The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, FEBRUARY 22, 2017 Selectmen s Meeting Room, First Floor at Town Hall, 7:00 p.m.

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1 The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, FEBRUARY 22, 2017 Selectmen s Meeting Room, First Floor at Town Hall, 7:00 p.m. Present: Russ Robbins, Chair Mary Schumacher, Vice-Chair Jamie Mathews Betsy Gladfelter Maurie Harlow-Hawkes Kristin Alexander Courtney Bird Mark Gurnee, Alternate Steve Patton, Alternate Jennifer McKay, Administrator Mr. Robbins opened the meeting at 7:02 p.m. MINUTES 2/8/2017 Mr. Mathews: Move to adopt the minutes as written. Ms. Gladfelter: Second. Mr. Robbins: 8 yes, 1 abstention (Schumacher) OTHER BUSINESS Discussion and vote Shallow Pond Woodlands Conservation Restriction. Jessica Whritenour (Administrator 300 Committee) We have two Conservation Restrictions (CR) ready for Conservation Commission approval. This one has been reviewed by the 300 Committee and the State which has provided their comments. Shallow Pond Woodlands is comprised of 69.7 acres on Thomas Landers Road and abuts the Brievogel CR. Ms. Whritenour presented a map of the area to the Board. The plan of the land is incorporated into the CR. This is the third presentation of the proposal before the Commission. A CR is a requirement to be able to receive a State Land Grant ($400,000) and a grant from CPC ($250,000). The remainder of the funds needed to purchase the property will be raised by the 300 Committee. We will be closing on March 31, We agreed that we would like the Town to complete the CR that will be owned by the 300 Committee and ConCom will hold the CR. The CR allows passive recreational activities that are listed in the CR. We are also allowed to have a parking area of up to 10 spaces, as well as a bike rack. There is standard language in the CR. There will be a habitat restoration project and the land management plan will have to be completed by June. Mr. Mathews: You have said that the parcel will be owned by the 300 Committee, but the CR says it will be owned by the Town. Ms. Whritenour: The grantor is the 300 Committee and the grantee is the Town of Falmouth. Ms. Harlow-Hawkes: The CR mentions a split rail fence? Is there any flexibility on that? Ms. Whritenour: I ll check on that. Ms. Gladfelter: It s a great project. Thank you to the 300 Committee for continuing to find these parcels and making them available for a CR. Ms. Whritenour: We couldn t do it without the help of the Town and the Commission. 1

2 Ms. Gladfelter: Move to accept the Conservation Restriction on Shallow Pond Woodlands. Discussion and vote Martineau - 44 Rockledge Drive Conservation Restriction. Jessica Whritenour (300 Committee) presented a map of the property to the Board. The second parcel is two acres adjacent to another CR (Salt Pond). The property has been declared eligible for a tax credit which requires strict criteria. The Land Trust is required to convey the property to the Cape Cod Conservation Trust. What is the public benefit of the CR? It contains valuable plant and wildlife habitat, a potential vernal pool, estimated habitat for rare wildlife, and priority habitat. Passive recreational activities are also allowed. We have no immediate plans to do anything here. We received the donation of land in January and the process has to be finalized in Ms. Schumacher: Is the area undeveloped? Ms. Whritenour: Yes. Ms. Gladfelter: Move to adopt a Conservation Restriction on the Martineau property at 44 Rockledge Drive. Mr. Bird: Second. Presentation by Rod & Gun Club regarding restoration of Farley Bog Childs River & Farley Bog Restoration Proposal Gary Anderson (Treasurer of the Falmouth Rod & Gun Club). Joining us tonight is Dan Murphy (President) and Tim Lynch (Vice-President) of the Club. The project partners are the Falmouth Rod & Gun Club (FR&GC); Sporting, Safety, Conservation and Education Fund of Falmouth, Inc. (SSCEFF); Town of Falmouth, Town of Mashpee; MA Department of Fish and Game, Division of Ecological Restoration (DER); US Fish and Wildlife Service (USFWS); Friends of the Mashpee National Wildlife Refuge; Waquoit Bay National Estuarine Research Reserve (WBNERR); Mashpee Wampanoag Indian Tribe; Association to Preserve Cape Cod (APCC). The Farley Bog is located in East Falmouth, MA and borders the Falmouth/Mashpee Town line. The Farley Bog and the Childs River are part of a 12.5 acre parcel owned by Falmouth. The river extends north from the Farley Bog to the Gardner Bogs all of which are within the Mashpee parcel. Both bogs have been abandoned for well over three years and are beginning to go feral. Due to restricted flow of the river