90-Acre Bay View Bogs Restoration Faces Scrutiny Over Tidal Floods and Public Access

Key Points

  • Bay View Bogs restoration plans for 90 acres in West Yarmouth move forward to January
  • Board approves 14,000 square foot clearing for new Heritage Drive home in toad habitat
  • Neighbors voice flooding and privacy concerns over proposed hospital-area boardwalk
  • New residential elevations approved to meet FEMA flood zone requirements in Great Island
  • Christian Boba joins the Commission as its newest volunteer member

A sweeping 90-acre ecological restoration project at the former Bay View Bogs in West Yarmouth is moving closer to reality, though neighbors remain wary of how shifting tides might impact their backyards and privacy. The collaborative effort between the Cape Cod Conservation District, Cape Cod Hospital, and the state’s Division of Ecological Restoration aims to return 46 acres of abandoned cranberry bogs to their natural wetland state. Mark Forest, chairman of the Cape Cod Conservation District, described the initiative as a collaborative effort to restore the environment of an abandoned cranberry bog and provide therapeutic benefits for the hospital community and neighbors.

Project consultant Julie Busuff of Fuss & O'Neill explained that the current bog surfaces are transitioning toward uplands because existing agricultural ditches drain water too quickly. The plan involves process-based restoration, which Busuff characterized as undoing alterations, re-engaging groundwater, and exposing the native seed bank. She warned that while construction might look like a bomb went off initially, the area would quickly naturalize with a lumpy surface designed to provide diverse habitats. Vice Chair Paul Huggins questioned the technical execution of the water management, asking, How are final grades established? I don't see a sequence or phasing to control water movement. Busuff clarified that existing infrastructure would be used for control during construction, with the final tidal outlet being the last piece installed.

Abutters shared significant concerns regarding the project's impact on local property. Resident Julie Silver, who presented photos of high tides reaching her fence on Highland Street, stated she was concerned about water levels and worried that changes to the tidal flow might worsen conditions. Abutter Chris Gley raised security issues regarding a proposed boardwalk, noting, I think as an abutter obviously very concerned about... having too much public access into our backyards. Meanwhile, Rick Bishop expressed 100% support for the environmental benefits but questioned why the town’s undersized culvert under Park Avenue wasn’t a larger part of the study. Motion Made by J. Frost to continue the hearing to January 15th. Motion Passed (Unanimous).

The Commission also navigated a sensitive proposal for new construction at 21 Heritage Drive, where Myron Sons Incorporated plans to build a four-bedroom home on a lot within an endangered species habitat. Darren Meyer, representing the applicant, noted the project requires removing approximately 14,000 square feet of woods. Member Elly Tierney scrutinized the loss of local flora, noting a survey of 62 pines, 51 white oaks, and 36 eastern red cedars on the site, asking, Are these targeted for removal? Meyer responded that the majority are 6 to 10-inch saplings and that no mitigation was planned as the rest of the lot would remain wooded. Conservation Agent Britney identified the property as eastern spadefoot toad habitat, leading the board to require specific protection measures. Motion Made by J. Frost to issue an Order of Conditions with special conditions including drainage requirements for the paved driveway and habitat protections. Motion Passed (Unanimous).

Residential renovations were approved for several other properties along the coast. At 146 Mayflower Terrace, Robert Kelly and Keith Goyier proposed altering a ranch-style home into a salt box style to accommodate a second floor. Member Patricia Mulhearn clarified that a proposed deck expansion would be handled under a separate filing after the board warned that new coverage in the 35-foot buffer would require a variance. Motion Made by J. Frost to issue a Negative 3 Determination with conditions requiring the planting of two trees. Motion Passed (Unanimous). At 6 Chilton Road, Joseph Dipio received approval for a house replacement after revisions eliminated extra coverage in the buffer zone. Member John Frost told the applicant, I think that you're to be commended for sticking around for several long meetings and that you have responded well on this. Motion Made by J. Frost to issue an Order of Conditions. Motion Passed (Unanimous).

In Great Island, Steven and Allison Brinkman were granted permission to elevate a dwelling at 361 Great Island Road by three feet to comply with FEMA’s 50% rule for substantial improvements. Kieran Healey of ESC Group noted the team reduced coverage minimally and would maintain a gravel driveway. Motion Made by J. Frost to issue an Order of Conditions pending a DEP number and a revised mitigation table. Motion Passed (Unanimous).

The meeting marked the debut of new member Christian Boba. Chair David Bernstein welcomed him, stating, I thank him for his voluntary efforts for the town and wish him well in this important work, to which Boba replied, Thank you. The Commission also briefly discussed the Community Preservation Committee’s annual plan, with Bernstein urging members to suggest conservation priorities like land purchases at Taylor Bray Farm or phragmites management at Chase Park before the January 28 public meeting. Motion Made by J. Frost to approve the minutes of December 4. Motion Passed (Unanimous).