← Falmouth Select Board

Falmouth Select Board · 2023–2024 Board · Regular meeting

May 20, 2024

21 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Nancy Taylor, Scott Zylinski, Doug Brown, Onjalé Scott Price, Robert Mascali

Absent: None

Every vote, in order

Appoint applicant Ocean Eversley to serve on the Cultural Council to fill a term ending on June 30, 2027

Minutes, page 2

AppointPassed · Unanimous, 5 present

To appoint applicant Ocean Eversley to serve on the Cultural Council to fill a term ending on June 30, 2027

From the minutes

“Motion by Ms. Scott Price: To appoint applicant Ocean Eversley to serve on the Cultural Council to fill a term ending on June 30, 2027 Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 2 (PDF)

Vote to authorize the Select Board to approve a Letter of Commitment for the submittal of a Department of Energy Grant f

Authorize the Select Board to approve a Letter of Commitment for the submittal of a Department of Energy Grant for the Marina aquaculture expansion and renewable energy project

Minutes, page 2

ApprovePassed · Unanimous, 5 present

So moved

From the minutes

“Motion by Ms. Scott Price: So moved Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 2 (PDF)

Public Session - April 22, 2024

Approve the minutes of public session of April 22, 2024

Minutes, page 2

ProceduralPassed · Unanimous, 5 present

To approve the minutes of public session of April 22, 2024

From the minutes

“Motion by Ms. Scott Price: To approve the minutes of public session of April 22, 2024 Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 2 (PDF)

Accept the applicant's request to withdraw without prejudice the liquor license application

Minutes, page 3

ApprovePassed · Unanimous, 5 present

To accept the applicant's request to withdraw without prejudice the liquor license application

From the minutes

“Motion by Mr. Brown: To accept the applicant's request to withdraw without prejudice the liquor license application Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Brown, second: Zylinski)

Read it in the official minutes, page 3 (PDF)

Public Session - April 22, 2024

Minutes, page 4

ApprovePassed · Unanimous, 5 present

So moved

From the minutes

“Motion by Mr. Zylinski: So moved Second: Mr. Mascali Vote: Yes - 5 No - 0.” (Motion: Zylinski, second: Mascali)

Read it in the official minutes, page 4 (PDF)

Approve as requested, including Mr. Mascali's suggestion to start at noon on weekends. (Mr. Zylinski clarified that the condition to turn the speakers in and maintain the amplification to just...

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To approve as requested, including Mr. Mascali's suggestion to start at noon on weekends. (Mr. Zylinski clarified that the condition to turn the speakers in and maintain the amplification to just Monday night would be part of the Board's decision. Chair Taylor said that would be in the Board's decision. Mr. Brown re-iterated his motion was to approve with the condition that Mr. Mascali had added.)

From the minutes

“Motion by Mr. Brown: To approve as requested, including Mr. Mascali's suggestion to start at noon on weekends. (Mr. Zylinski clarified that the condition to turn the speakers in and maintain the amplification to just Monday night would be part of the Board's decision. Chair Taylor said that would be in the Board's decision. Mr. Brown re-iterated his motion was to approve with the condition that Mr. Mascali had added.) Second: Mr. Mascali Vote: Yes - 5 No - 0.” (Motion: Brown, second: Mascali)

Read it in the official minutes, page 4 (PDF)

Close the hearing

Minutes, page 4

ProceduralPassed · Unanimous, 5 present

To close the hearing

From the minutes

“Motion by Mr. Zylinski: To close the hearing Second: Mr. Mascali Vote: Yes - 5 No - 0.” (Motion: Zylinski, second: Mascali)

Read it in the official minutes, page 4 (PDF)

Approve the application filed by Bad Martha's Farmer's Brewery, LLC using the existing administrative process for an alteration of premises to its Farmer-Brewery Pouring License at 876 East...

Minutes, page 4

ApprovePassed · Unanimous, 5 present

To approve the application filed by Bad Martha's Farmer's Brewery, LLC using the existing administrative process for an alteration of premises to its Farmer-Brewery Pouring License at 876 East Falmouth Highway, East Falmouth for the additional outdoor seating until April 1, 2025

From the minutes

“Motion by Mr. Zylinski: To approve the application filed by Bad Martha's Farmer's Brewery, LLC using the existing administrative process for an alteration of premises to its Farmer-Brewery Pouring License at 876 East Falmouth Highway, East Falmouth for the additional outdoor seating until April 1, 2025 Second: Ms. Scott Price Vote: Yes - 5 No - 0.” (Motion: Zylinski, second: Price)

Read it in the official minutes, page 4 (PDF)