and ponds formed by a dam, the upper Childs River is now too warm and shallow to encourage migration and spawning of Brook Trout and Herring. The FR&GC owns 186 acres of land in Falmouth and Mashpee which virtually surrounds the Farley Bog and the portion of the Childs River leading north to the Gardner Bogs. The FR&GC has proposed to acquire these parcels to rehabilitate the upper Childs River and restore the Farley and Gardner cranberry bogs to wetlands, by removing a dam which creates two shallow ponds, rerouting the upper Childs River to the west side of the bogs, constructing an embankment along the east side of the river and planting native plant species. The FR&GC would place a Conservation Restriction on the land and river to ensure it would remain undeveloped and would continue to allow the public access to its significant acreage for hiking and enjoying nature. Anticipate start: early summer of 2017; estimated completion: 5+ years. Ms. McKay: At this time the Board has to decide if it is appropriate for the FR&GC to lease or purchase the property. Staff and counsel recommend that the Town declare the land surplus so that the FR&GC can purchase the property. There are two things for you to vote on tonight. (1) Declare the property surplus land and (2) give the FR&GC the ability to purchase the property. 2

3 Ms. Gladfelter: Strategically this is the way to go. The FR&GC can apply for monetary sources that we can t. Ms. McKay: Once this is done ConCom will present the recommendation to the Selectmen for approval. Mr. Anderson: And then it will have to go to the State for approval. Ms. McKay: Once this Board recommends it to the Selectmen the process will begin. Ms. Schumacher: When was the lease abandoned by the farmer? Ms. McKay: In Mr. Mathews: Is it relevant whether the land is owned or leased by you? Mr. Anderson: We will have a better chance at resources that the Town does. Vote whether Farley Bog may be used for agricultural purposes. Mr. Robbins read the proposed motion. Ms. Schumacher: Vote that the Farley Bog, shown on Assessor s Map , has not been in agricultural use for more than three of the preceding five years, and that pursuant to Massachusetts Wetlands Protection Law and the Falmouth Wetlands Protection Bylaw and state and local wetland regulations can no longer be used for agricultural purposes. Mr. Bird: Second. Vote to declare Farley Bog surplus to needs of Conservation Commission with restrictions on future use limited to terms of a conservation restriction. Mr. Robbins read the proposed motion of surplus land. Ms. Gladfelter: Vote to declare pursuant to M.G.L. c.40, Sec. 15A, that the Farley Bog, shown on Assessor s Map and under the care and control of the Conservation Commission, is surplus to its needs and the fee interest is available to transfer subject to: (1) a conservation restriction held by the Conservation Commission restricting the property to open space and conservation uses; and (2) compliance with Article 97 of the Massachusetts Constitution, including approval of the transfer by the Massachusetts Department of Environmental Protection, a town meeting vote authorizing the filing of special legislation to obtain approval of the general court of the transfer, and 2/3 s vote of the general court approving the transfer. Pursuant to M.G.L. c. 40, Sec. 15A, notice of this vote shall be provided to the Board of Selectmen and a 2/3 vote of Town Meeting approving this transfer shall be required. Ms. Schumacher:Second. REQUESTS FOR DETERMINATION OF APPLICABILITY Cindy & David Kaighin, 55 Bournes Pond Road, East Falmouth, MA For permission to install a landscape wall, a generator, blue stone landing, replace RR ties with cobble stones, reconfigure the existing driveway, remove pines and replace with cedars and tupelos, install native shrub plantings, trim trees over house and the associated clearing, excavating, grading and landscaping. Ms. McKay: Jurisdiction: on coastal bank and within 100-ft resource area buffer to coastal bank, bank of salt pond, land containing shellfish and in land subject to coastal storm flowage (flood zones A & V). Staff reviewed this landscape project with Terry Soares, Soares Landscaping on multiple occasions. Most work is located along the street side of the house. Calculations made for impervious increase, native shrub plantings proposed, erosion control measures taken and monitoring reports shall be submitted by Soares landscaping. The project meets the Falmouth Wetland regulations. Staff 3

