##VIDEO ID:bfLCyk-MAYk## e e e e e e e e e e e e e e e [Music] [Music] good afternoon this is a hearing of the chadam Conservation Commission being held on January 8th 2025 in accordance with the Massachusetts Wetlands protection act and the town of CH Wetlands protection by law and regulations my name is Karen Lattin and I serve as the chair today's hearing is being broadcast live on xinity channel 1072 and is being recorded for the on demand archive IES available on the town's website it is being conducted in person by phone and by video conference the agenda instructions on how to attend and copies of documents for review are posted on the town's website to all participants whether attending by phone or online please remain muted unless you've been recognized by the chair when recognized please identify yourself for the record if you are attending by phone you can mute and unmute by using star six if you are online and you are not a commissioner please keep your camera turned off unless you've been recognized indicate that you wish to speak by using the raised hand feature so that we have a record of a quorum I will now ask each commissioner to indicate their presence Vice chair Elise Gordon present Janet Williams present Cheryl missery present Eric Hilbert present Bob Delio present Paul Johnson present and I'm here so we've established we have a quorum before we begin the agenda Paul are there any announcements about any requests for continuances today good afternoon Madam chairman Commissioners there are three requests for continuances the first one is 346 Morris Allen Road that's January 22nd the next one is 83 seal Lane January 22nd will be the continuing date and the last one is 44 Waterview Circle January 22nd will be the continuance date thank you at this Point Paul Whiteman chadam conservation agent will now lead us through the agenda thank you madam chair first on the agenda is a request for an order of conditions the address is zeroc crosswind Farm Road Joseph uh Gerald Lino Gerald oo and Hana art map 10j parcel 17A lp36 D number se10 3688 the project is proposed single family dwelling apologize for the stumbling on the spellings there great okay um first do any Commissioners have anything to add to the order no no nothing um oh good Hannah hi do you have anything any you want to add we don't have any edits for the order of conditions and I believe the app applicant also is satisfied with the orders and the conditions okay great conditions in the order anybody else have any comments questions then we can close the hearing and approve it I move that we close the hearing on zeroc Cross Wind Farm Road and approve the order of conditions as written second okay Paul obain Janet I Elise I Eric I Bob I Cheryl abstain and I say I okay you're all set thank you very much Happy New Year everyone thank you too and Paul on to the next uh next on the agenda Madam chair is another request for an order of conditions the address is two Sal Pon Road the applicant J Gerald a milen map 17j parcel 7-4 D number se10 3704 project is repair to an existing Stone revetment okay do I any Commissioners have anything that they would like to see added or modified in this one okay do we have any Representatives here we do it's Bob perrye c i hi there um I thought the order was was uh concise I know from past experience there's a lot of things in there that are kind of General they fit a number of different projects but I did want to mention a couple things there's mentioned in I think it's condition 11c about the cause of the faults with this resentment where there's mentioned that it's related to the stone setting that may be partially true but it's primarily the undercutting from the significant channelization and you don't have to make the change but I'm mentioning it because I think it's something if you're going to have it in the order the second item is um on page 11j condition 12 references the installation of a revetment when the project that you approved which was um you know well thought of you really considered the allowance for ongoing maintenance the project isn't the installation of a stone revetment it's maintenance to a revetment so you may want to change installation to maintenance or repair we actually just changed it to following the reinstallation the repair of portions of the revetment how is that that's fine and on up the same page item 14 makes the same reference to installation so you might go with repair and um I don't think it's a problem because I see it as a standard condition but on page 11m 11 and 12 um are conditions that prohibit future Coastal Engineering structures to protect the project but the project is a Coastal Engineering structure you've probably encountered this before so I would simply I'm I'm simply mentioning it to you I don't think that's needed in this order um up to you whether you want to take it out or not but that's all I have otherwise I'm happy with this thank you we can take both out it's 11 and 12 okay then removed and that's it that's all I had thank you okay does anybody else have any comments or questions all right then we can have a motion to close and approve I move that we close the hearing on two Salt P Pond Road and approve the order of conditions as amended second okay Paul I Janet I Elise I Eric I Bob I Cheryl abstain and I approv okay so we're all set on that one Paul the next order very much by thank you thank you madam chair next on the agenda is a request to amend an order of conditions the address is 62 C Street the applicants of Douglas Gensler and Michael kiny mo- Gensler map 13c parcel 43 A- T1 the EP number SC10 3588 the project is the amendment excuse me the amendment is to reconfigure a driveway invasive plant management and mitigation plantings this is a phase one request okay good afternoon K Ian if you'd identify yourself absolutely Ian Peach from Wilkinson ecological design representing the project this afternoon um and maybe I can tell you a little bit about why we're here for an amendment um so we're requesting an amendment to the existing order of conditions for SC10 3588 for a driveway reconfiguration as shown on the hawk design plan in the submitt and then it's also for a comprehensive invasive plant management and ecological restoration approach to the resource area um I wanted to note that this residential parcel has a expansive vegetated Wetland for a residential parcel and buffer that is completely dominated by Asiatic Bittersweet border privet shrub Honeysuckle and really most substantially challenging all the native species including the trees um is the porcelain Berry that's over topping and climbing up everything we also do have a pocket of knotweed so when the driveway reconfiguration was on the table we looked a little bit closer at what was offered for mitigation under the current order and really what the site conditions are um and it really seems like it would be leaving a lot on the table and and kudos to this homeowner for thinking yes let's uplift the Ecology of this entire resource area so what we're coming before you with is this modest driveway reconfiguration and then um offering there's the driveway reconfiguration thank you um and then part of that we would like to work much more comprehensively on invasive plant management and native plant restoration so looking at about 22,000 Square ft um as reflected on a restoration plan so on the former mitigation really it was a a small much more modest or on this current order the mitigation is modest with a mo strip and a fence and really you're just going to be fighting um the species especially what we're seeing on site in this context just coming over that and although I think it checks the box for mitigation there was a lot left on the table here so we really thought while this reconfiguration is happening why not make satisfy the mitigation and go a little bit further and work comprehensively you know um this is a completely imperiled Wetland and the entire buffer will be restored with a thoughtful native plant Community we're also working um with some existing dead trees some snags as highlighted in those green dots on the plan and those will be leaving as wildlife habitat or downed wood um as as you can see within the resource area in the Wetland um and and really you know that's what I wanted to to let you know what you will see we've also notated that there are some trees that would be impacted because of the driveway reconfiguration and we'd be offering a 2:1 ratio with really the right species for this place of American holly red maple Tupelo um and so we're excited to work with that standing dead wood and that down wood for wildlife habitat as part of a comprehensive approach so I know this is phase one I just wanted to give you a good feel for the project we've got a reconfiguration that has about 1,000 square fet um in the added in the 50 to 100 and of course we're now offering 22,000 Square ft of comprehensive invasive plant management and native plant restoration um and we just wanted to bring this to before you um to be able to to work comprehensively on this residential parcel so happy to answer any questions and and speak to anything that's critical for phase one thank you thank you very much so as a reminder for everybody it is Phase One um basically what we do is we determine whether this is approvable as as they go to phase two where they can give us more detail but if there's something that you would like to see more of or comment on so that phase two goes more smoothly um I wholeheartedly encourage it so given that does anybody have any comments questions for Ian Bob go ahead I got a couple Ian um the uh uh invasive species management and so forth for the Wetland does that go right to the Road Cedar Street it goes all the way to the road except as you'll see notated in a linear line of vegetation there's one line of of vegetation right along this the um Southern um if go a little right below that's that so in effect yes it's the entire parcel besides that one existing hedge that I believe is more in the road right away than on the applicant's property so yes it is comprehensively and how about to the property line to the north and so to the north um we're working you know all the way to the edge of that proposed driveway reconfiguration um and up until the proposed garage if you scroll um a little further north and so really everything obviously in the Z to 50 and up until those built environment um driveway and proposed garage so really every bit possible besides that existing easement you see to the east um that answer your question about the U I know you're taking some uh fairly mature or very mature cedar trees out uh to where the circle where you want