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[music] [music] [music] >> Good evening and welcome to the July 1st, 2026 meeting of the Falmouth Conservation Commission. This meeting is being held virtually via Zoom video conference and also being broadcast by FCTV on cable channel 9.

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>> [clears throat] >> As this meeting is being broad recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, what can be seen and heard in your background. We are missing a few commissioners tonight. However, we have a quorum and

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we will be moving forward. I would like to remind the commissioners that for commenting, I will call on each of you in turn, so please refrain from speaking over each other. Also, 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

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you made the motion or second. To our public attendees, at any time during the meeting, you may enter any comments or questions via the chat function. At the appropriate time, they will be read into the record. If any attendees would like to participate in a particular hearing, let

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us know via the chat function and at the appropriate time, you'll 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 3 minutes each. For the benefit of anybody waiting for a

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particular hearing tonight, so that you're not waiting unnecessarily, the following hearings are expected to be continued. 4:15 Maravista Avenue, Falmouth, Mass. 15 Darylin and 0 Rands Road, Falmouth, Mass. 38 Wenaumet Drive, Falmouth, Mass.

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58 Cape Codder Road, Falmouth, Mass. All right. >> [clears throat] >> First up is uh I'll accept a motion to uh approve the minutes from the May 13th,

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2026 executive session. >> I move, Dave Katz. >> I'll second it, Walsh. >> A motion and a second to approve the minutes from May 13th, 2026. Any questions? Seeing none, I will call the roll.

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>> Jim. >> Breithaupt, I. >> Dave. >> Katz, I. >> Ron. >> Briscoe, I. >> Dan. >> Walsh, I. >> Ann Duffy, I. Motion passes to accept the minutes from the May 13th, 2026

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executive session. For NOIs, all hearings of the Falmouth 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

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separate decision under each authority. As a reminder, public commenting is limited to 3 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.

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Please note that all correspondence received by the Conservation Department is forwarded to all commissioners and becomes part of the record. We will not read each and every letter received at a hearing. Remember, our jurisdiction is that of the Massachusetts Wetland Protection Act and the Falmouth Wetland

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Bylaws, not zoning, health, or building. All right, first up we have request for hearing under notice of intent. First one up is Nobska Pond, CEO Philip L. and Judith B. Richardson, Falmouth, Mass. For permission to conduct invasive

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management of common reed. Phragmites australis. Jen? >> Yes, Mr. Chairman. I've promoted Jen Crawford of Crawford Land Management to present her project. Hello, Jen. It's been a while. >> I know. Hello. Good evening, everyone. It's nice to see you. There's a lot of

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faces I don't know tonight. >> [laughter] >> Which is fun. Um for the record, I'm Jen Crawford from Crawford Land Management here on behalf of the applicants. Um so, this project is a is a very simple project, actually, which is kind of nice.

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Um it is taking place on Nobska Pond off of Church Street. Uh there are multiple owners around this particular pond that have um come together to uh basically continue a project that was originally permitted and work was done back in 2010, I believe. Um and I

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believe that all the work that was permitted at that that time was completed and it was for the same thing, management of invasive Phragmites reed. Um so, since that work has been completed, there has been um some pockets some small kind of isolated pockets around the edge of the

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pond that have um started to support Phragmites again um uh amidst a smattering of other um species. For the most part, the area around the pond and the buffer zone um is is well vegetated. It's well

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vegetated with natives. It's not threatened. Um I guess I should have also covered the the basic resource areas around the pond, the pond itself obviously. There's the barrier beach and inland bank um BVW um flood zones and the associated

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buffer zones. Um when we went out to survey the areas around the pond, we uh we completed those surveys from the water actually. Um with [clears throat] that just in uh actually I think they did it on paddle boards at that time.

