[Music] [Music] [Music] Heat. Heat.
[Music] Good evening and welcome to the June 11th meeting of the Falmouth Conservation Commission.
This meeting is being held virtually via Zoom video conference and is also being broadcast by FCTV on cable channel 9. As this meeting is being recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how
you say it, and what can be seen and heard in your background. We have a full complement of commissioners tonight and then some. Thank you all for your dedication. Just a reminder, I'll call uh for commenting, I'll call on each of you in
turn, so let's not speak over each other. And that all votes are done by roll call. So when I call your name, please state your name and your vote for the record, even if you've made the motion or the second. To our public attendees, at any time
during this meeting, you may enter any comments or questions via the chat function at the appropriate time. They will be read into the record. If as an attendee you'd like to participate in a particular hearing, let us know via the chat function. Then at the appropriate
time, you will be promoted into the hearing as a participant. When you are selected, you must have your video enabled. Be succinct and respectful of others. Public comments will be limited to three minutes each.
Regarding RDAs, under a request for determination of applicability, the applicant is asking the commission to determine if the provisions of the Massachusetts Wetlands Protection Act and/or the Fouthmouth Wetlands bylaw apply to their proposed project. A
negative determination is that the provisions of the act and or the bylaw do not apply. Therefore, the project may proceed as proposed. A positive determination means the provisions of the act and or the bylaw do in fact apply and or may require some
conditions. Therefore, the project would require a notice of intent application. So, as an applicant, you kind of want to hear us say something negative. And we have a new commissioner tonight, David Kent. Welcome.
Thank you. Thank you for participating. All right. First up is to vote minutes of June 4th, 2025. David, you would be not be on this quum because you weren't here. Mr. Chairman, I make a motion to accept
the minutes of June 4. Patent second. All right, we have a motion and multiple seconds to accept the minutes of 64. Questions or comments, additions, deletions? All right, we're voting to accept the minutes of 64. Bill
Duffy I Courtney Bird I Matthews I Ron Driscoll I Ronnie Bulman I Russ Robins I Steve and I. It is unanimous with this quorum. We
have accepted the minutes of June 4th. Thank you Kristen. Next up are requests for determination of applicability. First up, Yan Martin and Marie France Garnet 22 Emerson Road
Falmouth Mass permission to pump dry fill and abandon an existing septic tank and leeching pit and would install a new title 5 sewage disposal system. Alyssa staff recommends a negative two under the state and bylaw resource area
boundaries are not confirmed and this project solely takes place in an AE flood zone. Birds move Driscoll second. We have a motion and a second to accept staff's recommendation. Questions or comments? All right, we're voting. Bill
Duffy, I Courtney Bird I. Matthews I. Ron Driscoll I. Ronnie Bullman I. Russ. Robin's eye. Steve Patton I. David Pat I.
It is unanimous. We have accepted staff's recommendation. Next up, Mark Clocker, trustee Treetops Condominium Trust, Woods Hole Road, Fm with Mass, full permission to install two kayak racks and a set of timber
steps. Alyssa staff recommends a negative three under the state and a negative two under the bylaw. Resource area boundaries are not confirmed. Birds move. Driscoll second. We have a motion and a second to accept staff's recommendation. Questions or
comments? Can we encourage Can we encourage more kayak racks? There's not room in this little area, but definitely as a condo association. Yeah. Just overall since it seems to be we're always pulling boats off the beach or
kayaks off the beach. It's better. Yeah, Jim. Okay, Ron. We've worked with several neighborhoods and uh homeowners associations to construct kayak racks so that they're not on the resource areas.
So, it's something that is really sightsp specific, but if we can put a kayak rack there, we'll help them permit that. Okay. Thank you. Yeah. And hopefully people see that the approval process is fairly simplistic. So, you know, it would encourage them to
to do better. So, all we can hope for. All right. So, we have a motion, a second on the table. Last call. Questions or comments? We're voting to accept staff's recommendation. Bill Duffy, I Courtney I. Matthews. I Ron
Driscoll. I Ronnie. Bowman. I Russ Leven's eye. Steve, I. David, I. It is unanimous. We have accepted staff's recommendation.
