Neighbors object to scallop aquaculture in Herring River

HARWICH – Jeffrey Lang and Sandra Wycott want to grow scallops in the Herring River from docks off the front of their property, but there are objections from neighbors who are concerned about impacts on the boat channel and the commercialization of the river.

Lang has been growing scallops on an experimental basis over the past couple of years under his dock on his property further up the river. He purchased a property closer to the mouth of the river, off River Bend Road, and filed a notice of intent with the conservation commission to place docks off the bulkhead from which wire mesh cages would be submerged to grow scallops.

But neighbors have made their opposition to the project clear. In a statement of opposition to the project, Noreen Cahalane said community members strongly object to the proposed commercial operation, not only because of the negative impact to the surrounding area but because of adverse impacts to protected wetland resources and recreational activities in the river.

The proposal would “allow privatization of the Herring River for one person’s commercial gain,” Cahalane said.

Lang said false stories are being told to the neighbors including plans to build a commercial aquaculture hatchery with trucks going in and out, and that the plan is to open a waterfront restaurant off the small lane off Riverside Drive.

“Not in my backyard has become a force against aquaculture on the Cape,” Lang said.

Lang is associated with Scallop Bay Shellfish Co., which has a hatchery in Pocasset, where he said “most neighbors can’t tell we have a holding area there. It’s quiet and does not distract our neighbors.”

Lang is proposing to move a deteriorating bulkhead on his property and construct a new one back four to six feet along the river. The bulkhead is failing and the salt marsh behind it, which was created from dredge materials in the 1950s, is eroding. Lang wants to place a steel bulkhead against the edge of the marsh and add docks on the outside from which the mesh cages holding scallop seed will be submerged. 

The project calls for 250 cubic yards of dredging along the bulkhead to create a six-foot depth at low tide. Lang said the project will not impact the boating channel in the river and it might even widen it a bit. The project calls for floats totaling 436 square feet.

According to Lang, the scallops will help to clean the river. He said 2,000 scallops will remove two pounds of nitrogen annually. He would like to grow 600,000 to 800,000 scallops in a year. While his company has scallop aquaculture projects in Falmouth and Pocasset, he said the Friends of Bass River have 100,000 scallops growing at Packet Landing in Yarmouth.

The scallop project went before the conservation commission last Thursday during which updates and changes to the proposal were presented. The proposal has been before the town’s waterways committee a couple of times and will be back before it on Sept. 18.

David Crispin, consulting engineer with the BSC Group, made a presentation to the conservation commission on Sept. 5, explaining that adjustments have been made to float layouts and the bulkhead based on waterways committee recommendations. 

“BCS is of the opinion that the project proposed will not have an adverse effect on the use of the waterway for water vessels,” Crispin said.

Conservation Commission Chair John Ketchum had questions about the rapid erosion of the wetlands behind the bulkhead over the past three years. Lang, who purchased the property four years ago, said the acceleration is caused by holes in the existing bulkhead which cause “tornado-like” water swirls that have increased erosion.

Crispin said more severe winter storms have also contributed to the erosion. More wetlands will be lost if the bulkhead is not addressed, he said.

Attorney Elizabeth Pile, representing the neighbors, called for a thorough shellfish survey to be done. She also questioned how the Lang’s steel bulkhead would connect with the neighbor’s bulkhead. Plans show Lang’s proposed bulkhead would extend onto David Kelleher’s property, she said. Lang said he and Kelleher are friends and they have discussed that matter and will work out the details.

Scott Horsley, a water resources consultant representing the neighbors, said the project would modify tidal exchanges and likely cause additional salt marsh losses. The proposed steel bulkhead is within the FEMA velocity zone and will redirect wave energy to adjacent areas and properties, Horsley said, adding that the project will create higher groundwater levels in the salt marsh.     

 Cahalane said Lang’s requests will require a lot of variances.

 Resident Beth Larsen wanted to know if the town of Harwich has a plan to commercialize the Herring River. 

 “No,” said Conservation Administrator Amy Usowski.

 The commission agreed to continue the hearing to its first session in October.

 The commission and waterways committee assessments are early in the permitting process, Usowski said, adding that changes to the state Chapter 91 license for waterways structures will be necessary along with water quality permits. The select board will also have to issue an aquaculture permit, she said. Reviews by the Army Corps of Engineers and the Massachusetts Coastal Zone Management will also be required.