Heat. Heat. [music] [music] [music] >> [music] >> Good morning. Welcome to the uh Monday, December 29 meeting of the Falmouth Conservation Commission, which is being broadcast by Zoom and I presume uh also
broadcast on FCTV. So, be mindful of what you are saying and what's on your background. Um so uh the first order of business is to vote minutes from November the 12th,
2025. >> Mr. Chairman, I vote approval of the minutes. I've reviewed them and I find them to be comprehensive. >> Fiscal seconds. >> Okay, we have a motion and a second to adopt the minutes of the uh from the
meeting of November 12th, 2025. I'll call the role. Ron Driscoll. >> Driscoll. I >> uh Jim McGrath >> McGrath I. >> David Kent. >> Kent I. >> Uh Bill Duffy.
>> Duffy. I >> Steve Patton. >> Patton I. >> Okay. The motion is adopted. >> We got Ronnie behind me. Bowman. I >> Hi Ron. And yes Ron Driscoll.
I >> already said I. Okay. So, next >> say I >> Okay. So, the the minutes from the meeting of November 12th are adopted. Next on the agenda is to order vote
orders of conditions. First up is Peter and Jennifer Heron uh 436 Acapescet Road, Falmouth, Mass. >> So, that's the bulkhead replacement. Um that's oddly in front of the salt marsh.
Um you do need a time of year restriction on this from uh Division of Marine Fisheries. Um they're putting the um bulkhead in front of the old one and then Alyssa, they removing the old one
or are they leaving it? I can't remember. >> They're going to leave it and fill the same. >> I think they're leaving it. Yeah, [clears throat] >> they're leaving it. And >> we'll need a boom placed and a pre-construction. Anything else you guys want to see in there? >> I'd just like to check the progress of
the salt marsh once they put it in. >> Okay, we can do that. We can have a monitoring report on the salt marsh. See if it damages it at all. It shouldn't because the water should be the same because they're it's not it's open on either side. But we could put some monitoring in for the salt marsh. Yeah,
it's only open on one side and it should stop the water from coming directly through the holes. So, >> okay. >> Okay. >> There any other comments on the u on this vote on this? >> Okay. Uh hearing that, I'll ask for a
motion. >> Move to issue an order of conditions as discussed. Driscoll >> and second. >> Okay. We have a motion and a second uh to adopt the order of conditions as discussed. So, I'll this this time I'll
call a roll and I'll start with uh with with you Ron Bowman. >> Bowman. I >> Okay. Dris Driscoll. >> Ron Driscoll. >> And Jim McGrath I >> David Kent >> Pente.
>> Bill Duffy >> Duffy I >> and Steve Patton >> Patton I. >> Okay. The motion of the order of conditions on her is adopted. Next up, Marissa Weiss and David Freriedman, 26
Buzzards Bay Avenue, Falmouth, Mass. Jen. Uh yes, this is the this addition a little mitigation. Um there was after we had gone out there, they did additional work, so they
had to find more mitigation. Uh we met out there with Jake from Capen Islands and came up with a game plan where they're going to remove some overgrown arborites
and then replant with some lower shrubs so the mitigation will get shaded out. Um there was an area down below that was an old violation. Um, I don't know if the board wants to see
that restored right now. It's just a sea of invasives and I don't believe there's any way we could even put in a mo strip to if they did replant it or restored. I don't know how we would even put a mo strip in there. It's just all invasives. So, I don't know what the board What
would you like done with that area? If there's I think if we should um uh require them to come back, I think we can condition to come back and uh uh supplement their order and remove the invasives with that
rather than just including it. >> Okay. I mean they should come back under an amendment to um restore that bottom area. That's fine. Do we have anything else? Oh,
>> Courtney, can I can I ask some questions, Dave? >> Yeah, go ahead. >> So, Jen Jen, can you can you remind me that the area down the hill we're talking about just a second ago, thinking about conditioning it. Can you remind me of the I guess there was a previous plan and they violated the plan
or something. What's What's I forget I forget what the nexus of this is. >> Alyssa, you want to jump in? Yeah, I'm not sure if I have the date readily available. Let me just look here. When the house was being constructed in
the mid 90s, there were requirements to not go past a certain point in the backyard in the buffer zone. It appears like that was violated. >> Okay. >> Um and there were supposed to be plantings done. So, a partial COC was issued and they never came back for the
final COC because I don't believe those plantings were ever done and the site was filled in. Um, we have record of unpermitted cutting occurring there or supposedly occurring there. Um, uh, maybe 10 or so years ago. Um, and it
doesn't seem at that time it was addressed either. Um, so in sort of my research of the property, just looking at past permitting and things that did not occur, I mean, you can tell back there that it was cleared because there are no trees. There's a couple shrubs
and it's mostly invasive. Um, >> just >> so it's pretty clear this was uh [clears throat] not adhering to previous permits. That's that's generally speaking that's the that's what it appears. So, I would say I would agree with Courtney then.
