The Wellfleet Annual Town Meeting voted to amend the Town’s Environmental By-Law by adding protection of the Wellfleet Harbor Area of Critical Environmental Concern (ACEC) to existing protection of wetlands and land subject to flooding.
See the Annual Town Meeting Minutes of April 26, 2010, pp. 28-30.
A proposed Town Bylaw amendment to add protection of the Wellfleet Harbor Area of Critical Environmental Concern (ACEC) to the Town’s Environmental Bylaws is on the Warrant for Town Meeting on April 26, 2010.
The Bylaw would authorize the Conservation Commission to protect land within the ACEC in the same manner it now protects wetlands and floodplains.
The Bylaw notes that “Areas of Critical Environmental Concern (ACECs) are places in Massachusetts that receive special recognition because of the quality, uniqueness and significance of their natural and cultural resources.”
The Bylaw was recommended by the Board of Selectmen and Conservation Commission, both by 5-0 votes, and was opposed by the Bylaw Committee by a 2-1 vote.
If approved, the Bylaw would allow the Commission to adopt specific Regulations to protect the ACEC.
The proposed Bylaw is Article 35, on pp. 26-29 of the Warrant.
The Board of Selectmen reviewed the multi-year history of Town efforts to develop alternative energy sources and the wind turbine project in particular at their meeting on March 30, 2010.
Board members summarized their own views of the pros and cons of the proposed turbine at the White Crest Beach site.
After acknowledging all the efforts by Town committee members, they voted 5-0 to halt the project.
Although Warrant Articles relating to the project have been published, they are likely to be withdrawn at the April 26, 2010, Town Meeting.
For more details, see “Wellfleet Selectmen Kill Turbine Plan“, by Doug Fraser, Cape Cod Times, March 31, 2010.
A proposed amendment to the Town’s Zoning By-Law would increase the allowed height of a wind turbine to 415 feet from 400 feet and would require anyone applying for a Special Permit to build to demonstrate the height of the turbine hub and of the blade tip by use of balloons or a crane.
There will be a public hearing on the proposed amendment on Wednesday, April 17, 2010, at 7:00 pm at the Senior Center.
The Wellfleet Conservation Commission voted to adopt the existing boundaries of the Area of Critical Environmental Concern (ACEC) and flood plain without additional buffer zones at its January 20, 2010, meeting. This avoids conflicting standards between the buffer zones and the protected zones themselves.
Draft language to do this will be prepared for the Warrant for the spring 2010 Town Meeting. See the Commission’s Minutes.
The Conservation Commission was informed that the State’s review of the proposed ACEC Bylaws found no problems. At its December 2 ,2009, meeting, the Commission discussed having another public hearing on the ACEC Bylaw and making some revisions before presenting it to Town Meeting for approval.
Vandals have removed stakes from the site of the proposed White Crest Beach wind turbine, the Wellfleet Energy Committee vice-chair has resigned, and project opponents have voiced vehement objections to the CCNS as well as to the Town. See “Wellfleet Wind Turbine Plan Hits Turbulence“, K.L. Lum, Wicked Local: Wellfleet, January 15, 2010.
Wellfleet Energy Committee member Geof Karlson has described “attempts to intimidate Wellfleet voters, selectmen, town volunteers, and even National Seashore staff, into repudiating this project”. “Ugly Tone Besets Wellfleet Project“, Cape Cod Times, January 20, 2010.
The turbine project opponents’ website is saveourseashore.org.
The Wellfleet Energy Committee issued a summary of the status of the White Crest wind turbine project as to its environmental, health and safety, legal, appropriateness, and financial impacts.
The report is on the Town’s website together with earlier site, acoustic, flicker, zoning, and funding studies.
The Committee also has posted a draft budget projection, showing annual average revenue of $249,553 over 20.5 years.
For National Park Service policy on preserving the natural acoustic environment in national parks, see its “Explore Nature/Natural Sounds” website:
The symphony of natural sounds within our national parks is an important natural resource and a critical component of the ecological communities that parks seek to preserve. …
The National Park Service Organic Act mandates the preservation and/or restoration of natural resources within parks, including the acoustical environment. Noise can impact the acoustical environment much like smog impacts the visual environment.
The Town’s Natural Resources Advisory Board is reviewing the Town’s great ponds and is seeking homeowner input in its preparation of a management plan for these ponds. These ponds are within the Gull Pond and Great Pond complexes plus four others.
All but one of these ponds in Wellfleet lie within the CCNS. Under state law, towns have jurisdiction over great ponds within their boundaries.
The NRAB has identified several issues for the management plan, including water quality, shoreline access, and shoreline and Town landing use.
NRAB Chairman John Riehl has written to homeowners on these ponds inviting observations, concerns, and suggestions for action. Responses may be sent to him at Town Hall or delivered directly at an NRAB public meeting, which occur monthly at Town Hall.
Several studies regarding the feasibility, impacts, and funding of the Town’s proposed wind turbine near White Crest Beach are available on the Town’s website, as well as a map of the site. They include a Preliminary Site Analysis by the UMass Renewable Energy Research Lab, a Feasibility Study by Black & Veatch, a Flicker [shadow] Analysis by the UMass Wind Energy Center, a PowerPoint presentation of the Funding Overview, and the 2008 Zoning Bylaw.
