The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, MARCH 29, 2017 Selectmen s Meeting Room, Falmouth Town Hall, 7:00 p.m.

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1 The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, MARCH 29, 2017 Selectmen s Meeting Room, Falmouth Town Hall, 7:00 p.m. Present: Mary Schumacher, Vice-Chair (arrived at 7:35) Jamie Mathews Courtney Bird Betsy Gladfelter, Acting Chair Maurie Harlow-Hawkes Kristin Alexander (arrived at 7:35) Mark Gurnee, Alternate Steve Patton, Alternate Jennifer McKay, Administrator Absent: Russell Robbins Ms. Gladfelter opened the meeting at 7:02 p.m. MINUTES The following minutes will be voted next week: 3/22/2017 REQUEST FOR A CONTINUANCE UNDER A NOTICE OF INTENT Beccles Road Nominee Trust (c/o Dana Doe), 19 Beccles Road & Sippewissett Road (Map C), Falmouth, MA For permission to install approximately 100 linear feet of steel sheeting along the base of the existing mortared stone revetment which includes construction access, vegetation restoration and the associated clearing, excavating, grading and landscaping. Ms. McKay: The applicant s representative has requested a continuance until April 26, Ms. Harlow-Hawkes: At the request of the applicant s representative I move to continue the hearing until April 26, Mr. Bird: Second. Michael McGrath (Holmes & McGrath) I requested a hearing on April 12th and was told it was too busy. U.S. Coast Guard (c/o Patrick Dugan), 30 Little Harbor Road, Woods Hole, MA For permission to demolish two buildings, adjacent asphalt and concrete driveway/parking areas and to construct a new Aids to Navigation Team building, a new Station Building, new asphalt and concrete pavements, install utilities and the associated clearing, excavating, grading and landscaping. Ms. McKay: The applicant has requested a continuance until April 12, Ms. Harlow-Hawkes: At the request of the applicant I move to continue the hearing until April 12, Mr. Bird: Second. 1

2 REQUESTS FOR DETERMINATION OF APPLICABILITY Lynne Falkenburg, 38 Drift Road, West Falmouth, MA For permission to install a tight tank septic system within the existing dirt parking area. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to coastal bank, land under the ocean, land containing shellfish, coastal dune and in land subject to coastal storm flowage (flood zone V). The proposed tight tank is entirely within the existing dirt parking area. Construction methodology is written on the plan and includes the installation of a silt fence, the installer to contact the engineer prior to any work to review protocols and no fill to be stored on-site. Staff recommends a negative 2 (under the State and the bylaw). Resource area boundaries are not confirmed by this RDA. Mr. Bird: Move to accept staff s recommendation. Ms. Harlow-Hawkes: Second. REQUESTS FOR HEARINGS UNDER A NOTICE OF INTENT Mr. Mathews recused. Carrie & Jorge Figueredo, 55 & 57 Gunning Point Road, Falmouth, MA For permission to remove invasive plant species, restoration with native vegetation species, ongoing invasive plant management, the construction of stone steps for beach access and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Michael McGrath (Holmes & McGrath) presented colored plans. I did submit a revised plan of the existing conditions because we had left out the riprap on the original plan. Theresa Sprague (Blueflax Design) #55 is the northern property. #57 is to the south. There is a single family home being constructed on #57. We were contacted in 2016 by the applicant to provide a planting plan for their property. The main goals are planting and maintenance. We will be removing invasives on the coastal bank and restoring it. There is native species present, i.e. American beach grass. On #55 invasives are being cut back. There is Cape Cod lawn within the zone A boundary. There are 5 eastern red cedars that are in poor health because of severe wind damage. There are shrubs underneath the invasives. There is a rocky beach to the dune on #57 along with many invasives. There are many eastern red cedars that we will remove vines from. There are two small oak trees and 1 black cherry tree that are covered in invasive vines. We will remove those trees. There is an 8-ft wide grass cap between #55 and #57 and the applicant would like to maintain it at 4-ft wide. The restoration portion is on page 7 of the narrative. We will be injecting herbicide into the cherry tree and the eastern red cedars will be removed. In the 50-ft buffer zone the plants will be flush cut and allowed to re-grow. Ms. Sprague indicated where the mitigation is along the edge of the house (55) from a previous OOC. When #57 is completed that will be the access between the houses. There will be a small net loss of lawn in that area. Ms. Sprague outlined the 3 phases which will culminate in the planting of 809 shrubs and 5 trees. Ms. McKay: How do you think the low-bush blueberry will do? It was planted in an area not too far from there and it is not doing well. Ms. Sprague: I believe that the beach plum and bay berry planted around it will protect it. The applicant wants a thick ground cover layer there. Ms. McKay: All the mitigation being taken out was planted in Ms. Sprague: We re re-locating it, not removing it. Ms. McKay: Will you be planting blueberry between the existing vegetation? Ms. Sprague: Yes. We will not be digging up large shrubs. 2