to put the circle in um aside from the know or that cedar that large Cedar are there any other Cedars coming out no other Cedars will go out we'll hopefully save some Cedars from being Lost in You know from porc slamberry by making this more comprehensive um and certainly will'll protect other existing trees will all remain um as shown in the plan and and I'm I'm assuming when we've worked in projects like this that get so over topped that we will find trees in there that will be left any native trees will be left to remain once we actually get under that mat of uh Horseland Berry so the shorter answer is now just the the cedar where where the reconfiguration is and you're planning to uh plant uh two trees for that one is that the story yeah we'd like to you know we have four trees with the reconfiguration of the driveway so we're offering eight and we've really looked at the site and it's a nice opportunity for Red Maple Tupelo um Ander American holly based on on the soils and and the context so 2 to one eight native trees offered for the four removal and those will be substantial specimens right now we have them at um s gallon which is usually where we like to work on getting at this scale an ecological restoration and putting trees in um but if that's something you'd like us to look at when we return to phase two I'm happy to consider um for certain species especially maybe um a larger size but you've probably heard this for me before there's kind of a sweet spot of making sure they're established enough that you know have a presence in the landscape but we find especially when you're restoring native PL communities that not necessarily always the larger the better for the success MH okay thank you welcome anyone else Eric how you doing um on your planting plan is there any way you can add in some uh a cluster of milkweed somewhere and U as far as far as the trees go I think it I don't know about what everybody else thinks I think it would be better to leave the snags because there's a lot of birds in that area and uh rather than lay them on the ground I appre I love that feedback about the esus the milkweed we are going to plug um some really awesome you can see in that spec the Wetland mix to be seated and plugged where we'll have swamp milked in there the incarnata um but we're happy to actually you know bolster that a little further with some common milkweed as well and appreciate you acknowledging the value of standing dead trees for wildlife that's it thank you anybody else than go ahead Janet um just can I confirm Ian that so the driveway expand the driveway reconfiguration project is adding 1700 Square ft I have the driveway addition um at 1,683 Square ft 16 um or excuse me let me look at that a little closer okay I have two numbers for it total drive parking addition I actually have at only 1,000 square ft 1,25 Square ft is additional the additional on top of what the current order has in square footage thank you i' I'd like to piggy back onto that um Ian when you come back we need a coverage table for this that will show the 0 to 50 and the 50 to 100 and any modific you know what the proposed modifications are what it was and what it will be yep thank you Mar anything else yeah just also Ian on the the um on the site plan um it's labeled as a Cottage it's a garage I as I understood that's what we had in the prior order is it a garage or a cottage well you know our plan is calling it a garage I've seen the language as Garage in the order I'm looking at um Hawk's site plan as cottage I think that's probably as the homeowner thinks of it um but if that's something that makes more sense for continuity um we're we're happy to to get the language um across all documents the same yeah I guess depends on its primary purpose if it's to store Vehicles who people um okay thank you just wanted to clarify you're welcome thank you anything else from anybody so at this point um as you've heard our comments on mostly the landscape plan um you also were told we need the coverage table and of course um you will need to update one of the plans to reflect properly either Cottage or garage whatever it may be um also I think we need a total square footage for the invasive management and the restoration I know you said it's 22,000 I'm assuming it's 22,000 out 22,000 in but um if you could just even in the notes on yours just specify that um anything else anybody can think of okay then we can go to a motion for phase one approve phase one I move that we approve phase one on 62 Cedar Street second okay Paul I Janet I Elise I Eric I Bob I Cheryl I and I say I okay so you're all set and we'll see you for phase two wonderful thank you for your thoughtful feedback and see you for phase two thank you so much okay Paul the next one next one is a request to amend in order of conditions the address is three oyster Drive the owner is three oyster Drive limited liability company map 15a parcel 8- h15b EP number SC10 3599 project is raise and replace existing dwelling amendment is to downscale the project wherein the existing dwelling will remain intact and the soil absorption system raised and replaced with an application of a IA technology under remedial use approval this is a phase two fast good afternoon good Paul Madam chair ladies and gentlemen of the commission happy New Year um we're back in front of you I did receive the amended order of conditions and I I had submitted some comments um not sure if Crystal relayed those to you since I didn't get the uh those in until about 11:30 so I'll be happy to go through those if you would please CU I did not receive those okay just check to make so they're very they're very minor um the the I've changed the language to to show that uh we are going to also in this plan replace the existing septic tank because for the microfast technology we need a split compartment tank so in the opening this it just says and replace um uh I'm sorry the new project is scale down to the existing dwelling to remain intact and the septic tank replaced and soil ABS absorption system raised and replaced with the application of the microfast IIA technology as a secondary treatment system with nitrogen removal capacities under the remedial use approval so that's already I've I've given that to Crystal so okay I don't know if you need that but it was just clarification that it is the microfast technology we had some con uh discussion here among different Commissioners about differences between IIA Technologies so in our consultation with the D uh we found that the uh previously specified Sledgehammer had piloting approval as a secondary treatment system which which meant that there was some risk and uncertainty so we had gone to the fast system which we knew had secondary treatment approval under General use and remedial use and it also added the benefit of enhanced uh nitrogen removal capabilities down to 19 so um other revisions and I guess I'm remiss to say we did go in front of the Board of Health and I hope that it's been related to you that the project was appr approved yes at Monday's meeting okay then the same comments um are put in um we also reference the revised plan the revised plan is not called out the revision of December 19th is should be the reference plan it was originally drafted I believe on October 28th but the revised plan that you're approving or that's under consideration is now 1219 I think it's my cover I'm sorry I missed that 12 I think I said I said 1220 but it is actually 1219 okay then uh on page 11 C under the amendment I also call out the microfast IIA technology uh with the uh replacement of the um uh existing septic tank again the revision date of the plan on page 11d and the wording for the existing uh including the uh replacement of the existing septic tank under the amended findings okay and I think Crystal I assume that you could get those to us to add in because Jen I don't think you've gotten all of it have you I I could approach and give you my copy that shows those changes okay that would be terrific if you could give that to us you want me to give to I can forward the email too okay thank you and he's giving it to Janet so that we can get that in for you so thank you anything else that you saw uh no I mean the generally you you kind of left in the the findings that that it all the other orders apply as it is to the scal down project you know that there are some nuances since we're not doing any demolition other than the removal of the septic tank and the um old leech field you know so some of that language and the former is little not exactly right on but I I think it's clear enough okay what we need to do with regards to Performance here under the order of conditions amended order of conditions anything else no okay do any Commissioners have any questions now that we've changed from the sledgehammer to the um microfast and from what you've heard today go ahead Bob I I wasn't able to look at the uh the order but Does it include the replacement tree yes okay Dog Wood I think not Dog Wood a Black Oak you know that that's a 40 foot tall tree right okay I mean I don't think it'll ever grow 40 feet in that environment but yeah no we did add that in that was in both the findings and the conditions thank you yep it says one tree of maple will be removed uh on the 100 foot line and replaced with a black oak in another location okay anybody else anything then I think we can have a motion to approve the amended order as it's been modified I move that we approve the order is amended and modified for three oyster Drive second okay Paul hi Janet I Elise I Eric I Bob I Cheryl I and I say I great thank you very much thank you okay Paul the next uh thank you madam chair next on the agenda is a submitted field change request the address is one 44 chat haralan RNs nominee Trust of the owner map 58 parcel 1-10 D number se10 3568 the project is proposed removal and reconstruction of an existing dwelling and associate site improvements field traing request is for proposed building modifications minor grading and addition excuse me addition of a generator okay good afternoon for the record Sean Riley with Ty and bond hi Sean how are you good good so um the last time we were before you was two years ago on this project uh for the rais and replace took a little while to get through uh we went through zoning Board of appeal deals as well back in 2022 uh received the order of conditions the applicant decided to go in a different direction uh with a different architect um and the architect was charged with essentially um to keep the same footprint uh or reduce it so um fortunately they opted to reduce the footprint with the current design and if you can see my screen essentially the uh the