Town of Wellfleet, MA - Winter 2006 Newsletter

WELLFLEET NONRESIDENT TAXPAYERS ASSOCIATION NEWSLETTER

Wellfleet, MA: Winter 2006 Vol. IV, No. 1

President: Aida Donald

Vice Presidents: Sam Frank; James Hood

Secretary: Lila Croen

Treasurer: Curtis Lippincott

Directors: Dorothy Altman; Tom Baratz; David Garrison; Alice Iacuessa; Diane Mangiaratti; Marian Lief Palley; Edwards Rullman; Jerome Sadow; May Ruth Seidel; John Siegel; Marilyn Silver; Mary VonKaesborg; Elga Wasserman;

Administrative Consultant: Jean Schaefer

Editor: Marian Lief Palley

A NOTE FROM THE EDITOR

We just spent a weekend in Wellfleet and enjoyed the sounds and smells of our wonderful town. It was cold and snowy but nonetheless it was a delightful weekend. We keep a picture of Wellfleet on the wall in our kitchen and every morning as we eat our breakfast we see the harbor and panoramic scenes and all that we love about Wellfleet.

In these pages we hope to share with you some of the happenings of our glorious town. In this issue we have focused on harbor issues. In addition, some news about home owners insurance is provided for your information.

We are continuing our “Letters to the Editor” section and we hope that you will consider sending us a letter for a forthcoming issue of the Newsletter. You can send letters to me at mpalley@udel.edu

I want to take this opportunity to wish you all a very happy new year.

TABLE OF CONTENTS

A note for the Editor ……………… 1

A Message from our President …... 1-2

An Invitation ……………………… 2

2005 Wellfleet Harbor Management

Plan …………………………. . 2-5

Insurance News …………………. .. 5

Letters to the Editor …………….. 5-6

A MESSAGE FROM OUR PRESIDENT

It's a great pleasure to be in touch with you via our Newsletter, and to give you some news about what we have been doing in the months since we last met.~

Vice President Jim Hood is gathering information on the finances of the town, and will make a presentation at one of our summer meetings.~ We are looking into the reasons why the Outer Cape Health Services no longer will give blood tests with a prescription from a doctor who is not practicing at the OCHS, and we are seeking solutions.~ Do tell me if you have been using this service, and have had to look elsewhere, this past summer, for it.~ Dorothy Altman is keeping us up-to-date with the Wellfleet Comprehensive Plan. I am collecting emails from all of you as to what your several concerns are, and I will address them directly to you, as I receive them, or at a membership meeting on public services and town policies,~ e.g., on roads, fire and police protection, assessments, &c.~ We have updated our committee lineup, and I urge you to visit our website, which is a part of Wellfleet's web site.~ All chairmen are listed and available to you.~ I hope as many of you as possible have signed~ up to serve on committees and are shaping committee agendas.~ Do contact me at aida_donald@harvard.edu~ with any thoughts, comments, or questions.~~ I wish you all merry holidays and a happy new year.

You are invited to join the WNRTA Drinking Water Study Group. Our goal is to assure that everyone in Wellfleet has access to potable drinking water. To that end we will learn about progress made and problems encountered and we will share what we learn with our members. The topics we hope to cover are:

1. The newly appointed Water Commissioners;

2. Any actions proposed to expand the Town's Municipal Water System;

3. Conservation of ground water;

4. Possible supply of potable drinking water in South Wellfleet;

5. Barnstable County's Wastewater Collaborative as it relates to improved drinking water;

6. A possible private water system.~

If you have an interest in Wellfleet's~drinking water and would like to work on any one of the above suggested topics please contact me at hmsmrs@aol.com or 6336 Sunny Spring, Columbia, MD, 21044-3731