Next up, Richard Phillips, 26 Sycamore Street, film with Mass for permission to extend an existing second story deck. Alyssa staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE
flood zone. Birds move fiscal second. All right, we have a motion and a second to accept staff's recommendation. Questions or comments? We're voting Bill Duffy. I Courtney Bird I
Matthews I Ron Driscoll I Ronnie Bulman I Russ Robins I Steve and I David and I. It is unanimous. We have accepted
staff's recommendation. Next up continued requests for determination of applicability. Patrick Burke, 158 Church Street, Thmouth, Mass for permission to reinstall mitigation plantings in
accordance with Mass D-4051. Alyssa, staff recommends a negative three under the state and a negative two under the bylaw. Resource area boundaries are not confirmed. Bird move fiscal second. We have a motion and a second to accept
staff's recommendation. Questions or comments? All right, we're voting to accept staff's recommendation. Bill Duffy, I Courtney Bird I. Matthews I. Ron Priscal I. Ronnie Lman I.
Russman's eye. Steve Madden I. David. Kent. I. It is unanimous. We have accepted staff's recommendation. Thank you Alyssa and Fallon. Next up, our continued request for a
hearing under a notice of intent. All here, excuse me, all hearings of the Fmouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetlands Protection Act and the Falmouth Wetlands bylaw. Although a single decision of the
commission is issued, it represents a separate decision under each authority. As a reminder, public commenting is limited to three minutes. So, I encourage you to stay within the purview of this board, which are the rules and regulations of the wetlands protection act and the Falmouth wetlands bylaw and
how they pertain to a particular application. The chair reserves the right to stop any commenting that is disparaging or inconsequential to the hearing. First stop, Wayne Van Wart, the Sea Shell Lane Community Association,
Inc. 0 Davisville Road. Map and parcel ID is 40-11-013-0000 with Mass for permission to reconstruct and enlarge an existing licensed community dock system. Jen, yes, Mr. Chairman, the applicant is
requesting a continuence until July 23rd. We did meet with the community and the planning board um or planning department on site and they are still working through the plan. Is that enough time?
It it's a slow process but it's a it's an association so it's taking them some time to work through everything. Um what the date is what? July 23rd. So I'll make a motion to continue this July 23rd at the request of the
applicant. Driscoll second. All right. And Melissa, just to remind you, you probably know this, but the this hasn't been open. So, the quorum will be anybody that's there at that time. All right. Even though it should be
continued till like November, but not for me to say, I guess. All right. So, we have a motion and a second to continue this till July 23rd. Questions or comments? We're voting on the continuence bill. Duffy I Courtney Bird I
Matthews I Ron Driscoll I Ronnie Lman I Russ I Steve and I David Yeah I it is unanimous we have continue this
till July 23rd. All right. Next up, request to amend an existing order of conditions. First up, Andrew and Joanne Widus, 39 Juniper Point Road, Fouthmouth, Mass. Request to amend the
order of conditions for mass DP number 25-4890 to reconfigure the previously approved driveway, install stone steppers and install low voltage landscape lighting
and this is a new application. So that quorum is everyone here. All right, Jen. Yes, Mr. Chairman. I have promoted Doug Schneider up from Capen Islands Engineering to present his
amended uh project. Welcome, Mr. Snider. You're up, sir. Good evening, everyone. Um, this is an ongoing project at 39 Juniper Point Road. Um, I believe the architect may be with us also. Uh, Kevin Hustler
listening in the background. if there's any other questions that he may need to answer. Um, if I could share my screen. Yes, sir. Let's see if I can get to the right one. And you should see a USGS map just to
get us oriented. Yes. All right. This is 39 Juniper Point Road down in Woods Hole area. Um this is a quick aerial of the site. Uh this
project was back was in front of the commission about a year and a half ago. An order of conditions was issued in January of 24. An amended order was issued shortly after in May. Um we had a administrative adjustment on the decks
that were all within the what was approved before. The project is ongoing. They've pretty much finished up the building and they're working on the landscaping the driveway at this point. The photo you see in front of you is from uh near mapap uh April 25. So it's it's pretty
current. Um the request in front of you tonight is to adjust the the driveway that was originally approved um in a slight bit up in the north
northeast portion of the parking area. Add some steppers between a between the walkways. add some low voltage lighting around the site just for um safety of being able to walk through the the the
passageways and the walkways and the driveway. Uh all low voltage, low luminance lights, light lighting. Uh but they would be fixtures placed in the ground with with wires connecting them. So felt it was appropriate to bring in front of the commission. Uh also in
talking with the agents, we've um adjusted the location of the mitigation areas from what was originally approved. Uh the agents have been okay with those areas through an administrative review.
