The Falmouth Conservation Commission MEETING MINUTES - WEDNESDAY, MAY 3, 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 3, 2017 Selectmen s Meeting Room, Falmouth Town Hall, 7:00 p.m. Present: Absent: Mary Schumacher, Acting Chair Russell Robbins Jamie Mathews Courtney Bird Betsy Gladfelter Maurie Harlow-Hawkes Kristin Alexander Steve Patton, Alternate Jennifer McKay, Administrator Mark Gurnee, Alternate Ms. Schumacher opened the meeting at 7:00 p.m. MINUTES 4/27/2017 Ms. Gladfelter: Move to adopt the minutes as corrected. Mr. Mathews: Second. Ms. Schumacher: 6 yes, 2 abstained (Harlow-Hawkes, Alexander) OTHER BUSINESS Falmouth Skip the Straw Initiative They are requesting a continuance until June. Ms. Gladfelter: What is the Skip the Straw Initiative? Ms. McKay: It is a group of Falmouth school children who are requesting that restaurants discontinue the use of straws. REQUEST FOR A CONTINUANCE UNDER A NOTICE OF INTENT 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. Ms. McKay: The applicant has requested a continuance until May 17, Mr. Mathews: At the request of the applicant I move to continue the hearing until May 17, Ms. Gladfelter: Second. Shelby & Janet Mudarri, 4 Nichols Road, Waquoit, MA- For permission to replace, reconfigure, and expand the existing seasonal pier, ramp, floats, four (4) 4-inch posts and four (4) 3-inch pipe pilings with a fixed timber dock with ten (10) 10-inch diameter pilings and to install electrical and water 1

2 service. Ms. McKay: The applicant has requested a continuance until May 24, Ms. Harlow-Hawkes: At the request of the applicant I move to continue the hearing until May 24, Mr. Bird: Second. REQUEST FOR A CONTINUANCE UNDER 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 applicant has requested a continuance until May 17, Ms. Gladfelter: At the request of the applicant I move to continue the hearing until REQUESTS FOR DETERMINATION OF APPLICABILITY Quissett Beach Association, 620 Surf Drive, Falmouth, MA For permission to deposit compatible sand to the south side of Surf Drive and to plant with beach grass and bayberry. Ms. McKay: Jurisdiction: on coastal bank, coastal dune, within 100-ft resource area buffer to coastal bank, land under the ocean, land containing shellfish, coastal beach, coastal dune and in land subject to coastal storm flowage (flood zone A). The Quisset Beach Association (QBA) proposes to cover exposed rocks and build up the dune area just below Surf Drive near the bike path. The compatible sand shall be deposited from Surf Drive (not from the beach side) and planted with beach grass and shrubs. The QBA has had an RDA approval for plantings in the vicinity which have taken well and become established. All activities and timing shall be coordinated with Kathy Parsons, Mass Audubon. 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. Mr. Bird: Why not an NOI? Ms. McKay: I talked to Mark about this and he is comfortable with the RDA. We will work closely with them because of Natural Heritage considerations. Ms. Schumacher: What about sand compatibility? Ms. McKay: We will work with them about the sand also. Gerald Kiernan, 62 Chester Street, North Falmouth, MA For permission to vista prune in accordance with the Falmouth wetland regulations. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to inland bank, BVW/freshwater wetland, land under waterbodies and in land subject to coastal storm flowage (flood zone A). Staff met with Mr. Kiernan and Dave Salter of Hamilton Tree to review the vista prune corridor location and requirements. The steep bank to the resource area is well vegetated and minimal pruning is needed on sassafras, the outer edge of beech trees and some oaks. They requested to remove a cherry tree in poor health north of the porch and staff recommends approval. Staff recommends a negative 2 2

3 (under the State and the bylaw). Resource area boundaries are not confirmed by this RDA. Mr. Bird: Move to accept staff s recommendation. Heidi Meyer-Bahlburg, 55 Shorewood Drive, East Falmouth, MA For permission pump, fill and abandon the existing cesspools and install a new title 5 sewage disposal system. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to coastal bank, inland bank, bank of salt pond, land under the ocean, land containing shellfish, salt marsh, BVW/freshwater wetland and in land subject to coastal storm flowage (flood zone A). The septic upgrade is located on the street side of the house within Conservation jurisdiction. The applicant s representative states that no trees or shrub vegetation shall be disturbed and therefore no mitigation plantings shall be required. 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. Nancy Sowell, 17 Strand Way, Hatchville, MA For permission to remove the existing 8-ft x 10-ft concrete slab and greenhouse, construct a 7.5-ft x 16-ft addition and install native shrubs as mitigation for expanded footprint. