WEBVTT METADATA Video-Count: 1 Video-1: youtube.com/watch?v=m7nlrMZdnwM Part: 1 1 00:00:00.000 --> 00:01:00.079 Heat. Heat. [music] [music] Heat. [music] Heat. Good evening and welcome to the July 15, 2026 meeting of the Falmouth Conservation Commission. This meeting is 2 00:01:00.079 --> 00:01:15.520 brought 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 3 00:01:15.520 --> 00:01:32.479 your background. We are missing two commissioners tonight. However, we have a quorum and we're moving forward. Um, the chair will be appointing Mike Beckerly as an alternate and will be taking place tonight. I'd like to remind the commissioners that for commenting I will call on each 4 00:01:32.479 --> 00:01:48.560 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 you made the vote motion or second. to our public attendees at any time during this meeting, you may enter any comments 5 00:01:48.560 --> 00:02:04.399 or questions via the chat function. At the appropriate time, they'll 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'll be promoted into the hearing as a participant. When you are selected, you 6 00:02:04.399 --> 00:02:20.480 must have your video enabled, be succinct, and respectful of others. Public comments will be limited to 3 minutes each. Regarding RDAs, under a request for a determination of applicability, the applicant is seeking the commission's to determine if the provisions of the 7 00:02:20.480 --> 00:02:36.080 Massachusetts Wetland Protection Act and/or the Falmouth wetland bylaws apply to the proposed project. A negative determination is that the provisions of the actin or bylaw do not apply. Therefore, the project may proceed as proposed. A positive termination means 8 00:02:36.080 --> 00:02:52.400 the provisions of the act and or 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 want to hear a negative determination. For the benefit of anyone waiting for a 9 00:02:52.400 --> 00:03:09.040 particular hearing tonight, so you will not be waiting unnecessarily. The following hearings are expected to be continued. 34 Bridge Street, Fmouth, Mass. 20 Associates Road, Fmouth, Mass. 8 Associates Road, Falmouth, Mass. 282 10 00:03:09.040 --> 00:03:28.080 Quisit a Falmouth, Mass. Okay. First on the agenda tonight is a review and approved minutes for June 24th. >> Make a motion to accept the minutes of June 24th, 2026. Triscoll, 11 00:03:28.080 --> 00:03:43.440 >> second, Walsh. >> A motion, a second. Any questions? Hearing none, I will call the role. Dan >> Walshy, >> Ronnie, >> and I >> Mike, >> I have a question. 12 00:03:43.440 --> 00:03:58.159 >> Yep. >> Uh, I was not in attendance at that meeting. Uh, so can I vote on this? >> Should I vote on this or should I just abstain? >> I would abstain. >> Y Ronain. 13 00:03:58.159 --> 00:04:14.879 >> Thank you. and Dave >> H I >> and Duffy I motion passes to accept the minutes. First up for request for determination ofability Stone Arm Construction Inc. 230 Alder Lane found with Mass for permission to 14 00:04:14.879 --> 00:04:30.320 remove a portion of patio install plantings. Install a new patio area replace a spa deck and fire pit area in the same footprint and install drywalls. Fallon >> staff recommends a negative three under the state, negative two under the bylaw. 15 00:04:30.320 --> 00:04:47.120 Resource area boundaries are not confirmed. >> Yeah. Move to determine the work described as within an area subject to protection but will not remove, fill, dredge, or alter the area. Driscoll. >> Bman second. >> Then a motion, a second. Any questions? 16 00:04:47.120 --> 00:05:04.240 Hearing none, I'll call the role. Dan, >> all shy, >> Ronnie, >> I, >> Mike, >> Beckerly, I, >> Ron, >> Driscoll, I, >> Dave, >> and I, >> and Duffy, I motion passes. 17 00:05:04.240 --> 00:05:21.440 Next, Patrick E. 67 Quanet Road, Falmouth, Mass, for permission to construct additions on an existing single family dwelling. Alen >> staff recommends a negative three under the state two under the bylaw. Resource area boundaries are not confirmed. 18 00:05:21.440 --> 00:05:37.520 >> Move to determine a work describes as within an area subject to protection but will not remove, fill, dredge or alter the area. >> Bowman second. >> We got a motion and a second. Any questions hearing? None. I will call the role. Dan 19 00:05:37.520 --> 00:05:53.919 >> Paul Shy. >> Ronnie Bowman I. Mike >> Beckerly I >> Ron >> Driscoll I >> Dave >> K I >> and Duffy I motion passes. Next we have a continued request for determination of 20 00:05:53.919 --> 00:06:10.560 the pickability. Laura Nunser 178 Edgewood Drive East found with Mass for permission to permit and repair an existing pier. Alan >> staff recommends the negative two under the state and bylaw resource area boundaries are not confirmed. 