Collapsing Bulkhead Jeopardizes Herring River Cottage

WEST HARWICH – Conservation commission members are concerned the small cottage located at 47 North Rd., which sits on the edge of the Herring River, might not survive the winter if steps are not taken in the near future to shore up the failed bulkhead that once separated the river from the building.

In Monday’s heavy rain and wind, the river waters overwashed the dilapidated bulkhead surrounding the cottage.

For several years, commission members have been working with the property owner, Thomas Smith of 47-52 North Road Realty Trust, to encourage him to upgrade cesspools on two properties along that road. The town has collected $2,700 in fines for related violations.

Conservation Administrator Amy Usowski said this week the septic issues have been addressed with the approval of new systems for structures at 47 and 52 North Road being placed into a shared septic system on the property at 52 North Road. The issue now is addressing the failed bulkhead, she said. A storm in September weakened the wall and Conservation Commission Chair John Ketchum predicted that conditions would continue to deteriorate.

“If I thought he’d have a contractor in place and would be fixing the problem, I’d be a little less concerned,” Ketchum said during the commission discussions on Dec. 6. “If he doesn’t follow through, and a bad storm happens like what created the problem, we’d have a big problem. It might undermine the foundation.”

The bulkhead reconstruction permit was scheduled to expire in December, but the commission has extended it into the spring. Ketchum has been pushing for a risk assessment study to determine the threat of a collapsing bulkhead to the riverway. Usowski said the commission is concerned that winter storms could accelerate the failure of the structure, creating a liability for the town.

The conservation administrator said the commission approved the use of Wetlands Protection Act funds to conduct the risk assessment. She said the property owner consented to the study, but he would not pay for that assessment, saying his money would be better spent in repairing the bulkhead.

The commission also approved a 30-day emergency certification, Usowski said, giving Smith the opportunity to stabilize conditions. According to Usowski, he wanted to place stones around the structure, but there was no professional documentation supporting that proposal. Fiber rolls were approved to assist in absorbing water, she said.

The commission received one engineering proposal from BSC Group of Yarmouth for a risk assessment study, the conservation administrator said, but the scope of services was not exactly what the commission was looking for. Usowski said if the project is going to be delayed, she will go back to BSC Group and re-shape the scope of services for a risk study.

Usowski said during a visit to the property with engineers, she asked whether the bulkhead would survive the winter months given the potential for harsh storms. One response was “I can’t tell you it’s going to stay.”

With the six-month extension granted to the property owner to rebuild the bulkhead, Smith has hired an engineer to design the structure. Usowski said she is planning to reach out to the property owner this week to see when the project will get underway.

“The concern is time. The longer it remains unprotected, the more of a concern the winter storms are,” the she said. “But what’s the point of conducting a risk assessment, if he’s ready to move forward now?” Usowski added.