3 Ms. McKay: You will get height diversity. There will be no work on Salt Pond s property. Ms. Sprague: Right. We are proposing to make the rocks that are piled up safer for beach access. Ms. McKay: In the NOI it states there will be stone steps and on the plan seasonable steps are proposed. Ms. Sprague: That s a mistake. Ms. McKay: Please submit a revised plan. Mr. Bird: How much of this mix of invasives is rosa ragosa? Ms. Sprague: Most of it is down by the dune and we re not removing that. Mr. Bird: There is a line on the plan showing the limit of lawn that is going through what was just planted as mitigation. Ms. Sprague: You will be getting the equivalent. Ms. Harlow-Hawkes: What will happen when the vegetation is flush cut? Ms. Sprague: As we plant one shrub the whole area will be seeded. Then we can get at the black swallowwort. Ms. Harlow-Hawkes: How will you know you get it? Ms. Sprague: They will be flagged. Ms. Harlow-Hawkes: You will be planting 262 low-bush blueberry. They get toasted in those areas. Ms. Sprague: It will be a 3 year plan and we will be replanting through the years. If the low-bush blueberry is not working there, we will plant something else. Ms. Harlow-Hawkes: It doesn t do well in that area and it s expensive for the applicant to wait and see if it fails. You might want to rethink that. Ms. Harlow-Hawkes: The cedar trees are all in the lower area. Ms. Sprague: We can plant them closer to the top. Some of them are too close to the house. The cherry tree that is coming down is 4. The cedars are 6, 9. They are on Mike s plan. Ms. Harlow-Hawkes: We should be looking at caliper inch. You will need to plant more cedars. Get some sort of equal amount back. Ms. Sprague: We will replace the trees with cedars. Once we start getting everything cleared out we ll find some good things. Mr. Patton: This is an amazing piece of vegetation. The 3-year plan with the restoration is good. Mr. Gurnee: By hand cutting and treating that is good. Will the whole area be stripped? Ms. Sprague: No just the ones that are not doing well. We will seed the area immediately. Mr. Gurnee: The plan is great. I like the very dense plantings. Ms. Gladfelter: There are rosa ragosa plants on various sites that were required in the past because they are good buffer plants. Although it is an invasive it s not an invasive like swallowwort. If it s there and playing a role, we allow it to stay. I d prefer that you leave all of them. They are not going to spread that aggressively. Ms. Sprague: It is aggressive. We will leave it in the dune area. If it s in with the honeysuckle, we ll cut it. Ms. Gladfelter: To be sure of the stabilization of the soil, you will need some sort of delineation between the blueberry plants and the lawn. Mr. Bird: I second the comment about the blueberry. They never make it. I must have planted it on my own property 6 times. They don t survive. Ms. Sprague: We have stopped using high-bush blueberry for many reasons, but are still able to get low-bush blueberry. We will monitor it and if it is not doing well after the first season, we can replace them. We can also reduce the proposed amount. Ms. Harlow-Hawkes: You must get a letter from Salt Pond giving you permission to work on their property. Ms. Sprague: We re not doing anything on their property. Ms. Harlow-Hawkes: You don t need a letter then. Ms. Sprague: I will provide a revised plan re the stairs and the blueberry. 3

4 Ms. Harlow-Hawkes: Move to close the hearing and take it under advisement. Mr. Bird: Second. Ms. McKay: I d like the Board to know that I have reached out to Ms. Sprague, Maria Hickey and Wilkinson to come in and give us some information on the large restoration projects they are working on. Mr. Mathews returned to the meeting. Shirley Rothwell, 28 Drift Road, West Falmouth, MA For permission to install a new Title 5 sewage disposal system within naturally vegetated resource area and buffer, to construct a new 6-ft x 12-ft deck, expand existing deck, install an underground electric line and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Michael Borselli (Falmouth Engineering) presented abutter s cards. The property contains a cottage on the west side of Drift Road as well as another dwelling across the road. Resource areas include: land under the ocean, coastal beach, coastal bank and a stone riprap against the dune. The septic system has failed. There