Uh this plan kind of kind of tried to colorize some of the changes uh that we're talking about here. I can zoom in on the driveway. The green driveway that you see over here, highlighted edge, was what was
originally approved. The pink is what was approved under the May amendment. Um, and then the the pink shaded area on the south side of the driveway was actually
eliminated at that point. So, there was a reduction in area of the driveway. Uh today's change is what you see in orange. Um just a little bit of adjustment in the A zone, little bit of adjustment in
the B zone in in this area here. Uh we've actually increased uh some of the mitigation area. What you see is cross-hatched in the green here is what was originally improved. We've expanded that area just a little bit uh
just for plantings. Um going down further, all of the walkways that you see here were approved except for they're looking to add some steppers in between a couple of the walkways. Just a minor minor steppers. Um
the building that you see is is pretty much what was originally approved or through the uh administrative approval. The mitigation areas that we had total of 1500 square ft. There's no change in that. We actually uh were slightly less
than what was approved for the required amount under the amended order. Uh we're at 1,476 square ft of required. We're actually proposing 1,500 plus a little extra from that part that's up by the driveway. And what was
originally approved on the amended order was 1,494. So, we have a little bit extra here. What you see highlighted in green in cross-hatching with a little X's is what was originally approved. And then what
we're shifting over to is what is shaded wholly in green. uh for the adjustment of the mitigation areas. Um largely due to the root structure of the of the plants that are already in place in the
area um on the the the eastern side here. Uh the landscape architect looked at it and really felt that it was that this area wasn't well suited for mitigation and the plans that are needed. So they opted
to move it over the mitigation over towards the west uh in expanding this area that was actually originally proposed as just regular landscaping but we're turning turning it into mitigation area. U the rest of the project stays
the same. um which included some deck and stairs and we're here tonight just to get an amended order from the commission to move forward and that's all I have.
All right, you can stop sharing, please. Certainly, Jen. Um, I think the only thing, Doug, is we'll just need an updated landscape plan from the landscape architect to match your plan and we're all set. Thank
you. Yeah. Thank you. Nothing further, Mr. Chairman. Alyssa. No comments. Thank you. All right. Commissioner comments. Bill,
I'm going to put you in the hot seat. If the staff is okay with it, I'm okay with it. All right, Courtney. No questions or comments. All right, I agree, Ron.
Yeah, no questions. Beautiful building. Great job. Thank you. Excellent, Ronnie. That was on site today. Looks really good up there. I think we just push it forward. Excellent, Russ. I'm all set, Mr. Chairman. Thank you.
Thank you, Steve. All set, chairman. Thank you. All right, David. All set. All right, Jen, is there anything in the public chat function, please? Nothing in the public chat, Mr.
Chairman. I'll make a motion to close the hearing a ticket under advisor. Fiscal second. We have a motion and a second to close the hearing. Last call. Questions or comments? All right, we're voting to close the
hearing. Bill Duffy I Courtney Bird I. Matthews I Ron Driscoll I Ronnie Bulman I Russ. Robin's eye. Steve Bon I
David. K I. Thank you. It is unanimous. We have closed this hearing. Thank you everyone. Good night. Good to see you, sir.
