The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, FEBRUARY 1, 2017 Selectmen s Meeting Room, Falmouth Town Hall, 7:00 p.m. Present: Absent: Russ Robbins, Chair Mary Schumacher, Vice-Chair Jamie Mathews Betsy Gladfelter Maurie Harlow-Hawkes Courtney Bird Jennifer McKay, Administrator Kristin Alexander, Mark Gurnee, Alternate MINUTES The following minutes will be voted at another meeting: 1/18/2017 Executive Session; 1/25/2017 REQUEST FOR A CONTINUANCE UNDER A NOTICE OF INTENT David & Patricia Smith, 390 Edgewater Drive East, East Falmouth, MA For permission to raze the existing dwelling and construct a single-family 4-bedroom house with attached garage, covered porches, install a Title 5 sewage disposal system, utilities, AC units, outdoor shower, dry wells, driveway, remove the existing shed and the associated clearing, excavating, grading and landscaping. Ms. McKay: The applicants are still working out the design. They are requesting a continuance until February 8, 2017. Ms. Gladfelter: At the request of the applicant I move to continue the hearing until February 8, 2017. Ms.Schumacher: Second. REQUESTS FOR DETERMINATION OF APPLICABILITY Theodore Jellinek, 149 Coonamessett Circle, Hatchville, MA- For permission to vista prune in accordance with the Falmouth Wetland regulations. Ms. McKay: Staff recommends a negative 2 under the bylaw, a negative 3 under the State. Resource area boundaries are not confirmed by this RDA. Ms. Gladfelter: Move to accept staff s recommendation. Ms. Schumacher: Second. REQUESTS FOR HEARINGS UNDER A NOTICE OF INTENT Paul Broyer, 142 Jericho Path, Falmouth, MA For permission to remove the existing stairs and construct elevated timber access stairs and a landing on sonatubes and the associated clearing, excavating and landscaping.
Ms. McKay: No comment at this time. Joel Kubick (Holmes & McGrath) The property is on Little Pond. The existing stairs are collapsing and they would like to build safer stairs in the same location. They will go over the coastal bank. Other resource areas are a coastal beach, salt marsh, land under water. The impact will be minor. Ms. McKay: The applicants were to plant bushes through an RDA last year. How old are the stairs? Mr. Kubick: I don t know but they look old. Ms. McKay: They were not visible in the 2004 or 2014 aerials. The Board should consider whether you want the stairs to be removable because they are in a Velocity zone. Ms. Schumacher: Do you have a feasible plan for removal of the stairs? Mr. Kubick: They will be in sections remove the sections and put them back together. I would like the footings and poles to stay if that s acceptable. Ann Broyer (applicant) The erosion there is so severe and the stairs will be better. By removing them will we be doing more harm to the coastal bank? I d like to see things re-grow and be supported rather than us going down and taking the stairs up and down. Mr. Robbins: The concern is that during a storm this may become flotsam and go all over the place. When a hurricane is coming they will have to be removed. Ms. Broyer: Where should we be standing to do the removal? I really want it to be rebuilt and be stronger. Mr. Robbins: We hear you. Mr. Kubick: There will be open stringers and a lot of flow will be going through there. There will be erosion caused by doing this. If they were strapped won t it be better for resistance? Ms. Harlow-Hawkes: What will you have for the stringers because it says 2 x 12. Is it a solid 2 x 12 piece because it didn t look like it had much light penetration. Mr. Kubick: The stringers? Ms. Harlow-Hawkes: Sorry, I meant the treads. Mr. Kubick: They are proposed to be 2 x 8 s. Ms. Harlow-Hawkes: It says 2 x 12 s. That would be another thing: if you put the open grading on the steps vs. having to take this whole thing out during a hurricane. Knowing a hurricane is coming would then be the only time you have to remove it not every season. It s really not that far off the ground 6 to 8 inches. Vegetation will grow through the steps and will help to stabilize the bank. There is no platform there now so you re adding a 32-sq.ft platform at the top. Mr. Kubick: There is the sloped area off the lawn that is starting to channelize so the platform is there to start to go down the stairs. Ms. Harlow-Hawkes: That would be another thing that is in the V zone. That s a huge square. So that s another thing - with an open grade, water could come up through it. Ms. Gladfelter: For anything to grow it s going to have to be 50% light penetration. Ms. Harlow-Hawkes: It s better than having to take it out half the time and would help to stabilize the bank as far as the light penetration. Ms. McKay: It s like a composite material that lets light go through it so the vegetation will grow. Ms. Harlow-Hawkes: They make it in black now and you don t even notice it in the landscaping anymore. Mr. Bird: I think Maurie has a good point: to yank it out every fall and put it back goes to your point. (to Ms. Broyer) Are you living here year round? Ms. Broyer: Yes. Mr. Bird: So you ll be there if there is a storm in the winter time. I like the idea of the light penetrating decking that reduces the resistance. If you have a genius contractor he might be able to come up with something that resembles a door slide where you put tracks down between the poles and then yank the thing up on the track and you don t have to go down and trash the bank. I m not prepared to design such a thing but it appeals to my construction background. Mr. Robbins: I think the light penetrating decking is a good compromise.
