PROVINCETOWN — The Mass. Dept. of Environmental Protection has proposed revisions to its wetlands regulations aimed at providing better protection to coastal floodplains from the effects of climate change, sea level rise, increased rainfall, and more intense storms.
The agency has been gathering public comments on the revisions, and Provincetown is among those with something to say. While officials here say they support the DEP’s goal, they fear the proposed changes might not be entirely possible in this town or could create significant economic hardship.
The regulations would prohibit new development in areas designated as FEMA “velocity zones” — areas where waves reach 3 feet or higher and that are considered at highest risk for storm damage — and would allow reconstruction in those zones only on open pilings and as long as it does not extend beyond the original building’s footprint.
In areas where waves are higher than 1.5 feet but under the 3-foot mark, designated the “moderate wave action zone,” the regulations would allow new development and redevelopment, provided the structures are built on open pilings.
The adjustment to the rules will also update precipitation data, replacing the 60-year-old data currently in use, and create incentives for the deployment of natural solutions to stormwater management, including the use of trees and buffer zones to reduce expanses of pavement and pipes.
Provincetown Can’t Retreat
In a letter providing feedback on the proposed changes on behalf of the town, Town Manager Alex Morse wrote that those changes may work for other coastal communities with less dense development, but “in communities like Provincetown, where retreat and nature-based solutions are not possible due to limited land, lot size, and existing hard structures, many of these proposed changes would create significant economic hardship.”
While Provincetown comprises 6,400 acres, 4,500 acres are in the Cape Cod National Seashore. The 1,900 acres under the town’s jurisdiction includes about 2,369 parcels. Of those, 1,355 parcels, or 57 percent, are entirely or partially in the floodplain, Morse wrote.
The town’s year-round population density is 1,517 persons per square mile, and in summer that jumps to 25,000 persons per square mile, according to Morse, making Provincetown one of the highest-density towns in the region.
“For communities like Provincetown, whose historic businesses, dwellings, piers, and infrastructure exist in close proximity to the waterfront and with no space to retreat, improvements to bulkheads and resource areas are often only done in conjunction with development or redevelopment of landward structures and hardscape,” Morse wrote.
Morse also wrote that the proposed regulations could take away a local conservation commission’s ability to require mitigation and site improvements that could actually lessen impacts to resource areas or improve their resilience. At the very least, wrote Morse, the regulations should be more flexible, allowing for variances and exceptions for certain circumstances that would provide a net benefit to resource areas.
Regarding proposed waterways resilience regulation changes, Morse asked the DEP to clarify what it would mean to “adequately consider” projected sea level rise with respect to new Chapter 91 licenses or license renewals. These licenses are needed for uses on the waterfront connected to water-related activities.
He suggested that the agency allow property owners to make required capital improvements on a rolling basis. “It would be economically devastating if existing water dependent users had to replace all their facilities at once, at the time of Chapter 91 license renewal,” he wrote.
Morse further suggested that the DEP allow communities to use their state-approved municipal harbor planning process to develop plans for guiding building on the coast.
Old Reliable Gets Pier Review
At least one major redevelopment project currently before the conservation commission — Christine Barker’s proposed complex at the Old Reliable Fish House site, which includes two hotels with a total of 50 rooms, 13 condominiums, two restaurants, and retail space spanning 227, 227R and 229 Commercial St. — will not be reviewed under the proposed changes to wetlands and waterways regulations because it was submitted prior to their promulgation.
Barker has already secured approvals for the project from Provincetown’s planning and zoning boards and historic district commission.
Barker also proposes to replace the original 264-foot pier on the site with a 700-foot pier that ends with a 570-foot floating marina. At a March hearing on Barker’s notice of intent, the conservation commission discussed the impact the pier would have on the eelgrass in the harbor. Barker has asked for several continuances to make adjustments to the plan. The project is now scheduled for discussion at the commission’s June 18 meeting.
“We have significantly adjusted the design of the proposed pier to address concerns regarding potential effects to eelgrass,” Barker told the Independent in a text message on May 28.
A Coastal Dune Problem
Like other development on Provincetown Harbor, all of the proposed buildings in Barker’s project are in the floodplain. The dilapidated fish house sits on a coastal dune, the rise of land beyond the mean high-water mark, which also prompted concern from the commission. The footprint of the hotel planned for the site of the Old Reliable will be larger than the original building.
An independent review of Barker’s notice of intent was done for the conservation commission by Bryan McCormack, coastal processes and hazard specialist with the Woods Hole Oceanographic Institution’s Sea Grant program and the Cape Cod Cooperative Extension.
In his report, McCormack wrote that the plan to expand a building within a coastal dune would likely violate state regulations. “Provincetown has experienced significant flooding in recent years due to storm impacts, and all efforts to maintain dunes could help to prevent and mitigate the impacts of future flooding,” he wrote.
If construction is permitted on the Old Reliable site, with a stipulation that an artificial dune be constructed seaward, it would be a sacrificial dune, McCormack wrote, quickly eroded in a storm event. The sand could bury offshore eelgrass beds with repeated nourishment for maintenance.
Tim Famulare, Provincetown’s community development director, said finding solutions that balance redevelopment objectives and environmental protection will be a collaborative effort.
“Regarding Christine Barker’s proposed development on the harbor, the Conservation Commission’s initial review raised concerns about impacts on the coastal dunes and beach on the site,” wrote Famulare by email. “I understand that the development team is giving careful consideration to these comments, consulting with environmental experts, and will be proposing revisions to the plan.”