purple outline was the uh approved footprint uh they reduced the footprint uh by 85 square feet and we have uh since added a a generator uh off to the right end of the building adjacent to the uh two mechanical units so essentially those are the changes that we've made uh we've gotten since received approval from the zoning board for these changes to the the building um with reduced coverage and uh with that I'll open it up to any questions you have all the landscape is stayed the same the mitigation stayed the same the uh limit of work has stayed the same essentially the grading has stayed the same there are some minor changes around a window well um but you'd be hard pressed to see them on uh on the approved plan versus the uh the changes okay thank you does anybody want to start with any questions I'll go again Karen go ahead uh Sean U when we put together the order uh uh if you recall there was a tree inventory way back on the trees that were supposed to be removed and they were they were uh tagged and uh surveying tape was was draped around them around the trunks uh and I uh asked if that all could be removed there quite a few trees in there that that still have the tape and so forth will that be done when the construction is finished yes it will yes we'll follow follow all those conditions those existing conditions they're set forth uh one of the other conditions was to u to keep an eye on the Culvert that connects the two marshes so uh we review all those conditions with the contractor and make sure that they're adhere to good enough thank you anybody else you're thinking well I'm just I'm hi Sean I'm just wondering about um dates and how so this order was issued in 2022 it's up for expiration this year so you no 2025 two year oh it's got the C extension just happen no not even co uh in November the new extension the all extension okay so you're good never mind so they're safe you've got enough time we're crystal is keeping a very close eye on all thank you Crystal that's confusing yeah we are too we are too I'm sure um so that that isn't an issue for this good um anybody H else have anything that they want to ask uh then I think we can do a oh does anybody in the public anybody here or online have anything that they wanted to add or talk about no okay then we can have a motion I move that we approve the field change request for 144 Chad Harbor Lane second okay Paul I Janet I Elise I Eric I Bob I and Cheryl I and I say I so you're all set thank you and have a Happy New Year thank you you too okay okay Paul the next next on the agenda matter chair is a submitted request for a determination of applicability the address is 346 Morris Island Road Patrick Brogan is the applicant map 15 A1 parcel 3- h143 R2 24-27 the proposed project is a septic system upgrade and the applicant has requested a continuance to January 22nd 2025 okay if we could have a motion I move that we continue 346 Morris Island Road to January 22nd 2025 second okay Paul hi jnet hi Elise I Eric I Bob I geryl I and I say I okay the next one next on the agenda Madam chair is another request for a determination applicability the address is 50 hallway Street the applicant is 50 hallway Street realy trust map 17 C parcel 17 r-4 28 the project is installation of an electrical generator good afternoon David Clark on behalf of the applicant as stated U looking uh for permission to put in a small generator uh nearly actually the entire property except for a couple of square feet in the Northeast Corners within the flood PL but that's the only resource area that's involved here and U really the only work that's required is to uh do a shallow excavation to install a concrete PL pad and then uh a generator on top of that okay does anybody have any questions it's a good spot to have a generator yeah like it was waiting for it anybody have anything else I have one thing yeah Karen go ahead um next to the uh Rin station David on the uh let's see the north side closest to the generator where the generator's going to be mhm there's a um where the roof the roof uh sheds a lot of water and it dumps down right next to that Rin station and it's causing some erosion just wondering if uh you could put some crushed stone in there just to kind of catch the water and prevent the the um the runoff as much as you can yeah I don't think that'll be a problem okay thank you okay this is going to be very silly but there is 12 square feet of additional can we get a bush or something we we can that's not a problem at all only because it is an increase in coverage so yes this does have to go to zoning board um yes so uh but our discussion yesterday was this is an RDA so I think if everybody agrees and they can all vote separately I think we can approve it and should zoning have an issue you can always come back to us but at least you've got our approval because it seems silly to hold this off waiting for you to get to zoning because I don't think you've even applied to to zoning yet have you I I don't know uh the contractor's taking care of that uh it says today no filing has been received so rather than hold it up even further if if you think that's an okay way if you'd rather we wait we'll wait doesn't matter to me so whatever then we will vot as it is and hope I can't imagine hopefully zoning doesn't have an issue okay all right if we have a motion I move that we approve the request for determination of applicability for 50 hallway Street it's a negative right determination uh what determination is it Paul do you know a negative determination it's a negative I don't know yeah it's no it's in it's in a flood plan Paul turn your oh you got put your mic on there's a difference David in the we should just say negative termination but there are designations for what kind of resource you're in so my suggestion in this case would be a negative -2 if that changes we'll issue it as a three but negative2 sounds good to me to continue the motion it will be nard with a negative -2 second okay Paul hi jenet hi Elise hi Eric hi Bob hi Cheryl I and I say I thank you thank you okay Paul next one have my mic on uh next on the agenda is a submitted notice of intent the address is 83 Seagull Lane 0 to squantum Road and 30 wilus way the project the applicant is outermost Harbor Marine map 15 A1 15 A2 and 15 A3 Parcels 128 12- h98 1 n 133 and US1 the EP number is se10 3710 proposed project is a dredge and Marina and Beach nourishment on a barrier beach coastal Beach the applicant has requested a continuance to January 22nd 2025 so I move that we continue 83 Seagull Lane 0o to squantum Road 30 wilus way outermost Harbor Marine to January 22nd 2025 second Paul i d i Elise I Eric I Bob I Cheryl I and I say I okay Paul next one next on the agenda Madam chair is no vent addresses 33 Pine Bluff Road Mike and Patricia MZ map 2A parcel 36 D number se10 3709 the project is invasive plant management and planting activities okay do we have anybody here for this anybody from Wilkinson he was that's why I'm looking going what's going on no um I wonder what happened he's not even all right should we table this and come back sure yeah table it and maybe can Catherine reach out and find out you know let yes I'll reach out thank you I'll reach out to W all right so we need a motion to table it temporarily I moved that we temporarily table 33 Pine Bluff Road for later in the meeting second Paul hi j i Elise hi Eric hi Bob I gereral hi and I say I okay the next one next on the agenda agenda Madam chair is a notice of intent the address is 217 Woodland way the applicants in are John and Paul palowski map 11k parcel hc15 D number SC10 372 the project is construction of a swimming pool in patio within the buffer zone to a Coastal Bank uh good afternoon Bill Riley on behalf of the prosis and that's just to correct things it's Paula parowski okay thank you the um I so I I I watched the video of the last meeting and uh so the palowski asked me to come in and uh see if we could have a conversation that would result in you know some changed uh opinions of by the board members the one thing that uh I noticed simply watching the meeting um the I didn't watch the previous meeting but I know from speaking with David that there had been a request to reduce the size of the application uh the pool and the the uh so at some cost the applicant did that and they I mean it wasn't a minor reduction they the original pool was uh based on my math which is always risky was um 384 square fet and the proposed pool is 220 Square F feet so that's that's a greater than a 40% reduction in the size of the pool and the the uh and there was simply no recognition of the the steps that they had taken other than it's still too much but I mean that's a pretty significant reduction I think it uh and it came with a cost of course uh so I I thought it was um it would have been appropriate for the board to really give a fresh look at the Project based on the changes uh that the perlowski had made another thing that uh I was wondering you know where the 35% coverage came from whether there was some science behind it uh where it previously been 50% and it was changed to 35 I went back and watched some of the some of the meetings of the other commission and uh other than you know one of the things we talk about well if 50 if 50% is good then 35% is better kind of thing rather than really measuring in any way uh how that would protect the resource area um because the location of the pool it seems to me that there's there's no adverse impact on the protected resource area which is a Coastal Bank and so um you know I I thought it was unfortunate that the commission didn't go through that exercise and the the um of course David had done a variance request uh and I don't know if you reviewed that yes at a previous meeting but it it wasn't discussed other than the fact that it existed it wasn't discussed at the last meeting no and the the um uh I mean one of the things that had been talked about was well you could put it in the front yard well if you look at the site plan the septic system is there that means the pool has to be 20 ft further uh closer to the road and the grade of that area is uh not really amendable to placement of a swimming pool uh so we believe that there really is no feasible alternative uh to the proposed location the you know they're proposing for the larger pool they were proposing 900 square feet of mitigation uh where the pool is 3 84 square feet the uh so even though we' reduced the size of the pool by 164 Square ft uh to 220 square fet there's been no reduction in proposed mitigation so we believe that you know the protection uh for the existing wildlife habitat has been enhanced uh by the reduction of this pool size without a