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Um but there were eight isolated areas constituting a total of uh just under 4,800 square feet. Um so we were able to put together a um uh site plan of the pond showing the entire area, all the areas that we

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mapped uh using GPS. Um and then process with GIS data um software data. And then we submitted to you as well uh land management plan just outlining our application methods which are uh very

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typical for this um type of invasive species in these types of areas. Um it's a direct stem application uh for areas that contain Phragmites growing in more dense stands. We bundle them, then cut and um and wipe

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or spray the very ends so there's no um it's very very targeted. There's no uh chance that there is um anything else that could possibly be harmed except the target species that we're trying to treat. Um we also

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included 3 years of follow-up and monitoring to run through the life of the permit. Um and then uh we'll see where we're at at the end of the life of the permit if we need extensions or if we need to continue maintenance, um we would come back to you accordingly at

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that time. Um I think that's really it for my presentation. Like I said, it's kind of a continuation of a project that was permitted years ago. So I'm more than happy to ask any questions that you might have about it. >> Ben, can you just toss up the plan so

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they can see where you mean, please? Sorry about that. I should have asked before. >> No, I was going to ask you, too, and then I was like, "Well." Yes, I will put the plan up. It's The plan is actually a little bit because of the scale of it, it's um a little bit hard to

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decipher everything, but I also have some Well, let's see. Where is my right tab? I also have some images within the land management plan that I could share, as well. Um Um Let's see.

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There we go. Sorry about that. Can you see my screen? >> Not not quite. >> Yep, we can. >> Yes, now we can. Now we can. >> Excellent. Um so, you see the um You can see that we identified uh the

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various resource areas. They were the inland banks, the BBWs. They were flagged on site by a wetland scientist. We picked all of them up um with GPS. The isolated areas um are shown in a very light gray hatch. Each one has um corresponding I'll see if I can zoom in.

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Each one has a corresponding square footage. Um so, you see this is showing area one, area eight, area seven. Um and then we also have a little key plan up in the corner that highlights those little areas in red, which is almost easier to look at when you're

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just trying to figure out where everything is at. Um but, the plan does have each one of the square footages shown on there. And then if you want to see it in um Let's see if I can show this next.

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I'm not used to using um a touch screen computer, so like [laughter] Uh there we go. So, these are Did that switch to different pages now for you guys? >> Yes. >> Okay, great. So, this is included in our land management plan, but we used

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drone footage to be able to kind of illustrate some of those areas cuz you can't access them all from the land side, so to speak. So, this is a representative image of [clears throat] area one. Um you can see it's just a very narrow fringe along that edge that

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needs to be managed. Um and this is what it looks like in more of a plan view, so to speak, for area one. Um I don't think we put all of the areas in here, but we put good representative areas. So, again, you can see area three, um and that's along Church Street,

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um and then I think we have one more. Oh, this is area three, too. So, you can see they're just those real thin fringes. Um is there anything else you'd like me to show or go over? >> All set. >> All right, thank you.

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>> Thanks, Jen. Jen, any comments? >> Uh just one question. Pretty straightforward project. Worked with Crawford many times in the past on these types Jen, the uh regenerative pruning will only take place on native solely within the Phragmites stands, not anywhere else? Okay.

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>> No. Nope, and that's just really, you know, when they get real tall and leggy like that and they snap or anything, we just want to make sure that we have the ability to prune them for health or prune them for structure so that they can regenerate accordingly. >> Okay, fine. That's all. Thank you. I'm

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all set, Mr. Chairman. >> Excellent. I will take Commissioner's questions. Jim? >> No questions, Mr. Chairman. >> Dave? >> a quick interest questions. How long will this take, do you think? >> Um to do the initial work? >> What you have have described tonight,

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yeah? >> Yep, to do the initial treatment, um it depends on Honestly, I don't know. Uh it depends on how big the crew is that we send, but my assumption is that it would probably take maybe two or three days to get through

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it all, maybe four. It depends because we'll also have to gather and find a way to take those uh stems that we're cutting and get them out. Um and access is limited, so it's really going to I think depend on how long it takes us to get um the the cutting and the bundling

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and wiping doesn't take that long. It'll be more about uh getting the tops of them out and disposed of. That I think will take much longer than actually treating it. >> That looks interesting. Any approach Any Any approach at least from the water again with a

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>> Yes, we will use a non-motorized um we'll either use a johnboat or we'll um have canoes probably. Um it'll be whatever Nick decides to bring down, honestly. [clears throat] >> Okay, thank you. That's all from me. >> Um

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Dave already asked if you were going to What are you going to do by water or land? So, I guess you're doing it by canoe. Um do you consider the first one successful? And I I didn't hear what year you did that. How long ago was it? >> Um honestly, we it wasn't us that had permitted that back in 2010. It was a different firm. Um and I don't know the