4 recommends a negative 2 (under the State and the bylaw). confirmed by this RDA. Resource area boundaries are not Mr. Bird: Move to accept staff s recommendation. Roberto Braceras, 460 Acapesket Road, East Falmouth, MA - For permission to repair and replace the existing licensed dock approved under DEP Ms. McKay: This is a previously licensed dock consisting mainly of floats. They are asking to replace floats and at the same time will be removing some floats that shouldn t be there. Staff recommends a negative 2 (under the State and the bylaw). Resource area boundaries are not confirmed by this RDA. Ms. Gladfelter: Move to accept staff s recommendation. Ms. Harlow-Hawkes: It sounds like everything is getting a lot bigger. Ms. McKay: But they are also removing a lot of things -bringing it back to its original size. Barry & Karen Bogosian, 99 Belvidere Road, Falmouth, MA For permission to pump, fill and abandon the existing cesspools, raze the existing dwelling and construct a new 5-bedroom singlefamily house with an attached garage, decks, covered patio, install a new Title 5 sewage disposal system, shed, stone driveway, utilities, dry wells and the associated clearing, excavating, grading and landscaping. Ms. McKay: Jurisdiction: within land subject to coastal storm flowage (flood zone A). The property is only within flood zone A. There are no drainage issues with storm water and the first floor elevation is to be located 2-ft above the base flood elevation (flood zone A, elevation 11-ft). 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. REQUESTS FOR HEARINGS 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: The applicant has requested a continuance until March 15, Ms. Harlow-Hawkes: At the request of the applicant I move to continue the hearing until March 15,

5 Charles & Wende Salyards, 42 Whitecaps Drive, East Falmouth, MA For permission to construct and maintain a house addition, deck reconstruction and expansion, install a porch, patio, reconfigure the existing driveway, install a catch basin, dry wells, native tree and shrub plantings and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Raul Lizardi ( Holmes & McGrath) presented abutter s cards. This is an addition to the existing house. Mr. Lizardi presented colored plans to the Board. The garage addition will be on the front of the house. That portion is within 100-ft to setback to resources, wetland resource area B. The expansion of the back deck will be within buffer zone A. We will be filling 3 areas that are currently cleared (535-sq.ft.) That is for the 168-ft addition in zone B and the addition in zone A. The improvements include: adding drainage and dry wells for runoff. There will be no increase in the septic system because there are no additional bedrooms proposed. Ms. McKay: No questions or comments. Mr. Bird: No questions or comments. Ms. Alexander: No questions or comments. Ms. Harlow-Hawkes: The grasses above the blueberry bushes and Tupelo tree - can it (tree) go up into the grass area? By the fieldstone retaining wall? Mr. Lizardi: There are some trees there, but it will not be a problem. Ms. Harlow-Hawkes: The tree will take up more nutrients up further. You know they will be planting in the lawn. Is the shed permanent? Mr. Lizardi: It was there in 98. Ms. Schumacher: No questions or comments. Mr. Gladfelter: No questions or comments. Mr. Mathews: No questions or comments. Mr. Gurnee: The boat racks how will they be accessed? Mr. Lizardi: I m not sure. Mr. Gurnee: Are they kayak racks? Mr. Lizardi: I m not sure about that either. Ms. Gladfelter: Move to close the hearing and take it under advisement. 66 Crowell Road, LLC, 66 Crowell Road, East Falmouth, MA For permission to install and maintain approximately 100 linear feet of coir fiber roll and a sand filled envelope, remove tree and shrub vegetation along the bank, install plantings across the array and native buffer plantings in accordance with DEP and the associated clearing, excavating, grading and landscaping. Ms. McKay: No comment at this time. Raul Lizardi (Holmes & McGrath) presented abutter s cards and graphics. The project has nothing to do with the existing dwelling. The property is adjacent to Bournes Pond. He presented pictures to the Board. The erosion is about 9-ft from the deck and 21-ft from the house. The tree roots along the bank are exposed. We are proposing a soft solution to stabilize the coastal bank that will be 100-ft long. After the last roll is put in, we will re-grade the area. The current erosion doesn t reach the top of the coastal bank. Several trees are already leaning and we will take them out. There are a couple of areas along the top of the coastal bank, according to a prior OOC, that stated that the top of the coastal bank be maintained with vegetation. The area does not conform to the OOC and it is proposed to repair that. Access to the beach is through an existing clearing. There is no lawn per se. There is a remnant of a concrete path which will be removed. It is over a salt marsh. The construction access to the site is on the plan. The lower 2 or 3 rolls will be covered with additional sand for nourishment. We may need to add additional sand at certain times. 5

