Heat. Heat. Heat. Heat. Heat. Heat. Heat. Heat. Good afternoon. This is a hearing of the Chattam Conservation Commission being held on April 22nd, 2026 in accordance with the Massachusetts Wetlands
Protection Act and the Town of Chadam Wetlands Protection bylaw and regulations. My name is Karen Latton and I serve as the chair. Please note this meeting is being recorded and will be available shortly hereafter for scheduled and on demand viewing on any
smartphone or tablet device. If anyone else is recording the meeting, including the use of AI note-taking apps, please notify the chair. Pursuant to Governor Healey's March 28th, 2025 signing of chapter 2 of the
acts of 2025 extending certain COVID 19 measures adopted during the state of emergency suspending certain provisions of the open meeting law general law chapter 3A section 20 until June 30th, 2027. This meeting of the CHAM
conservation commission is being conducted in person and via remote participation. Every effort will be made to ensure that the public can adequately access the proceedings as provided for in the order. A reminder that persons who would
like to listen to the meeting while in progress may do so by calling the phone number 1508-9454410 conference ID 972-638-430 pound or join the meeting via Microsoft teams through the link in the posted agenda.
While this is a live broadcast and simal cast on CHAM TV Exfinity channel 1072, despite our best efforts, we may not be able to provide real-time access. We will post a record of this meeting on the town's website as soon as possible.
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 have been recognized. Indicate that you want 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 Paul Johnson >> present. >> Janet Williams >> present.
>> Elise Gordon >> present. >> Eric Hilbert is not here. Bob Delcio >> present. >> And I'm here. So, we've established we have a quorum. Is there anyone who would like to make any announcements, comments, or future agenda items for anything other than the properties on
the agenda today? I am not seeing anyone. So, Bradford, are there any announcements about any requests for continuances today? >> Yes, Madam Chair, there are a few continuance requests. uh the order of
conditions for 19 Cowyard Lane as well as the three COC's for 19 Cowyard Lane and uh a notice of intent for 42 Old Harbor Lane. Uh they've all requested continuence to May 13th.
>> Great. Thank you. At this point, Bradford Power, Chadam's assistant conservation agent, will now lead us through the agenda. First up is an order of conditions for 202 Lime Hill Road, Lime Hill 22 Trust,
map 12E, parcel 4-B6, SC 10-3746. This is for a proposed elevated catwalk maintenance of existing path and mitigation. It was continued from October 8th, December 3rd, and March 11th.
>> Great. Thank you. How are you? >> I'm good. How are you? >> Good. Um, I have heard that the order has been reviewed and you all don't have any changes. Correct. >> We're fine. >> Okay. Commissioners, anything that needs
to be modified? >> Go ahead, Janet. >> I have a a couple of clarifying questions on the um the change to seasonal. So, is the entire length of it seasonal or is there some any part of it that is permanent?
>> No, all the decking comes out. >> Okay. So that it's going to be in in sections then >> and um so it's not a problem to remove those sections and store them out of a resource area. >> Correct. >> Okay. So just wanted to make sure. I'm not sure we I thought we said that in
here, but I just wanted to clarify. Um uh I have a question for the commission. Is there a reason that the variance finding >> is crossed off? >> Yeah, >> I was wondering the same thing. I don't know who did it and I didn't take it out
because I didn't know who had done it. So, >> I thought we could find that out today. So, >> well, it does say that it's in the in the NDZ, which isn't correct. It's in the salt marsh, but being in the salt marsh triggers the the variant. So, if I change it to that
>> and then uncross >> Yeah. and take and >> Yeah. Hit save. That's why I sent it with that c that there. >> Okay. Anything else? >> Bob, go ahead.
>> I got a question now that I think of it. Uh, so it's going to be seasonal. Uh Mark, now uh do you have like any um uh permanent pipes that are going to be in the ground where like sleeves where the structure is going to fit into every
spring? >> The only thing that's seasonal is the decking. >> Oh. >> So the decking is recessed into the frame with some brackets to hold it in place. I see. And then the decking comes out. And that's consistent with all of the other catwalks that we've permitted in the last number of years. The decking
was seasonal. Okay. >> So that keeps only there's no disturbance to the ground. >> Terrific. Thank you. >> You're welcome. >> Anything else? >> Okay. Um now we will go to >> one last clarification because we had it
highlighted. Um there had been a question at the last hearing and I don't about what the exact number of the mitigation area is. Is it 954 square feet? >> Believe it's the 1,200. >> Yes. I think when you included the second part of it on the other side of
the correct stairway, it went up. So, I wanted to >> It's the higher of the two numbers. Yes. >> Do you have that number off hand? >> Uh, let me look. >> Thank you. >> So, but the findings says there's 230 square feet. >> 1217. We've got it. The findings say
what? that there's 230 square feet in the um in the NDZ and land subject >> where what number >> that findings number one says 230 square
feet and I knew that that's why I left the 954 highlight because I was thinking pos possibly that was incorrect. So >> I think >> 1217 is the correct one. >> 127. Yeah. And
>> so we need to update in the findings number one. >> No, I think the coverage is still 230. >> Oh, okay. Because uh the elevation is itself, right? >> Okay. Good. All right. Just >> all good. >> All right. Now, before we go to a
motion, I want to make sure you understand by our approving this um order. It's based off of our regulations and our bylaw. And in no way does that reflect that potentially ZBA will
approve this. And then if ZBA does not give you an approval, you're going to need to come back to us for an amended order. So, as long as that's all understood, we can go to a motion.
>> Okay. If we could please. >> I move that we close the hearing on 202 Lime Hill Road and approve the order of conditions as modified. >> Second Elise. >> No. >> Janet.
I think with the clarification on the seasonal and the removability and it's not being stored anywhere there reducing the impact I will say yes >> I >> Paul >> I
>> and I say I um I am sorry that you didn't make it straight instead of but I'm not going to >> I know I'm sorry the property line isn't straight >> I know But >> yeah,
>> it just takes up a lot more. So >> you do the best you can. >> You are all set. >> Thank you very much everybody. >> Thank you for Thank you for your time and effort in the process. >> Uh next, Bradford. >> Next up is an order of conditions for 19
Cowyard Lane, Leslie John Nicholson, map eight. Oh my goodness. Map 16H, parcel 12-6A. C 10-3771. Uh this is for ecological restoration project. The applicant has requested a
continuence to May 13, 2026. >> I move that we continue 19 Coward Lane to the meeting on May 13, 2026. >> Second >> Elise >> I >> Janet >> I >> Paul >> I >> Bob >> I >> and I say I. >> Okay. The next please.
>> Next is an order of conditions for parcel five Crows Pond Road. Scott Butcher, map 10 L, parcel 5, SC 10-3 3766. Uh, this is for construction of a dwelling and swimming pool in the buffer
zone to a coastal bank. Uh, this was continued from March 11th, 2026. >> How are you? >> Good. David Clark, uh, Clark Engineering on behalf of, uh, Scott Butcher, who's here in the audience. Um, look through the order. Everything looks standard.
Um, we would like to add additional language to special condition D3, which is the April 1 to September one, no cutting of trees, and just add an additional
uh sentence that allows for cutting of trees after an ornithologist has done a sweep and confirmed by the agent. >> Let me find special condition three. I don't see that that
is it under the regular conditions maybe. Uh, page 11M. Uh, oh, sorry, B3, not D3. I don't have my glasses on, so >> there it is.
>> Okay. Did you get that? >> No, I just found it. >> Yeah. Would you say that slowly >> um to allow for uh cutting of trees uh only when the
area has been uh swept uh and uh inspected by an ornithologist and confirmed by the agent? >> Yes, >> if that's okay with Paul. >> He's the bird. trying to type ornithologist
>> bird guy. >> All right. We've added, you know, April 1 to September 1 unless the area has been inspected and swept by a qualified ornithologist and confirmed by the agent. >> Sounds good to me. >> Anybody else? Anything? >> Yeah.
>> Quick question for Ian. >> Um on the Thank you for revising the restoration plan. Um, and oh, that's not the right version of it. Um, oh, oh, yes, this is the right version.
Can you just tell me what the difference is between the red X's and the black X's, especially where the black X's don't have circles around them? I was just doing the final count and I still come to 28 trees being removed for various conditions. Some dead, some
damaged, some in the construction footprint, but the total is still 28. So, I guess I'm asking two questions. Is the 28 number correct? And what is the red what are the red X's signify? >> Um, I believe 28 is correct.
