Appeals filed over Hathaway Pond
Several appeals were filed on September 1 against the Coalition for Buzzards Bay over its stated intent for the Hathaway Pond dam and the pond's now-reduced water level.
The Coalition for Buzzards Bay recently purchased the land on which the Hathaway Pond dam sits and intends to remove the 200-year-old dam in order to restore the Sippican River to its original form and appearance. The coalition's plan has drawn the ire of local cranberry growers and local residents.
The dam has been declared unsafe by the Office of Dam Safety and the Coalition, as owner, is required to either bring the dam into working order or remove it entirely.
The Coalition contends that dam removal will improve the herring habitat, improve water quality and provide a healthier ecosystem. Residents say the pond was already teeming with life and that the water quality is higher than in nearby Leonard's Pond.
Doug Beaton of Beaton's Inc., Greenwood Hartley of Hartley-Zell Inc. and Walter Hartley of Hartley Family Inc. all filed separate appeals against the Coalition.
Beaton's appeal is based on his company having deeded water rights to the Hathaway Pond dam and the Coalition having not considered the possibility that Beaton would be willing to repair the failing dam.
"...the “economic practicability of repairing the dam” did not account for Beaton’s Inc.’s willingness to conduct dam repairs," reads Beaton's appeal.
Beaton has stated in the past that he is willing to repair the dam and is working on a plan to do so.
The Hartley-Zell appeal was filed on behalf of residents of the nearby Pines at Hathaway Pond, an over-55 community with a pond-side common area. Residents say the reduced water level in the pond has turned their common area into a mudflat.
The Hartley Family appeal blames the reduced water level in Hathaway Pond for affected the groundwater levels and quality of the Hartley family's cranberry bogs.
The Hartley-Zell and Hartley Family appeals are also based on the Coalition not considering the possibility of Beaton's Inc. repairing the dam.
Recently, the land on which Hathaway Pond sits was voted to be "land in agricultural" use by the Rochester Conservation Commission. It is unclear if this designation will affect the appeals process.