reduction in the mitigation uh because the because the proposed pool is located in a lawn area uh it really doesn't expand the development area on the property uh know so as David noted in this variance analysis is no loss of Native vegetation or wildlife habitat uh because of the increase now you know I've been here a long time as you all have been and I know that there's a sense that particularly when it came when it comes to residential structures that sometimes it's just too much and I got the sense from listening to last the last meeting that that was how some of the board members were feeling uh and if they if they had proposed expanding the Disturbed area so that it affected some of the natural vegetation or wildlife habitat I think that would be a very reasonable position but here you know it's being placed in a lawn area which of course in some circumstances we don't like Lawns so I thought uh that you know there's there's really no adverse impact on the resource areas and the you know the you know the criteria that says must find Project necessary to accommodate overriding public interest which we don't have here or avoid a decision that so restricts the use of the property that constitutes an unconstitutional taking without compensation well we don't want to get too deep into that because but that's why I point out I don't think there's any uh there was no real scientific basis for changing from you know 50% to 35% and here uh my understanding is is you know they're going over by 7% so we have a property here that was developed you know before the current regulations were in place one of the things that were mentioned was well because your patio is so big well the patio was part of the original approval and if you've been to the site you know that the patio is really the only outdoor recreational area on the property and so the uh uh and because of the change of grade between where the pool's proposed and where the patio is um any change in the patio would be would probably cause more disturbance to uh the protected are than simply allowing the construction of the small pool over in this area so the U so it seems to me that you know it's fair to ask you to reconsider those of you who were a no vote the other day or thanks to the straw vote that was taken uh or at least to discuss these things and say well that's not sufficient or that's not good enough or what the whatever the basis would be but always starting from the point that uh there's no adverse impact on a protected resource area so that would be our request today right anything else I can talk a long time if you want no no just want to make sure David you don't have anything to add or I don't know if David has anything he wants to add okay well I can say that I think the first time we heard this property there was tremendous concern you know it it was a larger pool and we actually did recognize that they made the pool smaller at our we asked them to reconsider what the setup and David at that time asked asked us if it was worthwhile doing or you know whether this was just not approvable rather than saying no right off the bat we felt as a group that we needed to give them an opportunity to come back and knowing our thoughts and so we have very much considered the property owner and what they're wanting to do um yes it was that it was mentioned that they do have a nice front yard whether it's usable for a pool or not it I mean I think somehow maybe it could be um one of the VAR the variance was considered and one of the comments in the variance was that this was the location because then they have a view which I understand totally understand and we don't we don't make our decision based off of gee I want a view or I don't know view we make our decisions based off of what's presented to us and what we are charged to do um having said that in 2022 and finally approved in 20123 we did modify the regulations as you said and we internally deliberated quite a bit about coverage in the outer Aura be because it it's we have a concern for how that area is being treated and it is whether it's Coastal Bank or how it's still it affects going on you know into the ndz and on down so we did consider that um and that is a good part of how we came to 35% and I think at one point we actually were lower we were at 25 and so we thought that wasn't very fair now having said all of that I am going to defer to Janet because Janet was a huge part of the regulations um wrote most of it with our input and so I would like her to continue okay [Music] um bearing in mind the purpose and function of the aura to protect the adjacent natural resource area and bearing in mind that under chadam bylaw the auras are themselves considered resource areas and entitled to their own protection but we know that the reason we had this conversation about limiting uh development within the outer Aura is that in order for these areas to to function properly and to do their intended uh protection of the adjacent resource areas the more you begin to chip away at them the less they can do that I mean it's just obvious and it's also obvious given what we've seen over the last five or six years of our case load that across all properties across town development projects are being put into the outer Aura and it was becoming um increasingly threatened in to be able to perform its function so that was driving us to push back away from the 50% and as Karen said we did have a a robust conversation about whether zero was okay we didn't think so 25% and we landed at 35 as what we thought was sort of a fair um compromise um some is there science behind that no I think it's obvious that the more you lose the outer Aura the more that the resource area becomes threatened so that's the reason that we landed at 35 was as a result of a compromise among the commission members and some input from there was very little input on that point almost nobody I think had any comments or or concerns about about the change in the coverage yeah so um that that explains that and as to this particular project yeah I mean we're very aware that when a property uh was permitted properly and is at the 35% Mark there's very little that can be done which was why we included in the language without a variance and we decided it was not wise to put in a blanket prohibition on Crossing that 35% line given the kinds of circumstances that that uh your clients are facing so that um you go through the analysis for the granting of a variance and I can tell you from what what I heard through I think we had two hearings on this prior to this one from everybody um it was the Alternatives question that was tripping people up and the Alternatives analysis given that there is a large part of the front yard that is perfectly even outside of the septic area that would be perfectly adequate to put a pool um and I heard a number of people comment on the existing patio could be shrank shrunk or removed or whatever and put a pool there we heard two justifications for the pool being placed where it's proposed one is the view of the water and the second is um to be able to keep an eye on children swimming um um and the rejection of the front yard alternative course yes there's no there is no view from there um I'm not persuaded by the safety one because I don't think that even having it right outside a window provides you with necessarily a greater degree of safety because human nature is what it is accidents happen in the blank of an eye and unless you're on site next to the pool you can't count on the fact that it's outside that window that you so that doesn't really persuade me but um we never we didn't get back any um counter to why it could not be put in the front yard or placed where the current patio is you start you've addressed that this morning so than thank you for that right if if you I if you can put this the site plan up no I can I can't see my screen if I do that Catherine do Katherine can you put up the site plan Katherine yes I'll put up the site plan thank you I have my notes I need to see them should be visible yep thank you you're welcome all right so if you there a little no pointer anyway so if you look at the top section of the plan uh between the septic system and the road uh the septic system is at elevation uh 42 and 46 uh and the elevation at the road is 32 so um it's not impossible to put a swimming pool there but it's going to require a great deal of excavation and Hardscape to prepare a level area to locate a pool and we think that uh overall the less Hardscape we have on the project you know the better off we are so instead of having a pool that is uh taking what is a naturalized area now or a natural area I don't know if it's naturalized I really didn't notice when I drove out there but uh and creating you know a significant area of Hardscape uh on balance you know having a smaller pool in a lawn area even though it's you know within the U 550 to 100 Aura uh is well first of all it's a better use of the property and the and I know money's technically not one of your considerations but the uh cost differential same thing with with the patio it's changing the Pao is Not Practical because of the changing grade I mean the patio is what's the elevation of the patio same as the first floor right but it's you know if if you were going to remove a portion of the patio uh first of all it still leaves the pool in the area that's close to the 50 and it's going to it would require a great deal of disturbance of the property uh so in terms of what's actually going to happen on the ground the current location is the one where there's you know least disturbance of the property whether it's inside the aura or outside the aura and the further we go outside the Y the greater the area of disturbance why why is there more disturbance in where you're proposing then in in some part of the front yard and I I hear what you're saying about between the septic system and the road but there seems to also be an area between the septic system and the driveway that is would not need significant regr well we have to be 20 feet away from the septic system we'd have to relocate all the utilities to ah but what there's a water line through there there would be you know huge disturbance in the front yard but is this spot where the pool is proposed to go there's a stone wall you go down steps you've got the raised patio go down steps it's in a lower area so from what I think we were told as I have written down the ACC ACC area to do this work was coming from a neighbor's yard correct right which we don't even have that access area on the on any plan to show us you know how intrusive that is because there's wood um so it's going to be tremendously Disturbed