The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, MAY 17, 2017 Selectmen s Meeting Room, Falmouth Town Hall, 7:00 p.m.

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1 The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, MAY 17, 2017 Selectmen s Meeting Room, Falmouth Town Hall, 7:00 p.m. Present: Absent: Mary Schumacher, Acting Chair Jamie Mathews Courtney Bird Betsy Gladfelter Maurie Harlow-Hawkes Steve Patton, Alternate Jennifer McKay, Administrator Russell Robbins, Kristin Alexander, Mark Gurnee, Alternate Ms. Schumacher opened the meeting at 7:00 p.m. MINUTES 5/3/2017 Mr. Mathews: Move to adopt the minutes as written. Ms. Gladfelter: Second. OTHER BUSINESS Discuss and vote referral of Shoreview Ave enforcement orders to Town Counsel for further legal action. Ms. McKay: Several months ago 8 to 10 properties on Shoreview Avenue were given 60 days to submit a restoration plan. They were then given a 30 day extension which was up at the end of February. There has been no movement on that and I am seeking your authorization to refer this to Town Counsel. Ms. Gladfelter: Move to refer the enforcement order to Town Counsel. Ms. Schumacher: Have you had interaction with them? Ms. McKay: Yes. REQUESTS FOR DETERMINATION OF APPLICABILITY St Anthony s Parish (c/o Anthony Fusaro), 167 East Falmouth Highway, East Falmouth, MA For permission to remove all trash, an abandoned shed, cinder block BBQ, invasive plants, cut down approximately 6 trees, re-establish a 4-ft trail, remove a 2-ft wall and reconfigure as a prayer area, all as part of an Eagle Scout project. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to coastal bank, BVW/freshwater wetland and in land subject to coastal storm flowage (flood zone A). Ms. McKay introduced Anthony Fusaro, a scout with an Eagle Scout Project. I encouraged him to give you a short synopsis 1

2 of his great community project. Anthony Fusaro (Troop 2) The project will be done behind St. Anthony s Church where an abandoned house burned down. We will clean an existing trail that leads from the house to the cemetery. We will clear the area out and build a natural wall with bushes and natural plants. We will leave the stumps of the cut trees for use as benches. We will remove a lot trash. We will also remove a metal shed that is attracting squatters and make sure the trail stays clear as well as keep the area clean. Ms. McKay: I was impressed by how well prepared you were when you met on site with staff. Staff recommends that you approve this project. Ms. Gladfelter: Why are you seeking CONCOM s permission? Mr. Fusaro: The area is within 100-ft of a resource area. Ms. Gladfelter: What kind? Ms. McKay: It s a BVW. Ms. Schumacher: How will you keep squatters out of the area? Mr. Fusaro: We ll just keep checking the area. Ms. Harlow-Hawkes: Move to accept staff s recommendation. Ms. Gladfelter: Second. Good Builders, 80 County Road (aka 270 Main Street), North Falmouth, MA For permission to construct two previously approved buildings under an expired Order of Conditions (DEP ) where buffer plantings had already been installed. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to BVW/freshwater wetland. An Order of Conditions (DEP was issued three years ago but has recently expired. The native shrub mitigation plantings required under the Order have already been installed but the proposed buildings within jurisdiction has not. The current condition of the native shrubs is good and any that do not survive shall be replaced. The plantings are located beyond the limit of work so they will be protected during the construction process. Once the work is completed, the expired Order shall be closed out with an existing conditions plan that will depict the native planting area. Staff recommends a negative 2 (under the bylaw), negative 3 (under the State). Resource area boundaries are not confirmed by this RDA. Ms. Gladfelter: Move to accept staff s recommendation. Mr. Bird: If the OOC has expired why wouldn t they request a new Order? Ms. McKay: Some of the buildings are already done. All the mitigation is in. Some buildings were in our jurisdiction and some were out. These two were out. D. Arthur LeBlond, 97 Water Street, Woods Hole, MA For permission to repair and replace worm damaged existing pilings on a formerly approved dock under DEP Ms. McKay: Jurisdiction: on coastal bank, in land under the ocean, land under salt pond, land containing shellfish and in land subject to coastal storm flowage (flood zone A). The contractor James German, Coastal Machine, proposed to remove the existing four (4) worm-damaged pilings located along the landward side of the dock. If other pilings become worn out in the next 3 years, the contractor shall contact the Conservation office before any replacement. Staff recommends a negative 2 (under the bylaw), negative 3 (under the State). Resource area boundaries are not confirmed by this RDA. Mr. Bird: Move to accept staff s recommendation. 2