>> Okay. And for some reason this plan I'm getting the spinning wheel on the plan to just clarify exactly what you mean um with that. So just allow me one moment here. >> Okay. >> Do you have it, Bradford? Can you share
it? >> Yeah. >> The red X's are in the pool area. No, they're in the house. >> Oh, yeah. >> And the pool area. >> Oh, yes. In >> and out in the yard. >> Oh, they are out in the yard. Yeah. >> Yep.
>> I'm sorry. I'm having trouble calling this one up here for some reason. >> We're trying on our end. Ian, hang on. We're gonna >> Yeah, that would be helpful. Bradford's going to share it. Thank you. >> Not on the platform, so I can't In the meantime, does anybody else have
anything that they wanted to see >> added or changed? >> Was this on the restoration plan? >> Yes, the most recent one. >> I added uh 408 >> another finding uh 26. All Native
American holls on the site shall be saved and transplanted to an appropriate area so they can so they may flourish. We noticed some American holly out there on the site visit. >> Oh, that's right. We did. >> Did you hear that was in there?
>> Oh, it's 26 says all Native American holly. Oh, it's there. >> Yeah. I I just wanted to let you know. >> Oh, >> yeah. >> It's there. >> Bob added it. >> Oh, okay. Do we have We don't have it yet. Go ahead, Ian. >> I can Yeah, sorry about this. Um, so I
think this is actually just a CAD file. Um, the way it exported the color there is there there is no there's not a distinguishing um difference. There's not meant red is is not meant to be um >> notating anything. I think it's just a
layer color that was applied. So really they're just um >> okay >> black X's. There's no they're not signifying everything different. We will send you like right now a fresh plan just so that's not confusing. >> I was going to say when the COC time comes I know. Yeah. Okay. That would be
great. Thank you. >> Yes. Apologize about that. >> No problem. All right. >> Happens. >> And anything else, Janet? >> I don't have anything now. >> Bob, is there anything else? >> I don't know. I was just going to ask
about any uh dead um trees uh upright or uh lying down. Just wondering if uh we could maybe put something as a special condition in there to to kind of leave them alone
if that's >> needed. Yeah, I thought we had that. >> I thought I saw that but >> um I'm looking >> outside of of the limit of work. Obviously,
>> I'm not finding it. Maybe it's in the findings. >> I don't think so. >> No. >> Okay. So, we'll add something about preserving the dead and and
>> all of them or some of them. I don't know. >> I think they said they would preserve >> any removal is a violation of your regulations anyway. So, any work outside the work limit is >> right >> out is a violation. So, I don't know if it needs to be added. But
>> Madam Chair, >> I think we were just saying that the dead would not be removed. >> Yeah. >> Um, which we had agreed when we were on site and >> add to what >> also had said that if they were lying down
and in the way. >> Yes. Bradford, do you have something? >> Yeah. Um, the in the findings, uh, number 21 says, "Please refer to the restoration plan." Oh, yes. regards to trees and I believe that was indicated
on the restoration plan. >> Um, >> it is. Yes, it is definitely on the restoration plan. So, we're good. >> Yeah. >> Yep. All right. Perfect. Well, we can always the Holl It's good to add. >> Okay.
>> So, then we're all set with that. Anything else? I move that we close the hearing on five crows pond road and approve the order of conditions as modified. >> Second. >> Elise >> I. >> Janet >> I. >> Paul >> I. >> Bob >> I.
>> And I say I. >> Thank you. >> Thank you. >> Next please. >> Next is an order of conditions for 34 Scattery Road. Property owner Nicole Levvenworth.
uh is the trustee. Oh, sorry. Property O owner is Nicole Levvenworth. Applicant is Stephen Angelberg. Uh map 16. Oh my gosh. Map 161, parcel 32-2 SC
10-3774. This is for invasive plant manage plant management and to establish a Vista corridor. Uh this is continued from April 8, 2026. All right. And do we have anybody
here online or anywhere for this? All right. Commissioners, was there anything that we wanted to add or change? I think we were going to add something similar to this one as what we did just
a moment ago about the bird sweep with the ornithologist. didn't they want uh to have something like that into here? So, we just need to add um that work may be done uh as long as a
sweep has been done by a qualified ornithologist and consult consultation with the agent. It's um there's a condition in the standard conditions a pre-construction number one prior to any project activity a bird sweep must be
conducted to determine the existence and location of any nests in the project area. I think I just add by a qualified ornithologist to that. It doesn't say >> right. Okay. and >> or no
>> approval by the agent. Now that we can spell ornithologist. >> Well, I'm not sure I got it, but it's >> I think you did. It didn't come up as saying it was wrong. But um perfect. Thank you. Okay, then we can go to a
motion, please. >> I move that we close the hearing on 34 Scattery Road and approve the order of conditions as mon as written. >> Second, >> Elise >> I. >> Janet >> I. >> Paul >> I. >> Bob. >> Abstain. >> And I say I
one's all set. Next, please. Next up is an amendment to an order of conditions for 189 Moon Penny Lane, Francis and Christine Fabriio, map 10H, parcel 6, SE 10-3713.
Uh this is for title 5 subsurface sewage disposal system within land subject to coastal storm flowage. The amendment is to expand the mitigation area to include native uh to include invasive species management. Uh this is phase two and
continued from April 1st, 2026. >> How are you? >> Hello. Good. Thanks. Katrine Higgins from Bartlett Tree. And in the first hearing, um the phase one, I think we we described the the project and our
approach to removing and um treating the the knotweed. And I guess we'd be happy to answer any questions. >> Um, anybody have questions, comments? Go ahead, Bob. >> Hi, Katrine. How are you? >> I'm good, thanks. How are you? >> Good. Did you look at the cedar tree?
>> I did. Thank you for reminding me. So, I believe that's an arborite and it had been cut. Are are you referring to just like seawward of the notweed area kind of down in the sloped area? There's it was fairly significantly significant.
>> Yeah, I think they were they're two cut uh on the on the by the by the edge of the grass. >> Yeah, one was dead. That might be a cedar and then the one that's alive is an arborite. >> Okay. >> But um it looked like an older cut or older cuts
>> and um this homeowner purchased the property in late 2024. Spoke with him and they it had already been cut. So it was the previous owner who has owned the property since the 40s. >> Then there was a lone cedar tree um
kind of by the uh notweed. Uh >> it's in tough shape. >> Yeah. >> Yeah. >> So what we can do is there is bittersweet and I think probably porcelain berry climbing up it. We can cut and treat that and hopefully free it a bit. >> Um there's not much else you can do for that cedar unfortunately.
>> Free it from free it from some competition. >> Yep. We can definitely do that. >> Yeah. Okay. >> Okay. Thank you. >> Thank you. >> Anybody else have anything? >> I think we did everything last time.
>> Yeah, I think we did. Um, all right. Now, we have to figure out when we can have this. We have a very busy May 13th meeting. So,
if you can wait, it's appreciated, which would be May 27th. If you truly can't wait, we'll squeeze it in. >> It's just that it's not weed. >> I know.
>> Otherwise, I exactly any way to >> squeeze it in. I would really appreciate it. We will. >> I mean, typically your your amended orders are relatively short and in New York. So, >> I agree, but we have a lot, but we've got time. So, I think we can
>> Thank you. We appreciate that. >> What treatment are you planning in the in the early spring? >> We first would like to mow it. Um, >> what does that do in terms of if you're doing the actual injection in the fall or the late summer? What I've noticed
that why does a mowing happen? It helps because all the dead stocks are gone then and and it kind of just it um reduces its vigor. >> Okay. >> Over time um just so that the treatments are more effective >> and then you'll need to cut it again in the late summer, early fall when you do
the Okay. >> Okay. Got it. >> Okay. So, >> we can do it. >> Yep. We're going to do the 13th. I move that we continue 189 Moon Penny Lane to the beating on
May 13, 2026 for a an order of conditions phase two. >> Second, >> Elise >> I >> Janet >> I >> Paul >> I >> Bob >> I >> and I say I. >> Thank you very much. >> Thank you. All right, the next one
Bradford please. Next up is an amendment to an order of conditions for 88 Seagull Lane, Richard Logan, map 15A, parcel 6-H137, SE 10-3533.