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to inland bank, BVW/freshwater wetland (within Zone II to public water supply and Natural Heritage and Endangered Species Habitat) and land under waterbodies. The proposed footprint expansion shall be compensated with native shrub plantings for a total of 120-sq.ft within zone A to wetland resource areas. All plantings shall be watered and maintained in good health, established, planted 3-ft on center and shall consist of arrowwood, sweet pepperbush and winterberry; no dwarf varieties. All native plantings shall be installed within the existing grass or disturbed area once the work begins or by no later than 9/15/17. The existing shed located just landward of the top of the bank shall be removed and installed further landward within the existing lawn. 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. CONTINUED REQUEST FOR DETERMINATION OF APPLICABILITY Gregory Nicoll, Maker Lane road layout including 19 Wood Neck Rd, 6 Maker Lane, 5 Maker Lane and 3 Maker Lane, Falmouth, MA For permission to grade and level a section of Maker Lane, add 2-inch dense grade, pitch grade to a 32-ft drainage swale to be installed, pave Maker Lane entrance and to conduct tree pruning at 19 Wood Neck Rd. Ms. McKay: Jurisdiction: within 100-ft resource area buffer to coastal bank, salt marsh, BVW/freshwater wetland and in land subject to coastal storm flowage (flood zone A). On 4/27/17 staff met on-site with the property owner; concerns were addressed as follows: Swale excavation shall ONLY be located within the existing cleared mulched area; incorrectly drawn on the sketch plan. Revised to avoid naturally vegetated buffer disturbance. Mr. Nicoll shall be onsite when the work is being done. Staff requires a site visit meeting with the contractor and owner on 3

4 the day work starts, or just prior. The owner agrees. Tree work listed was much more than the owner intended; no vista pruning is requested, minor work primarily on the trees near the house, cutting to be minimized; there shall be no stripping of all lateral branches. A large dead tree 15-ft over on a neighbor s property is at risk of falling on his shed. Mr. Nicoll requested from the neighbor, Allan Brown, to remove the tree at his cost and Mr. Brown approved it per 4/28/17 from Mr. Brown. 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 Taylor Heyl, 89 Walker Street, Falmouth, MA For permission raze the existing dwelling and construct a single-family 1-bedroom house in a larger footprint with an attached deck with stairs, install utilities, dry wells, gravel driveway, native shrub plantings and the associated clearing, excavating, grading and landscaping. Tom Bunker (BSS Design) presented abutter s cards. There is a ditch containing street water runoff. There is a vegetated wetland on the abutting property and an undisturbed area of invasives on this property. The entire property is in the flood zone, at elevation 12. The house to be built will be 440- sq.ft larger. There is an increase in impervious surface in the B zone only of 455-sq.ft. no increase in A zone. 912-sq.ft of mitigation is required. Dry wells are on the plan for roof gutter runoff. Mr. Patton: No questions or comments. Mr. Mathews: Is the leaching H20? Mr. Bunker: I believe it is. It s under the parking area now. Mr. Mathews: Is it only 1 bedroom? Mr. Bunker: Yes. Ms. Gladfelter: No questions or comments. Mr. Robbins: No questions or comments. Ms. Harlow-Hawkes: No questions or comments. Ms. Alexander: No questions or comments. Mr. Bird: No questions or comments. Ms. Gladfelter: Move to close the hearing and take it under advisement. Mr. Mathews: Second. Nyes Neck Association, Inc., Lot 46, Westwood Drive (Map 04-02B ), North Falmouth, MA For permission to provide approximately 90 linear feet of beach nourishment using 50 cu yds of compatible sand above MHW on a yearly basis deposited on the north facing shore of Buzzards Bay and the associated grading and landscaping. Michael Borselli (Falmouth Engineering) presented abutter s cards. The applicant has applied previously for an OOC at the same location for the same request. They asked for 2 extensions for this have now re-filed. The sand will be delivered by truck and a small bobcat buckets the sand onto the beach. The sand will be compatible and provided to the staff. Monitoring was done in 8/16. They will do transects after the first nourishment. 4