3 Scott & Katherine Anderson, 14 Quahog Pond Lane, West Falmouth, MA For permission to reconstruct and expand the 3-season porch room and entry deck including relocation of the steps into the new room, all built on sonatube style footings. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to coastal bank, inland bank, bank of salt pond, land under the ocean, salt marsh, BVW/freshwater wetland and in land subject to coastal storm flowage (flood zone A). The proposal trades existing bluestone walkway with expanded sunroom footprint closer to the resource area; the project is not moving closer than the present primary structure. The proposed addition is not close to exceeding the 25% of the gross floor area per the DCPC regulations. The removed walkway shall be replaced with loam and seed lawn or with mulch. An existing conditions plan shall be submitted after completion by the engineer. Staff recommends a negative 2 (under the bylaw), negative 3 (under the State). Resource area boundaries are not confirmed by this RDA. Mr. Bird: Move to accept staff s recommendation. Mr. Mathews: Second. Ms. Harlow-Hawkes: We re sure that they are not exceeding the 25% gross floor area. Ms. McKay: Mark checked on it and it s fine. CONTINUED REQUESTS FOR DETERMINATION OF APPLICABILITY Ken & Lorraine Montouri, Lot 7H, Pine Bank Road, North Falmouth, MA For permission to construct a new 3-bedroom single-family house with attached garage, deck, porches with stairs, install walkways, landscape walls, Title 5 sewage disposals system, utilities, dry wells, gravel driveway and the associated clearing, excavating, grading and landscaping. Ms. McKay: State wetland maps show Lot 7H is within the coastal dune designation area. Letters have been submitted from Donald Shall (ENSR) and Leslie Field (WHG) describing why they felt this area does not meet the definition of coastal dune under the regulations. Both assessments were primarily based on the lack of contour for a coastal bank. There are contours and the entire area surrounding the east end of Pine Bank Road appears to be a coastal dune, similar to what is shown on the State overlay map. On 5/517 the applicant ed the Conservation office an opinion on the issue of a coastal dune prepared by Leslie Field (WHG). Staff is in disagreement with the WHG s interpretation and recommends invoking a consultant to obtain a second opinion. Staff recommends that the applicant s representative continue the hearing to allow time for the Commission s consultant to evaluate the extent of the coastal dune or we will issue a Positive 3 (under the State and the bylaw). Resource area boundaries are not confirmed by this RDA. Ms. Gladfelter: Move to accept staff s recommendation. Mr. Bird: If it weren t for the dune it wouldn t rise to this? Ms. McKay: Then we re only dealing with coastal storm flowage. Michael Borselli (Falmouth Engineering) We have been in discussions with your staff and we do request a continuance. The property across the street was issued an OOC. The applicant retained the services of WHG and they have rendered an opinion. We understand that there is concern about the dune and where it is. I understand the consultant s policy states that the applicant has to pay for the consultant. Ms. McKay: We can issue a Positive 3 and then they would have to file an NOI and would still 3

4 need a consultant. The applicant can t disagree with the cost estimate; they can only appeal the consultant s qualifications. Ms. Schumacher: Or choose not to proceed. Mr. Borselli: We reserve our right to look at the cost. Ms. Schumacher called for the vote. Ms. Gladfelter: At the request of the applicant s representative I move to continue the hearing until June14, Ms. Schumacher: Unanimous so moved. REQUESTS FOR HEARINGS UNDER A NOTICE OF INTENT Thornton Lewis, 56 Hamlin Avenue, Falmouth, MA - For permission to raze the existing dwelling and construct a single-family 3-bedroom house with attached garage, deck, porch, install a Title 5 sewage disposals system, utilities, dry wells, driveway, to remove trees and shrubs and install native tree and shrub plantings and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Tom Bunker (BSS Design) presented abutter s cards. Resource areas include Weeks Pond, buffer to that is on the revised plan, (original showed wetland bordering the pond). We staked a wetland line there. LEC looked at it and we submitted a letter