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extent of what was there. So, honestly, I can't really speak to that, but what I can say is that what is there now, generally speaking, is is very minor and this I would consider this uh uh earlier stage um kind of early detection rapid

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response, so to speak. But, I don't know if Jen I don't know if you remember this project from then. So, yeah, I'm not sure how extensive it used to be. I don't know. >> Uh if if you do nothing, will they phragmites take over? >> Typically, they do. Yes, they'll find a

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way. >> Okay, thank you. >> Yep. >> So, Dan Either Jen can answer this one. I'm only trying to understand is there any other state organization that needs to approve this? >> So, we do not as as of this afternoon we

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do not have an NHESP um or um It is an NHESP I believe we sent it. We don't have comment. We do not have a file number. So, I do know that I will have to take continuance, but I wanted to make sure that I um was able to be able to address any questions or

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additional information that you had. >> Well, that's why that's why I was asking to figure out if we needed to continue this. >> Yes, we do. >> Yeah, you do. Yeah. >> No other questions. Thanks. >> And I don't have any questions. So, um when would you like a continuance date?

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>> Um >> for >> I am hoping that I can that we'll get a file number and everything we need and the next time you can fit me on your agenda we can um we can close this out and and move forward. I don't know. I I'm not going to I don't

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know how to comment but long it's going to take them. >> Um >> We should get a file number soon. >> When? Yeah, well we need natural heritage comments. They have 30 days. We have to issue it like we have to advertise it in 21.

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So, if we continued you out Jen till the 22nd, I think you should be safe. >> I think so. I'm hoping before then, but yeah, I think that should be fine. >> you want to try for the 15th and contact um natural heritage, but it might be too close for them. >> And and honestly, it doesn't really

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matter because we won't be doing the initial treatment until the fall anyways, probably sometime in September. So, we just want to make sure that we got this process, you know, started and done so that we were all set when it came time for treatment. So, that's fine with me the 22nd. I don't

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It's not going to matter. Yeah. >> Let's go with the 22nd then. >> Sounds good. >> All right. I will uh entertain a motion. >> I David. >> I move to continue to 22nd, Kent.

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>> I'll second it, Walsh. >> [laughter] >> Motion is seconded. Any questions? Um Jen, anything in the chat? >> Nothing in the chat, Mr. Chairman. >> All right. No questions. Seeing none, I will call the roll.

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>> Patrick, >> [clears throat] >> Mr. Lion, >> Walsh, I. >> And Duffy, I. Uh motion to continue this hearing till the 22nd of July passes. >> All right. >> Thank you, Jen. >> Thank you, Jen. Nice to see you again. Have a great fourth.

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>> You too. Yeah, you guys too. See you. >> All right. Next up, the rest are mostly to be continued. So, we have David and Marcy Barnes, 38 Squibnocket Drive, Falmouth, Mass. For permission to replace a piling and for after-the-fact

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permission to construct retaining walls, install patio, replace a decking, and alter existing vegetation. Jen. >> Um That is The applicant has requested a continuance till August 12th. >> Okay.

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>> What's going on, Jen? What's going on, Jen? Do you know? What's going on, Jen? Do you know? >> Um they wanted time to address our staff reports. Our staff has sent over a five-page staff report. So, I think they just want time to address it, cleared it

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through um council and Bill. So, I'm we're fine with the continuance. >> Thanks. >> Got it. Wonderful. >> So moved. >> Did you Is that Is that a first? >> I second. >> Perfect. So, we have a motion to

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continue this hearing till August 12th. Any questions? Seeing none, Jim. >> Bragathia. >> Dave. >> Pantai. >> Ron. >> Riscoe aye. >> Dan. >> Walsh aye. >> And Duffy I motion passes to continue

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this hearing till 8:12. Next, continued request for hearing under a notice of intent, 15 Dairyland LLC, 15 Dairyland and Zero Rents Road, map parcel 0503001B000. Falmouth, Mass., for permission to construct a common dock. Ken.

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>> Yes, Mr. Chairman. They are requesting a continuance until July 22nd. >> Okay. >> Any explanation as to why? >> Um we provided the staff comments back in October.