May Ruth Seidel, chair of the WNRTA Drinking Water Study Group

2005 WELLFLEET HARBOR MANAGEMENT PLAN

This article is a summary of parts of the 2005 proposed Wellfleet Harbor Management Plan which aims to inform Non-Resident Taxpayers of some of the recommendations on the harbor being made to the town. This plan is an update of the 1995 plan. Both plans can be found in the library, and the 2005 plan is on the towns website www.wellfleetma.org. It was compiled by the Town of Wellfleet Natural Resources Advisory Board which was established by Town Meeting in 1987. Douglas Franklin was the Chair when the report was created. The NRAB which sought (and is still seeking) input from all interested parties used no outside consultants and expense was minimal. Basically it entailed “a public conversation.” The plan has considered “the Harbor” in its widest definition including such bodies of water as Duck Creek, Mayo Creek, Blackfish Creek, the Herring River estuary, Chipmans Cove.

During this “conversation” the NRAB found agreement on eight broad themes, and these underpin the report:

3. Traditional and historical uses

4. Respect for local employment

6. Long term perspective

8. Valuing natural processes

The report is thorough and divided into nine chapters:

1. History of Wellfleet Harbor

2. Coastal Water Quality

3. Natural Resources

5. Shoreline Land Use

6. Tidal Restoration (Herring River and other Restricted Marshes)

Each chapter cites evidence gathered by the NRAB and based on this evidence several recommendations are put forth to improve or maintain the quality of the harbor. The following are a sampling of the many recommendations offered and are quoted directly from the proposed plan.

Recommendation for remediation: We believe there is enough known about nutrient overload in Wellfleet harbor to begin planning for remediation. The state will recognize and give credit for remediation efforts already underway in the Town (”active management”).

The key sites for remediation planning are:

Duck Creek improved flushing by opening the RR dike and Mayo Creek; create a shellfish sanctuary north of the dike;

Chipmans Cove consider special nitrogen wastewater limits for the Cove area, recognizing the critical importance of the Cove to Wellfleets shell fishing, both recreational and commercial;

Herring River open the Herring

Blackfish Creek open the tidal

restrictions at the east end of the

Opening Mayo Creek could reduce sedimentation in the north channel, provide additional flushing water to the inner harbor and restore a degraded marsh. It is recognized that there may be some properties in the Mayo Creek flood plain. A mandatory first step would be to survey the topography of Mayo Creek to determine the volume of possible tidal inflows and the effect on flood plain properties. Simple protective diking may be required. It may also be the case that above ground septic systems may be required: this should be seen as an opportunity to reduce nitrate flows into drinking water and the harbor. Many of the benefits of Mayo Creek restoration could still be achieved by using a self-regulating tidal gate that would limit effects on the flood plain properties.

Recommendation on beach and dune: We must have a system of beach restoration around the harbor. Remedies will be site specific and will be guided by the OConnell report*. In some cases, direct sand replenishment will be appropriate. Construction of "soft" revetments - either by new techniques or by retrofit to old structures can also be used. These "soft" revetments mimic the action of natural dunes by periodically adding sand and plantings to the revetments so that they act as a dune. Any order of conditions for revetment, groin or seawall construction or replacement should include sufficient steps to avoid unnatural beach or dune loss.

*(Study of shoreline change in Wellfleet by Dr. Jim OConnell, Woods Hole Oceanographic Institute, 2005)

Recommendation on salt marshes and tidal creeks: Some areas of the harbor are recognized as critical wildlife habitats, for ducks, shorebirds, terrapins and shellfish. They deserve special protection. We propose that four areas be designated as "natural resource sanctuaries." Much of the shore of these areas is already conservation land.

North and east of Field Point,

East of a line from Pleasant Point

landing to the Old Wharf Point;

East of a line starting from the Lt. Island boathouse mooring, around the west end of Lt. Island to South Sunken Meadow;

Loagy Bay, south of a line from “the Hook” on Lt. Island to the south end of Old Wharf Point;

Chipmans Cove, the ACEC part

south and east of the mooring basin;

An eelgrass restoration area, to be

determined, on the west side.