from them saying Mark Manganello found no wetland. Jen and Mark found a fringe BVW. We prepared data sheets for that. In the narrative I talk about the proposed dry wells, but they didn t print on the plan. I have submitted a revised plan showing that there are dry wells on the plan. The existing house was built about 1938 and is 33-ft from the inland bank of Weeks Pond. It is mostly in the A zone of the inland bank of the pond. The existing septic system is within 100-ft. There is a dead oak tree and there is not a lot of vegetation beyond the fence. In the proposed plan the house is moving back about 12-ft away from the pond. There is a reduction of impervious area within the A zone of 300-sq.ft. There is an increase in the B zone of 528-sq.ft requiring 1102-sq. ft. of mitigation. 4 trees are being removed and 4 will be put back in. The project meets all the setback requirements. The limit of work will be along the fence. The mitigation planting is proposed in an open area beyond the fence. Ms. McKay: I spoke to Tom today. We have received the LEC revised information. It is not a very wide BVW, but it should be marked accordingly on the plan. Ms. Schumacher: Will that change the mitigation? Ms. McKay: Yes, the former 1438-sq.ft is now 1102-sq.ft. It will be somewhere in between those two. Mr. Bunker: It was done in winter and there was snow on the ground. Mr. Bird: No questions or comments at this time. Ms. Harlow-Hawkes: This is a big increase from a 998-sq.ft house to a 2000-sq.ft house. 64 of oaks will be removed. What caliper inch will be replaced? Mr. Bunker: 2 2 ½ inch trees. Ms. Harlow-Hawkes: Why is the triple oak going? Mr. Bunker: We will try and save it but it s about 5-ft from house. It s a tight spot. Ms. Harlow-Hawkes: Is the fence high enough for wildlife to cross? Mr. Bunker: It will be removed after construction. Ms. McKay: The 22 dead oak why do they want to keep it? Mr. Bunker: We thought you might want to top it. It should be removed. Ms. McKay: If it falls it will go toward the pond. Ms. Gladfelter: Do you have to go to ZBA? 4

5 Mr. Bunker: Yes. Mr. Mathews: Thanks for the dry wells. Mr. Patton: No questions or comments. Mr. Bird: No questions or comments. Ms. McKay: This is a fairly straightforward project and shouldn t take a lot of time on June 14th. Ms. Gladfelter: At the request of the applicant s representative I move to continue the hearing until June 14, Daniel & Linda Shea, 23 Sunset Point Road, North Falmouth, MA- For permission to raze the existing dwelling and construct a single-family 3-bedroom house with attached garage, deck, entryway, install a Title 5 sewage disposals system, utilities, dry wells, driveway, retaining walls, to remove trees and install native tree and shrub plantings and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Tom Bunker (BSS Design) presented abutter s cards. This is the north point of Sunset Point Rd. Resource areas include a Velocity zone, 25-ft. landward delineation of the velocity zone, existing riprap, lawn up to the house, pine trees along the road, 2 dead pines, above the riprap is a coastal bank that drops below a 10 to 1 slope at AE elevation 17. Southeast of the property is a flood zone. There is a waterway that comes onto the lot without benefit of a drainage easement. We are razing the existing house. There is a zoning setback of 50-ft from mean high water. There is land subject to coastal storm flowage and we don t show the B zone from that. Land under ocean is measured from low tide There is a 4-ft tide zone. Low tide is at The A zone is not more restrictive than what they have now. There is no change in coverage. The structure is only about 300-sq.ft bigger. The house is in a velocity zone. The new one is not. A patio has been added that is not closer than the existing structure. The new house is 7-ft further from the coastal bank than the existing one. There is more coverage in the B zone. A circular driveway will bring more coverage for a total sq.ft requiring 3000-sq.ft+ mitigation. It will be 115-ft from land under ocean and 3-ft closer to the bank. We will save the 22 pine. Pines within the street line are being removed and we are adding cedar trees on site. The lawn will be slightly re-graded to make a flatter slope. The plan is to put shrubs in the corners to provide for better survivability. The dry wells are on the plan. Theresa Sprague (Blueflax Design) presented photos. The photos are from the beach looking up. The site has nothing; it is literally lawn. We will remove the existing lawn, plant shrubs and a native grass mix. Mr. Patton: No questions or comments. Mr. Mathews: No questions or comments. Ms. Gladfelter: No questions or