>> Okay. I'll put a date certain on that as well. >> Probably give them. >> Okay. Is there anything else we want in there? >> So, >> for the date certain, do you want six
months or three months? >> U Well, the first two months I said are useless. Give them six. >> Okay. the spring, >> but I was thinking off the top of my head, six months to come back with a restoration plan. >> Yeah, that's because >> the next three months are winter.
>> So, >> all right. >> Okay. >> I move there's an order of conditions as discussed. Driscoll. >> Second, Duffy. >> Okay. We have a motion and a second to issue an order of conditions as discussed. Um, we'll start with Ron Ron
Bowman in in the office. But I >> and Ron Driscoll >> Driscoll I >> and Jim McGrath >> McGrath I >> and David Kent >> Kent >> I Bill Duffy [clears throat] >> Duffy I >> last but not least Steve Patton
>> Patton I >> Okay, we have a motion that it is accepted on that order of conditions. And next >> Courtney, did you vote? >> Uh yeah. No, I didn't. I'll vote.
>> No, you're not on the call court. Sorry. >> Uh, all right. Next is Shelley Hup to Avenue A Falmouth, Mass. Uh, Jennifer, >> uh, core fiber roll and restoration of the buffer. Um, they're going to replace
an existing fence. Uh, I think that's about it. >> Aren't they just repairing that fence? >> Oh, the repair. Yeah, they're gonna either repair or replace the existing fence. >> Y >> um but they're they're not going to
extend it because it's in velocity zone. >> Okay. Anything else we want to add in there? >> No. Conditions as discussed. Driscoll. >> Okay. We have a second. >> Okay. We have a motion and a second to
issue an order of of conditions on Shelley Hup as discussed. Um, Ron Bowman in the office. >> Bowman I. >> And Ron Driscoll >> Driscoll I. >> And Jim McGrath >> I.
>> David Kent. >> Kent I. >> Bill Duffy. >> Duffy eye. >> Steve Patton. >> Pat I. >> And Bird I. And we have a motion that's been carried. on Shelly Hop. Next, um
Farad Nani, KFN Hillside Nominee Trust, 24 Willis Lane, Falmouth, Mass. Jennifer. >> Yep. This is the big beach nourishment project out there. They were putting it right on the east side of the property. Um I think
the only thing that generated discussion I mean they're bringing the material in by barge they'll ramp down the equipment. Um there needs to be a time of year restriction because of the clovers and the only other discussion
point was that fence um that they I believe are making the panels removable. >> Right. So some of that's kind of contentious. So, anybody have some thoughts on that?
>> No, I think we left it as it's going to be a temp essentially a temporary fence, >> right? They have to take it down during the winter time and hurricanes and things like that. >> Storms. >> Storms, >> like playground equipment.
>> Any other uh conditions we want to add to that? If they do remove the fence in the summertime, they're going to have to have a monitor. So, we'll have to put that in that anytime they go and remove that fence
within April to August or whatever the time frame is, um, they'll need a monitor. >> Okay. So, we want to add that in as a condition. >> It's going to have to be. Natural Heritage will require it. >> Okay.
Anything else? I'll take a motion. >> I move to issue an order of conditions as discussed. Driscoll. >> Second. >> Okay. We have a motion and a second to issue an order of conditions. I'll start
with uh Driscoll. I'm sorry. With Ron Bowman in the office. >> Bowman I. >> And Ron Driscoll. >> Driscoll. I >> And Jim McGrath >> McGrath I. >> David Can I. >> Bill Duffy.