6 Ms. McKay: Will the Cedar tree be protected? I walked your access and there is a cedar right in the way. Mr. Lizardi: No tree is going to be removed in the access. Ms. McKay: Is Seth doing the fiber rolls? The blue stakes were for the proposed rolls and the array is seaward of that? Mr. Lizardi: The array will not reach the trees. The tree roots on the very top will be covered by sand. The fiber rolls don t reach the top of the erosion. Ms. McKay: What kind of machines will be going down there? Seth Wilkinson (Wilkinson Ecological Design) A small size excavator will be used - 5-ft wide. It s a narrow foot path. He presented pictures to the Board. The tree in question shouldn t be a problem. Ms. McKay: The trees in the field are marked in yellow. Will you be planting the array afterward? Mr. Wilkinson: Prior actually. Ms. McKay: Will you plant grasses? Mr. Wilkinson: In the fiber rolls, yes. Above them will be bayberry, black huckleberry and choke berry. There will be a native seed mixture. Ms. McKay: If any of the 5 trees have to be removed, we are to be notified. Ms. Gladfelter: This is one of the more interesting sites. You have more experience than I do. Could it be that the destruction of the salt marsh could have led to the destruction of the bank? Mr. Wilkinson: It s a fringe marsh, but it does help to stabilize the coastal banks. Part of it is geometry and conditions but there is an alignment with the marsh. On some projects we have developed a way to solve this problem with pillows made out of coconut fiber. We grow the pillow inside and then anchor it down. It will naturally harvest sand. It s still experimental and doesn t work at every site. We could put a couple of mats in there. If it works you get that excretion and marsh grass will grow over time. Ms. McKay: Could you use that in this area? Mr. Wilkinson: Yes we could put a couple of mats there and give you a description on how it s doing. I think the applicant would go along with a couple of pillows. Ms. Gladfelter: I would urge you to urge him to add a little protection this way. Mr. Mathews: No questions or comments. Mr. Gurnee: The bank is consolidated. How will the sand stay on the rolls? Mr. Wilkinson: It s about as steep as you can pile sediment. It s a sand filled envelope and biodegradable. At high tide it s a narrow beach. Any nourishment at the toe is short-lived. By encapsulating it, it lasts longer. It will have to be nourished every 3 years, maybe more. But it provides a bit of a back stop. A 2 to 1 slope will hold the sand. We are able to keep sand on 1 to 1 slopes but it is challenging. The envelope at the bottom lessens steepness. Mr. Gurnee: Sand put on loosely never stays on a 1 to 1 slope. You should try to get it at least 1 ½ to 1. Mr. Wilkinson: We created a bowl at the bottom. It will be more like a 1 ½ to 1. Mr. Gurnee: Will you keep the bottom rolls aimed at the slope. Mr. Wilkinson: The bottom 3 has the encapsulated sand. It starts to leak out year 2 and needs to be replaced by year 3. Ms. Schumacher: I m confused about what you are doing for maintenance. The OOC is for 3 years are you asking for more? Mr. Wilkinson: No, after 3 years we can tell you what we have done and what we will need to do going forward. Ms. Harlow-Hawkes: In the photos a lot of dead oak leaves are shown. Why are they dead when everything else is green? Mr. Wilkinson: Grasses will still be green in December. Ms. Harlow-Hawkes: Are you sure you can save the trees with the exposed roots? Mr. Wilkinson: If the roots aren t disturbed during construction, they will be fine. 6

7 Ms. Harlow-Hawkes: Cover them and hope for the best. On the landward side you can see there is overwash? Will you do something about that? Mr. Wilkinson: There are plans in place to renovate the home and move it back. With that there may be more landscape changes. They have never had a problem with the overland flow. Ms. Harlow-Hawkes: There is a large concrete block patio and no drywells. You have to address erosion from both sides. What are we getting back in return for losing trees? Mr. Wilkinson: If nothing is done they will end up at the bottom of the bank. We are looking at this as providing a lot longer life for the bank. They are only being removed because they are undermined and not worth saving. Ms. Harlow-Hawkes: I m concerned about the caliper inches of the trees being