This is for repairs to eroding areas of the existing driveway. Uh, this is phase two and continued from April 8th, 2026. >> How are you? >> Hello. Um, all right. So, I was here two weeks ago to present the proposal to
fill in the low points um at the driveway of 88 Seagull as well as add rip wrap to the uh depression at the back to prevent that north to south flooding from outermost harbor um to the back of the property. Um at that meeting
the commission um advised me to find out from ZBA um if this is going to be an issue and I said that I would look into it and maybe reduce the scope to whatever amount of fill they would be willing to approve. Um and then I was also supposed to come back with a
separate mitigation plan and information on machinery to be used. So I went to ZBA after our meeting. Um I spoke to Sarah Clark over there and she explained everything to me. Um but the point is that they would not approve any amount
of fill um in a flood plane. So uh they only allow uh driveway maintenance. So uh any fill or regrading or anything that we originally proposed um they said even if we went the route of a variance they don't see an avenue for approving
it. So, even if we were able to get it approved by conservation, um that would be an immediate no from ZBA. So, we're going to kind of redo our scope um and just do driveway maintenance. Uh they don't have an exact definition for that,
but I went over with her if we just replace the gravel exactly where it is um and remove those railroad ties, does that fall into the category of maintenance? And she agreed that it would. Um so we can kind of avoid the ZBA you know process and rejection
for the fill. Um so and then in addition to not filling those low points we're also we're not going to do anything with that back depression uh with the rip wrap. Um so we kind of have to let the water continue to do what it does and replace the gravel as needed kind of
annually. Um so the owners have agreed to that. the contractor agrees to, you know, check on it every year and do what they need to do. Um, so that is our new scope of work. Uh, that being said, I went to Crystal and Bradford at
conservation to let them know last week that we were going to, uh, reduce our scope of work and to see if any mitigation is required. Uh, they said that if we are replacing like for like in the exact same spot, no increase to coverage, that mitigation would not be
required. So I edited that in the documents. So there is no mitigation plan for this. Um and then lastly, as far as the uh machinery goes, I edited that in the proposed work protocol and I spoke to the contractor who said they'll
only need um to use a skid steer for the driveway maintenance. Um so that's the the shorter version and reduced scope of work. So, it's really down to just replacing the native stone in place and removing the railroad ties.
>> And it's still 3/4 inch native stone. >> Yeah. >> Okay. >> Um, anybody have anything to >> say? It's pretty simple now. >> Okay. >> Yeah. >> Less costly. >> Yeah.
>> How how much gravel are you going to be using? Do you know? >> I'm not sure. It'll be exactly the same coverage, though. >> Okay. Do we need to know if they're replenishing it each year? >> I don't think so. I think you're good.
>> Yeah. I don't think it will be the whole I think this will be the big job. >> Maybe like, you know, where if it really gets washed away in that one one area, maybe just a little maintenance each year, but this will be the kind of the big >> maintenance this year, >> right?
Okay. Then I think we can have a motion. Um, now can you wait until May 27th >> to begin the work? >> Yeah. >> Well, to get the order approved so it doesn't h once we approve the order. It's not immediate.
There's a a >> a waiting flag. >> Um, only because we're very full. >> Although this one's pretty darn easy. Let's We can do it May 13th. Oh god. by protecting May 13th is not working
>> is would I attend that meeting or is that kind of >> well you will receive a copy of the order okay the amended order and >> if you have no modifications then >> which I can't imagine you would no considering >> set on the plan now
>> um then you're good >> okay >> you know just send something back saying that there are no modifications requested >> all right and that'll um >> go through May 13th. >> Okay. So May 13th we are >> I move that we continue I move that we
continue the um phase 2 on 88 Seagull Lane to the meeting on May 13th for an order of conditions. >> Second Elise >> I >> Janet I Paul >> I >> Bob >> I >> and I say I so thank
>> thank you and just one question for the owners. Um, is there a reason that we don't approve it at this meeting and that we >> because we haven't written it. >> Okay, got it. >> We have to write the amended order. >> Okay. So, it's and then send it to you at before the next meeting. It's usually
will go out Monday before the meeting at the latest Tuesday and then >> at that meeting we will approve the amended order. >> I understand. All right. Sounds good. >> Thank you. >> Okay, Bradford. All right.
Next up is a notice of intent for 42 Old Harbor Lane, Peter Harris, map 16I, parcel 20-m SC 10-3768. This is for a raise and reconstruct guest house with uh patio and stairs. Um
the applicant has requested a continuence to May 13th, 2026. I move that we continue 42 Old Harbor Lane to the meeting on May 13, 2026. >> Second. Elise. >> I. >> Janet. >> I.
>> Paul. >> I. >> Bob. >> I. >> And I say I. >> All right. The next please. >> The next is a notice of intent for 45 Old Harbor Lane. Holly Todd, map 16i, parcel 6-1-mr1,
I see 10-3776. This is uh for proposed house and site improvements. >> Do we have >> Good afternoon. For the record, Sean Riley with Time Bond representing the applicant. I also have uh Ian Peach from Wilkinson Ecological and uh Jonathan
from Schneeberger Collective should be in the audience as well as Leslie Schneeberger, I believe, is online. Um, just a little housekeeping before we get going with this notice. There are three uh open orders of conditions on this property. Uh, one from 1995 for the
septic installation. Uh, Vista pruning project in 2004 and, uh, Ian is actively working on a large restoration project. Um, the order was issued in 2023 and, um, that's still ongoing. So, uh, we'll talk about that one, but we have filed
for, uh, certificates of compliance for the first two, the 1995 and the 2004, and that should be on your agenda, uh, in a couple of weeks. >> So, for the uh, project that we have, I'm going to share my screen.
The existing conditions survey performed by Merill Engineering. Uh we have a coastal bank uh which we have shown here in uh magenta. We've got a dune uh that was flagged uh in yellow
and we have an in inland um bordering vegetative wetland conservancy district that's shown in green. The 50ft and uh buffers are shown in red and the 100 foot little piece is shown in blue. Um the two wetland 100 foot buffers
overlap. That's why you don't see one uh in this area down here in the lower section of the property. The existing dwelling uh encroaches into uh the 50ft buffer. There's an existing septic system that I've shown in brown here. Um
that is to the rear of the property. And um just to give you orientation of where things are before I jump into the proposed the um I applaud the the homeowners for looking at utilizing the uh existing space um to the best of
their ability rather than doing a lateral expansion. Um there's an existing um cinder block basement uh underneath this wing of the house, the northern wing of the house that um is old and leaking and they're looking to
um do the renovations for their pantry uh and laundry room down in that lower level. But to do so, uh they're going to need to replace that um that section of the foundation uh before they invest the money to to redo that. Also, as part of
that um foundation replacement and renovation, it makes sense to do uh an areaway access uh with a staircase uh that leads down into that area uh to provide easier uh access within that area. As part of that um renovation,
they'd be looking to put a a small mudroom addition um on the the landward side of um those those renovations uh with steppers leading over to a proposed outdoor uh patio and a grilling
area. Um Craig Schneeberger, arborist, has taken a look at that existing tree that's adjacent. That will remain. Uh we won't be removing any trees uh as part of this project. Uh the other addition that they're looking to do um is just to
expand the um the sun room addition um off of the backside the landward side of the house within Can you see this photo that I'm showing? >> Mhm. >> Yes. >> Uh within this area of the existing patio. So, this is the existing uh rear
of the building um here and they're looking to add on and then add that patio um between the the tree and that that screen porch addition. The other part of this project is um a
rinse area. And I know that you're going to have comments on this with uh the rinse area being within the the uh 50ft buffer. Um this area is all invasive privet um which we're intending to
remove. The um the garage uh cottage is um is used by another party uh on the property. So they're looking for a place to have uh privacy. Uh we looked at putting it on the opposite side of the
house, but we have NHSP habitat on the other side of the house. bringing it further back brings it into uh this heavily vegetated uh area uh in here and the um the further sorry
the further we push it back into this area we get close to the septic system and the brick walkway that leads right to the uh the front door. So, um, this is why we chose that area to put that that rinse area. So, when they come off the beach, they come up and and rinse