5 Ms. McKay: If the Board approves this, would it be possible to do transects of existing conditions before you place the sand and then immediately after? I would recommend that. Mr. Borselli: Yes. Mr. Bird: No questions or comments. Ms. Alexander: No questions or comments. Ms. Harlow-Hawkes: Will they bring you a sand sample? Ms. McKay: Yes. Ms. Harlow-Hawkes: Is there eel grass there? Mr. Borselli: It was not found there last time. Ms. Harlow-Hawkes: Okay. I saw little stubs of grass on the dune. Mr. Borselli: It s American beach grass and is very healthy. Mr. Robbins: I have no problem with the project. Has Mr. Bourne been doing the nourishment all along? Ms. McKay: Yes, and we have never really had a problem. Mr. Robbins: Okay. Ms. Gladfelter: They must put sand on the beach in the spring and it disappears in the winter? Mr. Borselli: They use it for the summer and it goes offshore in winter and sometimes comes back. Some sand is building up in the intertidal zone. Ms. Gladfelter: Move to close the hearing and take it under advisement. Steven Augusta, Lot 3, Bourne s Cove Lane (Map ), East Falmouth, MA For permission to construct a single-family 3-bedroom house with attached deck, install a new Title 5 sewage disposal system, dry wells, utilities, native tree and shrub plantings and the associated clearing, excavating, grading and landscaping. Michael Borselli (Falmouth Engineering) presented abutter s cards. There is a shell path that runs through a field grass area. There is woodland on the northern side abutting two other lots. To the south of the parcel is a salt marsh and BVW. Data sheets were submitted for the BVW. To the east there is land under the ocean and land under salt pond. There is a coastal bank within 100-ft of the proposed activities that is outlined on the plan and a finger like projection that meets the definition of a coastal bank. This type of bank gets the least scrutiny it s non-eroding, less than 10 to 1, not in a V zone and doesn t abut another wetland resource. This type of bank does not have a no disturbance zone. The BVW adjacent to it has a 50-ft no disturbance zone A and a buffer zone B. The house has been placed as far as possible from all of the wetland resources. The house is 28x48-ft with a wraparound porch; it will be a guest house to the main house. It is on land subject to coastal storm flowage and the first floor elevation is at 18. There is no need for a driveway because the parking will be at the main house. The septic system will be in excess of 100-ft to the wetlands. Construction access will be from Oyster Shell Road. The no disturbance zone A from the salt marsh runs along the edge of the existing deck. The deck is not at grade and will be supported by sonatube posts. It is noted in the narrative that we have overcome the presumption of significance. Construction will have no influence on the coastal bank. There is a sliver of the deck that is less than 100-ft from the salt marsh. 271-sq.ft of mitigation is required in the A zone. There is a balance in the B zone of 2,000-sq.ft. 4,900-sq.ft. of mitigation is required. We will enhance the buffer to the BVW, salt marsh and Bourne Pond. 24 trees are to be removed and 29 will be planted - eastern red cedars and oak trees. Dry wells are proposed. The limit of work is shown. Ms. McKay: How did you determine the coastal bank? Mr. Borselli: On the existing conditions I put transects all through the lot. The lot is mildly steep. 5

6 Ms. McKay: I disagree that there is no A buffer and you should have a 50-ft buffer to that. The dock is okay. I do have some concerns with the deck encroaching into the no disturbance zone of the salt marsh. The fire pit when did that come in? Steven Augusta (applicant) I ve had it for years and years. The Fire Department gave me permission to put it in. Ms. McKay: They have their regulations and we have our own. Mr. Augusta: I have a permit from the Fire Department. Ms. Gladfelter: You still have to get one from our Board. Ms. McKay: You have been a long time in this community. You know there are Conservation regulations. The house could possibly be shifted. You touched on the configuration of the coastal bank. Mr. Bird: You are building a guest house that goes with lot 4. I assume you ve subdivided the property. Mr. Borselli: That occurred in the 80 s. Mr. Bird: Clearly you have answered the question of construction access. Once it gets built you will need vehicular access. How will you do that? Mr. Alexander: The 3 car garage is for storage. Cars will park at the main house and there will not be heavy traffic to the new house (mostly by golf cart). Mr. Bird: If we didn t have to deal with resources it would be easy to get access to the new house. How do you know that if the properties are sold separately there won t be a problem in the future? If that happens, you ll have to go through the no disturbance zone. If you applied to put a driveway in then, you d be disturbing the resource area. It has to be addressed. Mr. Augusta: We have used the shell driveway and lawn for driving for a long time. We won t have to do anything else. Mr. Bird: Still you might want to consider that possibility. Ms. Alexander: The house is squeezed in between the flood zone and resource areas. How many feet from the corner of the house is the deck? Mr. Borselli: 6 or 7-ft. Ms. Alexander: You re proposing a deck on the Second floor? Mr. Borselli: Yes. Ms. Alexander: Where are the sonatubes? Mr. Borselli: On the corners of the