comments. Ms. Harlow-Hawkes: The landscaping plan is different than your narrative. Mr. Bunker: We didn t coordinate on that. Ms. Harlow-Hawkes: Why are you not planting in the lawn? Ms. Sprague: I have tried planting in lawns and have found that shrubs get choked out. There will be a mix of pathrush, blue stem and lower growing grasses between the shrubs. Ms. Harlow-Hawkes: I ve seen shrubs do well in a lawn. Ms. Sprague: If you prefer it we will plant in the existing lawn. I prefer to take out the lawn. Ms. Harlow-Hawkes: We ll deliberate that. I only see 4 trees on the lawn and all 4 on 1 side. Mr. Bunker: You have to look at the revised plan dated May 9 th. Ms. Harlow-Hawkes: I have a plan dated 4/24. It is a severe harsh area. Why are you planting 8-ft cedars? 5

6 Ms. Sprague: We re not we re planting smaller ones. Ms. Harlow-Hawkes: Good, because nursery grown cedars will get toasted. Ms. Sprague: That s why we re planning 7-gallon cedars. They should be about 4-ft tall. Ms. Harlow-Hawkes: How big are the shrubs? Ms. Sprague: About 3-ft. Ms. Harlow-Hawkes: It is harsh out there. You could bring it down a bit in the front. Are you redoing the entire lawn? Mr. Bunker: Yes, because of the grading. Ms. Harlow-Hawkes: I have a problem with that. The limit of work is almost 30-ft off the house. There are no waddles and no vegetation on the coastal bank. How will you keep runoff off the coastal bank? Mr. Bunker: It s uphill of the limit of work. Ms. Harlow-Hawkes: Then you re not touching it below the limit of work? Mr. Bunker: Right. Ms. Harlow-Hawkes: I don t know how that will work together. Ms. Sprague: There will be a line in the beginning that will disappear over time. There is not permanent irrigation. Ms. Harlow-Hawkes: The limit of work is very generous at 30-ft. It may be moving. Mr. Bird: I agree with Maurie. Why do you need such a big limit of work? In keeping with the efficiency of the process, you re here asking to do this project and we assume that all your ducks are in line. What if you find out you can t do something? What about the location of the AC units? Did you consult with a hvac guy first or just plant them there? The longer the run the less efficient it is. You may have to come back. Mr. Bunker: I didn t determine where they would go - the architect did. The lawn area will be graded down and that s why we need that distance. Ms. Schumacher: Other than the placement of the trees what are the differences in the two plans? Mr. Bunker: Basically the added patio. It will increase mitigation by about 500-sq. ft. Ms. Harlow-Hawkes: Can you point out the patio on the plan? Mr. Bunker indicated the patio on the plan. Mr. Mathews: Move to close the hearing and take it under advisement. Ms. Gladfelter: Second. Ms. Harlow-Hawkes recused Woods Hole Golf Club, 130 Quissett Avenue, Woods Hole, MA For permission to remove large native trees and shrubs, invasive shrubs and vines, install erosion control blankets, create a biofiltration swale at the edge of the 18 th hole and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Caitrin Higgins (Wilkinson Ecological Design) The project will involve 31,000-sq,ft of invasive plant removal and restoration. There is a mix of native and non-native vegetation. Vines are thriving on the edge of the lawn. In the tree canopy 10 are showing signs of decline and stress. Beyond those trees natives are being choked out by vines. The woodland floor is sparsely vegetated. The invasives have out-competed the natives. The planting and management plan includes plant and animal diversity. We will remove the invasives by hand except in difficult to reach areas. The light green area on the plan is coastal woodland - 12,500-ft of plants. 33 trees are to be removed and 3 trees to each one that is removed will be planted. We will promote a plant community with species appropriate to a habitat for certain animals that are in decline. There will be 65 native shrubs forage for native birds. Ms. Higgins listed the proposed plants. On the edge of the fairway 3500-sq.ft will 6