off and then can go into the house. Um, the coverage table, there's a question about the coverage table. We provided uh within the package um the coverages and the total coverage within those
buffer zones. I'll be glad to provide this to you as well. The one thing that we didn't do and I know you have concerns about expansion within the 50 to 100 uh is provide you with a tally of what that total coverage would be post construction
>> and it's only 13 >> percentage correct. >> So that percentage is only 13.2% of that uh 50 to 100 foot buffer for coverages. Um the the coverage number that we have is the total coverage of
the zero to 100 foot buffer at 6.8. So um we can we can provide you with this documentation, but it's essentially only 13.2 uh% of the entire property. The um the last piece is the mitigation. And I'll
let Ian speak to uh the restoration project that's going on right now. And I know that we're really looking to advocate um these voluntary restoration projects. This is over 30,000 square feet of restoration. Um and we really don't want to take it away from homeowners that have projects um that
happen either concurrent or post restoration to have them uh hold back on anything that they want to do voluntarily. So, I'll let Ian speak um to the restoration project that's going on right now and give you an update on that and then I'll open it up to any
questions that you may have. >> Thanks, Sean. Uh appreciate that introduction. Happy Earth everybody. For the record, Ian Peach representing the project from Wilson Ecological Design. And I'm really pleased to be able to just take a moment to kind of give an
update. We don't often get to do this. Um, usually it's right on the front end and we all have our best hopes um and aspirations for a project, but in this case, a project that was initiated um through the permitting process in 2023 and and initiated on the ground soon
after um is a great project to speak to the successes, the merits and really the the ecological benefits. Um it was a voluntary project which is a key a key thing which is amazing on a residential scale to come forward in that way and it
was a comprehensive project. Um here we we were really restoring approximately 30,000 square ft um of area that range from a densely invaded coastal bank condition, but also interestingly these
interstitial conditions that range from a a bordering vegetated wetland, a wetland buffer um that was invaded and these transitional zones between the coastal bank, the coastal bank buffers and even into the woodland. So, I think right now what I'd like to
do is just show a couple photos that are from this last summer's moning report. We've um we have uh done two monitoring reports. So, um we've got those in the books, 23 and 24. Um and I want to Can
you see my screen here in this photograph? >> Yes. >> Great. So, just real briefly, this is an update to kind of understand where we are. This is the coastal bank here um looking northeast. A pretty steep grade and we got awesome germination over time
of our um native grass mix holding the base and then you have the shrubs taking off throughout the bank and a really nice golden rod base coming in. We also I wanted to note in here which was fun visiting the site yesterday seeing that some of the snags that were
intentionally left have cavities in them um and have been used clearly for cavity nesting and hopefully will be again uh this season. This is kind of looking up the coastal bank a little bit. Um, again, this was a really fully invaded
private shrub honeysuckle condition and now we've got um a really nice restored both meadow and shrubland habitat. And then you kind of move a little bit into the more wooded overstory area that again was heavily invaded that we're
able to manage the invasive species, establish a native grass base um and interplant the shrubs. This is this last condition which we really exciting to be able to work both in a coastal bank condition but also um
abuing a a freshwater wetland and and this this buffer to the wetland has really taken off. We've got um again a nice mix of shrubs, a really thriving um base of the native grasses, and as of yesterday, you know, we're we're on the
docket for our continued maintenance. certainly that third monitoring report as well. But we're getting to that really nice place in the project where, you know, I'm seeing a couple multifllora roses come up, but you've got a stable and established native plant community that really will have a
a long-term impact um going forward. So really like what I wanted to take a moment to highlight and I'm really happy to do it is the scale of this project, the success of this project, the unique nature of being able to get a high diversity of native plants because we
have the wetland edge context and we have the coastal bank resource complex context. Different in soils, different opportunities to bring in some different species and therefore we have greater plant diversity on a residential site. Um, and we're, you know, we're on on
here for the long-term stewardship. As Sean articulated, you know, we still have the open order. We'll have this third monitoring report. We'll be chasing out those last final invasive plants um and keeping a close eye on making sure we're setting this in motion
for the long term. So, I'm happy to speak about it more, but um it was pretty easy to celebrate the merits of this project because on a residential scale, it was definitely large, comprehensive, um and brought a lot of unique species diversity to a
residential property that started out as really three or four um primary invasive species that had overtaken both of these wetland resources. So, thanks for listening to me and happy to speak uh to anything more. >> Thank you. Thank you.
>> All right, commissioners, any questions, comments? I I certainly have a few. >> Sean, you're right. I'm not excited about the rinse station at all. And it is
way too close. Um I I can't I can't go for it. And and just so you know, um, you know, I I understand they want the mud room. I
understand, you know, they want a patio, a grilling area, a screened porch, all of that. But if there's a way to pull that rinse station into the outer aura, I then I could see approving this. I I
really where it's located. It just isn't I I can't just so you know. >> Unders Understood. >> And then as far as while I very much appreciate all of the work that's been done on that property
um voluntarily and that we always have applauded. Uh, I I have a problem saying something that was done is has been done previously can work for what
you want to do now. I think it sets a precedent that I'm not I I don't think we want to set, but I'll let other commissioners voice their opinions on that as well. So, those were my things.
>> Uh, go ahead, Janet. Um yeah, I too um congratulate and applaud the homeowners for doing this voluntary restoration plan. It is um I'm glad you showed the the photographs from the growing season because looking at it, I was not able to tell which parts had really uh worked
well. Um but I'm glad to see that it's all successful. And you know, we're not we're not bureaucratic jerks. Um, but we've never allowed credit for a restoration project that was done previously to allow to to act as
mitigation. Um, it just I think Karen's right in saying that it sets a bad precedent. Um, it's it's just contrary to to the at least to the spirit of the uh permitting process, if not the letter of it. I'm not sure that the D has any
particular stance on it, but we have been asked before um and we've refused before. So I I'm I don't want to start making exceptions um because it would just open up a a Pandora's box. That said, I don't think that that um
mitigating this um would be all that tough. Um two things come to mind. Um one is you're saying you're removing the privet anyway. Um, assuming that there's, you know, no other place to put the rin station and Sean, I need to hear
one more time why it can't move over that 50 line. Um, can a rinse station not be on top of the components of the septic system? Is that a problem? I don't know. Um, but if you're removing that privet and you plant some natives around the rinse station, wherever it
ends up, I mean, I think that would act as mitigation. And the one thing that really kind of bugged me on site was the stockade fence >> that's out around what may once have been a garden but is no longer. It's lawn area. Um and I'm not sure what's
you know it's got some border plants. It's not working to keep any wildlife out because only three sides exist. The fourth side is totally open. So it's not really performing any function. Um, and I would suggest that removing that since
it doesn't seem to be doing anything anyway will open up a view and will uh could also provide some mitigation. And by my calculation, even if the rin station were to stay where it is, and I'm not saying that I, you know, you've got 197 in the no disturb zones. So
mitigating at 2:1 and 378 in the outer aura is only 700 a little over 700 square feet to mitigate this project. and uh somehow those two things might get you there without any big problem. That's just my suggestion as a as a a way of meeting this without having to
create any unfortunate precedents. >> Can I ask you do you want to speak? >> Yes, please. >> Would you identify yourself, please? >> Jonathan Fox with Schneeberger Collective, uh the architect. So, um I just wanted to add quickly that the stockade fence is planning to come down and be removed. Oh,
>> I saw in the plan that the one the one part of it near the existing cross entering the cross is coming down, but I didn't see a notation on the other one. >> Yeah, >> I would call that I would credit that with some mitigation credits. >> Absolutely. >> Okay, great. Thank you.