house and strategically placed to be able to open the doors of the garage. We will look at ways to shift it back and reduce the width of the deck. Mr. Augusta: I don t want to move it back. I want to keep it there out of respect for my neighbors and for aesthetic reasons. Ms. Alexander: We have to follow the regulations. Mr. Augusta: I have been a good neighbor and a good land steward for 37 years. Ms. Alexander: Was there a reason why you picked just one type of trees? Mr. Borselli: Oaks like it there. In the regulations it states that if you build in a no disturbance zone you cannot get closer to the resource area than the present primary structure. There is no structure there. Ms. Harlow-Hawkes: I support Courtney s concerns. The only place you didn t put mitigation is where you re driving back and forth. Mr. Borselli: Are you suggesting we put in a driveway? Ms. Harlow-Hawkes: It has been driven on for 37 years. Mr. Borselli: We can reconfigure the mitigation. Ms. Harlow-Hawkes: For the protection of the resources, do you own the land you re getting construction access through? Mr. Augusta: Yes. Ms. Harlow-Hawkes: Is there water to the dock? 6

7 Mr. Augusta: Yes. Ms. Harlow-Hawkes: 231 caliper inches of trees are being removed. How much will be replaced? Mr. Borselli: We ll figure that out when we come back. Ms. Harlow-Hawkes: Is there land containing shellfish? Ms. McKay: Yes. Ms. Harlow-Hawkes: That has to be on the plan. Is the dock licensed? Ms. McKay: Yes. Ms. Harlow-Hawkes: Do you need a variance from the Board of Health? Mr. Borselli: No. Ms. Harlow-Hawkes: Is a denitrifying system being considered? Mr. Augusta: I was told that they don t work good. Are the results positive? Ms. Harlow-Hawkes: Yes. Things have changed in the last couple of years. Just look into it. Mr. Augusta: I will. Ms. Harlow-Hawkes: I differ with the idea that there is no significant wildlife in this area. Mr. Robbins: No questions or comments. Mr. Patton: I thought the site of the house was considerate. Mr. Mathews: Did you do dry well calculations to determine the size of the dry wells? Mr. Borselli: Once you ve done certain roof areas you know what will suffice. Ms. Gladfelter: The northern part of the coastal bank touches the salt marsh. Therefore that coastal bank needs an A buffer. You can ask for a variance or you could overcome the presumption. Mr. Borselli: My logic is that the A zone width varies according to the sensitivity of the coastal bank. This one doesn t have any connectivity to other resources. I do understand what you re saying. Ms. Gladfelter: The potential of this project to increase protection for the environment is the mitigation planting. Lawns give the least protection to the environment. With the required mitigation the sum will be better than what is there now. A buffer shouldn t be disturbed. I could see having a cantilevered deck. Ms. Harlow-Hawkes: They could move the house 10-ft back. Mr. Borselli: The dry wells are in the disturbed area. Ms. Gladfelter: I m less concerned with them than with the deck. You don t want any disturbance in the A zone. Ms. McKay: I think you re going down a slippery slope with the cantilevered deck. In this particular case it will have to be proven to this Board that the area is disturbed. My concern has to do with a precedent you would be setting. If it has been cleared it shouldn t be difficult to show what the property was like before. You would need aerials. Mr. Mathews: Cantilevered takes it out of the no disturbance zone and they wouldn t have sonatubes. Ms. McKay: We ve gone through this before. They need to justify it. Mr. Robbins: You couldn t get it 5-ft further north? Mr. Borselli: We re going to talk about it. Mr. Augusta: I could get it 5-ft back. Ms. Gladfelter: The mitigation should go in before construction. Ms. McKay: If you d like. Ms. Gladfelter: I would like. Mr. Borselli: Can you make it seasonal friendly? Ms. McKay: We ve had people post bonds before. Ms. Gladfelter: Is there a reason you have no limit of work? Mr. Borselli: It s on there. Ms. Gladfelter: The access do you own that land? Could it potentially be a driveway to the area? Mr. Augusta: Yes, I own it. That could be a possibility. Ms. Schumacher: Good because we are really concerned about the garage doors being there. We have to think of the future use of the property. If you could use your easement, it would be good. 7

