96-Foot Cell Tower and Surfside Seawall Win Approval Over Environmental Objections
Key Points
- Commission approves 96-foot steel monopole cell tower at 1044 Route 28 to replace previously permitted clock tower
- Board rejects "homeowner special" unpermitted boardwalk at 61 Pheasant Cove Circle pending removal from plans
- Surfside Terrace seawall approved to be raised by one foot despite split vote and concerns over beach scour
- Red Jacket and Blue Water resorts secure beach management permits with strict piping plover and nourishment triggers
- Two-year-old bank stabilization failure at Channel Point Drive leads to new three-year invasive treatment plan
The Yarmouth Conservation Commission cleared the way for a significantly redesigned wireless communications facility at 1044 Route 28, trading a previously approved clock tower design for a 96-foot steel monopole. Jeff Mason of Lucas Environmental explained that the shift followed a request from the Zoning Board of Appeals for reduced visibility. The tower design changed from a clock tower design to a 90-foot steel monopole,
Mason told the commission, noting that the total height reaches approximately 96 feet above mean sea level. The new design reduces the facility's footprint in flood-prone areas by 330 square feet. Member E. Tierney raised questions regarding underground infrastructure, stating, I just want to make sure there's no surprises underground that would impact excavation.
Member J. Frost inquired about future-proofing the site, asking, How many antenna is this supporting or could?
Conservation Agent Britney requested specific modifications to the fencing to allow for the passage of floodwaters, noting that the detail didn't show the clearance between the slats or underneath.
Motion Made by E. Tierney to approve the amended Order of Conditions with special conditions regarding fence slats. Motion Passed (6-0-0)
A contentious proposal for a seawall replacement at 10 Surfside Terrace highlighted a divide between property protection and coastal preservation. Homeowner Thomas Grimes sought to raise his seawall by one foot to combat increasing storm intensity, arguing that an extra foot seems like a reasonable moderate change
to protect the environment and his home. However, the project faced sharp opposition from attorney Paul Revere, representing an abutter, who argued that increasing hardscape in a velocity zone is prohibited. The concept that I've always thought was we want to have soft solutions,
Revere said. We don't want to increase hardscape in an area subject to wave action.
Member J. Frost expressed concern over end scour
—the erosion of neighboring beaches caused by waves bouncing off hard walls—citing Coastal Zone Management guidelines that suggest using stone riprap to dissipate energy. Mark Burgess of Shorefront Consulting countered that the bulkhead has existed for 70 years without evidence of such damage. Motion Made by E. Tierney to approve the project with conditions including time-of-year restrictions. Motion Passed (5-1-0) with J. Frost voting nay.
The commission took a harder stance against unpermitted work at 61 Pheasant Cove Circle, where a homeowner sought after-the-fact approval for a boardwalk and deck built in a wetland. Presenter Dan Ojala described the structure as a homeowner special
built out of ignorance of local regulations, characterizing it as fairly benign.
The board was not persuaded. I think we have to stop forgiving because there's a little bit too much of it where things are done and later on you come back, 'oh, I didn't know,'
said Member P. Mulhearn. Member B. Bower criticized the construction of the boardwalk, noting that the vegetation underneath has died
because the structure was not designed to allow growth. Agent Britney also flagged an incomplete
wetland delineation that she suggested was conveniently
drawn along a fence line. Motion Made by J. Frost to continue the hearing to April 16 to allow for the removal of the boardwalk from the plan and a proper wetland delineation. Motion Passed (6-0-0)
Beach management plans for the Red Jacket and Blue Water resorts also drew scrutiny, particularly regarding the trigger
for future beach nourishment and the protection of piping plovers. Bob Perry of Cape Cod Engineering explained that the resorts were not seeking immediate sand placement but were preparing for future storm damage. It makes sense to prepare and try to permit the site for a future condition,
Perry said. Member B. Bower cautioned the applicant about the sensitivity of nesting data, noting that we don't normally share the specific location of clover nests publicly.
Agent Britney recommended that any actual sand nourishment require a separate public hearing in the future. Motion Made by E. Tierney to approve the Red Jacket beach management plan pending a revised plan. Motion Passed (5-1-0) with J. Frost voting nay. A subsequent motion for the Blue Water property followed the same result. Motion Made by E. Tierney to approve the Blue Water beach management plan with identical conditions. Motion Passed (5-1-0) with J. Frost voting nay.
In other business, the commission approved a deck expansion at 146 Mayflower Terrace despite its location within the 35-foot buffer to a salt marsh. Kieran Healey of BSC Group offered a 5-to-1 mitigation ratio, which Agent Britney argued provided an overwhelming benefit
by creating a 12-foot vegetated buffer where none existed. Motion Made by E. Tierney to approve with special conditions. Motion Passed (6-0-0) At 8 Flintlock Way, the board approved a permeable driveway and patio after Wayne Tavares of Wet Tech Land Design adjusted the plans to protect a tupelo tree. We corrected the driveway entrance to protect the tupelo as much as possible,
Tavares said. Motion Made by P. Mulhearn to approve with conditions. Motion Passed (6-0-0)
Finally, the commission addressed a failed stabilization project at 2 Channel Point Drive. Paul Manuso of BSC Group admitted that the bank had been destabilized because of invasive species management
and multiple planting attempts had failed. He proposed a three-year chemical treatment plan. Agent Britney expressed hesitation to close out the original permit, noting the entire bank is bare soil.
Member B. Bower suggested keeping the permit open until 2029 to ensure the bank eventually reaches stability. Motion Made by B. Bower to approve the invasive management plan but continue the Certificate of Compliance request to May 21. Motion Passed (6-0-0)