So moved

Minutes, page 5

ApprovePassed · Unanimous, 5 present

So moved

From the minutes

“Motion by Mr. Zylinski: So moved Second: Ms. Scott Price Vote: Yes - 5 No - 0.” (Motion: Zylinski, second: Price)

Read it in the official minutes, page 5 (PDF)

Approve the application for a Sunday Entertainment License - Shipwrecked - Beachfest - Shipwrecked/Heights Hotel parking lot, 263 Grand Avenue, Falmouth, Sunday, 6/9/2024 from noon to 5:00 p.m

Minutes, page 5

ApprovePassed · Unanimous, 5 present

To approve the application for a Sunday Entertainment License - Shipwrecked - Beachfest - Shipwrecked/Heights Hotel parking lot, 263 Grand Avenue, Falmouth, Sunday, 6/9/2024 from noon to 5:00 p.m.

From the minutes

“Motion by Ms. Scott Price: To approve the application for a Sunday Entertainment License - Shipwrecked - Beachfest - Shipwrecked/Heights Hotel parking lot, 263 Grand Avenue, Falmouth, Sunday, 6/9/2024 from noon to 5:00 p.m. Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 5 (PDF)

Direct the Town Manager, upon the recommendation from the Department of Public Works, to begin planning for reasonable care maintenance repair work along Great Bay Steet as determined by the...

Minutes, page 6

ApprovePassed · Unanimous, 5 present

To direct the Town Manager, upon the recommendation from the Department of Public Works, to begin planning for reasonable care maintenance repair work along Great Bay Steet as determined by the Directoe of Public Works such as stormwater drainage control and tree maintenance work, and to further research the implementation of aquaculture in Great Pond to reduce erosion due to wave action

From the minutes

“Motion by Ms. Scott Price: To direct the Town Manager, upon the recommendation from the Department of Public Works, to begin planning for reasonable care maintenance repair work along Great Bay Steet as determined by the Directoe of Public Works such as stormwater drainage control and tree maintenance work, and to further research the implementation of aquaculture in Great Pond to reduce erosion due to wave action Second: Mr. Zylinski (later be withdrawn) Mr. Brown said he does not oppose the motion but also sees a need to address certain areas of the street that pose hazards, such as between Hiawatha and. Providence. He hoped a temporary solution could be put in place for the summer. Mr. Mascali said he would like to pursue the feasibility study. Mr. Brown suggested a limited scope feasibility study, but Ms. Scott Price said if that is the direction the Board chooses, a feasibility study should be done for the whole thing. Mr. Mascali said he agrees that an immediate remedy is necessary due to the dangers of certain portions of the street, but he also would like the feasibility study to determine what the town needs to do. Mr Renshaw said that if the Board is considering even a scaled down version of the feasibility study focusing on targeted areas, that it be an article at November Town Meeting. Meanwhile, he said the Town could be doing the reasonable care maintenance. Mr. Mascali said that he would like to leave open the possibility of a full-scale assessment. Mr. Brown said he is trying to think of creative ways to expedite some repairs Mr. Zylinski said he wished to withdraw his second to the motion. He said this is precedent-setting in a coastal community. He said we are talking about a private road on the water's edge that abuts Town property. Mr. Brown questioned whether it is still even a road. He said he is concerned about managing the coast and keeping it safe. Mr. McConarty said portions that have been closed off have grown in, making vehicular travel questionable. He suggested, if it's even possible, to abandon that portion and continue with the assessment and improvements on the bank. He said minimal sections (used by delivery trucks, for example) would have to remain open for use, but it's minimal. Public comment: Frank Laquidara - has owned on Maravista Ave. since '62 and grew up on Great Pond - thanked those who have visited the site - said bank is in crisis mode due mostly to northeast wind - said trees will fall into Great Pond - said the Town just leaves them there - said the real issue is the bank itself and that it needs to be enforced - highlighted the danger of walking along the street and falling off the cliff-like edge - said people are concerned about property values due to extreme erosion - said soft mitigation does not work, that the sand just goes away - agrees that there has to be an immediate response to ward off injury - repeated that it's the wind. Delores Forances, 195 Great Bay St. between Hiawatha and Providence - thanked Mr. Brown who toured the site - said she regularly chases children away from the site - said there will be a tragedy - said the area is too low and to put vegetation would be a waste of money. Paul Henrickson - said any hard surface you put in will create more problems farther down the bay - said the soft way is Mother Nature's way - said riprap and impoundments mean that people will lose the beach. At this point, Ms. Scott Price sought and received clarification from Mr. Renshaw that the recommended motion does include immediate action. He said the immediate action would be the reasonable care maintenance. Mr. Brown asked if it could include safety measures. Chair Taylor suggested that the resolution should be between Mr. Renshaw and Mr. McConarty. Mr. Renshaw said the request was to direct him to proceed with the reasonable care maintenance. Mr. Brown asked if that would include safety measures such as fencing and filling holes. Mr. Renshaw said that some measures had been already done, but more measures could be looked at in the interest of public safety. Public comment: Robert O'Brien, Precinct 3 - lives on Great Bay St. - has credentials (bachelor's in soil science, a master's degree, past president of MA highways assn., DPW director) that give him knowledge in this area - said he appreciates the response of the Town to this issue - said there was a vote in 1947 to take the road from the Lefevres - said this is a unique situation - said this is hazardous to the public - said immediate emergency action is needed to take the onus off the Town and others for liability - said he heard many good recommendations tonight - said he supported the study. Carol O'Brien, Bourne St. - send some comment earlier via email - said public safety is the #1 criterion - once you see it, you will agree it's urgent - said it's important to serve all areas of Town equitably - said there are coastal zone management grants specifically for this and the Town is an eligible grantee - thanked the Town for addressing this - said she fears there will be a serious injury. Mark DeBiasi, 430 Davisville Rd. - full time resident since 1987 - said he has seen the changes - said he's glad the tree warden has been out to see the property - said he's been an arborist for many years and knows the dangers that are out there - said a major hurricane would be major trouble and we need to look at reality. Mr. Brown reiterated his support for the motion on the table and suggested taking up the matter of the feasibility study in a second vote. Chair Taylor reiterated that Mr. Zylinski had withdrawn his second to the motion. Second: Mr. Mascali Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 6 (PDF)