Several speakers raised questions about the proposed wind turbine to be built near White Crest Beach and about the CCNS’ position regarding the turbine.
See “Wind Turbine Plan Meets Resistance in Wellfleet“, by Kaimi Rose Lum, Provincetown Banner/Wicked Local:Wellfleet, November 29, 2009.
Voters at a Special Town Meeting on October 26, 2009, approved initial spending for preliminary studies and permits for a 400 foot wind turbine to generate electricity for the Town’s use and to produce revenue for the Town from excess generation.
In the Cape Cod Times, Mary Ann Bragg writes: “Voters approved borrowing $290,000 to pay bid documents and permits for the turbine, a land survey, bird and wildlife studies and a document needed to connect the turbine to an NStar electric company substation.”
“The turbine would, when fully operational, generate an estimated $250,000 worth of electricity annually. That’s roughly $70,000 to $80,000 above the town’s yearly NStar bill, officials said.”
“Last night’s approval occurred with a required two-thirds vote, based on the requirements of state Proposition 2½ law that sets limits on property taxes. The borrowing must still be approved by a ballot vote today.”
Read the full article here.
The following day, voters approved borrowing $290,000 for turbine pre-construction expenses, by a vote of 273 to 110. See Cape Cod Times, October 28, 2009.
The Wellfleet Conservation Commission reviewed NSTAR’s plans for using herbicides to control vegetation near power lines at its August 19, 2009 meeting:
“[Conservation Agent] Andrew Petty reported he had attended the 8/12/09 NStar herbicide spraying meeting which covered their 5 year cycle on mowing and herbicide spraying. NStar stated they will use the lowest concentration of herbicides. FAC and NARC are the two regulatory agencies that determine the height of the vegetation, etc. Petty stated there were representatives and scientists speaking to satisfy the concerns of the citizens. If everything works to the optimum, the invasive plants will be eliminated. The spraying will be done by hand. ”
The Conservation Agents will also monitor fresh water algae in the ponds and recommend steps to limit substances being transfered from the ocean beaches to the ponds by bathers.
See the Meeting Minutes for details.
NSTAR agreed to suspend herbicide use to control vegetation under power lines in Wellfleet and Eastham in 2009, but said it would resume use in 2010. “NSTAR Freezes Plan for Lower Cape Herbicide Spraying“, Mary Ann Bragg, Cape Cod Times, September 4, 2009.
Wellfleet officials are seeking alternatives to herbicide use, including residents’ voluntary brush-cutting, and will consult with other Outer Cape officials and the Cape Cod Commission. “Wellfleet Officials Seek Herbicide Alternatives“, Mary Ann Bragg, Cape Cod Times, October 6, 2009.
The Wellfleet Conservation Commission held a public hearing on revised Environmental Protection Regulations regarding the Wellfleet Harbor ACEC and coastal floodplain on July 1, 2009.
WNSHA members Gooz Draz and Tony Sager spoke in support of the revisions’ objectives and commented on their improvement from an earlier draft and on possible substantive and technical changes.
The Commission summarized the public comments as follows:
The Commission requested comments from the audience. Agent Greenberg stated the Commission has not yet received comments from Town Counsel or the State Association of Conservation Commission. Griswold Draz asked about the performance standards and wanted to know if the ACEC regulations are different from the Wetlands Protection Act. He recommends simplifying the definition of buffer zones by stating it will include an additional 50 feet. Tony Sager, homeowner within the National Seashore, stated by dropping section B, the revised regulation would be easier to understand. He provided examples of the phrase “buffer zone” in several sections that were confusing. Agent Greenberg stated the Bylaws will have to be amended to include the ACEC. Sager would like to see a map online. Agent Greenberg stated it is very expensive to update information on a regular basis and the maps we are using are from 2005. Draz stated he would supply in writing his recommendations. ConsCom Minutes of 7/01/09.
The Commission is waiting for further advice from town legal counsel and the Massachusetts Association of Conservation Commissioners.
The revisions will not take effect on July 1, 2009, but will be subject to further review.
At its previous meeting on June 17, 2009, the Commission had continued its review of the draft regulations and the underlying policies (from its June 17 meeting Minutes):
Discussion: ACEC Regulations
Agent Greenberg distributed ACEC photographs which identified buffer zones and the floodplain. She stated the Commission needs to clarify its intentions: do we want the revision to the Wellfleet Environmental Protection Regulations to specify a 50 foot buffer zone or a 100 foot buffer zone beyond the 100 year flood zone and the ACEC line? As currently written, they call out a no-touch buffer zone of an additional 50 feet landward. There was discussion and clarification that the new regulations would not only put into place restrictions on the previously unregulated ACEC but on a buffer zone beyond the ACEC and beyond the 100 year flood zone. (The ACEC line is 100 feet landward from the 10 foot contour above sea level). Agent Greenberg also clarified that since the areas delineated by the state Wetlands Protection Act, the ACEC, and LSCSF do not coincide, the most restrictive would apply in any given case. The Commission discussed the recommendations from Griswold Draz regarding Section 4A, performance standards, and 4B. There was discussion regarding the relationship of variances to the revised regulations. Agent Greenberg reviewed the areas of the regulations that may require revisions to improve clarification. Agent Greenberg will work on a draft to present to the Commission with changes. There will be another public hearing on July 1, 2009.