The following regulation should be established for these sanctuaries:

Current moorings, wild shell fishing, aquaculture, fishing and hunting are allowed;

No new moorings or new grants in

Shellfish dragging is not allowed

Boating in these areas to be on a no

The uplands surrounding these sanctuaries are also important for their preservation. These uplands should be protected through a combination of zoning regulations, conservation restrictions and conservation land purchases; fortunately, many of these uplands are already protected.

Recommendation regarding water sports: Consider designating appropriate activity areas (as was done with windsurfing*) for kayak launching, water skiing / tube pulling, extreme sports, etc and publish right of way protocols for distribution through beach sticker program and Harbormasters Department.

(*No windsurfing within the designated swimming areas of Mayo Beach, within 50 feet of a swimmer, or within the mooring basin. At Indian Neck and Burton Barker Beaches, windsurfers must stay at least 50 feet from all swimmers. Windsurfing is prohibited from 3 hours before until 3 hours after low tide in the Mayo Beach vicinity)

Recommendation for Board of Health: A 100-foot naturally vegetated buffer zone should be created for all municipally owned parcels along the shore. Private landowners should be encouraged to follow suit through educational brochures. Americorps members should be enlisted to survey all parcels along the harbor shore to identify run-off problems.

Recommendation on Revetments: The NRAB is concerned about the long-term impacts of coastal armoring in Wellfleet and believes that there should be no new coastal armoring. We recommend the town should convene a “summit” of local boards and committees to strategize a creative solution to coastal erosion and sand transport in Wellfleet Harbor. The town should be a leader, rather than a passive observer, in seeking creative legal and environmental solutions to private human efforts to control nature. In addition, no maintenance shall be further allowed on existing coastal revetments, walls, and structures (heavy equipment causes damage to sand roads, wooden bridges, beach access points, beaches, and private and municipal parcels in the vicinity of construction sites). The “summit” should explore legal strategies, state and federal grants, purchase of parcels for open space, easements for sand transport, creative local tax policies (personal property tax on rocks over a certain size), and incentives for removal of existing man-made artificial structures. In addition, any dredging plan should first offer dredged sand to shorefront parcels that have refrained from coastal armoring solutions.

Recommendation on Slips and Moorings: The Natural Resources Advisory Board reaffirms its support for its recommendation made ten years ago (1995 Harbor Management Plan) that the current number of berths provides an ample opportunity for commercial and recreational boaters to use the resources of Wellfleet Harbor while maintaining water quality, protecting bordering wetlands and insuring a productive shellfish resource. The current mooring area borders the productive natural oyster bed in Chipmans Cove and shellfish grants inside the breakwater. Any expansion of the berthing area would displace these important resources. The area also lies within an Area of Critical Environmental Concern (ACEC).

Recommendation on waiting lists: The NRAB is concerned about the increasingly limited access to moorings and slips at the marina. Waiting lists for moorings and slips and the process should be open and understandable. To the extent lawfully allowed, residents should be granted preference versus non-residents. Currently, turnover is very low (5%); a greater percentage of space should annually turn over. A lottery might be established for a certain number of spaces. Transfer provisions should also be reviewed (family, death etc.). The Inspector Generals recommendations relative to Harwich last year should be consulted.

Recommendation on dredging: Before any further dredging occurs in Wellfleet Harbor, a dredging plan should be prepared by the Harbormaster for review by the Marina Advisory Committee, Conservation Committee and Natural Resources Advisory Board. The plan should include:

description of the dredging process;

plan for spoils removal;

pre-testing of sediments, for pollutants (such as heavy metals) and other risk elements (such as red tide spores);

proposal for scientific monitoring to determine any effects on adjacent ACEC designated areas and to determine rates of infill following completion of dredging.

There are several other recommendations in the thorough 97 page proposed plan and the NRAB wants the “conversation” to continue, however it hopes to present the plan to the town in early 2006. Therefore, comments should be sent as soon as possible to John Riehl at j.l.riehl@alum.mit and Doug Franklin at dougfranklin@juno.com, present and past Chairs of the committee.

(This summary was prepared by Alice Iacuessa.)