7 be cleared of invasives and we will plant shrubs. There will be a rain garden to catch storm water. In the southwest corner management here will lead to less erosion. We will plant 244 native shrubs and seed all soils. This increases the biodiversity of the plant and animal species. Ms. McKay: Native plants can be aggressive also. Are you removing all of the sassafras and sumac? Ms. Higgins: We will try to manage some of it. Ms. McKay: What percentage will you remove? Ms. Higgins: 30-40% Ms. McKay: What percentage of invasives are you removing? The trees do look a bit stressed because they have been cutting limbs. That area is within the A zone to the wetland. Ms. Higgins: We did the design work in the winter and it was hard to tell. We could go back and take a look at it. Now that things are in full bloom we may reassess. Would that be helpful? Ms. McKay: It may be required. The fairway edge area does need some work. I do have some concerns with the removal of the oaks. We may ask you to take another look at that area. Ms. Higgins: The density within the larger area was to account for the sumac. We don t want to overplant that area. Ms. McKay: There is another dead oak. Is that on your plan? Ms. Higgins: Yes, that s one we ve identified to be removed. Ms. Gladfelter: I am opposed to removing any oaks in an A zone. It doesn t meet the performance standards. You would have to request a variance. Planting oaks to the west is not a problem. If you were to remove oaks in the V zone 5 how would you approach that area? Ms. Higgins: With a combination of machinery, but mostly hand work. Maybe where the chokeberry is, machinery would be needed. Ms. Gladfelter: There are a lot of invasives that could be freshened up. The area is serving to protect the freshwater swamp. Ms. Higgins: The grass layer that is lacking will protect the swamp better. Ms. Gladfelter: I have no problem with that. But native woody shrubs and these large oaks will do the same. I hate to see the root system disturbed. It is a huge surface area. Mr. Mathews: No questions or comments. Mr. Patton: The oaks to be removed from the A zone why? Ms. Higgins: They are in decline. Mr. Patton: Do you expect that to continue? Ms. Higgins: Yes. The trees will die and hit all the newly planted species. Ms. Gladfelter: That s part of the native wood. Ms. Higgins: We re not removing all of them - just the ones in decline. Mr. Bird: I agree with Betsy. If an oak is dead remove it, but not a healthy one. Ms. Gladfelter: I wouldn t even remove a dead one. Things live in declining trees. Mr. Bird: I agree. The plants you selected will survive in that area? Ms. Higgins: Yes. Mr. Bird: Will you apply desiccants? Ms. Higgins: Yes. Could we flush cut them and allow them to grow? Ms. Gladfelter: There have been a few places where we allowed flush cutting, but I d prefer to leave them. There are vines and you have to manage them. Mr. Bird: The oaks that are showing signs of stress may have been hurt by gypsy moths. I spray the ones on my property and you might want to look at that. Why take them down? Ms. McKay: Would you be willing to go back out now and see if the area is re-growing. I don t have any problem with the removal of the invasives and the management of sassafras. Ms. Gladfelter: I want to know the plan. Mr. Bird: I have a little concern about tearing down the sumacs. They are not the same as bittersweet. Ms. Gladfelter: You can take all the bittersweet out. 7

8 Ms. Higgins: If nothing is done, all the invasives will go to the wetland. Mr. Patton: Other than removing the oaks, it s a great plan. Ms. McKay: I can meet you out there on the 1 st or 2 nd of June. Could you put the plan together by. the 7 th and be here on the 14 th. Because of a possible quorum problem, I suggest we continue the hearing until the 28 th of June instead. Ms. Gladfelter: At the request of the applicant s representative I move to continue the hearing until June 28, Ms. McKay: What is the best time to start the project? Ms. Higgins: The 14 th of June. What is the best way to plan a site visit? Ms. McKay: me. Mr. Bunker presented abutter s cards. Maurie returned to the meeting Donald & Kathleen Meschisen, 20 Circle Road, Waquoit, MA For permission to raze the existing dwelling and construct a single-family 3-bedroom house with attached garage, deck, entryway, install a Title 5 sewage disposals system, utilities, dry wells, driveway, retaining walls, to remove trees and shrubs and install native tree and shrub plantings and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Michael Borselli (Falmouth Engineering) presented abutter s cards. The house has frontage on Seapit Road and Seapit River. The waterfront has a riprap retaining wall. The applicants share the dock with their neighbor to the south. Resource areas include a coastal beach, land under ocean, land containing shellfish, salt marsh and a BVW to the north on the other side of the street. Data sheets were provided. There is a coastal bank, flood zone AE 12 and no disturbance zones A and B. I have provided a summary of impervious surface increases on the plan. There will be a net total of mitigation of over 10,000-sq.ft. Nothing will be closer to the wetland resources. The house shifts back from them. Mitigation is required for the new driveway and garage. The driveway is a significant reason