>> All right. Anybody else comments, questions? If I if I could just respond to the the um the restoration portion of this not counting as mitigation. Um I think it's
something that perhaps uh the the agents could speak with the agents in in Barnstable because I think that they've had much greater success. They have a banking plan in place in Barnstable for just this reason. um that now people if
they hear that they're not going to get credit for these projects may not advance those projects if they have an upcoming project that they want to and need mitigation for. Um so I I just it I have a little concern about that and not getting credit for this type of work
because you know it could be 5 10 years that you're getting the benefit of doing this invasive removal um for a project that may or may not happen in the future. So, you know, I applaud Barnstable for taking that on and put in and initiating a banking program where they track what they've had and they
have a duration on that that timeline for getting credit for that that banking. But I I think that really this commission should take a a closer look at that, especially when um we're getting a significant benefit for the homeowner and the homeowner's expense of
of doing this work um to enhance the wildlife habitat areas. So that's all I I want to say on that. >> Thank you. >> Well, when you look at the amount of coverage that it's increasing, um I think if as we've said, if that
stockade fence is all of it's coming down and not just the portion that it looked it was pointing to saying that was being removed, that definitely helps. Um I also think you need less mitigation if you get the rinse station and TR trellis
out of the NDZ. You know a lot of things you're doing are in you know you are adding in the NDZ with the U mudroom and uh the entry and then the rinse
station. But the thing I really have an issue with is the rinse station uh and its location. Um, >> understood. We'll go back we'll go back to the client and press back with the client and have that discussion and see if there is something that we can do
about that. Um, I just want to be able to address everybody's concerns and hear if there are any other concerns from >> Yep. >> No, I appreciate that. Uh, anybody Bob? >> Uh, Sean, the material for the uh grilling area uh that's the surface
there. What was the proposal for that? Leslie, can you speak to the um >> the materials for that patio? >> Is it going to be a dry laid? Is it going to be a wet set? >> It's a dry laid. >> Has there been a decision on that? >> There it has. I Sorry, I was having
trouble with mute. I apologize. It's a dry laid brick patio. >> Okay. Is there any going to be any drainage uh associated with that uh area? >> I don't think we'll need drainage. such a small area. >> Um
>> um if if I may, Sean, um that was part of um so we had the the Kwanzon cherry looked at to make sure that we weren't jeopardizing that and we want to make sure that it actually just filters right back down to it through the patio. So we're not putting anything additional there. >> Okay.
Okay. Uh you may want to make a note of that on the plan um so that it's uh so we can see that it's pvious. Thank you. Okay, anybody else? One thing that I struggled with and only
because I we've never had this happen is somebody who's taking a crawl space foundation and make and digging down deeper to make it a full foundation. And I think now I understand why because you've had leakage and um so you've got to repair it anyway. But I mean, we
don't usually deal with going down, but it it does it's less. Can I >> Yeah, just for clarification on it. I apologize. I just had a a conversation with Leslie right before this meeting and and it is. In fact, I was looking at the other areas of the house that state crawl space and was making the
assumption that it is crawl space with a bulkhead, but I received clarification that it is a full foundation now. It's just leaking >> that portion, just that section, not the rest of the house. >> It It's a cinder block. Just to add to that, it's a cinder block foundation and it's cracking. So, it's it's a weak
foundation that has a problem, but it it's a we're already using the same depth. >> Oh, okay. >> Well, that makes So, I'm sorry. I'm sorry. So, what does that mean? So, underneath just that one portion or underneath the whole structure of the house is a full
>> just that one portion. >> And so, the project is only replacing that portion or >> correct. Oh, okay. >> Yeah. Yeah. >> Okay. Thank you. >> That's better. Even though I I couldn't
figure out how we would deal with it, but was just one thing. Um, anybody else have any qu comments, questions? All right. So, you're going to go back and evaluate the rinse station. You're
going to add a note on the plan about the grill area and that it's uh dry laid and pvious. Um and does the plan for that area does it
say it's a crawl space? >> Yes, it does. >> It does. >> It it does. I'll correct that. >> Okay. So, if you could >> and we can provide documentation that Yeah. and put somewhere on this the coverage percentage that you said was 13.2%
in the outer aura. >> Um is there anything else that I missed? >> Is there do you need a uh um natural heritage? >> Yes. >> Letter is that about >> I had written down that they're getting one. >> You're getting it. You don't have it yet.
>> Yes, we we've submitted. We just need uh a response for them that it's no take for that area. Right. >> Okay. We also have to go to zoning board of appeals, but um we don't have a date yet. So, but we I'd like to come back and resolve these issues before we um and that way you can feel comfortable
writing. >> Actually, I Well, you do have a date. It's May 28th according to to Sarah. >> Really? >> Yeah. You're May 28th. >> So, that's funny because the project attorney I just Oh, anyway. Okay. That's
what >> we would like to come back anyway before then to resolve the uh the outstanding issues and clean this up. >> So, could you come back to us May 27th? >> Absolutely. Absolutely. And and we can
Yes. And we can submit the uh the modifications to the plan and and hopefully sort out the uh the rinse area. >> Perfect. Um, is there anything else anybody had before we uh mo move to continue it?
>> All right. If we could have a motion, please. >> I move that we continue 45 Old Harbor Lane to the meeting on May 27th, 2026. >> Second. >> Elise. >> I. >> Janet. >> I. >> Paul. >> I. >> Bob. >> I. >> And I say I. Thank you. >> All right. Thank you all.
>> All right. Next. Bradford, please. Next is a notice of intent for 93 Woodland Way. Peter and Diana Agnes map 12K parcel 17-HC36
SC 10-3775. This is for proposed shed and removal of existing patio and mitigation plantings. >> Great. Thank you. Hi. >> Good afternoon. My name is Jake Frigy. I'm here to I'm a professional land
surveyor with Caven Islands Engineering and I'm here to represent the homeowner for this project on Woodland Way. >> We've filed this notice of intent application to construct a garden shed within the outer aura.
This project is proposed on a developed parcel on the southerntherly side of Woodland Way, which is a a developed neighborhood abuing Ryder's Cove. The surrounding resources include land under the ocean and land containing shellfish in Ryder's Cove, a salt marsh, a coastal
bank leading up to the developed portion of the property, and uh there is a flood zone along that coastal bank as well. This is a 29,000 square foot upland lot which currently has a house, a pool, and
a garage including some driveway. Uh, and the applicant is as well as a small patio down by the by the coastal bank. The applicant is proposing to remove that 118 square foot of patio which is within the uh no touch zone and install
a garden shed just outside the no touch zone which is a slightly smaller square footage. The patio is 118 square ft and the shed is 93 square ft. uh the the area of the patio is going to be replanted with a
New England seed mix and uh we we do note that there's a couple of trees which are fairly close to this proposed shed and we're showing them to be removed and replaced with four trees uh in within the no touch zone along that
east westerly side of the property. Uh we're also showing a uh 835 square ft of mitigation planting which was previously approved under an order of conditions 10-2817
and a compliance was issued in 2014 for this but at the time of our survey we observed that that mitigation planting didn't appear to be there. So we're showing that that planting to be installed as part of this project.
Um, we believe this project meets the performance standards of the local bylaw and are happy to ask any questions. >> Thank you. Um, anybody want to start? Anybody? >> I can.
>> I'll start. Um, so the mitigation, so the last thing you said was that the mitigation for the the uh 2014 order of conditions does not app was an order of was a certificate of compliance issued for that and then the
mitigation plans disappeared >> seemingly. Uh, it's unclear to us. The homeowner bought the property in 2016 and they say that those plants were never there to their to their college. But you did get a a certificate of compliance from the commission at that
time. >> Uh yes, we weren't we were not involved with the project at that time. But um but a certificate of compliance was issued. The uh the the order of conditions was from 2012. The work was completed between then and then in 2014
uh certificate compliance was issued. >> Okay. Oh, only two years afterwards. Okay. And so the area marked in green on your plan proposed that's the >> the that was the old mitigation area
that you're now proposing to restore it or >> that that's correct. That's that area is currently lawn and we're we as as a in the course of this project looked through the old permit plans and observed us discrepancy between what was shown as mitigation and what we were
showing as edge of lawn. And so we're showing we're showing that area to be mitigated retroactively, I guess you could say, for the work that was approved in 2012. Um, but in the duration, the plantings
are no longer there. I I can't speak to how they became not there, but >> well, it happens. Um, which is uh so I'm trying to find it says uh refer to restoration planting plan. Is that I
don't see it in our digital. >> No, I don't have it either. That was one of my questions. >> We don't seem to have a planting plan. >> So the it's a planting plan that's associated with that former filing. We we did not >> Oh, you want to do the same thing again?
>> Right. So my what I'm what I'm saying is is that the plants that were proposed then and approved then we're just saying those should be planted as they were supposed to have been planted originally. >> Okay. Do we have that? >> But we don't have that.
>> We don't have it. >> Do you Bradford? >> We might have a physical copy but we don't have an electronic copy so I can't pull it up. And I I haven't any >> I received from uh from staff scans of those copies which I have before me
here. Um we can certainly add PDFs of those formerly approved plans into the into the record if if that would be for you. >> We just don't have a scanned copy. So I mean we have to have something.