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Um and we didn't receive any comments back, and so we gave the applicant a call earlier this week, late last week, and asked them, you know, what was going on, that we had numerous questions that

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needed to be answered. They also do, I believe, need to somehow go through zoning. Um and so they have requested a continuance to try to provide information to staff so that we can validate and offer comments to the

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board, and also to determine uh their zoning pathway. >> Got it. See, we're a little out of order. This is This is 15 Dairyland, right? >> Yes, 15 Dairyland. >> I move that we continue until the um

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22nd. Tent. >> Second, Allsh. >> All right, again, a motion and a second. Any questions? Seeing none, Jim. >> Bragathia. >> Dave. >> Pantai. >> Ron. >> Riscoe aye. >> Dan. >> Walsh aye.

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>> And Duffy, I motion passes and yes, that was out of order in the continuing, sorry. Um I got the Gallagher, right? >> No, not yet. >> Not Gallagher, yeah. We have not done that. >> Oh, sorry. I went I'm going backwards

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up, sorry. I didn't know I had like dyslexia right now. Next, John H. Gallagher the third, 415 Maravista Avenue, Falmouth, Mass. for permission to raise an existing single-family dwelling, construct a new family dwelling on pilings, and install a new Title 5 sewage disposal system and with

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mounted leaching field. Jen. >> Yes, um the applicant is requesting a continuance until July 22nd. They too need to apply to the zoning Board of Appeals before appearing to you. >> That's what I was going to ask. This one

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looks like it's a coverage issue. It increases a lot. >> It is, but the Wetlands Protection Act states that the applicant must apply for and or obtain all other obtainable permits prior to coming before the

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Conservation Commission. >> Right. >> So, if there are zoning implications, they do it in these least do apply to zoning before coming to you. >> Okay. I'll make a motion to continue this until July 22nd.

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>> Correct. >> 10 seconds. >> You got a motion and a second to continue to July 22nd. Any other questions? >> Yeah, did anyone else get attacked by Rosie when you went over there to look at that place? >> Who's Rosie? >> I think the mutt that attacked me.

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>> How big? >> Um a shin a shin nipper. >> Oh, good boy. >> Are you wounded? >> No, I almost I stuck the I stuck the plan down in front of the dog so he bit the plan instead of my knee. I said on my shin.

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>> Okay. All right. >> I said we should go, man. >> Another another the keep cuddling. >> Gave I almost gave my blood for the conservation. >> I was thinking that, yeah. >> Any other questions? Not about dogs. >> Only >> We'll call the roll, Jim.

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>> Graff, aye. >> Dave. >> Can't I. >> Ron. >> Briscoe, aye. >> Dan. >> Walsh, aye. >> And Duffy, aye. Motion passes to continue this until 7:22. Next, continue to hearings under enforcement order. Mary Ann Peschicho,

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48 Kitty Cod Road, Falmouth, Mass. Violations of the order of conditions for MassDEP 25-4519, 10. >> Yes, Mr. Chairman. The The The property owners are requesting a continuance until the 22nd of August. They have

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recently um retained Falmouth Engineering and Blue Flax Design, the original engineer and uh restoration uh company for this site um to guide them through this. So, they'll be working with them to bring us a plan.

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>> Okay, thank you. Can you hear me? >> Yes. >> Yes. >> All right. I'm frozen on my own screen, so I just wanted to make sure. >> [laughter] >> All right. So, I'll move the question. >> Questions. >> All right. >> I'll move that we

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continue this until August 22nd. >> And second. >> I got a motion a second to continue to August 22nd. Jim. >> Graff, aye. >> Dave. >> Can't I. >> Ron. >> Briscoe, aye. >> Dan. >> Walsh, aye.

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>> And Duffy, aye. Motion passes to continue that hearing until the 22nd. All right. Now, votes on orders of conditions. John G. Melchiona Trust, John G. Melchiona Family Trust, 15 Beach Street, Falmouth, Mass.

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>> This Yes, this is to um restore a vista and mitigate for a unpermitted deck that had gone on property after the property was built.

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Um some of the conditions would be a pre-construction meeting. >> [snorts] >> Uh no further work in the permitted vista. Um obviously, they would also need to wait till the um uh the the the vegetation within the vista

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establishes prior to additional pruning. And plant by a date certain. Uh we are choosing October 31st for the plantings to go in because uh it's just too hot right now.

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So, we're going to let everybody plant in the fall. Much better planting time now that we're getting into the heat of the summer. >> Sounds good. Any questions? >> I move that we uh issue an order of conditions as discussed. Kent.