Give the Town Manager the discretion to move forward with the outline of a feasibility study and prepare for Town Meeting in November

Minutes, page 7

ApprovePassed · Unanimous, 5 present

To give the Town Manager the discretion to move forward with the outline of a feasibility study and prepare for Town Meeting in November

From the minutes

“Motion by Mr. Brown: To give the Town Manager the discretion to move forward with the outline of a feasibility study and prepare for Town Meeting in November Second: Ms. Scott Price Vote: Yes - 5 No - 0.” (Motion: Brown, second: Price)

Read it in the official minutes, page 7 (PDF)

I move that the Board, acting as Trustees of the Falmouth Affordable Housing Fund, grant $100,000 to Falmouth Housing Trust for the acquisition of land located at 419 Waquoit Highway (Lot 1) to...

Minutes, page 9

ApprovePassed · Unanimous, 5 present

I move that the Board, acting as Trustees of the Falmouth Affordable Housing Fund, grant $100,000 to Falmouth Housing Trust for the acquisition of land located at 419 Waquoit Highway (Lot 1) to construct 4-6 homes for homeownership, that will be deed restricted at area median incomes varying from 80% to 120% and authorize the Town Manager to execute a commitment letter and grant agreement setting forth the terms of the financial award to the Falmouth Housing Trust.

From the minutes

“Motion by Ms. Scott Price: I move that the Board, acting as Trustees of the Falmouth Affordable Housing Fund, grant $100,000 to Falmouth Housing Trust for the acquisition of land located at 419 Waquoit Highway (Lot 1) to construct 4-6 homes for homeownership, that will be deed restricted at area median incomes varying from 80% to 120% and authorize the Town Manager to execute a commitment letter and grant agreement setting forth the terms of the financial award to the Falmouth Housing Trust. Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 9 (PDF)

Approve the amended Memorandum of Understanding with Eversource to change the construction start date associated with installing electric cable under the Shining Sea Bikeway from November 1, 2024,...

Minutes, page 9

ApprovePassed · Unanimous, 5 present

To approve the amended Memorandum of Understanding with Eversource to change the construction start date associated with installing electric cable under the Shining Sea Bikeway from November 1, 2024, to October 15, 2024

From the minutes

“Motion by Ms. Scott Price: To approve the amended Memorandum of Understanding with Eversource to change the construction start date associated with installing electric cable under the Shining Sea Bikeway from November 1, 2024, to October 15, 2024 Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 9 (PDF)

Uphold the recommendation of the Special Events Working Group and the decision to place the below conditions on the. approved Special Event Permit for On the Water, LLC's Striper Fest event on...