Okay, you guys were very gentle this time. All right. Next up, Scott and Carrie Tellier, Skoer Property Holdings LLC, 87 Colonial Way, Falmouth, Mass. Request
to amend the order of conditions for mass DP number 25-4759 to remove a deck, install a pool with a patio, construct landings, covered patio, rent station, relocate a shed,
and reconfigure the previously approved fence. Jen. Yes, Mr. Chairman. I have promoted Tom Bunker up to present his amended request. Evening. Hey, good evening. Thank you for the record. My name is Tom Bunker with BSS
Design and I'll I'm here to well here to represent the tellers to amend the order uh which was originally done to eradicate uh bamboo not not not weed but the actual bamboo like 12 14t tall kind
of bamboo uh from their backyard. And uh because this property was already under a an order of conditions, uh we had to file to amend the order even though at this point this property is only in a
flood zone. Uh there's no wetland nearby. Um no no mitigation A or B zones. But uh I will share my screen and uh show you what I got. Thanks, Tom. just start with the GIS and this uh does
actually show the topo one wetland and there uh I'm sorry Tom we don't have your plan up we don't have that up see it okay let me try again we saw share click on that share button there it is
we closer I think I think we're there you go okay the little dog new tricks. See if I can full screen it here. Got to practice. We haven't seen you in a while. I know. I've been laying low.
So, yeah, just to back up uh a little bit. This This is the GIS map. It's in Colonial Way, Pine Bay Estates. As you can see here, it's just north of Chase Road. Um in this area, I mean, within 100 feet or more than 100 feet, there are no wetlands. Although there are some
small wetlands up and down Colonial Way, but it's it's this property, this property here, number 87. Um I I too many screens going on here. Okay. So, here's our plan. Uh,
this is similar to the plan that we filed um for the original notice of intent. uh this this area from from this line right here. So this line going
right along through here was the line original line of the bamboo. Everything to the right of this line uh had was covered with bamboo uh which had taken over a red cedar area and there's still
there were there was less bamboo. So, there's still a great cedars down in in this southern corner or rather western corner of the property here. Um, if you were there, you saw all these
trees have no branches for 10 to 12 feet high because they were out competed for the light at the lower lower level branches. Uh, but this was all heavily grown up with bamboo. It's been removed by uh mechanical means pulling out the
pulling out those crowns, clumps of of root and everything and a barrier across the back. But um we're not we're here now. They uh now that the bamboo is gone under control, uh the main main thing I
want to put in there's a swimming pool and a patio. If you went there, you saw maybe that there had been in the original plan, there had been a deck in this location that had already been uh removed. Uh but we're proposing a a
patio around the pool. Uh and in this corner of the patio, there'll be a roof over it. uh with a uh a kitchen an out outdoor kitchen under the roof here and a uh great station in this location. So
we have a trench drain. The patio has to slope away from swimming pools and of course away from houses also. So that's the low point. So, we have a trench drain going across the patio, draining into a dry well in this location. And of course, the drain from the rinse station
into there and the drain. Um, if there are gutters, I can't remember if there's a gutter, but if there are gutters, it'll go into that drywall also. Um, there's existing a shed here. They want to push it back amongst facto
trees here. Uh and then also install a dry well which will uh be mainly for the um the uh pool equipment the pool draw down and all in this location. Um that's a picture of it there. The the
lawn you can see there's some colored lines. If you were there you saw maybe outlined in in tape for the pool and the patio right in this location there. There's nothing there at the moment except for some some grass trying to grow. Um and uh that's the former
location of the bamboo. Um it's in an Azone uh not within 100 ft of any wetland uh coastal bank or any such thing. I would hope that because there's an existing order on here that you I can do
a little swifter I hope approval of this project. Um because it is really just a project in in a flood zone. Um that's the presentation. I will take it down and take questions. Yes sir. Chen.