is a 1000 gallon tank and leaching field on the property. We will replace the failed leaching pit with a new field. We will keep the existing tank and re-pipe it to the new field. In the NOI there are photos showing the extent of invasive plants on the property. There will be some removal of the invasives because of the pipe and the new field. We are not considering management of the remaining invasives at this time. The only other place for the septic system was under the driveway and because of the well in the basement of the house that is too close to the driveway, that would not work. There is no Town water on the property and Ms. McKay asked me to contact the Water Department to see if there were options for Town water. I spoke to Steve Rafferty and he told me that water on that road is limited and only goes as far as the abutting property. Because of the 2 diameter water main, there is no way the Water Department would allow more service on the water main. I don t think Town water is an option. The leaching field has to go where it is proposed. We will re-install an underground electric line that is in bad shape. Underneath the existing deck is a sliding glass door. The applicant would like to add a 6x12 extension of deck that would allow her to add another sliding glass door. Ms. McKay: Where is the mitigation for the deck expansion? Mr. Borselli: I didn t propose mitigation because I need some feedback on where to put it. Ms. McKay: You are required to provide 3 to 1 mitigation for the deck which will amount to a couple hundred sq. ft. of mitigation. If zone A is completely vegetated you don t have to add vegetation, but your house is in zone A. Ms. Gladfelter: If there is no room for mitigation in zone A it has to go in zone B. Mr. Borselli: I m happy to continue the hearing so you can see where the mitigation will go. Ms. McKay: Thank you for checking with Steve. You don t have the dune noted on the plan. Mr. Borselli: We didn t find dune material there. Ms. McKay: All the other properties there are showing a dune. Can you minimize the disturbance in that area? Mr. Borselli: We thought about a tight tank. They are only to be used when there is not another practicable option. We could use the old tank. Those invasives, if disturbed, will grow back almost daily. Ms. Schumacher: No questions or comments. Ms. Harlow-Hawkes: DEP isn t against tight tanks if it s a seasonable home. You should investigate it further. You could put it across the street. Other houses on the street have done this. The perc test says at 120 you didn t find ground water. And yet I looked in the cesspool and it had water in it. I 4

5 found the tank but not the leach pit. The plan says the leach pit on elevation 14 was in ground water. That doesn t make sense. Mr. Borselli: No I m saying that the leaching pit was too close to ground water. We searched for groundwater. Ms. Hrlow-Hawkes: I d like to see how it failed. How did they come to that? Mr. Borselli: I suspect the leaching pit has 2 to 3 feet of cover. Ms. Alexander: Are there other alternatives to the placement of the septic system? Mr. Borselli: There is a location adjacent to Buzzards Bay but we abandoned that idea. Ms. Alexander: We need some sort of mitigation plan with the expansion of the deck. Ms. McKay: Just some cedars would be good. Mr. Borselli: What about shrub layers? Ms. McKay: The Board will decide. Mr. Bird: No questions or comments. Mr. Mathews: No questions or comments. Mr. Patton: Can the mitigation be on the other side of the street? Mr. Borselli: That s not a bad idea. Ms. McKay: There is a marsh on that side. Mr. Gurnee: No questions or comments. Mr. Borselli: I misspoke about the ground water. The system didn t fail because of ground water. Ms. Gladfelter: The new deck is in the V zone. Make sure nothing was added in the last 5 years or so. Mr. Borselli: You want to know if the existing structure as depicted has been there. Ms. Harlow-Hawkes: At the request of the applicant s representative I move to continue the hearing until April 26, Mr. Mathews: Second. CONTINUED REQUESTS FOR A HEARING UNDER A NOTICE OF INTENT U.S. Coast Guard (c/o Patrick Dugan), 30 Little Harbor Road, Woods Hole, MA For permission to demolish two buildings, adjacent asphalt and concrete driveway/parking areas and to construct a new Aids to Navigation Team building, a new Station Building, new asphalt and concrete pavements, install utilities and the associated clearing, excavating, grading and landscaping. The hearing is continued until April 12, Beccles Road Nominee Trust (c/o Dana Doe), 19 Beccles Road & Sippewissett Road (Map C), Falmouth, MA For permission to install approximately 100 linear feet of steel sheeting along the base of the existing mortared stone revetment which includes construction access, vegetation restoration and the associated clearing, excavating, grading and landscaping. The hearing is continued until April 26, John Zizza, 82 Waterside Drive, North Falmouth, MA For permission to relocate six (6) large boulders within an area of stones to open up three channels between 20-ft and 40-ft wide through the boulder field for small craft navigation into Megansett Harbor. Ms. McKay: No comment at this time. Stan Humphries (LLC Environmental) Resource areas include: coastal beach, small coastal bank, long stretch of shallow sub-tidal area, eel grass, linear strip of gravel bed with boulders on top of it. I see the rocks as naturally occurring. But others think they may have been connected with a licensed groin. The eel grass line is shallow and then becomes very deep. This is a Natural Heritage area for 5