8 Ms. McKay: If it becomes an easement, was there any consideration given to re-vegetating the area? Mr. Borselli: We hadn t talked about that. Ms. Gladfelter: At the request of the applicant I move to continue the hearing until June 7, Ms. Harlow-Hawkes: It s possible the limit of work might change. Mr. Borselli: I hear you. 34 Tupelo Road Realty Trust (c/o Pamela Frorer), 34 Tupelo Road, Falmouth, MA For permission to renovate the existing dwelling including the demolition of a portion of the house, construct an addition with an attached garage, two porches, a deck, stone retaining wall, remove trees, retaining walls, prune existing trees for solar, install utilities, dry wells, impervious driveway, native tree and shrub plantings and the associated clearing, excavating, grading and landscaping. Raul Lizardi (Holmes & McGrath) presented abutter s cards and colored plans. There is an existing conditions plan and the proposed plan. The house has been there since It is a 2 bedroom house and it is surrounded by resources including the Great Sippewissett Marsh, a coastal bank and the site is located within the DCPC to the marsh. They can t increase the number of bedrooms. A portion will be razed including the existing garage with the attachment to the house and the deck. There will be a new deck, 2 porches and a screened porch. The existing deck is at the edge of the coastal bank and 30-ft from the salt marsh. The deck with be 33 ft from them. The property does not conform to current zoning regulations. The total of impervious surface is reduced. Parking is a square box in front of the garage. That area will be replaced with pervious pavement. The walkway may be pavers. There is a net decrease of 11-sq.ft and no need for mitigation. We are removing 3 trees and will plant 3 trees and several cedars to increase screening. Some will be inside the existing vegetation and some in the mulch area. There will be 850-sq.ft of indigenous planting. Improvements to the project include composting toilets and we will intercept roof runoff into dry wells. There is an existing catch basin in the driveway and roof runoff into the bank. Ms. McKay: The proposed deck in the front extends further than the existing house. You have a 15- ft setback from the existing vegetation. Mr. Lizardi: The setback will increase by 3-ft. Ms. McKay: I m talking about the provision in the DCPC regulations. Mr. Lizardi: The existing deck is moving back. Ms. McKay: The Board can decide about that. Mr. Lizardi: The basement has a walk out with retaining walls on either side in a flood zone. We will also eliminate the walk out and the retaining walls. That is another improvement. Mr. Robbins: No questions or comments. Ms. Harlow-Hawkes: Has there been any work done on this house before? Ms. McKay: I don t know but will look it up. Ms. Harlow-Hawkes: It may have been in front of us before. Mr. Lizardi: The only file we found was the plan for the existing house. Ms. Harlow-Hawkes: What will the driveway be made of? Mr. Lizardi: Pavers but haven t decided what kind yet. Ms. Harlow-Hawkes: I suggest you use grass instead. Ms. Harlow-Hawkes: How much fill will you need behind the wall? Mr. Lizardi: The wall will be about 3-ft high. I don t have calculations for the amount of fill. Ms. Alexander: What is the tank on the property? Mr. Lizardi: It s a propane tank. They don t have gas on the property yet. Mr. Bird: No questions or comments. 8

9 Mr. Patton: No questions or comments. Mr. Mathews: No questions or comments. Ms. Gladfelter: Whoever did the staking, I would give a C. The resources weren t staked. Mr. Lizardi: I have the fill calculations - about 15-cu.yds. Maria Hickey (Maria Hickey Landscaping) presented a photo of an Indian head nickel and a deer tick on it. There will be solar panels on the roof and Ms. Hickey showed which limbs have to be cut to provide more sunlight. Mark was okay with that. There is one stump on the coastal bank that is suckering and there are a number of the suckers that are 7-8-ft tall. I would like to remove all but one dominant sucker. There are numerous black locust trees (invasive) that we would like to remove. We would like to replace them with native blueberry plants that are 7-9-ft tall. In the area of native plantings we will plant vibernum, clethra and bayberry. Ms. McKay: Are the locust trees marked for removal? Ms. Hickey: No. Ms. McKay: The trees that will be removed have to be marked on the plan. What is the location of the tree that you want to prune on the bank? Ms. Hickey pointed out the location. Ms. Gladfelter: How many locust trees are you talking about? Ms. Hickey: 8 or so. We will mark them and put them on the site plan. Ms. Gladfelter: At the request of the applicant s representative I move to continue the hearing until June 7, Mr. Mathews: Second. Thomas Sweeney & Abigail Westapher, Lot 2, Dale Drive (Map ), North Falmouth, MA For permission to construct and maintain a residential driveway on a vacant lot at the end of Dale Drive which includes clearing, grading, installation of retaining walls, drainage, utilities, pavement and the associated clearing, excavating, grading and landscaping. Michael McGrath (Holmes & McGrath) presented colored plans. In 1999 the applicants donated a significant parcel of 3.4 acres to Salt Pond. This created an open space and they got two lots out of it. They have kept these in the family but are now going to sell one of them. Resource areas on the property are a vernal pool