Minutes, page 10

ApprovePassed · 4–1

To uphold the recommendation of the Special Events Working Group and the decision to place the below conditions on the. approved Special Event Permit for On the Water, LLC's Striper Fest event on September 28, 2024: 1) no placement of tent in parking lot area of Marina Park; 2) work with the parks superintendent Jeremiah Pearson, with regard to a rain plan for the grass at Marina Park

Yes: Brown, Price, Taylor, ZylinskiNo: Mascali

From the minutes

“Motion by Mr. Brown: To uphold the recommendation of the Special Events Working Group and the decision to place the below conditions on the. approved Special Event Permit for On the Water, LLC's Striper Fest event on September 28, 2024: 1) no placement of tent in parking lot area of Marina Park; 2) work with the parks superintendent Jeremiah Pearson, with regard to a rain plan for the grass at Marina Park Second: Mr. Zylinski Vote: Yes - 4 No - 1 (Mr. Mascali).” (Motion: Brown, second: Zylinski)

Read it in the official minutes, page 10 (PDF)

Approve the request for variance to Sign Code 184-26: Illumination - Cape Cod Church, 1205 Nathan Ellis Highway, East Falmouth, and the permitting of the internally illuminated sign

Minutes, page 10

ApprovePassed · Unanimous, 5 present

To approve the request for variance to Sign Code 184-26: Illumination - Cape Cod Church, 1205 Nathan Ellis Highway, East Falmouth, and the permitting of the internally illuminated sign

From the minutes

“Motion by Ms. Scott Price: To approve the request for variance to Sign Code 184-26: Illumination - Cape Cod Church, 1205 Nathan Ellis Highway, East Falmouth, and the permitting of the internally illuminated sign Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 10 (PDF)

Approve the application for a Change of Manager of an all-alcoholic beverages restaurant license filed by Town Hall Partners

Minutes, page 11

ApprovePassed · Unanimous, 5 present

To approve the application for a Change of Manager of an all-alcoholic beverages restaurant license filed by Town Hall Partners. LLC doing business as Timber, as presented

From the minutes

“Motion by Ms. Scott Price: To approve the application for a Change of Manager of an all-alcoholic beverages restaurant license filed by Town Hall Partners. LLC doing business as Timber, as presented Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Price, second: Zylinski)

Read it in the official minutes, page 11 (PDF)

Authorize the Town Manager to execute the inter-municipal agreement and scope of work with the Massachusetts Alternative Septic System Test Center as presented

Minutes, page 11

ApprovePassed · Unanimous, 5 present

To authorize the Town Manager to execute the inter-municipal agreement and scope of work with the Massachusetts Alternative Septic System Test Center as presented

From the minutes

“Motion by Mr. Brown: To authorize the Town Manager to execute the inter-municipal agreement and scope of work with the Massachusetts Alternative Septic System Test Center as presented Second: Mr. Mascali Vote: Yes - 5 No - 0.” (Motion: Brown, second: Mascali)

Read it in the official minutes, page 11 (PDF)

Designate Bob Mascali to seek input on the request to name the Overlook on the Coonamessett River for Betsy Gladfelter

Minutes, page 11

ApprovePassed · Unanimous, 5 present

To designate Bob Mascali to seek input on the request to name the Overlook on the Coonamessett River for Betsy Gladfelter

From the minutes

“Motion by Chair Taylor: To designate Bob Mascali to seek input on the request to name the Overlook on the Coonamessett River for Betsy Gladfelter Second: Ms. Scott Price Mr. Mascali said he was honored to take this task on. Vote: Yes - 5 No - 0.” (Motion: Taylor, second: Price)

Read it in the official minutes, page 11 (PDF)

Adopt the Town of Falmouth Core Values, Mission, and Vision Statements with one amendment - change the word efficient in the Mission Statement phrase "…provide impeccable and efficient customer...

Minutes, page 12

ApprovePassed · Unanimous, 5 present

To adopt the Town of Falmouth Core Values, Mission, and Vision Statements with one amendment - change the word efficient in the Mission Statement phrase "…provide impeccable and efficient customer service…" to effective, to then read "…provide impeccable and effective customer service…"

From the minutes

“Motion by Mr. Brown: To adopt the Town of Falmouth Core Values, Mission, and Vision Statements with one amendment - change the word efficient in the Mission Statement phrase "…provide impeccable and efficient customer service…" to effective, to then read "…provide impeccable and effective customer service…" Second: Mr. Zylinski Vote: Yes - 5 No - 0.” (Motion: Brown, second: Zylinski)

Read it in the official minutes, page 12 (PDF)

Adjourn

Minutes, page 12

ProceduralPassed · Unanimous, 5 present

To adjourn

From the minutes

“Motion by Mr. Zylinski: To adjourn Second: Ms. Scott Price Vote: Yes - 5 No - 0.” (Motion: Zylinski, second: Price)

Read it in the official minutes, page 12 (PDF)

From the Falmouth Select Board’s official minutes, posted on the town’s Agenda and Meeting Management portal (CivicClerk), linked from the Select Board page. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: The Falmouth Enterprise (capenews.net), by Gene M. Marchand and Devin Ankeney, and an Enterprise campaign photo of Heather Goldstone.

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