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>> Second, Walsh. >> The motion has second to issue an order of discussions as discussed. Any Any other questions? Seeing none, Dan. >> Walsh, aye. >> Dave. >> Kent, aye. >> Ron. >> I don't think I'm on the quorum. >> No, you're not, Ron.

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>> No. Jim. >> Rath, aye. >> And Duffy, aye. Motion to issue an order of conditions as discussed. Um Are you on the quorum for any of these Ron? >> No. >> No, he's not. >> Excellent. >> Have a happy fourth Ron.

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>> Oh, it's too early. I'll just hang around and watch you guys make votes. >> Okay. >> All right, next we have Grilli Revocable Trust, 20 Beach Street, Falmouth, Mass. Jen. >> Uh yes, this is to remove a sunroom, a patio, rain station, and then

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do a garage addition. Uh I did not get any notes. Wait, hang on. Here we go. A better permission submitted prior to building permits sign. Okay. So, we just

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need to get a better permission uh prior to signing off on the building permit. Um But, other than that, it doesn't look like I was left any particular notes that you guys talked about at the last hearing from

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Valerie or Alyssa stuff. That was the only one. >> All right. >> Do you remember anything else that you guys might want to see on this site? >> Yeah, so let me just kind of go through this. So, I believe there was a bunch of discussion around location of trees and plants and that there was other clearing that

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needed to be addressed along the road on the south boundary. >> I think that's the abutter information we need so they can repair that. >> Got it. >> And did you get it Did they get a DEP number between last week and this week? Cuz they didn't have one last time.

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>> It shouldn't have been closed if they didn't have a DEP number. Hang on. >> Um maybe that's an old note. Oh, that's an old note. Sorry. >> Okay. Now you've got me nervous. Let me just double-check. Um I'm almost there, guys.

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They have one. >> Okay. And what either I don't remember whether this was a a list or found but they they were waiting for an updated plan. Or what we do. >> We were That was for 15 Beach Street, not 20 Beach Street, and we did receive

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that updated plan. >> Huh, okay. >> If if Beach if 20 Beach Street needs one, too, I'll double-check and if that has to be a condition, I'll put that in if we need an updated plan. >> Okay. >> Okay? >> Yep. >> Sorry about that. I didn't tell you that

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on 15. I apologize. >> All right. Any other questions? All right. Entertain a motion. >> Do Do one. Do one motion, Nick. I've got a brother. Brooke, one one motion. >> No. >> No, no. >> No. He's on >> He can't make it. He's on the floor. >> Not on the quorum, huh?

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>> Oh, that's true. >> I'm on the bench. >> Okay, I I move we order issue an order of conditions as discussed. >> I'll second. >> A motion and a second to issue an order of conditions as discussed. Any more questions? Seeing none, Dan.

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>> I'll say >> Dave. >> I'll say >> Jim. >> I'll say >> And Duffy, I motion to issue an order of discuss discuss order of conditions as discussed passes. Next, James Pellow and Robin Shemmick,

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65 Walker Street, Falmouth, Mass. 10. >> Yes, this was raise and uh rebuild existing family dwelling, uh construct new dwelling, uh revise plan I mean uh

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conditions we need to revise plan for the proposed grading it's two small retaining walls. We need to determine which trees are being removed and we may need to shift that limit of work. >> Any questions for Jen? >> With with that many outstanding issues, should we go ahead and do it?

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>> [clears throat] >> They can all They can all be handled during the uh order conditions. Seems like a lot. >> I don't think we would have closed it unless we had approved. >> We wouldn't have let you close it. Trust us. Your guys are good. >> All right. Questions for Jen. Any

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others? All right. It's a pleasure. >> I move we issue order conditions as we just discussed. Kent. >> Walsh, second. >> Motion and a second to issue an order of conditions as discussed.

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>> Walsh, aye. >> And Jen. >> Kent, aye. >> Dave. >> Fratesi, aye. >> Jim. And Duffy, aye. Motion passes to issue an order as this order of conditions as discussed.

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And that looks like that is it. I will um entertain the final motion. >> motion to adjourn. Frisco. >> Dave, aye. >> Walsh, second. >> [laughter] >> All right, we got a motion and a second to adjourn. >> Walsh, aye.

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>> Kent, aye. >> And Duffy, aye.