for the required mitigation planting. The cesspool will be replaced by a new Title 5 system placed as far away as possible from the wetlands but less than 100-ft from the coastal bank. The coastal bank is the type that does not have a no disturbance A connected to it. The mitigation plantings are in the A zone to the BVW. Adjacent to it will be buffer plantings and we will enhance the buffer with additional buffer plantings. The limit of work is wrapping around the house. Dry wells will be included. There is also a limit of work surrounding the edge of the driveway. The AC unit and the rinse station are shown. Theresa Sprague (Blueflax Design) presented photos. The amount of mitigation required is 11,500- sq.ft. We propose 5,000+ in zone A and in zone B. 11 trees are to be removed as well as some black locust trees. The English ivy and bittersweet will be removed. There are many plantings and exotic vegetation. We will remove all non-native species and plant in the existing mulch area. We will remove some of the existing lawn. There is no understory. We will plant winterberry, holly, low bush blueberry, etc. There will be 30 trees to replace the 11 removed. Ms. Sprague listed the types of trees. South of the proposed driveway we will plant Tupelo trees. On the top of the riprap we will remove black locust and plant pitch pine, beach plum, sweet fern, etc. East of the garage we will remove black locust and plant holly. We will remove the cherry tree and plant a tupelo. The existing driveway south of the garage will be torn up and grass seed planted. Because of the function of the property we will leave the lawn area to the east of the house open. Site lines to beach and dock are important. Ms. McKay: I met with Theresa and Mike on-site and asked why more of the mitigation plantings 8

9 weren t planted near the river. We have to look at the fact that the property could change hands and that use might be different. I d like to see the mitigation closer to the resource areas. If you would move some closer to the river area it would be good. Mr. Patton: No questions or comments. Mr. Mathews: The garage and pavement are staying? Mr. Borselli: The garage is staying and will be used for storage. The pavement up to the garage will stay, but some will be removed. Ms. Gladfelter: I m glad you re moving it back from the river however some mitigation should be planted between the limit of work and the resources. Mr. Borselli: The width of the grass area is about 35-ft. It is where they gather for outside activities and have done so for a long time. Ms. Gladfelter: What will be planted in the area? Ms. Sprague: 3 American holly trees and pitch pines. We will leave the access path. We are trying not to block off the beach area. There are almost an equal number of plants in zone A and zone B. 40 trees and 648 shrubs will be planted. Ms. McKay: Why are you removing the black locusts? Ms. Sprague: They are non-native. Ms. Gladfelter: But they are nitrogen fixers. Ms. Sprague: A nitrogen fixer that is non-native. Ms. Gladfelter: Some wetlands are protected by black locusts. Ms. Sprague: We re only proposing to remove them because they re non-native. Ms. Harlow-Hawkes: 939-cal inches will be removed. How big will the replacements be? Ms. Sprague: I don t know - about 1-ft to 1 ½ -ft. Ms. Harlow-Hawkes: The 3 American holly trees? How tall are they? Ms. Sprague: 3 to 4-ft. Ms. Harlow-Hawkes: They are too close. Spread them out. Ms. Sprague: There is room to spread them out there. That s not a problem. Ms. Harlow-Hawkes: The integrity of the existing trees that you re leaving how can you dig around them? What is by the existing dock? Ms. Sprague: All locusts. Ms. Harlow-Hawkes: What are the 8-10 double deciduous? Ms. Sprague: Also locust. Ms. Harlow-Hawkes: By the BVW you will plant in the understory. I m concerned about the health of the existing trees. Ms. Sprague: 10-ft around the trees will not be planted. Ms. Harlow-Hawkes: There is an existing double trunk in the middle. Moving the driveway literally 7-ft would save a 14 oak and 10 pine. You are replacing them with inkberry. There is no reason to cut them down. Ms. Sprague: It s due to grading. The topography is driving the resource areas. They need a retaining wall and a turning radius for their car. Ms. Harlow-Hawkes: The oaks are in the coastal bank. They could move the driveway over. These are substantial trees and are being replaced by tupelos. How much fill will go on the top of the wall? Ms. Sprague: The driveway is being driven by the placement of the garage and the house. The house is shifted back. Ms. Harlow-Hawkes: How far? Ms. Sprague: 5-ft. The applicants are looking for wheel chair accessibility. Ms. Harlow-Hawkes: We are losing oaks and to plant a Tupelo in its place! 139caliper inches are being cut down. Mr. Borselli: I think we can find a way to address your concerns. The top of the wall is the same elevation as the driveway. (Elevation 14) It s a 30 inch tall landscape wall with a small amount of 9

