project is likely to require a greater spa al offset to wetland resource areas, the Commission reserves the
right to increase buffer zone width to a more suitable dimension.” Both NOIs have slopes in excess of 18%
within the 50 foot buffer zone:
· The plans for 38 Ocean Avenue appear to show slopes of 26% within the 50 foot buffer and 21%
within the 100 foot buffer.
· The plans for 48 Ocean Avenue appear to show slopes of 24% within the 50 foot buffer and 22%
within the 100 foot buffer.
Because the slopes for both NOIs exceed 18%, an addi onal buffer zone beyond 50 feet is needed to prevent
adverse impacts on the wetland from runoff because steeper slopes contribute to nega ve impacts, such as
concentrated water flows, and further, in recent years, stormwater events have been increasing. Therefore, a
100 foot buffer zone, or greater, would enable the Commission to mi gate the nega ve effects of erosion,
sedimenta on, and surface runoff from developed sites associated with stormwater runoff entering the
Stewart’s Creek wetland.
Finally, the Commission must consider the cumula ve effects of the NOIs that, as proposed, could adversely
affect the Stewart ’s Creek wetlands. Both NOIs propose construc on that will increase impervious surface
area both within the 100 foot buffer zone and throughout the site.
A 100 foot buffer zone is an appropriate tool for the Commission to employ to mi gate the cumula ve
effects of development on the Stewart ’s Creek wetlands (See Town of Barnstable, Code, Chapter 704(D).
Cumula ve Effects).
Thank you for considering my comments.
Sincerely,
Jasmine Rosner
160 Marston Ave #5
Hyannis, MA 02601