as well it it I mean you know no matter how you act access this area no matter where you work I think in this for this project there would be disturbance you know uh because the way their their back area is set up this is a lower and it's shown on the site plan that you go down steps to get to the patio and the pool and it shows that there's a wall and then you go down to get to the Pool and Patio from from the side of the house so can you explain that well first of all they already exist but the pool area has to be dug that's cor so somehow the equipment has to get there well it's it's wheel equipment that's going to come in across the uh ne's property Dave Clark can address that better than I can right yeah so the ACT construction access is is outside the 100 foot um so uh whatever it takes to get equipment in there wouldn't be subject to your review but um but the pool is within yes the 100 foot so somehow that equipment has to get to that area to dig yep y once it's on is it getting to that area once it's on the property there there's no obstructions because that lawn area goes all the way to the retaining wall that supports the stairs that get you from the driveway down to the lower area so that's all open area so no trees have to come out within no but I I guess I just don't understand how the equipment is doing the digging when it's elevated no matter where on all sides there's a there's well there'll be overwork where the excavator sits could be half on half off who knows oh I don't know that's maybe that's part of what my issue is so when we were talking about excuse me when we were talking about Alternatives do you have a plan a plop plan of the alternative like if you were say let's talk about alternative you put the pool in the front you say well it's got utilities going through do you have a plan that shows the alternative where the pool might go next 20t from the septic where it would be and all showing the in the on the plan where the utilities come through we don't but if if that would help the discussion we could certainly provide well it be it would be a good start you know I you know the way I look at it I'm not not educated as a lawyer and an engineer and what I look as I look at a bed pretend it's Clay and then you take an object and you push it in the clay now the first time the deck okay they they got everything they wanted looks like got what they wanted they put a good siiz recreational deck as you said I mean patio was 15 years ago right right but they went all out on the patio so you push that clay down and and there was room for you know there was litigation all in the banking there was something to do so now you're taking another hard structure and you're pushing the clay down further so now it's Rippling the clay is squishing and it's Rippling up the sides of the property so you're saying oh well we'll just add more mitigation up the sides of the property heading towards the road um that's that's how I I just look at it simply like that I um and and then and then in the paperwork it always says well what's you know an alternative so when we say an alternative then you know we come back and say well this is the alternative this is where the only place in like for instance if you even want to I could see the I can see the the uh the patio would be a lot of money to take the patio and put a pool in there it would cost a fortune um you know I have a limited knowledge in construction but I you know I think the cost is probably the same it putting the going in there coming through the Neighbors which I'm Amazed cuz the neighbor's going to have to listen to the pool pump for the rest of their life 24 hours a day over there running some people some people love that sound you know way well they're going to regret that they offer that they offered this gift when they listen to that thing because I have a neighbor that has one and I'd like to shoot it but uh but anyway that that's where that's the only thing where I could how I look at a project you know well what I don't okay you have to explain so of course I do I am educated as a lawyer and have no construction knowledge at all when you say pushing down into the clay and the clay Rippling out you're losing me on that well it's just it's it's just it's you have a hard structure going in and I look at it as mitigation what can you give back to the land for the for the for the for what you've done now when the patio was done there was room for mitigation I think they did the bank and came out beautifully so now you're pushing down further and and you you're starting to go up the sides of the property cuz there's nowhere else and I think some of the mitigation is just replacing the damage where the excavators and Machinery is going through from the neighbor's side I think isn't it no no that's that's because he says it's not coming down into it's the it's approaching from outside the hund yeah but it's kind of like going it's so your mitigation is now moving up the sides that's that's how I look at it simply like that so I have a question for you yeah when I when I was on the site with David yesterday it seemed to me that uh yeah we could I don't see the setback line on here anyway the um we could rotate the pool back so that it is uh uh more parallel to the side of the if you look it's easier to see on the landscape plan uh and that would uh if you'd consider that that would also U give us a little more area to provide some mitigation uh where the current location is proposed here so you're saying along the edge of the house right right I mean it would be parallel to the house you located the setback line parallel to the house the mitigation which it would would have to be moved would be moved to the front uh I mean that's another closer to the 50 Foot Mark but then you know and I doesn't change I mean sure you can come back and show us anything um and we'll see because I can't comment because I haven't seen it on a plan but then are you adding more patio to go from the patio and the steps that are coming down to that pool to go around to the side of the house and if there's a concern about being able to see for safety I don't know if that concern remains I mean that's one of the arguments is that you know to be able to see people and do they have their view well I know I'm trying to address uh the concern that Eric mentioned in the if the if the pool uh is moved back so its orientation is parallel to the U what's that the east side east side of the house uh then the mitigation planting uh can be located uh closer uh to the 50 Foot line of the aura I don't think the uh I mean you need a walkway to get to the pool but other than that you wouldn't need a a larger so are you saying are you saying reoriented so that it's in along this side side of the house here or along the down here I mean both of those strike me as as options they're further you have to stay don't say you got to go back he's not going to say anything we can't do it the oldfashioned way got it either that walk with the micology right it's existing it's existing lawn but right now it's going into where there's existing lawn and part of the problem I got to tell you when you say no adverse impact you're changing from a pervious lawn which is not a great thing environmentally but at least it's pervious to impervious pool um the further back you get from the 50 the better so if you can push that get it next to the house where there's a very good view of it um it's called compromise yeah I mean you know we're o it's not that we don't want to see them get a pool obviously we've tried and oh I understand that we're trying not to it but last time we didn't want to waste their time and we did appreciate and I even marked it on everything that they it was 12 by 32 now it's 10 by 22 that is a significant decrease and we did very much appreciate it and it definitely helped it took you down to 42% coverage instead of 46 or 47 I can't remember 46 um so I mean we're not saying no because we don't want them to see have a pool here at all are and we didn't say no we we did draw a ballot no I understand and in the uh you know I've been doing this a long time and I tell all my clients that the hours that the board members whether it's conservation or zoning or historic commission the hours that the volunteers put in uh is greatly appreciated by me sometimes not So Much by my clients but it's always appreciated by me because I mean I've I've done it a little bit over the years I was on the housing committee one year five years well was five years and then five you know you want to know you want to get a laugh out of something for five years I was chadam representative to the cape C commission to and the so during that time you know things generally it's a collegial bunch so things tend to be approved or disapproved based on what the staff recommends but the Commonwealth of Massachusetts offered to double barrel Route Six from Orleans to the from Orleans rotary back to Dennis and so there are 19 members of the Cape Cod Commission including Native American representative and govern you know anyway so the vote to approve that was one in favor and 18 against and didn't I was the one vote in favor because because the traffic jams you see today are because they didn't do it so anyway so I I think if if you're wanting if you want to stay with this plan we've already done our straw boat and we did listen very carefully and the reason you know we we have the variance request in the 35 as Jan has told you is to protect this area which is what we're charged to do and is it scientific no as Jan said it's we really struggled with what would be fair and we understand that there are issues and we've had to issue some variances because of them being over the 35 but we as a group did the straw ballot last time and we could do another now to see if this one is approvable today but if you rather come back and with another different plan well I'd like to have some idea of what the members think about it okay understanding it's understanding it's moving the moving the pool back along the side of the house understanding it's preliminary and you haven't seen a plan and you haven't talked to the owners we haven't talked to the owners that might be a bigger issue so you you would like a straw ballot as to whether we would not even that just what are you thinking just tell me what you're thinking kind of the same me some at least it's a little further back I I think you know there's more than just the pool going in so it's hard to say but you know there is patio there's walkways you know it's it's more than just pool yeah I know it's a great expense to have Dave go back and redo a plan again and I I I hate having people