03/21/2024 CONSERVATION COMMISSION Minutes

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Motion: Mr. Cook motions for the continuation of 275 Quinaquisset Avenue on May 23, 2024 at 6:30 pm which was seconded by Ms. Godfrey. No discussion from commissioners Roll Call: Mr. Cook (Yes), Ms. Copeland (Yes), Ms. Godfrey (Yes) Mr. Colombo (Yes) Motion passes: Unanimous 6:48 NOI 43-3265 17 Monomoscoy Road West, Biria D. and Elaina C. St. John, Trustees, Biria S. John Trust. Proposed raze and replace an existing single family dwelling, I/A septic upgrade, attached garage, landscaping, hardscaping, and mitigation plantings. Rep: Falmouth Engineering Inc, Yarmouthport Design Group. (Cont. 1/25, 3/7) The hearing begins with Attorney Brian Wall, reminding the commissioners of the last in house hearing discussion of Mr. Cook’s previous question regarding whether or not they will be asking for a waiver regarding Regulation 25. At the prior meeting an opinion was given however, since then a written submission has been sent in with greater detail of his interpretation regarding Regulation 25. Attorney Wall paraphrases 2 “factual statements” found in Regulation 25 as followed: waves 2-3 feet high as in too small for a V zone but still capable of causing structural damage or erosion will occur in the base flood condition in many coastal A zones. His interpretation of this statement is that: even though it’s in a flood zone it’s not a velocity zone in some places where waves can reach between 2 to 3 feet in height. The second: because significant proportion of wave energy during a storm event reflects off a vertical wall erosion can occur “vertical walls are thus prohibited” relates to the prior statement regarding the 2-3 foot waves. In addition, other walls are permitted upon clear showing those walls are properly designed to not exasperate erosion. He feels this is not a categorical prohibition there are places where vertical walls can be permitted in an A zone. Attorney Wall hands out a printed copy of the FEMA map for the property whiles referencing the FEMA definition of an AE Zone and that there are 2 different types. One type is coastal A zone a place called a limit of moderate wave action where there can be wave heights of 1.5 to 3 feet. According to Attorney Wall’s FEMA flood map the property is located between a minimal wave action area and coastal A zone area. The symbols on the map further indicates wave action is seaward, therefore, the location of the project is not located in a coastal A zone but in an AE zone of minimal wave action. Mr. Borselli the representative from Falmouth Engineering, Inc presented an itemized list of revisions. 1) Buffer zone is now 75’ and a 150’ distance from the wetland resources. 2) Regarding the ACEC plan an adjusted boundary line has been made to the edge of wetland vegetation. 3) Reduced the size of the structure from north to south so that natural vegetation will not be disturbed. 4) Attempted a design change to the plan to eliminate the vertical wall which resulted in a slope of landscaping area facing Hamblin Pond instead of the wall. 5) The driveway location has been moved to not disturb the natural vegetation. 6) The leaching field for Title V has been shifted further to the east where the leaching component is located more than 150’ from the closest wetland resource resulting in not needing the removal of trees.7) The addition of a backup generator which will be placed on an elevated platform. 8) Mitigate plantings and enhancement of unvegitative buffers to wetland adding woody shrubs native to the area which will further mitigate against wave action. 9) His own analysis regarding wave heights of 2-3 feet and located a potential wave generation across Hamblin Pond to the west towards the town of Falmouth as dwelling faces this direction. His conclusion, is limited distance across the fetch where wind would have to come from a specific direction (northwest) which is an uncommon direction for storms and based on those modeled on the FEMA maps. There are a number of natural features which are specifically referenced in the Wetlands Protection Act and includes the element of coastal dunes which are located on the west side of the dwelling. Mr. Borselli references the MA Wetland Regulations 310CMR10.25 explaining coastal dunes ability to protect inland from flooding caused by storms and storm waves. In addition, broad saltmarsh is located between the dwelling and the water’s edge of Hamblin Pond and MA Wetland Regulations 310CMR10.32 references saltmarshes provide a buffer that reduces wave damage and dampens the effect and will dissipate wave energy. Additional barriers included island features in Hamblin Pond thus making the vertical wall prohibition not applicable.