removed. How much is being removed and how much is coming back? Mr. Lizardi: It does show the caliper inch being removed on the plan. Ms. Harlow-Hawkes: I see that but what is the caliper inch going back? You can find it Raul. Mr. Wilkinson: We are trying to match sediment contribution that is naturally coming out with the sand on the rolls. Ms. Harlow-Hawkes: As long as there isn t a big deluge of sand. How much are you adding? Mr. Wilkinson: Not a great amount. We are trying to mimic the natural flow. Ms. Harlow-Hawkes: Will you get us the amount of sand coming in? Mr. Wilkinson: Yes. Ms. Alexander: Is the sand compatible? Mr. Wilkinson: Yes, we match it as best we can to what is there. It is targeted right at the plant. Ms. Alexander: I don t think that would be a big impact on the salt marsh. Just bring the jute in and put it where it was. How tall are the trees in the construction access? Mr. Wilkinson: 6 high 7-ft high. Ms. Alexander: Will there be ongoing maintenance? Mr. Wilkinson: Yes, but there is not a heavy invasive plant source. We will use the hand removal process after the work has been done. Ms. Alexander: Will you be leaving the root to keep the bank stabilized. Mr. Wilkinson: Yes. Mr. Bird: All things working right, properly maintained, no serious storm what is the life expectancy? Mr. Wilkinson: With regular maintenance, i.e. putting sand on it as needed with the first significant storm it will start to slide. I would expect 20 to 30 years if maintained. If not 10 years. I have explained the importance of nourishment to the applicant. Mr. Bird: What is the historical record of how long it s been eroding? Is it dynamic? Mr. Wilkinson: I did look into that. There is a bend there which can initiate erosion. Raul has found that there will be approximately 50-cu.yds of nourishment needed. Any given year it will not be more than that. Mr. Gurnee: I strongly suggest that you try to get away from the 1 to 1slope. If you have to keep it covered the applicant is going to be out there constantly. Mr. Wilkinson: The struggle is that if we go further back to lower it, we will cause more disturbance. It is very challenging either going back or going seaward. We are lessening the slope to have sand stay on there. Mr. Gurnee: Can you plant the rolls on the bottom? Mr. Wilkinson: The vegetated rolls at the top will grow down to the bottom ones. We don t want to poke holes in the bottom rolls because you will be re-creating the problem. Ms. Harlow-Hawkes: How will you re-vegetate after you take the concrete area out? Mr. Wilkinson: We will stick to the herbaceous variety. Ms. Harlow-Hawkes: If you are going to re-vegetate an area it should be on the plan. Ms. McKay: Could you use one of your pillows there? 7

8 Mr. Wilkinson: I would like to. Ms. Harlow-Hawkes: The construction access gets very steep. Bringing an excavator over there could cause more damage to salt marsh. Beach grass has winter planting time. Will you plant it? Mr. Wilkinson: Yes and we will have sheeting on the access. Ms. Gladfelter: Move to close the hearing and take it under advisement. Mr. Bird: Second. Ms. Schumacher: Do we want something more on the overwash? Ms. Gladfelter: We can condition that they put a straw waddle across the top of the lawn. Tom & Carla Scarduzio, 186 Meadow Neck Road, Waquoit, MA For permission to install a 4-ft x 110-linear foot long grated walkway, ACQ treated timber stub pilings, ACQ treated timber pilings bolted to the stub piles, a 6-ft x 10-ft kayak rack, 4-ft path, 25-ft vista corridor, to remove trees and the associated clearing, excavating and landscaping. Ms. McKay: No comment at this time. Katherine Ricks (Coastal Engineering) presented abutter s cards. The walkway is 55-ft over the salt marsh and 55-ft seaward of the salt marsh. Nick Crawford (Crawford Land Management) We are proposing to establish a 25-ft wide view window. One cedar is to be removed for a cat walk. Two other trees are to be removed and one tree will have one leader removed on the house side. Ms. McKay: I don t have any questions re land management. This has to be a walkway and not a dock and I don t like the square area at the end. Ms. Ricks: I just put that in as a seating area and a place to launch a kayak. Ms. McKay: I just want to be sure it won t be a dock. Ms. Schumacher: I m skeptical about that also. Ms. Ricks: There is very little water at the end so they couldn t pull up a boat. Ms. McKay: I d like to see it without the seating area. Ms. Harlow-Hawkes: How shallow is it? Ms. Ricks: At mean high water it is 5.6. I don t have the depths, but can get them to you. It is shallow. Ms. Harlow-Hawkes: These all become docks. What is the elevation over the