spend so much money but I would really like to see a plan with that rotation of that pool going back a little bit towards the 100 okay one thing that that would address was was I think Eric's comment of having the mitigation going up the sides of the pro property in that if we were able to rotate it and move it back away from the 50 Foot line now the mitigation can go immediately adjacent to the ndz right we're the we're the we're the proposed pool is now basically right I think there's also less um topographical impact by moving it back because it's a there's already a a uh a flatter area adjacent to the house there it is raining wall would not need to be as as large and robust and I think and you already have a wall with steps coming down from the front yard so maybe that can get Incorporated somehow but I am going to say coverage is coverage yeah coverage is coverage cover and there's going to be the same amount of coverage if you put it in the front yard it's not like there's going to be less or more by keeping the pool in this location if you put this size pool in the front yard same coverage as if you put it in the side yard or caty corner it's all the same coverage so it is still the same but yeah and then it's out of our jurisdiction but it's all the same coverage the coverage could possibly decrease more given you know I don't know about Pat you know because there's patio there's steps there's the wall there's a lot of other things so moving the pool might also affect if they can pop it out past that 100 that would spot closer to that staircase in the in the shower there's not enough room there no I mean they we have to sit with the owners we have to sit with Phil Cheney yeah well let's just go with what you just what we just talked about see you know you angling it yeah and if you can give us like a little thing of it in the front yard how ridiculous that would be that might be helpful too if you you know think so unlikely you could do that and the I have to say that in terms of coverage if something was going in the front yard it would be much larger much more coverage I think because it because it you know you're further away from the house so you need areas to sit you need a pool house so you can change and take a shower and all that other stuff so it would really be a very significant development which they don't want to do yeah the applicants don't want to do it anyway so there's no sense talking about it well right where is that except then they get a 12 by 32 foot po Karen could I speak yes absolutely thank you also build the uh pool if you're going to reduce the pool some if you can reduce that patio sum that would all help even if the pool doesn't get reduced the patio reduced at the walls less the proposed patio you know yeah this yeah the proposed not not the exting what's going in because of wanting a pool I'm not asking them to cut off their or make their current patio smaller too bad there wasn't a decking that was per uh perious that would help I would like to see the owners have to go through one interation one rework with as much as what you've heard from us here today in adding more mitigation around the pool this the moving of the pool that way excuse me makes me hopeful that what that we can accommodate what this this family wants to do in their yard it's a gorgeous location and we get it so I think if if Dave could do magic and Phil Cheney is happy with it and he can do his magic too I think it's something really worth looking at okay now Paul I just wanted to add um you know when we look at the preamble to the adjacent Upland resource area um there's a long statement about what that area represents so it is kind of based on science and Janet correctly stated I think that the more you put in there the less attributes you have that are in this natural environment the the significant environment we have as a resource area so it's it's not uh totally true it's not based on science it's it's almost common sense you put more in there I in the first place I didn't say it wasn't based on science I said there was nothing in the record that indicated it was based on science that's all same thing um so anyway that's enough I'm just want to get that into the record thank you Paul okay Janet anybody then I assume you want to continue uh David has suggested the first meeting in February if that's convenient for the February 5th I believe correct yes that I think I'm yes didn't get those out yes so we could continue it to February 5th I move that we continue 217 Woodland way to February 5th 2025 second thank you very much Paul hi Janet I Elise I Eric I Bob I gereral I and I say I thank you thank you very much okay Paul okay Madam chair uh if you can see Matt's back in the room so we can go back to 33 Pine Bluff if you want I can excellent all right do you have to read it back in or uh sure why not just for uh 33 p BL Road Mark and Patricia MZ map 2A parcel 36 se10 3709 project is invasive plant management and planting activities hi there Matt lonberger from Wilkinson ecological sorry about missing the uh call over there I didn't expect you guys to be moving so fast we we're good yeah um so the project I'm here to talk to you about today 33 p Bluff um just to give you a quick rundown of the of the area here project comprises invasive plant management and native plant restoration across approximately 5,900 Square ft of Coastal Bank land subject to Coastal storm Flowage and a coastal Dune portion of the project also falls within priority habitat pH 2156 as defined by the natural heritage and endangered species program of Massachusetts so what we're proposing to do here is um relatively simple we'll be going in removing invasive species there is an area um on the bank that was already a mitigation area that's looking pretty good it has nice big uh clumps of switch grass going and everything um our plan there is just going to be to take out any Bas of vines that are starting to work their way in there um there's a large section of the project uh at the foot of the bank where the coastal Dune is that's currently primarily Rosa regosa because normally we would propose to remove Rosa regosa but because it is pretty much the only vegetation really worked in there it would be probably way too much of a disruption to go ahead and and remove that instead we're just proposing to remove the invasive Vines which is primarily Bittersweet and Vine honeysuckle we are proposing to remove some of the regosa that's growing at the top of the bank and as you can see there's a narrow strip there where we are proposing to replace that with some new plantings um it's a fair fairly simple project I'll open it up to questions okay thank you does anybody want to start questions go ahead Paul how are you great uh at the at the very bottom of that steep bank is it exist an old revetment like you big stones and there's a bunch there a bunch of railroad ties down there yep or are those going to remain or you pulling them out of there we're going to leave those um there's no sign that they're currently failing um although probably there's not a whole lot structural to them we think they were probably put in in the 30s so it was just kind of slapped in there um but again it's it's another situation where it's not ideal that it's there but removing it would probably be more of a risk than right thanks yeah anybody Elise I don't have any questions I just have a thank you for getting into this because it's a beautiful area just chok away so oh yeah look forward to the result it'll look really nice once it's once those choking Vines are removed jenet um could you can you roughly um ballpark the percentage of the bank that's covered in those Vines is it virtually all of it I mean um well it it depends on which part of the bank if not when you're down into the D so if you're if you're looking at the bank as a whole I would say the the coverage gets into the 70 60 70 range um the only reason it's not higher is because of that mitigation area which was from 2014 which had invasive species removal and had natives put in there so that area is still fairly clear the rest of the bank is is primarily Bittersweet especially when you're looking um to the right of the stairs on the plan so I'm glad you brought up that prior mitigation because I wanted to ask about um how this impacts the mitigation plants that are currently there so the the main impact will be that we're removing the invasives that they're competing with we don't have any plans to go in and cut back like to cut anything back so nothing's being removed or cut back nothing's being removed there's one Bay Berry in particular that is very much struggling it's growing um it's almost growing directly out towards the ocean which is pretty pretty unusual cutting that one the mass of that one back in order to let it grow back again would be uh sort of the ideal way to deal with that um during management if it looks like that Bayberry is not going to make it we are going to replace it with another one so at the end of the at the end of this of the day this project given the steepness of this bank will there will then be a good bust um vegetated buffer strip at the top of this bank that will help prevent yeah erosion as as much as there can be considering the limits of the site if you've been there I'm sure you've seen that um almost as soon as you get to the top of the bank it's it's a there's a wall there and some Decks that are all pre-existing but yeah we're our main focus will be uh really making sure the top of that bank is stable which is why there's the FL ltest area that we'll be working is around that kind of circular structure there yeah and there's some that's that was an That was supposed to be a mitigation area under the previous order but I don't it didn't look to me when I looked at it like those plants were still there yeah um probably because that area is so um exposed probably that was especially because it's so close to the property line there probably the first casualties to the invasives moving in okay all right thank you anybody else B it's just something quick I want to just follow up with what Paul was uh concerned about uh the existing U revent the old revent is there's some Cinda blocks in there as well um I'm not personally familiar with all what makes up that revetment um I honest answers yeah but even leaving the cinder blocks there would be a the right thing to do at this point yeah we wouldn't want to dig any of that out without having um a much larger stabilization plan ready to go to replace that so the idea would be to leave it as it is and then at the at the base uh you think Beach Grass will be enough to stabilize that whole area yeah so there is