10 fill. It might change. Mr. Bird: I agree with everybody. There is nothing I can add, but I do think you have a lot of food for thought. Ms. Gladfelter: At the request of the applicant s representative I move to continue the hearing until June 14, Kathy Meschisen (applicant) We want the line of site for safety reasons. We have had to get to the water quickly. At one time we were able to save some boy scouts who were in trouble on the water. We also have elderly parents and the 1 st floor of the house is wheelchair accessible. There has been a lot of discussion re mitigation for the driveway. The lawn is the flattest where we congregate. We will look at plans but would like to preserve as much as we could. Ms. Harlow-Hawkes: Will your new address be on Seapit? Ms. Meschisen: I don t think so. CONTINUED REQUESTS FOR A HEARING UNDER A NOTICE OF INTENT Roderic & Marylyn Komar, 164 Acapesket Road, East Falmouth, MA For permission to construct and maintain a 4-ft x 121-ft pier, 4-ft x 4-ft platform, 4-ft wide access stairs, 6-ft x 15-ft fixed Tee section, 6-inch x four (4) 6-inch posts, twenty-four (24) 10-inch vinyl coated pilings, install a stone driveway, replace nine white pine trees with nine red cedar tree and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Matt Costa (Cape & Islands Engineering) presented abutter s cards. Resource areas include: land under ocean, salt marsh, BVW, coastal bank, land subject to coastal storm flowage. As for the historic cutting, we weren t aware of that. We are proposing to replant that area. The project doesn t trigger any mitigation, but we will restore the disturbed area. The property fronts on Green Pond. There is a fixed pier. A shellfish study was done and no density was exceeded. Neither the Harbormaster nor the Shellfish Constable has a problem with the project. The white pine trees are getting unruly and large and we will replace them in kind with cedar trees. Ms. McKay: When we went out there we had no problems with the dock, just the restoration plan and he s addressed that. Mr. Bird: No questions or comments. Ms. Harlow-Hawkes: How tall are the cedar trees? Mr. Costa: 8-ft. Ms. Gladfelter: What material is the pier? Mr. Costa: I was just going to use tru-flo for the salt marsh area, but it is very nice looking and may be used for the whole pier. Mr. Mathews: No questions or comments. Mr. Patton: No questions or comments. Ms. Harlow-Hawkes: Move to close the hearing and take it under advisement. Salt Pond Area Bird Sanctuaries, Inc. & Quissett Harbor House Land Trust, Inc., 48 & 71 Quissett Harbor Road, Falmouth, MA For permission to conduct maintenance activities to preserve the cultural and natural resources at the Knob through trail and access maintenance, erosion control, vegetation management and the associated clearing, excavating, grading and landscaping. 10

11 Ms. McKay: No comment at this time. Lesley Field (WHG) This is an update management plan from the 1998 plan. Despite careful stewardship the resources at the Knob are suffering from heavy use. We are seeking a comprehensive permit to address long term things to protect the resources. The work is part of an adaptive management plan. There are 19 sites where work is currently needed: trail maintenance re-grade paths 1,2 and 7; trail signs are needed on trails 14,15, 16 and 17; erosion control is needed fill and close channelized paths 4, 5 and 6; fencing to control access to path 3; debris removal and erosion control blankets on 8, 9 and 10; sand fill to maintain fiber roll array on 11; vegetation management requires tree removal from the coastal bank on 12 and 13; access maintenance maintain access for equipment on 18 and 19. All work will be done by hand. We will put some native seed where gall wasp work was done. We will use selective herbicide to remove invasives. All work will be done by hand or, if necessary, a small bobcat. Ms. McKay: I went out there with WHG and Salt Pond Bird Sanctuaries and have no concerns with the proposed work. Ms. Gladfelter: It will improve the resources. Mr. Mathews: No questions or comments. Mr. Patton: It s a good plan and I d like to volunteer to help. Ms. Harlow-Hawkes: I really appreciate the work you do. Mr. Bird: The paths to be closed off - people get in the habit of going a certain way. Will you use a snow fence? Ms. Field: No, a split rail fence 8-ft