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Falmouth commission requires Notice of Intent for planting plan at 23 North Bourne Pond Road
Summary
After applicants argued native plantings in the buffer were exempt under state law, staff recommended a Notice of Intent. The commission voted unanimously to accept staff’s positive determination, meaning the applicants must file an NOI and staff will condition restoration work.
The Falmouth Conservation Commission on March 25 voted to require a formal Notice of Intent (NOI) for a proposed planting/restoration plan at 23 North Bourne Pond Road.
Attorney Brian Wall and consultant Lynn Hamlin presented an RDA seeking negative determinations that would allow approximately 605–610 square feet of native restoration plantings in the 25‑foot buffer zone. The applicants argued that planting native species in the buffer is exempt under the Massachusetts Wetlands Protection Act and generally considered a moderate or exempt activity under the town’s bylaw. Staff, represented by Jen and Alyssa, disagreed: they said additional items on the property (stump‑sprout management, a stored float on the salt marsh, dry wells and outstanding items from an older order of conditions) require the more formal NOI process so the commission can condition restoration and compliance.
After questions from commissioners and comments by the property owner Susan Carol, the commission voted to accept staff’s recommendation for a positive determination — in practice, a decision that the activity requires an NOI rather than allowing the RDA to stand alone. The chair said staff will follow up with applicant counsel and consultants about next steps.
What happens next: The applicants were directed to file a Notice of Intent with more detailed plans for restoration, any stump‑sprout management and outstanding compliance items; staff will review and recommend conditions if the NOI is accepted.
Action: the commission recorded a unanimous roll‑call vote accepting staff’s recommendation for a positive determination; no permit was issued under the RDA.
Context: the matter was heard in the regular order of agenda items and generated questions about when plantings can proceed and what elements of a site require an NOI under the Wetlands Protection Act and the Falmouth Wetlands Bylaws.