and a coastal bank. The current regulations agree with us that this coastal bank is not a significant one. The coastal bank is so far away from the actual you could decide it is not significant. The most important wetland is the vernal pool. It s only an A zone and very far inland. There is no significant wave action and the bank is stable and non-eroding. It is isolated from the real coastal environment and separated by Quaker Road. The construction won t disturb the coastal bank. It is within a MESA area. I wrote to them but haven t heard back from them. He pointed out the location of the driveway, the grading, the proposed retaining wall, the catch basin and the leaching pit. It seems appropriate that you consider that the family has done a lot for the Town. It s a unique situation. Ms. McKay: No questions or comments. Mr. Bird: No questions or comments. Ms. Alexander: No questions or comments. Ms. Harlow-Hawkes: No questions or comments. Mr. Robbins: No questions or comments. Ms. McKay: If you re talking about a letter from Natural Heritage, Mike. We got a letter from them today stating that there is no adverse impact and no take. Mr. McGrath: Then we don t need a continuance. Ms. McKay: Mark and I looked at it very carefully and tried to figure out a way to get access to the 9

10 two lots and we couldn t figure it out. Ms. Gladfelter: The post and rail fence would clearly make a separation from the resource area. Mr. McGrath: If you look at this and go east of the leaching pit there are 2 trees where we should extend the existing post and rail fence 10-ft beyond the 2 trees. Next Tuesday you will have a revised plan. Mr. Mathews: No questions or comments. Mr. Patton: I m concerned about development in Lot 2 and its impact. The driveway will take a turn east and go up a hill. That is out of our purview, however. Mr. Mathews: Move to close the hearing and take it under advisement. Ms. Gladfelter: Second. CONTINUED REQUESTS FOR A HEARING UNDER A NOTICE OF INTENT Shelby & Janet Mudarri, 4 Nichols Road, Waquoit, MA- For permission to replace, reconfigure, and expand the existing seasonal pier, ramp, floats, four (4) 4-inch posts and four (4) 3-inch pipe pilings with a fixed timber dock with ten (10) 10-inch diameter pilings and to install electrical and water service. The hearing is continued until May 24, Ari Goldschneider, 249 Shorewood Drive, East Falmouth, MA For permission to repair the driveway, remove the existing ramp to the water and pour a new concrete ramp, remove wooden wall & fence along ramp and replace with new wall & fence, re-use concrete footing of seawall, remove wooden wall then pour concrete wall and install new fence behind, remove concrete pavers and install new concrete apron around in-ground swimming pool, conduct tree pruning and mitigation plantings and the associated clearing, excavating, grading and landscaping. Quorum: Steve, Russ, Betsy, Mary, Courtney Ms. McKay: You are looking at a revised plan dated 4/27/17. Jack Landers-Cauley: The plan has been modified. The Board was concerned about pool maintenance and we have provided a description of the filtration process. The pool has to be back washed and that will go into a retention area. The report stated that the pool didn t have to be drained at this time. I came up with some calculations re the retaining wall and included the information in the packet. It can be done. How do we build and update the ramp? We have lowered it by 1-ft. That information is also included in the packet. We have added a detail after meeting with the marine contractors. They suggested we construct a sand bag wall and put up a turbidity curtain. The whole project will be done in 3 low tide cycles. The curtain wall will begin before mean high water. I don t think the area needs to be pumped. Ms. McKay: I have no problem with any part of the project except the ramp. If the Board is okay with it, fine. I only wanted a cofferdam so you could work without any problems. Mr. Landers-Cauley: This is a gravel bottom and there will be standing water. Ms. McKay: Will you need to pump water? Mr. Lander-Cauley: No. We re only talking about a foot of water. Ms. McKay: What is the push back from not putting steel sheeting around it? Mr. Landers-Cauley: Probably the cost of $20,000 for about 50-linear feet. Chris Haggerty (Beacon Marine) $20,00O is a low number. Ms. McKay: Are you the contractor? Mr. Haggerty: No. Ari Goldschneider: He could be though. Ms. McKay: If it can be done, fine, but I ve seen messes before. Everything else is fine. I hope you 10