21 00:06:10.560 --> 00:06:26.639 Move to determine a work described is within an area subject to protection but will not remove fill dredge or alter the area. Driscoll >> Lman second. >> You got a motion and a second. Any questions? Seeing none hearing none. I will call the role. Dan 22 00:06:26.639 --> 00:06:44.000 >> all shy. >> Ronnie I. >> Mike. >> Beckerly. I >> Ron >> I. >> Dave >> K I. >> And Dy. Motion passes for NOIs. 23 00:06:44.000 --> 00:06:59.520 All hearings of the Falmouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland Protection Act and the Falmouth Wetland bylaw. Although a single decision of the commission is issued, it represents a separate decision under each authority. As a 24 00:06:59.520 --> 00:07:15.039 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. Please know that all correspondence 25 00:07:15.039 --> 00:07:30.639 received by the conservation department is forwarded to all commissioners and becomes part of the record. We will not read every each and every letter we receive at a hearing. Remember, our jurisdiction is that of the Massachusetts Wetland Protection Act in the found with wetlands bylaws, not 26 00:07:30.639 --> 00:07:47.759 zoning, health, or building. All right, first up, Robert Traia, 34 Bridge Street, found Mass for permission to conduct maintenance and improvements dredging. Lissa, >> yes, the applicant has requested a 27 00:07:47.759 --> 00:08:03.280 continuence to your next available hearing. Um, I wanted to get everyone's opinion. The next available would be next week on the 22nd. They're just waiting for state comments. You only have one notice, but you have five continued. I know one isn't happening, 28 00:08:03.280 --> 00:08:18.479 but that's still kind of a big night plus an amended order. So, I'm not sure if you'd like to tack it on or push it to August 5th. >> I would probably say August 5th. Um, I'm not going to be in next week. 29 00:08:18.479 --> 00:08:32.880 >> Okay. There'll be one less commissioner but >> make a motion to continue till August 5th. Bowman >> Driscoll Driscoll second. >> Got a motion a second to continue this hearing till August 5th. Any questions? 30 00:08:32.880 --> 00:08:48.640 >> So Alyssa, is there see your your report noted a number of of changes to the property that needed to be corrected. There's also I think the list of permits that they're still waiting for. Is that the per the two reasons for the continuation? Um, primarily the state 31 00:08:48.640 --> 00:09:04.640 comments. Um, you guys tend to not want to close a hearing until we have those. Um, and there's always a delay because they have a longer time frame. >> Um, so primarily it's that. Uh, the other notes are because we did see this property a year ago and there were concerns and they haven't been 32 00:09:04.640 --> 00:09:21.120 addressed. So, I'm bringing it to their attention again. >> Okay. Thank you. >> All right. We got a motion, a second. Any other questions? You know call the roll again. >> Walsh. >> Ronnie >> I. >> Mike. 33 00:09:21.120 --> 00:09:37.200 >> Becker Lee. I >> Ron >> I >> Dave >> I >> and Dia. Motion passes to continue this hearing until August 5th. Next we got Robert and Dana Smith 20 Associates Road Falmouth Mass for permission to 34 00:09:37.200 --> 00:09:54.320 reconstruct an existing stone revetment. Alyssa. >> The applicant has requested a continuence until August 5th. Just move to continue the the hearing until August 5th, 26 at the direction of the applicant. >> Bman second. 35 00:09:54.320 --> 00:10:11.519 >> Got a motion, a second. Any questions? No questions. I will call roll. Dan >> Paul Shine. >> Ronnie, >> I >> Mike >> Becker Lee. >> Ron, >> Chris, >> Dave, >> Tai, 36 00:10:11.519 --> 00:10:27.279 >> and Dia. Motion passes to continue this hearing until August 5th. Next, Chapaquit Real Reality Trust 8 Associates Road found with Mass for permission to install a pool, reconstruct the spa and deck, construct an addition in a bulkhead, remove a 37 00:10:27.279 --> 00:10:44.720 portion of the existing rip wrap wall, and install mitigation restoration plantings. Alyssa, >> the applicant has requested a continuence until August 5th. At the request of the applicant to continue the hearing until August 5th and second got a motion, a second to 38 00:10:44.720 --> 00:11:02.079 continue this hearing until August 5th. Any questions? Hearing and seeing none, I will call the role again. >> Walsh, >> Ronnie, >> Bman, I, >> Mike, >> Becker, Lee, I, >> Ron, >> Dave, >> Tai, 39 00:11:02.079 --> 00:11:17.680 >> and Duffy. I motion passes to continue this hearing until August 5th. Next we have a continued request for