>> How would we do this? Um because we need the plan to be associated with this order. >> Well, the order the the the the proposed plan does refer to a restoration planting plan. So if we approve a restoration planting plan,
>> then that would attach it to this order, but we just have to see it. >> Know what it is though. >> Yeah. something that was approved in 2012 may I mean or may not >> you know even if you could say on this plan >> if you if you mind I could I could walk
over there and I could sh I could show it to you that would be helpful for the purposes of this discussion >> well we'll need to see it and we'll need to take I understand but no >> we trust that there is one >> and I mean you could even because you've outlined the area
>> um you know say I'm going to put in, you know, so many of this and they're this size. If you add that on to the plan, >> you're good. >> Then we'd know because you've outlined the area that it's going to be. We just
need to know numbers and size and species and it has to be native obviously. >> Yes. And I'm not sure >> what you know what that one had. You know, our regulations have changed since
then. >> Okay. >> And so, but you're not doing any other work in the NDZ. So um you know it's not it it that will
more than satisfy the need for any modification you're making in the outer aura. Having said that and I don't know if anybody >> I'm not excited about Oh go ahead Bradford. >> I found a copy of the plan. >> Oh good. >> Online.
>> Yes. >> Cool. >> Oh here it is. >> Nice. >> Oh thank you. So, how can he incorporate that into this one? >> This this application? >> We'd have to reapprove it. >> Yeah. >> Yeah.
>> But and say that it's for this residence now, you know, where I'm not sure what ours look like then. >> Well, it looks more it it it looks more substantial than the area that you're talking about. >> Yeah. you know, the whole it looks like I assume that's the western property
line um where you want to put the shed is not would not be part of it. Just the areas on the on the water side, >> right? >> Yes. And a a different plan that that perhaps Bradford also has access to uh which was the the the permit plan. This
is the Wilkinson's restoration planting plan. some of which was considered to be mitigation and some of which was considered to be um maintained planting area. U for instance on this >> you have to stay at the mic. >> Sorry.
>> Do we have the pointer? >> There should be a pointer. >> Yeah, there you go. Uh so this this area over here is obviously shown with with proposed plantings but on the permit plan uh prepared by
coastal engineering uh that area is is hatched differently and it's identified as an optional maintained planting bed. Whereas this this area that we've identified in green on our plan is is the uh area of existing lawn to be removed and planted with native
plantings uh for mitigation and it's the 835 square ft. Then maybe rather than trying to resurrect that plan which has too many differences, could you just, you know, take the information if you think that if those are all native plants that are
proposed for that area and just add them on the side of your plan saying here's what's being planted, >> the number and size. >> Yeah. >> And species. >> Yep. >> Okay. >> We can do that. >> Um and maybe say left side, right side or something because there's two sort of
separate sides. Yeah, it's bifroc bifurcated by path going down. >> Um, having said all of that, >> um, in the outer aura, our rags, we allow 35% coverage
and you're already at 50% and now you're trying to go to 52.3% coverage. Uh, that makes me uncomfortable. There's a reason we've made it 35%. And I understand everything else is here and
that's fine because it's already there and you know we're not saying remove anything but is there any way to move this shed out of the hour aura or maybe very far back in the outer aura. So I
mean this is literally on the 50 foot buffer line. So, not only is it in the, you know, you're over in the outer aura, but you are as close as you can be without being in the NDZ. Um, and I get why you did it. And if you moved it, you
maybe wouldn't have to remove those trees, which I don't really understand why you have to anyway. Um, but that's my thought. With regards to the trees, if it is possible for them to remain through the
course of construction, obviously that would be preferable. Um, they are neither of them are actually within the footprint of the shed. And so, >> if >> you know, I'm not a I'm not a builder. And so, if in the course of that construction, if they determine that the
tree could be limbmed up in order to allow for the construction, I think that would be just fine. We're just >> by showing them this way, we're making sure everybody's aware. We know there's trees that are really close and right >> they may be impacted by this construction. >> Well, if they are and I know you're
replacing the trees so you know it's not a big issue but I mean it's on this shed is on sona tubes so hopefully it could be the removing the trees could be avoided but still I do have that
issue with the shed. So that's just me. Um I'll let others go. >> Anybody? >> Yeah, I'll just I'll just follow that up and say that um specifically the regulations say that if you are if if
the project is in excess of 35% it requires a variance. So um >> they did ask you but for that shed for the for the coverage. >> No, I'm sorry. I didn't. Okay. Yeah. Uh >> because I mean you're you're you're at
50% largely due to the you know patio area that's covering the outer aura and part of the house. >> Fix the >> variance request. >> Yeah. I mean you could put it in the no disturb zone which would fix your your >> No, >> you need a variance for that.
>> No no no. >> Um over the line. Uh well you you you're you're you're netting you're reducing by that patio 118 square foot in the no disturb zone >> right >> so and you're increasing in the outer
aura by 96 you know to me I would give you credit for removing the patio as a mitigation effort but that's just me. >> Oh absolutely rather than have a negative impact. Yeah. I mean, and then I would, you know, given all of that and
the fact that you're already at 50% and you you can't, you know, there's no way of going back down to 30. >> Certainly not. >> I would it would help and I would I would be able to support it at that point, >> especially with the with the nice mitigation at the bottom, restoring what
was once proposed to be >> good mitigation. >> Bob, >> I got a question on that. patio was it permitted? >> So that patio is shown in the in the
2012 permit plans slate patio to remain uh and it it is shown as a box there on the Wilkinson plan as well. >> I guess so. >> Okay. >> Yeah. The next thing, um, if if the the shed stays where it's proposed,
um, the cedar tree behind the shed, that could be limbmed up, like you say, that could be pruned >> and as well as that white pine. >> Same same deal with that. >> Um, so I' I'd like to see those trees remain. And they are um,
you know, concealing the shed somewhat too, you know. Certainly. >> Um, >> and I I agree with you that clear and careful uh work could be done there and the trees could probably be uh be able to remain in in their positions,
>> right? And as also there are some there's some plethora uh summer suite in that area too. >> There's two, >> right? What are you going to be can you transplant those maybe into that area where the cedars are proposed to go? They could uh they could probably be
moved further south there along in that planting bed. >> I mean, they get they get kind of tall, so I I wouldn't want to you probably don't want to see them in that. Well, you have that area um all designed anyway to be planted, the uh you know, the mitigation area. Uh but, uh yeah,
I'd like to see him transplanted in there. Um, and other than that, I would I would I would approve it based on those recommendations. >> Thank you. >> You're welcome.
>> Anybody else? >> All right. Um, we just need the mitigation put onto this plan. And I would love if you could consider at least moving it back a little bit
further from the 50. Um, I just I know why you did it right there. I get it. >> The client really wants it to be right there. >> Yeah. Oh, good. Well, >> that's why it's there.
>> Yeah. Just over the line. Um Okay. >> I mean, in truth, they want it to be where the patio is, but >> Oh, no. >> But but we uh we we were able to negotiate it back behind the 50 foot line.
>> You have enough mitigation. I mean, >> you're almost better off in the 50. >> You could put it further back, >> you know, because you're >> already so high in the outer aura. >> Karen, we're as I as I look at this um map, if you will, if we moved the shed
back, I'm assuming you mean closer to the house that in that direction >> as far are would you think as far as Right. I'm looking at the trees. Trees would have to trees would have to come down if we move it much farther back.
>> Unless it goes back even way further, but you're right. Or move it out. >> You wouldn't want it right next to the house. >> No, but if you moved it a little bit out, I mean, you know, I don't know how
you can do it. And actually, as you said, >> they're trying to nest nestle it in the back. I >> almost the NDZ is a better spot for it. Um, just your client better keep in mind they're already over 50%.
If they ever want to do anything else, this it's going to be very difficult to approve because you keep going up and we're at 30 our regs say 35%. >> Right. I understand. So, so in the in the vein of almost being better in the
NDZ, >> is it only almost better? >> Uh, >> it doesn't matter. You still have to go through the same analysis, you know, on a variance whether what is what are your alternatives and >> they've already given that to us. >> Yeah, I know. But it would be the same
>> it would be the same analysis with some slightly different facts. So, >> right. >> And >> but they're taking out that patio. So right given the given the choice of you know having to grant a variance for having it in the NDZ or having to grant a variance for the coverage in the outer
aura. I'd rather go with the coverage variance and leave the NDZ alone. >> All right. >> You're improving the NDZ and we will take that into account and we'll cite that that you're overall improving it. So all you need to do is add the
mitigation when I mean could we continue this to May 27th? >> Yes. Um I I think that we should be able to get that mitigation added into the plan fairly quickly.
