Utility upgrades designed to restore drinking water capacity in Yarmouth moved forward Thursday as the Conservation Commission reviewed plans for seasonal PFAS treatment facilities at 451 Forest Road. Wells 10 and 11, which provide a significant portion of the town’s water supply, have been offline for an extended period due to contamination levels exceeding state and federal limits. Tyler Bernier, a project manager with Kleinfelder representing the Water Department, explained that the project aims to bring the infrastructure back online by Spring 2027 using granular activated carbon absorption units.

The objective of this project is to return those wells to active service by installing granular activated carbon absorption units, Bernier told the Commission, noting that water from both wells will be blended before entering the existing corrosion control facility. Chair David Bernstein emphasized the need for ecological sensitivity at the site, which sits within the riverfront area of Plash’s Brook. As I recall, we visit that site and you're going to be putting in native plantings on the rather than some of the things you had proposed, Bernstein noted. Bernier confirmed the department would pivot from traditional lawn to a native seed mix or woodland ground cover. Member Patricia Mulhearn questioned the long-term maintenance of the system, asking, Is there a lifespan to the carbon capture system and any like follow-up maintenance that would be? Bernier clarified the treatment media would likely require replacement every 18 to 24 months of operation. Motion Made by [Member] to accept the tree clearing needed for the treatment area and stormwater basin and restore the disturbed area with native woodland ground cover. Motion Passed (Unanimous).

The Commission also addressed an environmental emergency following a recent nor'easter. A utility pole near 36 Fallen’s Pond Road collapsed during the storm, spilling approximately 27 gallons of non-PCB transformer oil onto the roadway and into storm drains. Matt from Tighe & Bond reported that while some oil migrated toward Fallen’s Pond, containment booms and absorbent materials successfully prevented a significant impact on the water. We responded that morning with Clean Harbors Environmental Services... there was minimal sheening identified... no free product on surface water identified, he said. Conservation Agent Britney noted that while soil was excavated with the commission's permission, the impact was minimal enough that a follow-up Notice of Intent would likely be unnecessary. Motion Made by [Member] to ratify the emergency certificate. Motion Passed (Unanimous).

A contentious discussion regarding invasive species management at 14 and 20 Kingsbury Way saw sharp exchanges between the Commission and applicant Phil Carone. Carone, seeking a Certificate of Compliance (COC) for bamboo and Phragmites management, reacted strongly to Agent Britney’s recommendation to delay the certificate for two growing seasons to ensure new mitigation trees survive. Carone highlighted his $20,000 investment in the project and years of monitoring. I think it's very important because we've done a tremendous amount of work that this commission has asked us to do... and now you want to hold me captive for it, Carone said. Member John Frost advocated for a resolution, suggesting the commission shouldn't hammer away at an applicant showing good faith. I think that it would be beneficial to approve the COC and if there are violations in the future... then that would be addressed, Frost said. While Member Patricia Mulhearn agreed to support the certificate, she criticized the applicant’s tone. I do not appreciate the aggressiveness that you came into this—that was not appreciated at all, she said. Motion Made by P. Huggins to grant the Certificate of Compliance with ongoing conditions regarding maintenance and a prohibition on mowing beyond the conservation fence. Motion Passed (4-0).

Structural concerns dominated a hearing for 13 Webster Road, where Tim and Claudia Norton sought an after-the-fact certificate for extensive hardscape and retaining walls. Abutter Ron Cadillac expressed fear that a newly built wall lacked a proper footing and could lead to the failure of his own adjacent wall during a major storm. I'm concerned that if there's a heavy rain from a hurricane, my wall could give out because the bottom is not anchored properly, Cadillac said. Engineer Dan Ojala of Down Cape Engineering defended the work, stating, In looking at it as an engineer, I think it's wholly adequate what they built there. However, Agent Britney noted that the wall was not built according to approved specs and that the applicants had installed non-native roses and hydrangeas instead of required native species. Tim Norton explained that the gap between the walls was a result of his wall going straight up while the neighbor's wall tilted back. Motion Made by D. Bernstein to continue the hearing to November 6th for a revised wall plan and the installation of five additional native shrubs. Motion Passed (Unanimous).

In other business, Sean Olri presented a plan for a new patio and retaining wall at 115 South Street, ensuring the Commission that the structure would be set back to protect a significant oak tree on the property. Member John Frost noted, I would just hope that you'll have enough protection around that nice-sized oak. Motion Made by J. Frost to accept the proposal with a negative determination. Motion Passed (Unanimous). Additionally, Dan Ojala secured revisions for 37 India Memorial Drive, agreeing to specific vista pruning protocols. The steps are in rough shape so you tend to walk beside them. So to prevent that we're putting in the ground cover plantings, Ojala said. Motion Made by J. Frost to accept the revisions pending updated wording regarding a future pier permit. Motion Passed (Unanimous).

The meeting concluded with procedural updates, including the announcement of a town cleanup day on November 1st and an upcoming tour of the wastewater plant on November 3rd. Chair Bernstein also noted that a letter regarding irrigation and water conservation would be sent to the Select Board in the coming week.