salt marsh? Ms. Ricks: It s mostly 4-ft over the salt marsh. Ms. Alexander: Where is the kayak storage? In the area where they sit? Ms. Ricks: I will move it if necessary. Ms. Alexander: What is flo-thru decking? Ms. Ricks: It allows sunlight through. Ms. Alexander: What is the reason to remove the dead cedar? Mr. Crawford: It s tipped over on its side. We are proposing to remove it to place the catwalk there. Ms. Alexander: It could be habitat. Mr. Bird: No questions or comments. Ms. Gladfelter: It s a beautiful site. Mr. Mathews: No questions or comments. Mr. Gurnee: No questions or comments. Ms. Gladfelter: Move to close the hearing and take it under advisement. Mr. Bird: Second. Ms. Harlow-Hawkes: Do we need a revised plan? Ms. McKay: Yes, with water depths on it. 8

9 ENFORCEMENT ISSUES Cape Cod Camping Club, Inc. (c/o Anthony Newman), 176 Thomas B. Landers Road, East Falmouth, MA For filling and altering wetland resource area and in buffer to resource areas as defined in FWR and 310 CMR Ms. McKay: On the past Friday Mark sent you an with a 2-page document and a plan re the enforcement order. They have already begun working with Holmes & McGrath. Staff is asking the Board to issue an enforcement order requiring them to submit an NOI. Ms. Gladfelter: Move to issue an enforcement order to Cape Cod Camping Club, Inc. Mr. Robbins: Mark did a real good job on this. David Westcott, 533 Currier Road, East Falmouth, MA Request for a 60 day extension on enforcement order that was issued on November 2, Ms. McKay: This is the little dock on Ashumet Pond that is down from a nourishment project. They have contracted with BSS design, but need a little more time. Staff recommends 60 days. Ms. Gladfelter: Move to grant a 60 day extension on the enforcement order. Ms. Harlow-Hawkes: Second. VOTE ORDER OF CONDITIONS 97 Green Pond Road (Bear) 02/22/17 Quorum: Jamie, Betsy, Russ, Maurie, Kristin, Courtney, Steve Ms. McKay: They are adding little porches. Ms. Harlow-Hawkes: There was no license # on the float. Ms. McKay: Are they raising the house? Ms. Harlow-Hawkes: They are getting rid of the habitable space down below. There is no foundation change. The foundation was inspected by a structural engineer. Ms. McKay: They did submit a letter re that. Ms. Harlow-Hawkes: It was built in 76. Ms. Gladfelter: There is a track pad on the plan. Ms. Harlow-Hawkes: Was the shed legal, permitted? Ms. Alexander: Yes. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Mr. Mathews: Second. 390 Edgewater Drive East (Smith) 02/22/17 Quorum: Betsy, Russ, Maurie, Kristin, Courtney Ms. McKay: Does the Board want the elevation of the 1 st floor to be constructed the way it is or do you want it to be according to your regulations. Ms. Gladfelter: I ve thought a lot about this and if this were a new house then they should do it 9

10 according to our regulations. But they are doing it on the same footprint. Part of it is in our jurisdiction and part is not. Because it s in the same footprint and not all of it is in the V zone, I think they can do it their way. Ms. Alexander: You mean bring it up to FEMA and not the Falmouth guidelines. Ms. Harlow-Hawkes: What will happen when they get to the building department? Mr. Robbins: When they get there, it will stop. Ms. Gladfelter: We would recommend that they build in safety for themselves. Mr. Mathews: But they re not. Ms. Gladfelter: Well they are adding some safety in. Ms. Alexander: Will they return the cedars? Ms. Harlow-Hawkes: They will plant a Tupelo and eastern redwood. The cedar goes on their property. It s now on the right-of-way. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Ms. Harlow-Hawkes: Second. Mr. Bird: It has to be stated that these are specific findings for this site. My own feeling is that sea level rise is a reality and prudence would put it according to our regulations. We should encourage people to meet that compliance for their own good. Ms. Schumacher: Move to adjourn. Ms. Harlow-Hawkes: Second. Ms. Gladfelter: No, we have to talk about something. Re Article 13 to come before Town Meeting, the Assistant Town Manager is suggesting that we write a letter to the Board of Selectmen stating our position on this article. Ms. McKay: Russ, Betsy, and I will draft a position for the Board. Mr. Robbins: On Friday at 2:00 p.m. Ms. Schumacher: I will also be there. Ms. Schumacher: I rescind my motion to adjourn. Ms. Harlow-Hawkes: I rescind my second. Ms. Gladfelter: Move to write a letter re two articles (13 and 15) to the Selectmen stating the ConCom position on the articles. Ms. Gladfelter: Motion to adjourn. The meeting adjourned at 9:12 p.m. Respectfully submitted, Susan Cronin, Recording Secretary 10