hearing under a notice of intent. Joshua B. Bernstein trustee 282 Quisit AB block 2 Fmouth Mass permission to construct a 40 00:11:17.680 --> 00:11:34.720 single family dwelling with deck and patio all install title five sewage disposal system and install mitigation plantings. Melissa >> the applicant has requested a continuence until August 5th. At >> the request of the applicant to continue the hearing until August 5th. Driscoll 41 00:11:34.720 --> 00:11:51.600 >> Bman second. >> Got a motion a second to continue this hearing until August 5th. Any questions? >> Any reason Alyssa for the continuence? >> Yes, they're still waiting on the state comments. There was a delay. Um they have made the plan changes that we needed. Um I'm also just waiting for the 42 00:11:51.600 --> 00:12:07.839 BBW data sheets. So very minor. >> Okay. Thank you. >> All right. Any other questions? Hearing and seeing none, I'll call the role again. >> All shot. >> Ronnie, >> I >> Mike 43 00:12:07.839 --> 00:12:24.480 >> Beverly I >> Ron >> Chris I >> Dave >> Hi >> and Duffy. Motion passes to continue this hearing until August 5th. There's a theme. >> Next August 5th. Yeah. Amanda Hunt, 2022 44 00:12:24.480 --> 00:12:38.800 Edgewater Drive West, Felmouth, Mass for permission to construct additions, reconstructed deck, install new Title 5 sewage disposal system, and install mitigation plantings. Alyssa, >> yes, I promoted Jake Fricky of Capen Islands to present his continued 45 00:12:38.800 --> 00:12:57.360 project. Hi Jake. >> Good evening. Uh, for the record, my name is Jake Fricky. I'm professional land surveyor with Cape Islands Engineering representing the home run for this project on Edward Drive. As you indicated, Bill, this is continued hearing proposed of intent application 46 00:12:57.360 --> 00:13:37.440 uh for some reconstruction. With your permission, I would like to share my screen. >> Floor is yours, J. All right, you should be able to see my screen. >> Can. >> Excellent. 47 00:13:37.440 --> 00:13:54.480 Uh, as indicated, this is continued uh notice of intent application. And so I will try to minimize uh the overrunning of the information on this. Uh the surrounding resources for this property include land subject coastal 48 00:13:54.480 --> 00:14:09.920 storm flowage. We have a couple of different flood zones uh banded across the lot. There's a coastal bank which runs uh across the center of the lot just to the west of the shed. And 49 00:14:09.920 --> 00:14:26.399 there's a salt marsh and a BBW down by the pond. And then of course we've got land under the ocean in Eel Pond itself. This project is proposed on a developed parcel on the westerly side of Edgewater Drive which is in the Sea Coast Shores neighborhood. There's an existing five- 50 00:14:26.399 --> 00:14:41.760 bedroomedroom house on the lot which is serviced by a susp which is in the backyard just to the west of our proposed pump chamber. The proposed project includes residential in additions resulting in a 51 00:14:41.760 --> 00:14:57.760 still a five- bedroomedroom single family residence which is so it's not an increase in flow over the existing dwelling. We have adjusted the rear deck in uh in this area for staff comments and then actually reduced the whole edge 52 00:14:57.760 --> 00:15:16.399 somewhat uh to make sure that we were the same distance from that coastal bank running through the middle of the lot as the existing set of stairs coming off of the deck. Uh we also in the course of that relocated the septic tank and 53 00:15:16.399 --> 00:15:32.639 leeching field as close to the deck as prudent to maximize the separation from the resource areas. uh based on the reductions of the deck and uh and such as that, the mitigation 54 00:15:32.639 --> 00:15:48.480 area, the required mitigation area was recalculated and we also relocated the mitigation area to the south side of the lot within a existing lawn area and then within a portion of the property which is now covered by a very dilapidated 55 00:15:48.480 --> 00:16:04.480 shed. this uh mitigation area is separated from the existing area of vegetation to the southwest. That area of vegetation is heavily invaded with uh non-natives. And we wanted to be able to 56 00:16:04.480 --> 00:16:22.079 provide a mo strip so that we could do the due diligence of keeping this mitigation clear of invasives. And the only way to do that in this case is to provide a little bit of separation so that you can actually mow between. Otherwise, I think this would be a very difficult battle to fight. 