>> Duffy. I >> Steve Patton >> Patton I >> and bird eye. Okay, we have the order of conditions is carried. All right, next order of business is um f uh conservation commission elections, both
chair and vice chair. And I should say um currently I'm vice chair but I'm stepping down largely because um it as soon as someone comes in and is
fills uh a vacant spot in the commission and I have to step down and um I've served on this commission with the exception of one year since 2003 and it's been a good experience. I would love to get back on after I take a year
off, but I'll be 87. I'm not sure that'll happen. But in any event, if it if it does, if I can, I will. Um, and I want to say thank you. It's been an honor to serve this town. And I would
just add one >> one little bit of advice to all of you. One, this is and I've mentioned this before. This is one of the toughest commissions I think to serve on. Part of it is part
of the reason is because you're you are uh dealing with with a concept of property ownership in which a a man's property and his home is his castle.
And therefore, it's very difficult to for you to come onto a piece of property within our jurisdiction and tell somebody what to do. And sometimes you have to make some unpopular decisions. And you this is not even though Falmouth
has 35,000 full-time residents, it's still a small town and everyone here knows somebody. And so sometimes it's very hard to make decisions which are unpleasant.
But believe me, this is your responsibility. And if you make the hard decisions that are fair and follow the regulations, people will respect that. I can speak
from experience because I've had people come up to me people what I would have not in the world at least part of the world believe that would support what we took as a hard position. One of the things you have to worry
about is if you make a decision that um goes perhaps is a tough one. You ask somebody to take a wall down and spend a lot of money to restore something and you feel like you want to be sympathetic to that person because gee
whiz, that's a lot of money to fix. And if you do that, the the you've opened a can of worms. You've opened a door to everybody else coming in and say, "Well, you allowed that. Why aren't you going to allow this?" And I've seen it happen
more than once. And so you all have to be cognizant of that and it's a great commission and I know you guys will do a great job. I think uh I think this is a great commission we have right now. So on that note,
I am stepping down as um vice chair and so we need nominations from the floor for new a new chair to go forward. >> Chair, may I? >> You okay? Go ahead, Ron. >> I hereby nominate from the great from the Commonwealth of Massachusetts a
staunch defender of all natural resources, Mr. William Duffy as chair of the Felmouth Conservation Commission and Mr. Steve Patton likewise a staunch defender of all natural resources to be vice chair of the same commission. Driscoll,
>> thank you. We have a second >> second. Second. >> Okay. Um I'm not sure by law whether we have to take a separate vote for vice chair and law and uh chair but uh you have made a motion [clears throat] to um
uh uh elect both simultaneously and I think that that is appropriate. Do we have a second? I'm sorry. >> Yes, we do. Ron Bowman. >> Any seconds? Okay, we have a motion and a second to elect um Bill Duffy, chair
and Steve Patton, vice chair. Um and we'll start with Bowman in the office. >> Bowman I >> and Driscoll Driscoll I >> and Jim McGrath >> McGrath I
>> and David Kent Kent I and Bill Duffy. You got to unmute yourself, Bill. >> Good. I was just joking. I said no, but um yes, [laughter] Jeffy I >> Duffy I uh and Steve Patton.
>> Uh thank you. And yes, Patton I. >> Okay. [clears throat] So, we have a motion that and the and a new chair and a new vice chair. And you guys will do a great job. I know. Uh, and Bill, if if
uh you need me to get together with you and Jen in the office and we can review the script for these meetings, maybe that would be helpful. >> We already did that, Courtney. >> You did that? Well, there you go. Um, I was trying to think of everything that I could think of.
>> Can we have a few words from the new chairman? >> What's that? >> Can we have a few words from the new chairman? >> Speech. Speech. >> Well, thank you. I didn't think that uh joining the commission in May was gonna take me to chair and [laughter] uh the
first of the year so quick. Um I actually planned not speaking a word for the first six months to see how you guys all did this. So um I should have never opened my mouth, but I look forward to it. Um I think it should be fun. Um and
I will be relying on the considerable expertise of you all. Anyways, so thank you for your vote of confidence in this and uh um I look forward to it and I look forward to uh Steve, I might email
you every once in a while to ask your opinion and advice. >> All right, >> anytime. >> And I will say, Bill, I think you'll do a great job. >> And on that note, do we have any other business before this commission?
now officially commissioner, >> the the chair. >> What's that? >> Am I now officially the chair? >> Um, >> you'll be officially >> next time >> as of January 1st. That's when Russell's
um resignation takes effect. Basically, you get I get to make the final motion or call for the final motion >> as it should be. >> Make a motion to close the meeting. >> Ajournal second.
>> Okay, we have a motion and a second >> and I >> everybody I motion and the meeting is adjourned. Thank you very much. >> [music]