wide. Ms. Gladfelter: Move to close the hearing and take it under advisement. Mr. Mathews: Second. REQUESTS TO AMEND THE EXISTING ORDER OF CONDITIONS Town of Falmouth DPW (c/o Raymond Jack), 62 John Parker Road & 52 Ox Bow Road, East Falmouth, MA Request to amend the existing Order of Conditions (DEP ) that allows the removal of the entire spillway associated with the dam also located on 52 Ox Bow Road. Ms. McKay: The only reason for the amendment is to include 52 Ox Bow Road in the OOC for the Coonamessett River project, since the trust has an easement on the property. Mr. Bird: Move to close the hearing and take it under advisement. ENFORCEMENT ISSUES Hugh & Marilyn McGourty, 2 Cypress Street & Little Bay Street (Map 39A ), East Falmouth, MA For clearing and altering wetland resource area and in buffer to resource areas as defined in FWR and 310 CMR Ms. McKay: The Board heard this a few weeks a few weeks ago. The hearing was continued to allow the property owners to meet with Mark. That has been done. The McGourtys assured Mark they would reach out to a consultant, but as of May 5 th they haven t done so. We need a formal enforcement order to restore the buffer within a 60 day window. Ms. Gladfelter: Move to issue an enforcement order. 11

12 VOTE ORDER OF CONDITIONS 89 Walker Street (Heyl) 05/17/17 Quorum: Steve, Jamie, Betsy, Mary, Maurie, Courtney Ms. McKay: This is the little teeny house. Was there anything about the trees? Ms. Harlow-Hawkes: To protect the maple. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Lot 46, Westwood Drive (Nyes Neck Association) 05/17/17 Quorum: Steve, Jamie, Betsy, Mary, Maurie, Courtney Ms. McKay: This is the continuing beach nourishment project. I will look at an older Order. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Lot 2, Dale Drive (34 Tupelo Road Realty Trust) 05/17/17 Quorum: Steve, Jamie, Betsy, Mary, Maurie, Courtney Ms. McKay: We have a revised plan showing the expansion in the A zone of the vernal pool. It is just to get access to the back lot. The post and rail fence will be 10-ft beyond the split tree, 10-ft further in. I will mention the revised plan and make findings about the property being donated to Salt Pond Sanctuaries. Mr. Bird: Move to adopt the Order of Conditions as discussed. Mr. Patton: Second. 249 Shorewood Drive (Goldschneider) 05/17/17 Quorum: Steve, Betsy, Mary, Courtney Ms. McKay: This is the pool, replanting a wall and the boat ramp. Ms. Gladfelter: Jack Landers-Cauley should be on site. An environmental monitor should be on site. Mr. Bird: They must notify staff when they are ready to do the in-water work. Ms. Gladfelter: They have to tell staff before they start the work. Ms. McKay: I just don t have a comfort level with it. Mr. Patton: Move to adopt the Order of Conditions as discussed. Ms. Gladfelter: Second. 5 North Chop Lane (McDevitt) 05/17/17 Quorum: Jamie, Betsy, Maurie, Courtney Ms. McKay: This is the 940-yds of sand for beach nourishment. Ms. Harlow-Hawkes: They plan to feather the sand into abutting land that they don t own. The sand will be going 70-ft into the water. We have never let people put beach sand nourishment longer than 12

13 mean high water. Ms. Gladfelter: The abutter won t be upset because the sand will be on their beach. I am opposed to this much sand. Ms. Harlow-Hawkes: The Town put sand on one of our beaches and we never got a record to see what it did. There has been no documentation. This is a lot of sand in a potential eel grass area. Ms. Gladfelter: I think we should limit the amount to 100-cuyds. The amount they are proposing would require 6 trucks. Mr. Bird: Yes. Ms. Harlow-Hawkes: Are we okay with them going out 70-ft? Just mean high water. Ms. Gladfelter: No more than 100-cuyds. And monitoring before they do it. We want pictures and a beach profile before and after the beach is nourished and a year after it. Mr. Bird: And they must notify us the day they do it. Ms. Harlow-Hawkes: The granite steps can go in? Ms. McKay: Yes. Mr. Bird: Move to adopt the Order of Conditions as discussed and conditioned. 93 Falmouth Heights Road (Rodenhiser) 05/17/17 Quorum: Steve, Jamie, Betsy, Mary, Maurie, Courtney Ms. McKay: This is the amendment to increase the floats from 4-ft to 5-ft. Mr. Bird: Move to adopt the Order of Conditions as discussed. Mr. Patton: Second. 186 Meadow Neck Road (Scarduzio) 05/17/17 Quorum: Steve, Jamie, Betsy, Mary, Maurie, Courtney Ms. McKay: This is the dock with pilings. It s in the ACEC. They need bigger pilings. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Mr. Mathews: Second. Ms. Gladfelter: Move to adjourn. The meeting adjourned at 10:05 p.m. Respectfully submitted, Susan Cronin, Recording Secretary 13