11 can prove me wrong. Mr. Bird: It may not be that tricky. One of the problems is that because a contractor hasn t been selected for the project, it gives me concerns. I know how everyone has a different approach to every project. That troubles me. There are many ways of solving issues like this. My comfort zone would be a cofferdam in there. As to the best methodology, I don t know. You re leaving things to chance. Mr. Landers-Cauley: What we re proposing is what will be done. If that changed I would come back to you. We don t intend to pump. Ms. Alexander: No questions or comments. Mr. Robbins: Have you done this type of thing before? Mr. Haggerty: No. Mr. Landers-Cauley: You can actually cast it in place. I thought the Board would be less favorable to that idea. If you don t care about that, then we can do it that way. They both work. Casting in place has been done in other areas of Town. Mr. Robbins: Have you been involved in the other ones? Mr. Landers-Cauley: Yes. Ms. Gladfelter: My question is if they do it this way, what is the worst thing that could happen? Ms. McKay: It depends how far along they are when the tide comes in. Ms. Gladfelter: Isn t the turbidity curtain going to be there? Mr. Landers-Cauley: Yes. Ms. Gladfelter: It sounds like it would work to me. Mr. Mathews: No questions or comments. Mr. Patton: Thanks for responding. All the information addressed my concerns about the project. You should be able to get this done in 2 days. Ms. McKay: If we close this and this is the design you ll probably have to be on site. Mr. Landers-Cauley: I will be there. Ms. McKay: We will need the name of the contractor and a written methodology from them. Ms. Gladfelter: Move to close the hearing and take it under advisement. Mr. Patton: Second. Phyllis & Patrick McDevitt, 5 North Chop Lane, East Falmouth, MA - For permission to provide approximately 940 cu yds of beach nourishment, install access stairs within the existing riprap retaining wall and the associated clearing, excavating, grading and landscaping. Quorum: Jamie, Betsy, Russ, Kristin, Courtney Michael Borselli (Falmouth Engineering) The existing septic system passed and I got an as-built from the Board of Health and put it on the plan. Bayberry will be added to the plan. I also showed how the beach nourishment will be sloped and added the dimensions on the plan. Woods Hole Group (WHG) submitted a supplemental report on the erosion. I spoke to David Hill at DEP about the necessity for a Chapter 91 license for the revetment. He informed me that it would prudent for us to apply when we get the permit for the beach nourishment. Ms. McKay: No questions or comments. Mr. Bird: No questions or comments. Ms. Alexander: No questions or comments. Ms. Harlow-Hawkes: In the narrative you say the sand will go 70-ft out. Mr. Borselli: I miswrote. We are going out beyond the mean low water. Ms. Harlow-Hawkes: This concerns me. It s a stretch to call this a beach. They are creating a beach. Has it been nourished in the past? Mr. Borselli: I don t know, but there used to be a larger beach. 11

12 Ms. Harlow-Hawkes: It s going out substantially. 90% is below mean low water. This is a case of cause and effect. The narrative says it s going to move west to east and WHG said east to west. Tara Marden (Woods Hole Group) I wasn t involved in the Menauhant project. Ms. Harlow-Hawkes: Leslie said at the last hearing that it would go east to west. Ms. Marden: In every area it goes both ways. Ms. Harlow-Hawkes: There is no eel grass there, but the area has the potential. The sand will not stay in the spot. When you go out you will be over the top of the groin. How will it stay in there? Mr. Borselli: The sand will shift and move. We think beach nourishment is a good thing. Ms. Harlow-Hawkes: All over Town beach nourishment is clogging up waterways. What is the effect on the abutters? Ms. Marden: There is no beach there anymore (Menauhant). Even the inlet is manufactured. Ms. Harlow-Hawkes: The sand is going out 70-ft. Ms. Marden: They are putting sand back on the beach. It s the only soft solution to sea level rise. Ms. Harlow-Hawkes: Everything has been man-made and altered. We ve plugged up every one of our waterways. Ms. Marden: That s not from beach nourishment. Ms. Harlow-Hawkes: Maybe the houses should be moved back instead. Ms. Marden: The Town put 20,000 yds of sand on Menahaunt Beach a few years ago. Ms. Gladfelter: You don t want to go there. Mr. Robbins: No questions or comments. Mr. Patton: No questions or comments. Ms. Gladfelter: 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. The hearing is continued until May 17, REQUESTS TO AMEND THE EXISTING ORDER OF CONDITIONS William Rodenhiser, 93 Falmouth Heights Road, Falmouth, MA Request to amend the existing Order of Conditions (DEP ) to increase the width of two floats from 4-ft to 5-ft. Michael McGrath (Holmes & McGrath) presented plans. You had approved a request to widen the floats a foot. The applicant has found that once the hole in the float is constructed there is not enough room to walk if carrying anything. They are asking for an additional foot added to both. Ms. Gladfelter: Move to close the hearing and take it under advisement. Tom & Carla Scarduzio, 186 Meadow Neck Road, Waquoit, MA Request to amend the existing Order of Conditions (DEP ) to construct a 110 linear foot walkway using 8-inch stub piles spaced 12-ft on center with 4-ft wide Thruflow decking and the associated clearing. Kathryn Ricks (Coastal Engineering) presented abutter s cards. We are trying to keep it a small 12