Ms. Gladfelter: In my experience where you have docks and multiple hurricanes through the years what people very quickly figure out is that you have boards that pop out, go into the water and then end up on the shore. You pick them up and put them back on. In this case hopefully we won t have repeated hurricanes and I would say the same thing you did Mary with concern about the storms but I would go for even more of a compromise and just have the lower portion. The possibility of a Cat 5 hurricane is not likely in our lifetimes, but the likelihood that we might have a Cat 1 that comes half way up the bank is more likely. It would be nice for you to just be able to remove the bottom part of the stairs and then replace it afterward. I like the idea that you have this platform because you can see that it s been eroding down in the area and it will be a nice access there. Mr. Mathews: I like the idea of the flo-thru decking. I d like to see more hardware for protection. If it s not going to removable then there should be more hardware. Ms. McKay: Do you want to see a revised plan on that? Or just have him submit one and you can come and look at it? Mr. Mathews: Yes. If we re going to allow it to be permanent with the flo-thru structure, I just think some extra strapping would be good. It s not major but just so it can t break loose. Ms. Harlow-Hawkes: Is it all going to be (?) I didn t see it on the plan. Mr. Kubick: Yes. Ms. Gladfelter: Move to close the hearing and take it under advisement. Ms. Schumacher: Second. Mr. Kubick presented abutter s cards. Peter & Bernadette Levesque, 4 Pond Road, Falmouth, MA For permission to install a 5-ft x 6-ft pier walkway, 5-ft x 10-ft ramp, 8-ft x 12-ft float, to reposition the existing gate, restore native shrubs removed by prior owner, control invasive plants, install an additional 55 sq ft of native perennial plantings and the associated clearing, excavating and landscaping. Ms. McKay: No comment at this time. Barbara Frappier (Warwick & Associates) The property is on Sider s Pond. The prior owner removed the vegetation along the shoreline of the pond. The present owner got an RDA to restore the areas that were cleared without benefit of a permit. They have some shrubs in there, but have to finish. They have a sailfish and some kayaks and want to put in a small dock. Ms. Frappier showed a picture (concept) of the proposed pier. We have a movable ramp they can slide down and put the boat alongside. It will not be solid decking as in the picture. That s the plan for the sailfish. Jen had suggested that the float is not high enough and we should push it out a little further. It will be a simplified Chapter 91 license because we will be under 600-sq.ft by far. We will also put in a kayak rack that is off the top of the bank. There will be some steps on the slope much like you approved next door. It s a short slope but it s kind of steep. Also in talking with Mark about the vegetation on the lot, the next door neighbor has a beautiful mass of bamboo which is spreading into this property quite rapidly so they are in a battle to keep it down. The only way to really do it is to mow it. As long as the neighbors want to keep the bamboo, the Levesques will have their offspring in their yard. In the area where the steps will go, which is the access to the dock, they will continue to mow the bamboo. They are going to plant almost 500-sq.ft of native shrubs and perennials mostly shrubs, but with a focus on a pollinator group that Alex brought before you a few weeks ago. It may not be in the configuration but will be around the existing trees that are left. There s a little garden that will be filled in. Although mitigation isn t necessary they want to put in about that much as compensation for the steps. They may do the lead edge of the ramp leading from the land to the float. We didn t want the holes for the posts to be very close to the edge because it s a little eroded underneath. So we re going to put the posts for the ramp a little more upland but in order to do that we have to move the fence back a little bit where the gate is.