6 endangered species. I wrote to them and heard back that there would be no adverse affect on the resources. I also spoke to DEP to see if anything like this had been done before and they called it dredging. I have gone over the regulations. There is a velocity zone at elevation 17 that goes almost to the house. Any openings left after removal will not increase erosion on the coastal beach. There will be a minimal re-location of the boulders. A barge with a crane will come in over deeper water and do the work at high tide. Per the performance standards this will minimize adverse effects. Ms. McKay: Why are you doing this? What is the purpose? Mr. Humphries: The applicant has smaller crafts and an 18 or 19 foot motor boat. It takes a lot of time avoiding boulders he has to go north and then south. Ms. Gladfelter: So it s navigation. Mr. Humphries: Yes. Ms. McKay: We have received a lot of correspondence from abutter s who are not happy about this project. Mr. Patton: What is our authority? Ms. McKay: It involves land under the ocean. Mr. Patton: Some of the letters we received showed a concern that the barge would sit on eel grass. We have been told that it won t happen. On rather it s naturally occurring or not was a question of mine. Have any of the neighbors talked to you? Mr. Humphries: No. Mr. Gurnee: You mentioned 2 channels? Mr. Humphries: It s essentially 3. Mr. Gurnee: Why would you need 3? Mr. Humphries: When you look at what it s going to cost you may as well take advantage of the whole day. Mr. Gurnee: I would want to minimize the disruption there. Limit it to one area where a small boat can get through. Doing this will have some effect on wave action. Mr. Mathews: Do you really think there will be no adverse effect on the dynamics of the area? Mr. Humphries: We will be minimizing any adverse effect. Mr. Mathews: The channels will be open to other users. Mr. Humphries: That s true. Mr. Bird: I m very worried about the unintended consequences. By the way, there was no signage at the property. There was a day when that was a good reason for summary denial. It s a beautiful site and is very exposed. When I was there the wind was blowing from the west and there were white caps on the water. The rocks are there and they provide a benefit. If you start taking them out can you guarantee that there will be no consequences? I m not much in favor of this right now. Ms. Alexander: It looked to me like the owner has a motor boat he wants to bring out. There is an option for them to get out now. I would hope that someone can navigate north and then go south. I don t believe they own that area. There will be impact to land under the ocean. I don t see where the adverse effect has been overcome. Ms. Harlow-Hawkes: BSS thought these were dropped when doing a jetty? Mr. Humphries: Yes. Ms. Harlow-Hawkes: All the areas along there have these rocks and they came from the glacier. The letters in the file speak for themselves. There will be an effect. Ms. Schumacher: I feel the same. There is also an opinion from Woods Hole Group that it would contribute to erosion. Why not make just one opening? Ms. Gladfelter: It drops off rapidly but there are no depths on the plan. The rocks are kind of a barrier like on the Elizabeth Islands. Have you seen the letters from abutters and the Woods Hole Group? Would you like to continue or have us close the hearing tonight? Ms. McKay: The purpose is for navigation. The 2 moorings on the plan can you give me the official Town of Falmouth mooring numbers on them? 6