>> It only has to be in the Friday by noon the Friday before. So, you know, like I don't know what the frame for is 20th >> 22nd. >> So, you have you have a month to get that done. >> We could certainly do that.
>> Okay. So, let's uh continue this to May 27th. >> I move that we continue 93 Woodland Way to the meeting on May 27th, 2026. >> Second. >> Elise. >> I >> Janet. I >> Paul
>> I >> Bob >> I >> and I say I. >> Thank you so much. >> Thank you all so much. >> Okay, Bradford. Next >> Next up is excuse me. Next up is a notice of intent for 0130
and 138 Champlain Road uh for Can Cornelia Atkins map 13A parcels uh 16B-1B 16A-2B and 16 C-3.
Uh this is for SC 10-3773. Uh this is for a boat house and driveway renovation dune nourishment and landscaping within coastal wetland resource areas. This was continued from April 8th, 2026. Thank you for your introduction. I'm Bob
Perry. Shane Watson Sibli is here with Bed Works. Um Bed Works and Cape Cut Engineering teamed up with the Atkins family to handle some of the changes that are being proposed. We were here a couple of weeks ago
and I can recap to any extent you like. I know we have a slightly different quorum and I just want to reiterate we continue to provide a variance letter and to amend the plan to show that there
would be no shrub removals east of the covert line. But I have a third change for you and that is the boat house was reconsidered by the applicant to be set closer to its
original location rather than move it farther from the lot line. It is a it is a little farther from the lot line because we're dealing with a scaled understanding of its former location. We're looking at aerial photography, but we do have a 2020 uh a 2005 plan. I
think um your commissioner Eric requested that we look for something which we had and and to provide that to you. So you received sheet two revised. No changes were made to sheet one.
You received the 2005 plan. It's a reduced copy, but we can give you a scaled one if you need it. you received a variance summary for the work that is for the most part being proposed within coastal resource areas.
Um so the the boat house has been shifted a little bit more to the west and it's shown on the plan you know with the piling locations. There was a for lack of a better word a pram rack that was cantalvered off of the boat house. We
have now removed that and a very simple two-post single rail uh dinghy rest that allows for kind of point contact. The stern of a dinghy would be on the sand, but the bow would be propped up. So, you really don't have
any full coverage of the ground. And it's it's identical in theory to one that's slightly to the west that's already in service. There was a plant list that changed. Um Shane can speak to that. Um but we
did change the values on this sheet too to reflect the reduction of new plantings and to make notations about how the salt bush would be pruned but not removed. Uh otherwise I I don't believe I'm leaving anything out. There
were no other changes. So, I can let Shane talk about a little bit of the uh soul push action. Do you >> Good afternoon. Excuse me. Um nice to see you all again. Um and meet the new board here that I we weren't here last
week or two weeks ago. Um not a discernable change. Um no change in species in that area. just a reduction based on that we're not removing that area to the west of the
path on the beach. Um we're not removing the back hemopholia in that area. We're instead going to be pruning that to allow some light to the floor for mixed vegetation to occur hopefully rather that it's a monoculture at the at the
moment. Um so for changes like Bob said for the culvert line dictates where the plantings will now be um as opposed to where they were prior in the first plan
um where the backris was. So, same species, the low grow sumac, Rosa carolina, uh, golden rod, panicum and beach grass, 2:1 ratio,
um, beach heather and beach. Little somebody else earlier mentioned bookkeeping. There are two orders of conditions outstanding here. One from 93, one from 2005. 93 is a small addition to the house. It all looks
good. It's in process for submitt. The 2005 is for invasives uh remediation that this project will overwrite and I believe some efforts were made but those will be submitted within a within a few weeks.
>> All right. Anybody Yeah. Thanks so much for considering that salt bush. That's significant. >> Yes. Yeah. >> Go ahead. >> A couple questions. Um
the uh the garden that's above near the upper house >> Mhm. Um, is is that a vegetable garden or is it a flower garden or what is >> the enclosed garden with the small fence, right? >> Um, yeah, that's Larry and Cornelia Atkins vegetable garden. >> Vegetable garden. Yes.
>> Is it? Um, it's with it it's within the 50. Correct. No disturb zone. >> Um, I don't believe that's within the 50. The vegetable garden. >> Um, >> that is up high. Bob, >> good question. I >> That was a great question. >> I believe it's >> I can
>> just out. It's It's out. I'm speaking off the cuff, but I have a plan if I need it. >> Can maybe use this pointer. >> I don't know how to use it. >> Is the vegetable garden or where? That's a septic. Vegetable garden is right.
>> Yep. Right there to the left. Right. You're on it, right? >> Yep. and our coastal bank uh is running through I'm finding it because we have a very busy plan. I believe this is your 50
foot buffer and I take it uh let let me just check my plan. 50 foot limit from the conservancy uh and then we have I just want to Okay, so we have All right.
I'm gonna get my own plan out because I can read it better than >> It's right here, Bob. So, this is the garden right here. Top of Coastal Bank is here. >> I didn't mean to cause any stress, Bob. Oh, >> it's okay. >> It's always There's a lot on this plan.
Um, it is not. It is within the 100, not the 50. >> Uh, no, it's in the 50. >> Oh, it is. >> It is. I needed to refer to the Bible here and >> right on the line. Right. >> No, it's well, it's well inside. It's about almost midway between the top of the coastal bank >> and the 50ft buffer.
>> So, is it is it uh >> cultured in an organic way without pesticides and so forth? That's what I was that's what I was getting at. >> Yes. Yeah. You weren't here for the first meeting, but my introduction was that Larry and Cornelia are very passionate about organic and restoring
the property to natural habitat. That is their main goal really. Um they did when they installed the gardens way back. You'll see beach plum. You you've seen it if you've walked it. >> The mira. It's just been out of control. They can't manage it anymore.
>> Um but their vegetable garden is the one place that they do enjoy and can manage small scale. Um and we would really ask to be able to keep that. Okay. It's important to them. >> And there's a there's a Japanese black pine as well. You said you're going to keep that.
>> Yes, that's absolutely. Um, is I I noticed a pitch pine, a tall pitch pine. >> Um, >> I didn't see any black pine. Uh, >> but um >> there's one large pine there. >> Yeah.
>> And that we are keeping that. We're not removing any trees. >> Yeah, it looked like a pitch pine to me. Um, >> I didn't count the needles, but >> yeah. Yeah, >> we have the 2005 plan which is not ours up in case we were trying to find
something that about the project. That's I think where we ran into some stress. >> Yeah. >> Okay. Thank you. >> Okay. >> Um and then there's just a culvert on the beach uh with trap rock around it.
The the outlet >> where it drains out. >> Um I think we talked about that before. That's that's uh the town owns that. Correct. >> They do. Yes. >> And um is that kind of a hazard in the
in the summertime for beachgoers and that type of thing? >> It was a hazard um because it was broken and there was shards and that was one of the reasons why Larry and Cornelia reached out to Bedworks Design, right? >> Um to help mitigate that problem and we have been successful in that. The town's
been working with us on it very successfully. Mhm. >> Um, so it's it's good. >> Yeah. >> Yeah. >> Okay. >> Yeah. >> All right. Thank you. >> Welcome. >> All right. Anybody? Anything else? >> Nothing.
All right. Well, it looks like you answered the questions from the last time because I had noted I did watch by the way. Um, so
um, did you fill in the coverage plan this time? I didn't notice. >> We didn't have any room on the plan to put the chart. I think but but you you did receive a coverage chart that >> um I think you might have even received three separate sheets for the three
separate parcels. >> Okay. Um >> I don't think I maybe the coverage we're in a low end of any additions. I think the boat house stoop is about 26 square feet >> and the border extension constitutes about 35 square
feet. >> I think also percentages I just I don't think I got the coverage chart, but either >> I I haven't seen it. If it's a separate piece of paper, we didn't get it.