Ms. McKay: They want to keep the fence? Ms. Frappier: Yes. I was concerned about putting post holes so close to the edge. I just wanted that to be an option. There might be a way to screw in the posts. Ms. McKay: Okay. The only thing I was worried about was the dock so just kick that out a bit. Ms. Frappier: I will. I ll bring back a revised plan. Ms. McKay: You don t have to do much just a foot or two. Ms. Gladfelter: Did anyone notice the cement steps on the other side? Cement block I believe. Do you think they should be dug out and the area restored? Ms. Frappier: The ones to the little gate? That s the neighbor s yard. Ms. Gladfelter: No, they are not in the neighbor s yard and precede the fence. They re old and grown over with lichen. Is it better to leave it or just dig them up? Ms. Harlow-Hawkes: If they dig them up then they must re-vegetate the area. They look like they are growing into the earth. Ms. Frappier: I think I know what you mean but they re on the left hand side if you are looking at the pond. They are being consumed by the land. I d leave them. Ms. Harlow-Hawkes: It doesn t look like they have been using them. Ms. Frappier: If we re putting the flowers and bushes there that would preclude them from wanting to use them. Ms. Gladfelter: I m not afraid people are going to use them. I m just saying it s impervious surface in an area where we really don t want any kind of sheet runoff there. Leave them and we ll see what happens next time. Ms. Harlow-Hawkes: They might be pulling them out to plant. Ms. Gladfelter: Maybe we should make a finding that they are there and if they want to pull them out and replant they can. How s that? Ms. Frappier: They can stabilize it and replant? Ms. Gladfelter: Right. Got that Jen? Someone has to write it down or I won t remember when it s time to vote. Ms. McKay wrote the information down. We will need a finding with a special condition attached to it. Mr. Mathews: How do you get rid of bamboo? Ms. Harlow-Hawkes: They dig down and put plastic sheathing in. If it s on their property they can dig down about 8-ft, take out the bamboo, put the sheathing in and bring in all new material. Wherever the bamboo is they have to dig it out. It goes down about 6-8-ft and it s brutal to get rid of. There should be a million dollar fine for people who plant it. It destroyed about two acres of wetland on Little Island Road and it s going to jump the road and will take out the marsh. You can mow it but in 7 days it will grow quite tall. It s not one ounce of habitat. It s so tight that nothing can walk through it. Mr. Bird: How deep are the rhizomes? Ms. Harlow-Hawkes: They can go down 7-10-ft. They must take the soil out and put sheathing down but it s very expensive. Is this a non-motorized pond? Mr. Robbins: I think it is. Ms. Harlow-Hawkes: Let s have a condition that says we don t see motorized boats on the pond. Ms. Schumacher: No questions or comments. Ms. Harlow-Hawkes: Move to close the hearing and take it under advisement. Ms. Gladfelter: Second. CONTINUED REQUEST FOR HEARING UNDER A NOTICE OF INTENT
David & Patricia Smith, 390 Edgewater Drive East, East Falmouth, MA For permission to raze the existing dwelling and construct a single-family 4-bedroom house with attached garage, covered porches, install a Title 5 sewage disposal system, utilities, AC units, outdoor shower, dry wells, driveway, remove the existing shed and the associated clearing, excavating, grading and landscaping. The hearing is continued until February 8, 2017. VOTE ORDER OF CONDITIONS The following Order of Conditions will be voted at another meeting: 62 John Parker Road (Town of Falmouth, c/o Raymond Jack) 02/01/17 Ms. Schumacher: Move to adjourn. Ms. Gladfelter: Second. The meeting adjourned at 7:46 p.m. Respectfully submitted, Susan Cronin, Recording Secretary