7 Mr. Humphries: Yes. Ms. McKay: If you go from just over the property line to the north, you have a boulder at water depth Now measure down to where you will re-locate 2 of the boulders around 35-ft. You will be opening up another 35-ft. Between the existing boulder and the 3 you want to re-locate you are opening up a 20-ft channel. The applicant wants a wider path, but creating a smaller one than they naturally have. Mr. Humphries: All the paths are wider than what is there now. Ms. McKay: You should consider one larger path to the north. Mr. Gurnee: This is for the motor boat. A kayak can get through there now. The area to the south is shallow. Mr. Humphries: I want to confirm with the applicant what his use will be. Ms. Harlow-Hawkes: The rocks reduce the use of boats harming the eel grass. Everywhere is eel grass except where there is sand. Mr. Humphries: There is no eel grass where the rocks are. Ms. Gladfelter: We have to get to the point where it won t hurt the resources. When you move the boulders you are changing the type of area. Mr. Humphries: It is water dependent use which is a lower bar. Ms. Gladfelter: We have to make decisions on how it will affect that person s property and the neighboring properties through the future. Ms. McKay: Any information has to be in a week early - by the 19 th. Ms. Schumacher: At the request of the applicant s representative I move to continue the hearing until April 26, Ms. Harlow-Hawkes: Second. Mr. Gurnee: What information will he have then? We don t want to go over the same things. Ms. Gladfelter: He will have to address wave action, sediment movement, mooring numbers, alternatives. John Plano (lives next door) I am vehemently opposed to this. There is a 20-ft wide path right near the boat. The rocks protect homes from waves. The Woods Hole Group s engineer said the waves coming down Buzzards Bay have a bending quality that protects a beautiful sandy beach. The removal of the rocks is basically unsound. There is a large outlet to the ocean there now. The residents of the abutting house are opposed to it. If it were a benefit to the public in general it would be one thing, but it isn t. This would cause erosion to the walls holding in the land behind the beach. The loss of the stone revetment is of particular concern. I urge the Commission to deny the project. Dennis Sargent: The applicant didn t even put his mooring in front of his own house. Kayakers can get through at mid-tide and over the rocks at high tide. Ms. Gladfelter: Who owns that land? Do we need permission from the Board of Selectmen. Ms. McKay: This is kind of a dredging project. I will have to see if the Board of Selectmen needs to be engaged. The State owns the land. Ms. Gladfelter: I d like to see more soundings and where the barge will be. Ms. Gladfelter called for the vote. Karen & David Howe, beach lot across 55 Vineyard Street, East Falmouth, MA For permission to perform coastal dune restoration, beach nourishment, invasive plant management, native plant restoration and the associated clearing, excavating, grading and landscaping. Quorum: Mark, Steve, Jamie, Betsy, Mary, Maurie, Kristin, Courtney Ms. McKay: No comment at this time. Joel Kubick (Holmes & McGrath) presented colored plans. After the last hearing we went back and spoke to Ms. McKay and have hopefully addressed the concerns of the Board. There are changes to 7

8 the dune restoration. We will be hand removing the invasive vine. In the second phase staff will come out and inspect the site and let us know what should be planted. This is a big difference. We are still proposing sand nourishment. The DPW does not have a problem with the parking area and will defer to the Board to decide what surface is put there. Reinforced turf is another choice. I hope that satisfies the Board s concerns. Maria Hickey (Maria Hickey Landscapes) Jeff Johnson and I met with Jen and the neighbors. We re all on the same page and do not want to damage the dune. We will defer to staff about what plants are needed. Ms. Hickey passed out copies to the Board re reinforced turf. Ms. McKay: Are your clients going to be comfortable if we come out there and tell them what is needed? The replacement for the tree that was removed should be put back where it was originally. Ms. Hickey: Where the stump is it s more liable to topple. Ms. McKay: I talked to Scott about the parking area and if you want the shells it will be difficult to plow snow. Mr. Kubick: They would like a 5-ft apron on it. Ms. McKay: I like the reinforced turf. Mr. Bird: I m glad you changed your tune and will leave the rosa ragosa. When we write the order we will specify the height. The poor cedar did take a nasty hit but I think it will come back. I d like to see one go in there and a nice fresh one. (around 10-ft.) Ms. Gladfelter: I want to see something smaller that will grow up there. Ms. Alexander: The clearing we haven t discussed this much. Who will monitor the dune? Ms. Hickey: We ll let everything grow for a season and see how things are. Ms. McKay: It will be shrubs as well as beach grass. Ms. Alexander: The sand nourishment may be a good thing, but no sand is to be put on the dune. Ms. Hickey: We will be hand pulling the invasive vines from the dune throughout the 3 years. Mr. Bird: No use of herbicides? Ms. Hickey: Right. Ms. Harlow-Hawkes: You say there will be no heavy equipment. There should be no equipment. Will it be a bobcat machine? The beach is beautiful today. If there is substantial sand when you get there don t add anymore. Don t get rid of the rack