Falmouth town meeting 2nd night: Plastic ban decision, multimillion dollar sewer projects

FALMOUTH — A petition-based bylaw proposal calling for Falmouth to ban restaurants and other food establishments from using plastic takeout ware was effectively co-opted Tuesday as the annual town meeting debated into a second night.

Members used amendments to transform the would-be ordinance into a new directive: that town administration form a committee to give the issue further study, create a more legally sound proposal, and return for a decision in the fall. The panel is to include officials, business representatives and residents, as well as the petitioner.

The body also considered wastewater management projects, and a handful of proposals for expenditures from the Community Preservation Act fund, primarily for historic preservation and open space projects.

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Falmouth is the second of six Cape towns to consider a plastic ban directed at restaurants.

The plastic ban was part of a citizen petition advanced by resident Philip Gessin, looking to prohibit food establishments from dispensing prepared foods in disposable containers made of plastic and providing plastic utensils.

Falmouth is the second of six Cape towns to take up discussion of the ban, developed by Cape Cod environmental advocacy group Sustainable Practices, of which Gessin is a member. Provincetown Selectwoman Leslie Sandberg said in an email her town meeting took up the initiative on April 3, and indefinitely postponed it "in order for the petitioner to work with local businesses to see how it could be enacted."

The same bylaw has been submitted to Brewster, Eastham, Harwich and Sandwich.

The plastic ban was not supported by at least one Falmouth government board.

Solid Waste Advisory Committee Chairman Alan Robinson told town meeting his board did not support the proposal as written.

"We support the petitioner's goals to reduce plastics in the environment; however, we find the article to be inadequate in a few respects," he said, citing inadequate definitions, lack of specific requirements, and no accommodations for waivers.

Gessin pressed for passage of the ban as written, arguing that bold moves are necessary to realize change.

"We need this bylaw," he said. "It's time for us to take a bolder step towards a livable world."

Falmouth Chamber of Commerce CEO and president Michael Kasparian, also a town meeting member, said he doesn't think anyone would disagree plastic pollution is serious problem. But the business community, he said, disagreed with how it was developed without input from the community's stakeholders.

"If we didn't get involved, the restaurant owners wouldn't even know this was happening," he said.

Plastic ban replaced with directive to Select Board over single-use containers and utensils.

He and others supported an amendment offered by town meeting member Deborah Siegal that put the town into the driver's seat. Characterizing the effort as one with "laudable and urgent goals," she moved for the bylaw's language to be erased and replaced with a directive for the Select Board to authorize administration to develop regulations governing food establishments' uses of disposable, single-use plastic containers and utensils when serving the public.

Town meeting member Peter Hargraves further amended that to emphasize that the goal is to eliminate the use of disposable single-use plastic containers and utensils.

Town meeting member Richard Latimer also urged giving the proposed bylaw a thorough workover.

"As a lawyer, I want this bylaw to be bulletproof," he said, warning that if the town adopted it as written it could lead to lawsuits. He said the committee should come up with reasonable alternatives the business community can meet.

Funding requests for wastewater and sewer projects also drew lengthy debate, with yin and yang results.

Approved was $9.5 million to upgrade the town's main wastewater treatment plant on Blacksmith Shop Road to take care of flow from the proposed Teaticket-Acapesket sewer area and additional flow from existing sewer areas. The amount supplements $24 million approved last year, and covers additional costs arising from inflation and supply chain issues.

Meanwhile, a $4.5 million request to pay for design work and permitting for Phase 1 of the Teaticket-Acapesket sewer project — including the wastewater collection system for the northeastern part of Maravista and the Teaticket peninsula, a booster pump station and sewer main, and expansion of the town's existing beds for treated wastewater discharge — failed. With 106 members in favor, and 79 opposed, it fell short of the required 2/3 vote.

Here's why some town meeting members voted against the project.

Town meeting member Martha Asendorf pointed out the plan "takes waste from one side of town and empties it into the other side of town" in an area of suffering waters off Buzzards Bay that can't take anymore wastewater discharge.

Several speakers urged the town to put more effort and resources into investigating less costly sewer alternatives.

Resident Kim Comart said he is deeply concerned about nitrogen and phosphorous loading into the town's 14 estuaries, and its coastal and freshwater ponds.

"Falmouth's efforts are focused on remediating and treating the nitrogen and phosphorous after they've already been flushed down the toilet," he said.

What needs to happen more, he said, is preventing or limiting release of nitrogen and phosphorous. He pointed out less expensive technology is available, like toilets that ultimately incinerate solid waste and collect urine that's treated and put to other uses.

Hilde Maingay and her husband Earle Barnhart, both involved with the nonprofit educational organization Green Center, also advocated for the town to invest in studying urine diversion technology.

"Falmouth does not use the most cost-effective and environmentally sound plan," Maingay said.

Wastewater Superintendent Amy Lowell said the $4.5 million request was to improve water quality in coastal ponds, most notably Great Pond.

"Great Pond is severely impacted by nitrogen from septic systems," she said.

There were plans to seek an estimated $55 million in construction funding next year.

Heather McCarron writes about climate change, environment, energy, science and the natural world, in addition to news and features in Barnstable, Brewster and Falmouth Reach her at hmccarron@capecodonline.com, or follow her on Twitter @HMcCarron_CCT

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This article originally appeared on Cape Cod Times: Falmouth town meeting 2nd night: plastic ban, sewer, wastewater, more