______________________________________________________________________________

There is distressing news for many home owners in Wellfleet. The~state's~home insurer of last resort, The Massachusetts Fair Plan, is requesting~ state regulators~ approve a 25% rate increase for a Homeowner's Policy for Cape Cod and the Islands. This is the biggest increase proposed in the state. Even as its profits are fat, the MFP wants more money.~~ The MFP made a $3 million profit in 2004, and expects to make a significantly larger one in 2005.~ The market share of~ the MFP is now 28%~of~ Cape homes,~up from 4% in five years.~ That is because many insurers have pulled out of the market.~ A change in state law has now dropped restrictions on how much the MFP can charge, and now~ allows the MFP to seek higher rates based on predicted hurricane losses. When the MFS experiences losses, they are immediately split among home insurers~ operating in the state, but profits are treated differently, and are not reimbursed to homeowners. With its profits, the MFP hopes to buy $13 million worth of~ reinsurance coverage. It will also invest profits.~ The Center for Insurance~ Research in Cambridge figures that the increase is too large and "analogous to price gouging by oil companies" in the wake of recent hurricanes. The insurance commissioner hopes to rule on the rate request later this year.~ Stay tuned.

(With thanks for information to Bruce Mohl, The Boston Globe, November 11, 2005.)

CONGRATULATIONS to WNRTA members Moe Barocas and Jean Schaefer. They were selected by the Board of Selectmen to serve on the Wellfleet Board of Water Commissioners.

LETTERS TO THE EDITOR

A couple of years ago, I found out through my insurance carrier that my house on Lieutenant Island was no longer insurable although I had never made a claim, the house is newly constructed and had been insured for about ten years. I subsequently learned that, without informing any of the homeowners on the island, the Wellfleet Fire Department has established a policy that it will no longer provide fire protection services to Lieutenant Island during high tides which cover the roadway. The reason was and remains that crossing over to the island at high tide might damage the fire trucks.

The past fire chief and the current fire chief both emphasized that the trucks were valued at over $500,000. When I advised both of them that the value of the houses and lives on the island far exceeded that amount and that the annual real estates taxes on island property also exceeded that amount, the chiefs were unresponsive and, despite several conversations and meetings, simply refused to work on developing a way to provide full time fire protection to the island.

The current chief informed me in a telephone conversation on November 16 that he didnt see why the town should “subsidize” those on the island. These remarks made it clear that he did not view us as part of the Wellfleet community. He has refused to address our concerns and attempt to work out a solution. In that same telephone conversation, the chief suggested that we get our own fire truck, train volunteers to fight fires and retrofit our houses with sprinkler systems. He also said that if we are so concerned, we could leave the island. He made it clear that we are not going to get full time fire protection from the Town of Wellfleet fire department.

Of course, contrary to the current chiefs claim that the town would be “subsidizing” the island, as taxpayers receiving many fewer services than the rest of Wellfleet, we are the ones who are providing the “subsidy”. One of the more troubling aspects of my conversations with town officials is their refusal to even think about a workable solution to any difficulties that might arise from providing fire protection during high tide. They are unwilling to recognize that there are only a few times during the year when the water is high, that the risk to the equipment is actually quite minimal, especially when compared to the danger to those on the island, and that there are ways to protect the equipment as well as the houses and lives on the island.

Presently, we are at an impasse with the fire department because of its refusal to recognize that they have any responsibility to provide service to the island during high tide. There is no substantial reason for the towns refusal to provide this basic service to the island and the Towns position certainly raises some interesting legal questions.

Meanwhile, I obtained insurance from the states FAIR plan but recent reports indicate that Fair plan rates for Cape Cod homes are likely to rise 25% this year.

Harvey M. Baumann, M.D.

---------------------------------------------------------

My husband and I are beginning to pursue cemetery options. As our family's attachment to Wellfleet has grown over the years, it is only natural that we would consider Wellfleet. If any of you are interested in pursuing Jewish cemetery options in Wellfleet, please contact me at jemdonowitz@hotmail.com of 410-467-7068. Jackie Donowitz