line because it s shore bird food. There should be a date when they can t rake it anymore. They said that they would rake the beach every day. Mr. Kubick: 10% of the rack line shall remain on the beach at all times. Ms. Harlow-Hawkes: According to the elevation transects there is not a huge beach there. Did we get the grain size? There is a lot of bayberry where you re proposing to put the tree. Ms. Schumacher: Thank you for the changes. Mr. Gurnee: I m happy with the new idea. Mr. Patton: No questions or comments. Mr. Mathews: No questions or comments. Ms. Harlow-Hawkes: It should be staked before the machine goes in there. Mr. Bird: I don t see any need for beach nourishment. Mr. Mathews: Move to close the hearing and take it under advisement. Ms. Harlow-Hawkes: Second. Dennis Downey (abutter) I appreciate the new direction, but I still have a concern about de-stabilizing the dune. What percentage of the dune will be disrupted? I m assuming it will be minimal. Ms. Gladfelter: I need to have an evaluation of how many areas will be disturbed. Ms. McKay: How about a pre-work meeting? Mr. Downey: The clearing was done in June 2016 right before the 4 th. I don t think the cedar will grow there. The fence along Vineyard Street was there in the early 60 s. The perpendicular posts down toward the water stem from a land court decision to mark everyone s beach. Although parking is forbidden there is always a line of cars on the street. The split rail fence next to the dune will keep 8

9 people from parking on it. Beach nourishment isn t needed. My understanding is that there are only 2 instances when replenishment of the beach is allowed: if it is the property of dredging or if a dune is missing sand. I don t think that s what they are trying to do. It also sounds like a lot of sand (100- cu.yds). I don t think they have defined the need to do that. The Akapesket job to clean their beach their rabble came to our beach. Ms. Gladfelter: Are they digging up rocks? Mr. Downey: They were screening it. They were supposed to bury it somewhere else on the beach. They may have done that, but we got it all. Re the invasive species the dune has been there for a long time and was naturally formed by water and wind. Whatever lands on it should stay. There are horseshoe crabs on the beach. If beach nourishment is allowed it will be a problem. Mr. Kubick: As for the fence we re replacing what s there. Ms. Gladfelter called for the vote. Commonwealth of Massachusetts (c/o Paula Miller), approximately 600-ft offshore (west/southwest of Fiddlers Cove and northeast of Nye s Neck) in the waters of Megansett Harbor, North Falmouth, MA For permission to grow approximately 3-acres of aquaculture to cultivate oysters in Megansett Harbor. Ms. McKay: The applicant has requested a continuance until April 12, Ms. Harlow-Hawkes: At the request of the applicant I move to continue the hearing until April 12, Mr. Bird: Second. REQUESTS TO AMEND THE EXISTING ORDER OF CONDITIONS William Rodenhiser (Williams Realty Trust), 93 Falmouth Heights Road, Falmouth, MA Request to amend the existing Order of Conditions (DEP ) to change the float configuration by replacing with pre-manufactured floats that are 4-ft wide by six inches wider than permitted, to remove two existing pilings by cutting off at the mudline and replacing these two pilings and adding six additional new pilings. Ms. McKay: No comment at this time. Michael McGrath (Holmes & McGrath) presented colored plans. The issue is that the original plan says that the contractor will provide certain floats and he makes his own. They did not pass. They want to put in pre-manufactured floats and will need more piles. They took out two fixed docks. The floats are not strong enough. They ordered floats but need additional piles (6). They will cut 2 existing piles off at the mud line. The floats are 6 wider than what was approved. This project is in Falmouth inner harbor. Ms. McKay: I have no concerns with the project. Ms. Gladfelter: The square footage is less. Mr. McGrath: The waiving of the time of year restriction for flounder is okay to waive and I have a letter from Eileen Feeney saying so. Ms. Harlow-Hawkes: Why? Have the flounder come and gone? Mr. McGrath: There is no flounder there. In the beginning we described dredging, but we are not doing that now. There were no more questions or comments from the Board members. Ms. Harlow-Hawkes: Move to close the hearing and take it under advisement. Mr. Bird: Second. 9