along the base there there are some Bay berries that were growing there that are now dead and that is a really strong sign that it's now getting uh salt water frequently enough that we don't think many shrubs at all would have much of a chance there beach grass is definitely the best uh opportunity that area will have to start reaccumulated sand and you think the beach grass will be enough yeah there isn't a lot of uh you know harsh wave activity or anything like that in that area it's not super high uh in terms of uh energy there are a couple of other projects on that stretch of beach where people have been planting beach grass and they're doing well yeah beach beach grass spreads quick okay thank you anybody else okay I think we can go to an order so how about we've got quite a few for the next meeting um how about February 5th that sounds great okay um if we have a motion I move that we continue 33 Pine Bluff Road to February 5th for an order of conditions second Paul hi Janet hi Elise hi uh Eric hi Bob hi chrst we'll go with I mean Crystal Cheryl I and I say I but Crystal has her hand up yes I couldn't get back this morning in time but um I believe there's an an order on this property that needs to be closed out before a new one's issued can you put in in oh David David it's coming up go ahead uh David Clark Clark engineering we just went under contract with the owners to to close that out so we're in the process of making sure everything complies with the order um and uh should be filing that hopefully within the next three or four weeks so we can always have the order ready and then uh if we haven't closed the first one out we'll just hold off on if we'll continue it until we can do the close okay yep makes sense thank you David thank you all right Paul next one okay uh next on the agenda is uh no 10 44 Waterview Circle Grace Bel Canard map 3 C parcel 64 e-j 9 D number se10 3705 the project is proposed construction of a deck in sunro within the existing footprint and a deck at the rear of the house in the applicants requested a continuance to January 22nd 2025 okay I you so who do we we're continuing oh oh I'm sorry that's right that's right I'm on the next one I move that we continue 44 Waterview Circle to January 22nd 2025 second Paul hi Janet I Elise I Eric I Bob I Cheryl I and I say I okay the next one okay next on next on the agenda is the last item notice of intent before we get to the minutes it's 39 Homestead Lane the owner is Brooks Family Trust map 15c parcel 21 d number se10 3715 the proposed project is landscape and Hardscape and reconstruction within land subject to Coastal storm Flowage and a buff isone to a Coastal Bank we have quite a team here we do okay good afternoon everybody uh my name is Jay Brooks I'm the property owner I'm just going to share the plan hold up Mark okay thanks there go awesome um I want to do a quick introduction and I'll let David and uh Clark engineering and then Lindsay speak uh we're asking to do uh Rel Landscaping of the property due to the pump station project that is occurring on the corner of mil Pond and Homestead I think as you're aware the pump station is rather invasive um I spent the last two years working with the town I have provided both a permanent and a temporary easement the project has extended outside of the temporary easement at this juncture uh I'm okay with that uh order to get the pump Station completed it's not impacting my use of the property um however it is you know impacting the uh the land further so the goal here is to improve the the water flow or the irrigation of the property or not irrigation but drainage uh improve the accessibility um mitigate any of the uh Town's work on the property and then remove uh substantial amount of uh you non-native uh plants so let David speak to his portion there uh for the record David Clark Clark engineering um so the as which is probably obvious uh the main uh resource area is a Coastal Bank which uh about a third of it right now is uh under construction with the town's uh uh Pump Station uh the small amount of the property is within land subject to Coastal storm Flowage which is basically the southwest corner uh the property's been developed for 150 pushing 80 years uh it's one of the older uh neighborhoods in chadam um and it's been primarily used from for uh residential purposes from Homestead Lane all the way down to the Coastal Bank so if you've been out there uh it uh it's pretty much all lawn and older trees so the first part of the project is to uh change some of the Hardscape there is a walkway that goes from the main dwelling out to Homestead Lane uh to the West that's being removed in exchange um the existing walkways uh from the garage to the main house and then around the main house to the patio wall getting reworked uh primarily in the same location um and then there's an existing deck uh off the south side of the garage that's being expanded uh modestly uh uh all that um results in an increase in the 50 to 100 foot uh outter order of 327 Square fet we're already right at or just slightly over the 35% that's in your regulations and this puts us up to 40.8% so 5.5% increase um uh part of that increase is some improvements that are being made on the driveway it's almost outside your resource area uh uh jurisdiction it's right at the edge of the 50 to 100 uh and we're just making the the driveway a little bit bigger to the West uh and adding a a refu area off the uh northwest corner of the garage um to mitigate for that uh we're adding uh a drainage system around the garage uh to collect the the runoff that uh one uh flows down the slope and and hits the east side of the garage we're going to pick up that that storm water runoff and the storm water run off from the existing driveway and dispose of it in a subsurface uh leech pit um the other half of the project is is is largely Landscaping um since the town is occupying the southwest corner of the property with the construction trailer um that area is currently Disturbed and uh Lindsay and Shannon are here to talk about uh how all that area is going to be restored uh we felt it was a good opportunity because a portion of it's being disturbed by the town is to take it one step further and increase the the buffers on on naturalized buffers on that end and there's some slight regrading on the existing lawn one thing I do want to point out the existing lawn is irrigated and what's the lawn will be reduced as part of this project and it will we're proposing to to keep the irrigation when we're done if you have any questions on how the resource areas were delate or any of the heartscape I'm here otherwise I can pass it off to why don't we let her speak and then we'll okay then we can ask questions and comment fully or him speak sorry Lindsay Strode Cape Organics for Mr Brooks um just by just a little bit of History I've been on this property since 2000 when Anne poppleton owned it we did significant Coastal Bank uh invasive plant management which is ongoing um obviously this is all previously altered uh previously altered land um con consistent with that currently very altered especially down by the the pump house um what we're looking to do is really um recover and and enhance the Upland portions of this area that would actually connect um the marsh to Mill Pond a Coastal Bank um with some valuable Upland plant material uh that being said certainly David has already mentioned we're going to significantly reduce um lawn area um we're going to we' like to do some regrading in that retaining retained lawn area um add some appropriate screening in addition to what the town is already uh proposing and limit that Overland flow that you get on your good 2in rainstorms breaking it up so it's not just a straight flush down into and onto mil Pond um part of that or a good portion of that is going to be consistent with removal of non-native and I consider private invasive because you'll find that on the Coastal Bank we have pulled some out down on the Coastal Bank where it wasn't intended um you also have some Norway Maples that continue to make their way uh elsewhere we're going to be taking we'd like to take one large one down that is currently over the house and because of the manner in which the prevailing wind has uh driven it is you know a li ability not only to the house but to anybody walking along in that area and the um the large spinley Spruce that are really a fall Hazard um are problematic which we'll be we'd like to take out as well there there has been some concern with the construction uh below as well just the fact that they have such a high center of gravity they've got codominant leaders they're just they're a fall Hazard just for the people that are working there I believe an email was sent uh from the project manager on that but with the removal of the trees and the substantial takeback of the bank those trees are now exposed to direct wind where they were not exposed before yes we did receive the letter they be great for a log cabin that's they're nice they're nice and straight um other than that I'm happy to to discuss further details with regards to our plans uh there was a landscape plan submitted if there's questions on that as well thank you so before I go to others I um yesterday in our meeting we looked into whether everything that exists in the site plan had been permitted which we do with every property and it ends up all your walkways never were permitted interesting and the deck the the area behind the garage was smaller than what is currently shown and what you'll have on the um on the new plan having said that what I'd like to propose is because you're doing a significant amount of work and it's obviously going to be beneficial um that you add in a in to your narrative your project description and um added into your coverage tables the walkways and the size of the deck as it exists now um as additional coverage we're not asking we're not you know we just want to then be able to have it all in here and it will all be a part of this project and we can move forward so how did you make the determination the deck's not not uh they have a plan from I don't remember what year Crystal if you're on can you or Catherine or even I Paul I can't yeah I got it hold on oh you do okay Paul do you want me to share I have it up on my screen okay yeah I could go ahead let me get this out of the way hold on this is the asilt plan that we found right dat 92622 that's right it was pretty recent so if you just include all of those Pathways I mean it's not going to significantly change of because you're doing more than enough mitigation for the project The Hardscape part of your project so yeah I I don't think the that Asel plan that you