57 00:16:22.079 --> 00:16:38.800 Uh there were some staff remaining staff comments. Um there is a PVC pipe that I think is probably still in the backyard. Uh we are happy to remove that of course if it hasn't already been removed. And we did adjust the limit of work along 58 00:16:38.800 --> 00:16:56.000 the northerly property line and noted that there there's two trees along that edge which are to be protected. Um, we did uh see the note earlier today in staff comments that you would like the spacing on the plantings to be three or four feet instead of three. We're happy 59 00:16:56.000 --> 00:17:13.799 to make that change and can get you a revised plan by the end of this week. We believe these changes to the project meet the performance standards uh of the local bylaw and request an order of conditions be issued by this point. I'll take any questions if you want. 60 00:17:15.360 --> 00:17:33.039 Thank you, Jake. Uh, Fallon, >> uh, thank you. Looks great, Jake. Thank you for the changes that you made. Uh, and the only comment I have is that I emailed all of you earlier. I did speak to the homeowner this morning uh, and 61 00:17:33.039 --> 00:17:50.559 got confirmation that she is all set and okay with the new mitigation location. So on that note, I have no further comments. Thank you. >> Thank you. Fall and Alyssa, anything to add? >> Not at this time. Thank you. 62 00:17:50.559 --> 00:18:05.679 >> All right. Well, I will open up for staff comments. Dan, >> nothing to No, no questions at this time. >> Thank you. And Ronnie, >> no questions. >> Ron, >> if the staff's happy, I'm happy. No 63 00:18:05.679 --> 00:18:21.520 questions. Thank you, >> Dave. [clears throat] I'm all set. Thanks. >> Uh Jake looks good. The staff is good. I'm good as well. So, >> all right. Make a motion to close the hearing and take it under advisement. Driscoll >> second. 64 00:18:21.520 --> 00:18:37.440 >> Got a motion and a second to close the hearing and take it under advisement. Um any questions? I see none. Alyssa, anything in the public chat? >> Nothing in the public chat and no hands raised. >> All righty then. So we have a motion and 65 00:18:37.440 --> 00:18:53.600 a second. No questions from the public either. So I will call the roll. Dan >> allshy. >> Ronnie, >> Ron, >> Driscoll, >> Dave, >> can I >> and Duffy? I motion passes to close the 66 00:18:53.600 --> 00:19:10.080 hearing and take another advisement. Thanks Jake. >> Absolutely. Thank you all. >> Thank you all so much. >> And good luck with your land speed record on shortest uh hearing yet. Pretty close. >> Pretty good. 67 00:19:10.080 --> 00:19:24.480 >> We're being kind to Mike in this first meeting. [sighs and gasps] >> All righty. Uh, so for other business, um, we need to vote for a vice chairman of the commission. 68 00:19:24.480 --> 00:19:41.200 >> We need a motion. >> We could take a motion to nominate someone. >> All right. Make a move to nominate Dan Walsh as vice chairman of the of the conservation commission. effective tonight or does it have to go before the select board? >> No, >> I don't I don't think it has to go. 69 00:19:41.200 --> 00:19:57.679 >> Effective upon vote. Driscoll and second. >> We got a motion and a second. >> There we go. Thank you guys. >> Dan for vice commission. >> Does accept. >> Oh yeah, I accept. Absolutely. Yeah. >> Okay. >> Just double checking. 70 00:19:57.679 --> 00:20:14.880 >> Oh, I'm going to start the role with Dan. >> I don't think I vote on myself. >> Why not? We won't tell anyone. All politicians do that. They they come out of the [laughter] >> Walsh. I >> Mike, >> you can vote on this. 71 00:20:14.880 --> 00:20:30.640 >> Beckerly I >> Ron >> I >> Dave >> Tai >> and Duffy I. Congratulations Dan. Congratulations. >> Congrats. You're here. >> And you're not here next week, right? >> And I'm not here next week. So you will 72 00:20:30.640 --> 00:20:46.000 your next meeting will be you're just going to be thrown in. So, >> there we go. >> Dan, I'll make a note. We'll send you an email tomorrow with some notes. >> Thank you. >> Yeah. And if you have any questions, Dan, feel free to reach out. >> Uh, we'll stumble through it somehow. 73 00:20:46.000 --> 00:21:02.880 >> Yeah, it's basically Ron, you know, just, you know, Rick rolling in like Ron and Dave because I can't stop talking. Other than that, [laughter] >> there you go, Frank. >> Oh, god. >> Who wants to make the final motion meetings? >> Yeah. So, um, I will accept the final 74 00:21:02.880 --> 00:21:18.159 motion. >> Someone making, not me. Someone else making. >> I'll make a motion to close. >> Second. Walsh. >> So, we got a motion and a second to close the hearing. No questions. Dan, 75 00:21:18.159 --> 00:21:35.960 >> Walsh, I >> Ronnie, >> I. >> Mike, >> I >> Roni, >> Dave, >> Tai, >> and Duffy. I motion included succeeds. Thank you guys for your time. >> 20 minutes 20 minutes.