10 REQUESTS TO EXTEND THE EXISTING ORDER OF CONDITIONS Mullen, Inc., 267 Clinton Ave, Falmouth, MA (DEP # ) Request a 3 year extension. Ms. McKay: The applicant is requesting a 3 year extension and the staff recommends it. Ms. Schumacher: Move to grant a 3 year extension. Ms. Harlow-Hawkes: Second. Ms. Schumacher: Unanimous, so moved. Karen Munroe, 26 Ferry Road, East Falmouth, MA (DEP # ) Request a two year extension. Ms. McKay: The applicant is requesting a 2 year extension. Staff recommends it. Mr. Bird: Has the work started? Ms. McKay: No. Ms. Schumacher: When does it expire? Ms. McKay: I believe in July. Ms. Harlow-Hawkes: Move to grant a 2 year extension. Ms. Schumacher: Second. Ms. Gladfelter: 7 yes, 1 no (Bird) Paul & Patricia Hogan, 112 Racing Beach Ave, Falmouth, MA (DEP # ) Request a one year extension. Ms. McKay: The applicant is requesting a one year extension. Staff recommends it. Ms. Harlow-Hawkes: What is it for? Ms. McKay: They are still working on the landscaping. Mr. Patton: Move to grant a one year extension. Ms. Schumacher: Second. Black Beach Harbor Head Association, Black Beach Hills Road, Little Neck Bars Road, Gilbert Lane & Drift Road, West Falmouth, MA (DEP # ) Request a three year extension. Ms. McKay: The applicant is requesting a three year extension. Staff recommends a 3 year extension. The swales are in tough shape. We should send the contractor out there and fix the swales. During the grading of the road they left lips near the swale. They need to grade the road so the runoff goes into the swale. Ms. Gladfelter: Aren t they required to tell you when they are going to do this? Ms. McKay: Yes. Mr. Mathews: Move to grant a 3 year extension. Ms. Schumacher: Second. VOTE ORDER OF CONDITIONS Spring Bars Road (Town of Falmouth Falmouth Housing Corporation) 03/29/17 Quorum: Courtney, Mary, Betsy, Jamie Ms. McKay: There are coastal banks that are not significant to storm damage prevention and storm 10

11 water control. There are also banks that are significant. The Board must vote 2 orders - one under the Wetlands Protection Act for a regulatory 40 B project and one under the bylaw as an advisory for the Board of Selectmen. Ms. Gladfelter: I wish we had asked Mike McGrath to have the big pile of dirt spread out. Ms. McKay: There should be an environmental monitor on site during construction, especially the storm water part and incorporate the recommendations made by the Town engineer. The plan was changed re storm water as affecting the vernal pool and the adjacent property. They also pulled back the grading into the 100-ft buffer to the vernal pool. Mr. Bird: Move to adopt the Order of Conditions as discussed under the State regulations and recommendations made to approve the project under the bylaw. Mr. Mathews: Second. 140 Oyster Pond Road (Fleming) 03/29/17 Quorum: Mark, Steve, Mary, Maurie, Kristin, Courtney Ms. McKay: This is the addition above the garage. No herbicide will be used to get rid of the multiflora rose. No trees will be removed. Mark was concerned with species mix. Ms. Harlow-Hawkes: There is a little piece of mitigation to be removed. Ms. McKay: Yes and we need a revised plan with no calculations. Mr. Bird: Move to adopt the Order of Conditions as discussed. Ms. Harlow-Hawkes: Second. 239 Central Street (Kahn) 03/29/17 Quorum: Courtney, Kristin, Maurie, Mary, Steve, Mark Ms. McKay: They are removing the driveway around the house. Ms. Schumacher: They will compensate for the 2 trees being removed. Ms. Alexander: The pavement will be stone. Ms. Harlow-Hawkes: Move to adopt the Order of Conditions as discussed. Ms. Schumacher: Second. 28 Rivers Edge Road (Ladd) 03/29/17 Quorum: Steve, Mark, Mary, Maurie, Kristin, Courtney Ms. McKay: This is the house in the Riverfront Area. Did you feel the applicant met the criteria of the alternative analysis? There are certain steps to be followed. Ms. Schumacher: I am dissatisfied with the way it was done, but the alternative analysis they submitted did meet the regulations for the Riverfront Area. I do think the standards were met. Mr. Bird: I concur with Mary s analysis. However I would have liked something between A & B (alternatives). They did do their homework and met the requirements. Ms. Schumacher: I think in the end that if they made a good faith effort to take the first suggestion, the amount of benefit to the area would have been minimal. Ms. Harlow-Hawkes: They never really listened when we asked them to put the septic system in the driveway. They couldn t move the house back 10-ft? I don t think we got the correct plan. Ms. Alexander: No revised plan? Ms. Harlow-Hawkes: No. We can condition it. We didn t get anything we asked for. They were only concerned with the appraisal. They could have gone back 10-ft and cut the impact in half. 11