see before you now was based on a complete site survey uh because we were it was only a landscape plan we were dealing with a bank so we didn't get the minutia what was going on on the rest of the property because there was no Hardscape being proposed under under under that order of conditions I think a lot of that information that's shown uh certainly 50 to 100 to away from the bank is all based upon Town GIS information we didn't we didn't do well but if you just now include it then because it's not on the most recent as built unfortunately so that's what we're using as our indicator and we're not saying we have an issue with it we're saying just add it in here and and we can then and you're as built when you come for a certific C ific of completion you'll be 100% good okay that way we're up to you know what's currently there and I know one of the pathways you're taking out going to the street so you know you don't have to you can include that as being taken out so it's a wash it's the others so having said that now if anybody would like to comment um yeah a couple things um it's great that you getting rid of the privet um almost kind of mitigation in itself in my mind but any case uh from the front walkway to that patio in the south is that just a misprint you got two walkways one kind of goes a little ways and ends nowhere and the other one goes all the way to the patio um if if it is there you can get rid of it and save some mitigation no no uh so we're we're eliminating one of the Walk yeah you got a tight a short one yeah that one's going away yeah that one's going away okay and if need be you know we just went over this 35% so uh if need be I mean you can you know you can always bring some mitigation planting High little higher top of Bank South of that patio there's some room there and across if you had to you know do you have the landscape plan available I may show you the I didn't unfortunately I didn't I didn't get one you didn't no this one Catherine do you have that in the uh yes I can share it right now yeah we want the public there you go Bingo thank you oh thank you so to your comment on adding more on the bank we've added a substantial amount of to me the privet removal is huge I mean yeah the privet head huge as Eric did mention the 35% but in this case where you are adding is you know pretty far back and yes I and I get why you want to expand the driveway believe me um I know this area quite well because I have family that lives somewhat near it um and I and I absolutely applaud what you're trying to do and you've been very good to the town thank you and very patient it's a mess out there yes it is uh so you know we appreciate that and um you know yes you are over the percentage but really what you're proposing is to do a lot of replacement the driveways really your biggest expansion we have to consider the removal of that Private Hedge yeah and also the removal of 2,800 ft of long oh yes I mean there's so many more benefits so anyway having addressed that anybody else go ahead J hi um quick question so on the um the landscape plan shows a proposed uh expanded gravel parking area um but we're in that semicircle along the road there but that is not on the site plan no because it was just outside your jurisdiction so so it's outside of jurisdiction so it's not okay never mind answer my question yeah [Laughter] that was my parking spot Monday I know the uh the town officers are parking there daily too yep well then you know you're very safe yes I know it's been fantastic I have 15 people checking out my house all winter long it's good yeah uh anybody else Bob sure uh the uh picket fence next to the expanded driveway um can that be raised off the ground a little bit just to allow for uh Wildlife to go through of course I know it's a small thing Lindsay but yeah it helps um and then um the uh the deck when you do the construction will that affect that I think it's a sycamore maple on the corner of the garage that's a large tree are you going to be interfering with the roots at all on that tree now at the the uh the roots come out just to the walkway there so the deck will actually come just to the roots so it shouldn't be any impact to the roots we're talking about one post to support the deck too that's probably within the drip line of that tree so it's just one post so I doubt it's going to have any impact on that okay and uh and all of the privet will be removed that is the intent yes correct go there's additional privet up on the bank uh to the right of the patio that would like to remove as well good okay uh and the sprues will be removed and the uh and some of the um Norway Maples or Sycamore Maples on the bank there they should go the one large one that's closest to the southwestern corner of the house is slated for removal the one that's at the right at the top of the Coastal Bank no because it's just it's too much it's stabilizing that that that edge okay but you need sunlight to get the screening going on that bank to block the uh yep so that one big one if we move it it's going to substantially impact the back positiv oh yeah the one that's closest to the house and reaching over the house that's coming out okay thank you no generator go go so oh yeah sorry there is one already northeast corner of house asking me to add another one there's there's existing one already on the on the drawing so trees are coming out and you have trees going in so but I'm not seeing a list of is it on the trees that are coming out is it on the plan I it's on the narrative it's in the narrative but they should be on the plan it's on the Clark David David's plan oh it's on David I'm looking on the wrong one yeah on our side plan it's the trees with the dot right yep okay um perfect as long as they're marked um everything was also flagged in the field so if you guys have been out there you saw oh we've been out yeah just don't stand too close to the edge of the bank yeah it makes the workers nervous too when they're there working and you're wandering so I I think they honestly tried to save those trees because I think they cheated a little on the excavation it's uh much steeper than one: one which is about the maximum you'd want to go on uh yeah being vertical and uh those trees are looming over them huh all right so we need a new plan that shows different coverage and you know mentions that those Pathways um you're going to raise the fence next to the driveway just a little so that creatures can get through um anything else that I missed only that they want to leave their lawn irrigated do we want to oh yeah I did Mark that but yeah that'll go into the that it's currently irrigated no new it will say no new irrigation can be put in but other than that we will allow of course irrigation to remain anything else everybody I don't have anything down so I think I got everything all right so when would you like to do this well actually I mean it's really just coverage table and and mentioning that the fence will be raised I think how long do you need to get those in I can try to get it in by next Wednesday so you have it well the earliest would be able to consider doing an order is February 5th oh we'll be we have that's plenty of time okay that's I just want to make sure we're not um I think we can continue this for an order to the fifth yeah to the fifth I move that we continue 39 homestad Lane to February 5th 2025 for an order of conditions second Paul hi Janet I Elise I Eric I Bob I Cheryl I and I say I okay thank thank you all right Paul next thank you madam chair last on the agenda uh three sets of minutes uh minutes to be approved are October 9th 2024 November 6 2024 and November 13th 2024 and we need to deal with them separately because different people one everybody was present for which is the October 9th the other two we have different people who were absent so we'll have to deal with them all separately so why don't we do October 91st and we're the there any I made some corrections I think Janet made corrections I don't know anybody else whether they did um does anybody have anything else they want to add or change in those minutes for October 9th no I don't that was so mean no um okay so we can have a motion to accept October 9th's minute I move that we approve the minutes for October 9th 2024 second Paul I Janet I uh Elise I Eric I Bob I Cheryl I okay then we'll go to November 6th uh any modifications to that one besides what was already done and I'll accept all the changes later and Crystal I'll get them to you I'm doing it as we're going oh okay thank you Janet will get them to you no they're just they're in the they're in they're in the in the folder they'll just be all accepted and turned off track changes thank you so November 6th any changes modification you know additions I was absent so I'll obstain for that one me too yeah and Cheryl was I know all right so we can have a motion I move that we approve the minutes for November 6 2024 second okay Paul hi Janet hi polias I Eric I Bob abstain Cheryl abstain and I say I okay the last one November 13th uh anything for that one and this one only Paul was absent um okay we can have a motion I move we approve the minutes for November 13th 2024 second okay Paul abstain Cheryl uh oh Cheryl I Bob I Eric I Elise I Janet I thought I'd mix it up gonna try to trick us I don't know all messed up um okay so with that we need one more motion I move that we adjourn the meeting second Madam chairman somebody's there hello yes Madam chairman yes hi this Frank Ms from the chatam historical commission can I give it just a two second uh announcement so to speak no uh I don't believe it's not on the agenda and so we cannot uh entertain things that weren't on our agenda in case anybody would have been interested right Paul yes uh Frank um you're not going to be able to do it at this time um well it was Frank let me finish zero could you let Paul speak Please Please let Paul sorry it's hard to hear so so Frank um we were told by uh the town that we used to be have things that were unanticipated on the agenda at the end we're not allowed to do that in anymore under the open meeting law so you'll have to call us and you can get on the agenda and discuss whatever you need to do I'm sure it'll be a simple matter but today you can't do it sorry I just wanted to say thank you oh oh well all right thank you yeah I I yeah okay and I will I will ask to be put on the agenda for a future item but you guys have long agenda so uh anyway I wanted to thank thank you sorry sorry we just have to be careful got it I know all right so can we have a motion yes we can I move that we adjourn the meeting second Paul hi Janet I Elise I Eric I Bob I Cheryl I and I say I [Music] [Music] ch for