13 catwalk and requesting that the stub piles be placed 12-ft on center. Ms. Gladfelte: 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 The hearing is continued until May 17, VOTE ORDER OF CONDITIONS 55 & 57 Gunning Point Ave (Figueredo) 05/03/17 Quorum: Steve, Betsy, Maurie, Courtney Ms. McKay: This is the restoration project. We have a revised plan with the drain, the cedars and the back lot line. The stairs will be built into the wall. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Waterside Drive A Beach (Seascape Association, Inc.) 05/03/17 Quorum: Steve, Jamie, Betsy, Mary, Courtney Ms. McKay: There was an issue with the narrative. It said one thing and the plan said another. The narrative had to be revised for the vista corridor. Hamilton Tree is the contractor. There will be no pruning outside the vista window. They had to strike the last sentence re vista pruning. Staff will meet on-site prior to tree installation and invasive removal. Ms. Gladfelter: If the contractor is not Hamilton they will have to come back to us. Mr. Mathews: Move to adopt the Order of Conditions as discussed. Ms. Gladfelter: Second. 19 Beccles Road & Sippewissett Road (Doe) 05/03/17 Quorum: Jamie, Steve, Betsy, Mary, Courtney Ms. Gladfelter: It s very unusual that I agree with Brian Wall, but I do in this case. What s holding the sand is the groin that is owned by the beach Association. What will cause more damage? Puttin in toe stones or re-building the wall? Ms. Schumacher: They are trying to soften it. The project has to be done in one phase. Mr. Bird: I agree it could be built in a better slope. The site constraints work against that solution. Because the wall extends beyond the property line to the south and over the groin, he would have to build the whole wall. What kind of transition will be at the property line? I think the idea of rebuilding it in place is the best thing. Even if you re-nourish the beach as proposed you d have to put cobbles not sand. What the applicant has proposed is the best situation. Ms. McKay: Rebuilding will be done in one phase. Mr. Bird: And as soon as it s practical. Ms. Gladfelter: We need an inventory of existing plants. 13

14 Ms. Schumacher: If we restrict him to one phase when should it be done? Ms. McKay: That is up to the applicant. Where will the staging be? Mr. Bird: Where is the construction access? Ms. McKay: Through vegetation. Mr. Bird: Are there satisfactory specifications on the mitigation plantings? Ms. Gladfelter: Jen has asked for an inventory of existing plants. Ms. McKay: At least we don t have to deal with flowable fill, but phase 2 still has the sheet piling in it. Ms. Glafelter: But they don t have to glue it to the wall. Ms. McKay: There will be toe stones and sheet piling. Ms. Gladfelte: If we didn t have riprap everywhere, we d have beaches. Ms. McKay: Any other conditions? Ms. Gladfelter: Should they get permission from the Association, we d allow that to be the access. Ms. McKay: If the Association grants permission I will need a letter from the Association stating that. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Mr. Bird: Second. 80L Little Island Road (Clarke) 05/03/17 Quorum: Jamie, Steve, Betsy, Mary, Courtney Ms. McKay: This is the planting scheme by Blueflax Design. The oak trees on the property were all cut. They will be taken out in order to plant more oaks. They are leaving cedars and tupelos and adding oaks. Ms. Gladfelter: Move to adopt the Order of Conditions as discussed. Mr. Mathews: Second. OTHER BUSINESS Discuss and vote a letter of support for the Municipal Vulnerability Preparedness Grant Application. Ms. McKay: CZM and EOEA released a round of grant funding. When we met with the Board of Selectmen and the Planning Board we talked about coastal resiliency and a Committee has been formed to do that. I recently attended a workshop re this. The Board of Selectmen wanted the Town to pursue the prospect of vulnerability because of sea level rise. The State has just hired a Climate Change Director. EOEA has suggested Towns convene a committee to study municipal vulnerability to help prepare for sea level rise. Prior to requesting funding from CZM, the Town must be part of the MVP program. We have formed the Coastal Resiliency Action Committee (CRAC) The grant request is due by June 30 th. The grant application has been filled out by Brian Curry. Mr. Robbins: It has already been written? Ms. McKay: Yes. Ms. Gladfelter: Move to send a letter of support for the Municipal Vulnerability Preparedness Grant Application. Mr. Patton: Second. 14

15 Ms. Gladfelter: Move to adjourn. The meeting adjourned at10:10 p.m. Respectfully submitted, Susan Cronin, Recording Secretary 15