>> Um because I got your outline of everything that you answered and the variance uh request. I think I got that. That was
that was the a recent submittal that the the uh checklist with the charts that came in early >> with the with the application and I'm just going to double check >> because the coverage the one coverage
chart I have it says in the within the 50 the NDZ it says there's a change of 26 square feet and it says proposed mitigation C landscape plans And so
that's doesn't tell us the amount. >> Okay. >> Um and then the rest it was not applicable. So it's just I think it was asked that you fill it in
you know completely like just put what it how much mitigation is being offered. I mean it's only 26 square feet. I get that, but to see is I I just I can't find the previous meeting. >> Yeah. >> Yeah.
>> But I didn't see it. >> What what I can say I think with >> No, >> that's what everybody was asking. They were asking for was it be filled in? That's all. I'm not saying you didn't provide one. It's just not >> complet I think when this was filled out
and and um we have kind of a labor division. there's a landscape component and then there's the uh the type the engineering sort but we did put in some coverages but I don't believe we quantified mitigation for the 26 square feet but we can do that and right so I
mean you know usually somebody will say >> g you know greater than it's 52 feet square feet you need so you could even say greater than if you're doing a thousand square feet you could say greater than a th00and or greater than whatever
it's just it's good to see it. >> We also need to refer to it in our findings. >> We do what is the total coverage change and what is this area of >> that's helpful. Um >> how are you mitigating for this change in coverage and that's >> needing.
>> Yeah, we just need it. Um so >> and I don't see it. >> Well, it's not there. And the reason I I think the logic on it was that there was such a sea change which we're talking remediation not mitigation and the sea
change of invasives remediation which is voluntary >> right >> we were wondering I suppose in my final preparation of this NOI uh if this discussion would turn to that topic is that sufficient mitigation or do you
need some to find a certain patch of lawn >> you're putting in a lot of plantings >> so are you saying that that's not mitigation. >> I believe I believe it is that's why we did not we did not quantify anything. It's just >> that's we're just asking that you
quantify what you've a you have on the plan and if it's restor if you want you can say this much is mitigation this much is restoration you can okay describe it any way you want but we need numbers >> okay so >> otherwise I can't write the order
>> we have all these uh lettered areas they're all coded right >> it probably accounts for somewhere on the order of I'm going to just speculate maybe 18 to 24,000 square feet. >> Exactly. But we need to be able to say this is this is what they're doing
>> because of this change and it shows that you're doing way more than what is necessary. >> Sure. >> Which also helps with variance and all of that. >> Of course. >> So it's this is standard. We do it in every single order. >> Very good. >> Since I've been on.
>> So you need that information for your findings. Understood. And and we're headed to the board of appeals on the 28th May. >> Yes, you are. So would this be one of these projects that you craft an order of conditions following ZBA? >> Well, I mean we can that's the next aspect is when did you
want this order? Uh preferably not May 13th. We have May 27th. We have June 10th. We have June 24th. >> It was my um traditional understanding that for projects that were headed to the ZBA, you don't close until
>> we don't. But sometimes we we can have the order ready say the 27th but not not approve it until that's your choice. Now today we approved one >> because they want the order and if ZBA
has any changes they're going to have to come back to us as an amended. If we write the order, even if we, you know, go over it on the 27th, but we don't approve it until the 10th, then if ZBA
changes anything, you're safe and you're still within this application. That's why we hold off till after ZBA, not be. It's just to keep you from having to file twice. Please put us in for the 27th and within a week I will provide
you with the numbers for the areas that are being uh remediated with vegetation alterations. >> Great. And then what we'll do on the 27th is go over it and if you have any, you know, questions, we have questions, we can take care of it
>> and then it would be continued to June 10th and then we will, barring any problems with ZBA, we'd be able to just approve it at that point. >> Sounds good. Okay. All right. Paul, >> I move that we continue 030 and 138
Champlain Road to the meeting on May 27th, 2026 for an order of conditions. >> Second, >> Elise. >> I >> Janet. >> I Paul. >> Hi. >> Bob. >> I >> And I say I. >> Thank you. Thank you. >> Thank you. >> All right. The next please. Bradford.
>> Next up are three certificates of compliance for N 19 Coward Lane. John and Leslie Nicholson, map 16H, parcel 12-6A. Uh SC 10-2176
for construction of an addition to a single family dwelling. Uh 10-2315 removal of vegetation along the road layout and 10-3090 for construction of an 185 foot rock
revetment. Um, all three have been uh requested to continue to May 13, 2026. >> Great. Okay. Can we have a motion, please? >> 19 coward. >> I move that we continue 19 cow yard lane
to the meeting on May 13, 2026. >> Second. >> Elise. >> Hi. >> Janet. >> I Paul. >> I. >> Bob. >> I. >> And I say I. >> All right. I am not seeing that Teresa is any place. not online. >> So,
>> yeah, >> you can say what we're going to do and then I guess I think >> she didn't contact you guys, right? >> We reached out and she didn't respond. So, we're not sure if she's still interested in having this discussion or
not. um we can uh I suppose not continue it and reach out and see if she still wants to have it and put it on a future agenda. >> Yeah, I think that's best. We just won't we'll just table it.
>> Yeah, >> we don't have a motion. We don't have to do a motion then. Correct. >> Because we're just tableabling it. Okay. The next thing then, Bradford. >> Um, >> oh, >> the draft.
>> The draft. Yeah. Uh, review of draft proposed lands subject to coastal storm flowage regulations. Um, >> okay. We are going to continue this to I don't see anybody who's on, but um just for the record, we're continuing this
until May 13th because um it's quite they the work is quite extensive and we didn't have it quite ready. Um this was a real push to try and get it ready, especially since I've been away for two weeks. So, um, if
we could have a motion to continue that to May 13th, please. >> I move that we continue the d the draft of proposed land subject to coastal storm flowage regulations to the meeting on May 13, 2026. >> Second,
>> uh, Elise >> I >> Janet >> I >> Paul >> I >> Bob >> I >> and I say I. >> Okay. Next, Bradford. Next is a review of the proposed hearing schedule for July through December 2026.
>> Okay. Uh I gave everybody a schedule as you'll see. Uh there are two meetings a month and which is what we've been doing for the first half of the year. I don't know how everybody still feels about two meetings
a month, but um if it looks okay then and you guys think it's fine, we can vote to approve it. >> I think it's gone well. >> I'm surprised, frankly, that the the
hearings have not been um you know, unbearably long. We have been averaging just about two hours, which is totally fine. Um I think a lot that have more shorter which yeah >> I just think the whole process has been streamlined based on going to say I
think also due to the chair's time management skills. No I think more it's crystal and all of her work behind the scenes to make sure that the applications we're receiving are complete and that ZBA has been contacted and everything. So we haven't had to
continue meetings for seven or eight meetings and have it on our agenda. So I think that that has helped um and you know if it with the caveat that and we had to do it we did change a meeting and we did have to add one
meeting that a few of us did um in order to start work on the land subject to coastal storm storm flowage. So, um, there's always the ability to add a meeting should it be necessary, but so
far it really we've done pretty well. So, >> I think the I think the uh the economy dictates how busy we get as well. >> Yeah. Yes. I I totally agree and we saw that um at another time. I think it was during co too
>> that we saw that. >> All right. Then Paul, we can have a motion to approve the hearing dates for July to December 2026. >> I move that we approve the proposed hearing schedule for July 20 July
through December 2026. >> Second Elise >> I >> Janet I >> Paul >> I >> Bob >> I >> and I say I All right. The minutes we are going to have to do separately
because the January 28th we we don't have a quorum. We need Eric. So we can't even do July January 28th again. >> Okay. >> Um because we only have three people who were in in attendance. So
I think we just introduce March 11 and then we'll go from there. >> All right. Next up is minutes to be approved uh March 11th, 2026. >> Okay. Uh any modifications? All of us were in attendance, so we're safe. >> Yep.
>> Yeah. I think I fixed a couple of typos, but that >> Okay. >> No, they look good to me. >> They look good. >> All right. Then if we could have a motion to approve March 11th. >> I move that we approve the minutes from March 11th, 2026.
>> Second. Elise >> I >> Janet I Paul >> I >> Bob >> I and I say I. Okay, one more motion. >> I move that we adjourn the hearing. >> Second. >> Elise >> I. >> Janet >> I. >> Paul >> I. >> Bob >> I. >> And I say I.
>> And we're done. Thank you everyone. >> Over and out. >> Thank you.