12 Ms. Gladfelter: Are you suggesting that Jen write that in the findings? Ms. McKay: Are you going to have them do the invasive removal? If so they have to come in with a revised plan and a restoration plan agreeable to the Board. They should flag all the non-natives and remove them. There is no plan to re-vegetate. Mr. Bird: How can we issue an OOC if we don t have the information we asked for? I know when it s a minor thing we allow it. This isn t minor. We were asking for a lot of stuff and it s evident from the comments we were not thrilled with the alternative analysis. Ms. McKay: The Board didn t take a real hard stance on the restoration. I don t want to get into the position that we need a restoration plan to close this. It can be written into the order. The dry wells, fence and limit of work were not provided. Ms. Alexander: They must come back separately with the restoration plan. Ms. McKay: If the Board approves the project they would have to come back with a restoration plan. I thought the plan re the fence, etc would be provided. Mr. Gurnee: I was satisfied with the alternative analysis and the economic part of it. As for the invasive removal - I m not in favor of it. I don t think they should do anything there. What about vista pruning? If that is done it will take a lot of foliage out. Ms. McKay: We ll deal with that then. Mr. Bird: We could deny it and have them come back with a complete application. Mr. Bird: Move to adopt the Order of Conditions as discussed. Ms. Harlow-Hawkes: Second. Ms. Gladfelter: We would need substantive reasons for denial. Ms. McKay: There will be no non-native removal if this is approved. Ms. Harlow-Hawkes: No post and rail fence is allowed. The limit of work must be in place prior to the start of work. If the limit of work is not there 10 days before start we will shut it down. We closed the hearing in good faith and they have not followed through. Ms. McKay: Why not the post and rail fence? I can write that they must bring in the revised plan with everything on it. Then we ll sign off on the building permit. Ms. Harlow-Hawkes: We trusted the engineer to bring in the revised plan and it hasn t worked well. No vegetation removal. Ms. Gladfelter called for the vote. OTHER BUSINESS Discussion of Collins Center report. Ms. McKay: I sent the report for the Board member s review. It s an organizational structure of the Town to improve certain perceived difficulties. The Board wanted to have a discussion of this before the vote on Monday night. We didn t get to review it for Monday. The Planning Board sent a letter. Betsy submitted a letter. Staff was interviewed. The Board of Selectmen voted for the Community Development person. Jen listed all the departments that would be under this new department. If you concur with the report or if you don t, I can draft a letter for either one. Ms. Schumacher: The Planning Board did not agree with the report. I think recommendation is kind of premature. There will be an incredible cost of implementing some of it. They recommend all preapplication meetings with customers. Instituting fees is not going to go over well. It asks for collaborative meetings to stream line everything. With the timeline we re on it s not really feasible. Mr. Patton: The whole concept was based on affordable housing. They want to hire a community development director who could fix all that. Most community development people primarily work with grants. The authority suggested is confusing. Ms. McKay: The report was sent to Boards because the Boards staff will be affected in some way by 12

13 the creation of the department. The Town Manager can create a department. It s a way to separate out; it s a way to structure Town government more efficiently. There will be someone between myself and the Town Manager that I can go to. Mr. Patton: I don t see the clarity in the direction. I thought they were exaggerated. Mr. Gurnee: They are proposing an executive function and they don t need that. We do need to develop a way to have flexibility with our regulations. Ms. McKay: I do believe that the creation of a community development person is a facilitator in an executive role. Mr. Bird: You can never please all of the people all of the time. Do we need to improve customer relations? Ms. Gladfelter: The report seems pre-conceived. What is the question we re asking? Which of these ways can we have a community development person? It is hard to navigate Town Hall. Mr. Mathews: They mean the process, not the structure. It s hard to get approval. That s what they re trying to accomplish. Ms. Gladfelter: There s a checklist. Ms. McKay: Why don t I draft a letter outlining your concerns? The report was confusing in nature. It s a solution searching for a problem. Mr. Mathews: We re talking about the process. Ms. McKay: We re talking about both the administrative process of getting permits and they did touch upon the physical layout of the building. 2 years ago they looked at getting funding to reorganize parts of the building. Ms. Alexander: I had to go through the process of permitting and everyone helped me. How about a volunteer? Ms. Schumacher: It doesn t have to be a department head. Ms. McKay: I will compose a letter to the Selectmen. Ms. Harlow-Hawkes: Salary? Ms. McKay: $104,000 Ms. Harlow-Hawkes: Move to adjourn. Ms. Schumacher: Second. The meeting adjourned at 10:20 p.m. Respectfully submitted, Susan Cronin, Recording Secretary 13