Yes Mr. Chairman. Thank you Tom. Um, I believe, and you might have touched on this, that the applicant was required to put in five or so cedars the last order. Um, and they are asking for relief from that because they have planted a bunch
of trees that we never species that we we didn't realize they were planting those trees and those are species we typically wouldn't approve. So, I think we're going to recommend that they still install the cedars or if they're not
partial to cedars, we can change out the species to holl something like that. More more if they prefer those types of trees. Yeah, that'll fall under the Yeah, under the order under the order existing
order. Yep. We'll put it in the amended. Okay, thank you. That's all chairman. All right, Melissa. Nothing to add. Thank you. All right. Commissioner comments and questions. Courtney,
um I really have no questions. I agree with uh uh with Jen on on on the concerns about the trees. I'm good. All right. Thank you. A lot of work going in there.
Ron, I'm all set, Mr. Chairman. Thank you. Okay, Ronnie, no comment. Ross, no, I'm good, Mr. Chairman. Steve, no comment. Thank you. All right, David. All set.
Okay, Bill, no comment. All right, Jen, is there anything in the public chat function, please? Nothing in the public chat, Mr. Chairman. Mr. Chairman, I'll make a motion to close the hearing and take it on revising.
Driscoll second. We have a motion and a second to close the hearing. Last call. Questions or comments? All right, we're voting to close the hearing. Bill, Duffy, I Courtney third eye.
Matthews I Ron Briscoll I. Ronnie Bowman I Russ. Steve and I David and I. It is unanimous. We have closed this
hearing. Thank you, Mr. Bunker. Thank you. Thank you, Tom. All right. Good night. Good night. All right. Next, request to extend an existing order of conditions. First up,
Les Chinoscus in Laura Tenny, 69 Poliola Drive, Balmouth, Mass. D number 25-4546, requesting a one-year extension. Jen, yes, Mr. Chairman. Uh, staff recommends a one-year extension. This is so that
they can replace any of the mitigation plantings that have died off. Birds move. Driscoll second. All right, we have a motion and a second to grant a one-year extension as
recommended by staff. Questions or comments? We're voting on a one-year extension. Bill Duffy, I Courtney Bird I. Matthews I Ron Bisclly I Ronnie Lman I Russ Robins I
Steve and I David and I. It is unanimous. We have granted a one-year extension. Next up, other business.
168 Shore Street. Discuss and vote. Conservation Commission support for conservation restriction. So, we're we're voting for support, not so much the restriction as yet. Correct. Correct, Mr. Chairman, and my apologies.
I will be rescheduling this for a later date. We will not be hearing this request this evening. My apologies. Do we need um to formalize that? No, you don't, Courtney. It's just You're fine. I'm just going to request
it to a later uh on a later agenda. Good enough. All right. Next up, vote amended order of conditions. First up, only up. Vincent Albuilders 362 Echapescuit Road, Felmouth, Mass.
And the quorum excludes David. Sorry, David. And this is the amended um amended order request. We are just um revising the uh planting plan for the main house. Uh
Alyssa and I met with the uh landscape architect from Acer um Acer Design. Um we came up with a plan that the staffs can support. So um those are my only comments. I'm we're
fine with the plan as was presented to you last week. I'll make a motion to accept uh or to um uh issue an order conditions as discussed. Chris second. All right. Alyssa, did you have anything you'd want to add? Okay. Didn't want to
skip over you like somebody else did. All right. We have a motion and a second to issue an amended order of conditions. Questions or comments? All right. We're voting to issue the amended order conditions. Bill Duffy I
Courtney Bird I. Matthews I Ron Priscal I Ronnie Bowman I Russ. Steve Matten I. It is unanimous. We have issued an
amended order of conditions. And before the last motion just a reminder there's no meeting next week. So enjoy your night off. All right, last motion. Who wants it?
Bird. I'll make a motion to journal seconds. So it's customary. Bill, you start the start off the vote without being asked. Oh, Duffy. I Bird I
Discolly. Bulman. Hi. Oh, Ross, you blew it. I said I was in there. You were muted. Steve, I heard him. I heard him. Pat and I Jennifer had her
hand up. Boss, can't I? What can I tell you? All right, we're adjourned. [Music]