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Conservation commission continues enforcement hearings and directs filings; enforcement order to be drafted for Barnes
Summary
The commission heard after‑the‑fact work and corrective plans for multiple properties, continued the Aveni notice of intent to March 25 for revisions, closed the Barnes hearing and directed staff to draft an enforcement order requiring a Notice of Intent, and took the Connolly redevelopment matter under advisement.
The Falmouth Conservation Commission on Feb. 17 reviewed several enforcement and after‑the‑fact permitting matters and set clear next steps: applicants must file detailed notices of intent or return with revised plans, and staff will prepare an enforcement order for one property.
Mike Borselli (identified in the record as representing applicants through Falmouth Engineering) presented plans for Anthony Aveni's property at 42 Squibnocket Drive, which was the subject of an enforcement order for unpermitted work. Borselli said the submitted notice of intent proposes demolition of unauthorized patio and wall sections and reconstruction within permitted footprints, with mitigation calculated at roughly "900 square feet" under the commission's 3:1 ratio. He asked for a continuance to March 25 to complete punch‑list items and submit a revised plan; commissioners and staff agreed and the continuance passed.
At 38 Squibnocket Drive, owner David Barnes disputed some staff observations but the commission noted that patios and walls had moved seaward of the present primary structure — a violation of the local regulations — and said fills must be removed. Staff told Barnes the commission will issue an enforcement order directing him to file an NOI with corrective work proposals; commissioners advised him to retain an engineer to prepare the NOI. The commission closed the hearing and directed staff to draft an enforcement order for consideration at a future meeting.
Separately, the commission received a redevelopment filing for 274 Edgewater Drive East (the Connolly property). Staff and the applicant's engineer presented a plan intended to return impervious area in the most regulated A‑zone to close to the prior baseline; commissioners voted to close the hearing and take the matter under advisement for later action.
The commission repeatedly emphasized process: enforcement matters will be handled through a formal enforcement order and the subsequent Notice of Intent process, which allows applicants to present technical information and proposed corrective measures for commission consideration.
