National Grid Wins Approval for LNG Tank Clearing Despite "Moon Surface" Forest Concerns
Key Points
- National Grid approved for major tree clearing and grading at Whites Path LNG facility
- Ecological restoration of 110 Ware Road bog moves forward with bi-weekly site inspections
- Englewood Beach Condo Association hit with enforcement order over unauthorized tractor use on beach
- Grove Street stormwater retrofit approved to reduce nitrogen and bacteria in Hyannis Inner Harbor
- Retaining wall project at 22 Driftwood Lane continued to achieve "net zero" fill through wall realignment
The Yarmouth Conservation Commission cleared the way for significant utility infrastructure and ecological restoration projects during its February 19 meeting, though not without sharp questions regarding the loss of local forest cover. National Grid received a green light for its stormwater management permit at 127 Whites Path, a move that will allow for extensive tree removal and grading to accommodate a new LNG tank. The project drew scrutiny from the board due to the scale of the clearing required near the rail trail.
Staff member Brittany confirmed the project had successfully navigated a peer review process and met all requirements of the town’s stormwater management bylaw. However, Member Patricia Mulhearn expressed deep reservations about the visual and environmental impact of the work. Where are they going to clear? They're turning it into the surface of the moon over there,
Mulhearn said. Matt Wnjak, representing National Grid, explained that the clearing is a functional necessity of the project’s timeline. The reason we have to clear for the new tank is because there's a period of time when the existing tank is going to be in service and then we're going to need to build a new tank,
Wnjak told the commission. Vice Chair Paul Huggins used the discussion to advocate for stricter local protections, suggesting, I think we ought to get a town bylaw. You take something out bigger than 20 inches and you got to plant five trees.
Despite the concerns over the loss of trees, the commission noted it lacked the jurisdictional authority under current bylaws to mandate replacement plantings outside of wetland areas. Motion Made by an unidentified member to issue the Stormwater Management Permit. Motion Passed (6-0).
In a major win for local environmental efforts, the commission approved a comprehensive ecological restoration project at 110 Ware Road. The initiative, spearheaded by the Town of Yarmouth and the Friends of Bass River, involves restoring a former cranberry bog and stream, removing tidal restrictions, and improving public access. Rick Bishop of the Friends of Bass River noted that the project had finally secured necessary feedback from state agencies. We were waiting for DEP numbers as well as comments from Mass Division of Marine Fisheries, which the commission has received. I think we've satisfied everything we were looking for from the last hearing,
Bishop said. To protect local wildlife, the Division of Marine Fisheries (DMF) mandated specific work windows. Staff member Brittany explained, The DMF is going to put two time-of-year restrictions on the work. One from March 15th to June 30th to protect eels and one from September 1st to November 15th to protect the sensitive life stages of diadromous species.
Chair David Bernstein emphasized the need for oversight during the complex restoration, stating, I think the only discussion we had has to do with an on-site person coming to check on the work. I think we are proposing every two weeks.
Motion Made by an unidentified member to accept this notice of intent with conditions. Motion Passed (6-0).
The town’s push for nutrient reduction continued with the approval of a stormwater retrofit at the end of Grove Street. Nate Weton of the Yarmouth DPW highlighted the urgency of such projects, noting that polluted stormwater is the number two source of excess nutrients in our streams, ponds, rivers, and estuaries.
The plan involves removing 800 square feet of pavement to create a bioretention area. Janelle Vary of the Horsley Whitten Group explained the goal is capturing and treating the water running down Grove Street before it discharges into Hyannis Inner Harbor.
Amy Ball, also of Horsley Whitten, defended the use of sand fences at the site, noting they help accumulate sediment and channelize foot traffic
away from sensitive dunes. Chair Bernstein questioned the impact on local amenities, noting, Obviously people must park there. Now, you're taking away that parking, correct?
Vary responded that the team did not believe the area was a primary parking location. The discussion also touched on the illegal storage of kayaks on the dunes, an issue currently being reviewed in a town-wide way to water
study. Motion Made by P. Mulhearn to issue an order of conditions with special conditions. Motion Passed (6-0).
A more contentious tone emerged during an enforcement hearing for the Englewood Beach Condo Association. Chair Bernstein reported witnessing significant unauthorized disturbance and heavy machinery marks on the beach. Jessica Demar, the association’s board president, apologized for the situation, explaining the board was new and had removed a rusty fence for safety. We actually the board members do not live there. We are a new board. We had a challenge with this fence; it's rusty and the snow plow bumped into it. We had to get this fence out of the way,
Demar said. She claimed the intent was to do the work by hand, but Bernstein countered, I will take exception to you saying there wasn't any machinery because I saw it there and you can see the tractor tire marks. It was quite a big tractor.
The commission issued an enforcement order requiring the association to restore the grade by hand and file for proper permits before installing a new fence. Motion Made by an unidentified member to issue an enforcement order for an RDA for a new fence and restore former grade with hand raking. Motion Passed (6-0).
In other business, the commission reviewed a proposal for a retaining wall at 22 Driftwood Lane. Chuck Roland of Cape & Islands Engineering explained that the existing timber wall is rotted out and needs to be replaced to prevent collapse.
Following a request from the board to minimize the impact on the riverfront area, Roland suggested he could shift this wall in about six inches and we could probably end up having a net zero
volume of fill. During a lighthearted moment regarding planting plans, Vice Chair Huggins joked about avoiding certain ground covers, remarking, For the mix of ground cover, I feel like I'm channeling Ed [Higgins]. Creeping Juniper... Barnstable Conservation hates it.
Motion Made by an unidentified member to continue the hearing to March 5, 2026. Motion Passed (6-0).
The commission also quickly approved a bulkhead replacement at 56 Pleasant Street. Engineer Bob Perry detailed the plans for a new marine seawall, noting that the old material would be removed from the site completely
and replaced with a system utilizing helical anchors. Motion Made by an unidentified member to accept the notice of intent. Motion Passed (6-0).