WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=2YhW9P8cOd8

Part: 1

1
00:00:02.619 --> 00:00:56.079
[music] [music] Heat. Heat. >> [music] >> All right. Good evening. Welcome to the May 13, 2026 meeting of the Fmouth Conservation Commission. This meeting is being held virtually via Zoom video

2
00:00:56.079 --> 00:01:13.040
conference and is also being broadcast by FCTV on cable channel 9. As this meeting is being recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. We are missing one

3
00:01:13.040 --> 00:01:28.720
commissioner. However, we have a quorum. So, we will be moving forward. I would like to remind the commissioners that for commenting I will call on each of you in turn. So please refrain from speaking over each other. Also all votes are done by roll call. So when I call

4
00:01:28.720 --> 00:01:43.439
your name please state your name and your vote for the record even if you made the motion or the second. To our public attendees at any time during this meeting you may enter any comments or questions via the chat function. At the appropriate time they

5
00:01:43.439 --> 00:01:59.360
will be read into the record. If it is an attendee you would like to participate in a particular hearing, let us know via the chat function. Then at the appropriate time, you'll be promoted into the hearing as a participant. When you are selected, you may have your video, you must have your video enabled,

6
00:01:59.360 --> 00:02:15.200
be succinct and respectful of others. Public comments will be limited to three minutes each. Regarding RDAs, under a request for determination of applicability, the applicant is asking the commission to determine if the provisions of the

7
00:02:15.200 --> 00:02:31.360
Massachusetts Wetland Protection Act and or the Found with Wetlands bylaw apply to their proposed project. A negative determination is that the provisions of the act and or bylaw do not apply. Therefore, the project may proceed as proposed. A positive determination means

8
00:02:31.360 --> 00:02:47.599
the provisions of the act and or bylaw do in fact apply and or may require some conditions. Therefore, the project would require a notice of intent application. So, as an applicant, you want to hear a negative determination. For the benefit of anybody waiting for a

9
00:02:47.599 --> 00:03:02.480
particular hearing tonight and so you're not waiting, the following hearings are expected to be continued. 65 Walker Street, 39 Pine Bank Road, and 24 Westwood A.

10
00:03:02.480 --> 00:03:18.959
Starting the evening, we will be going into executive session. Um, I would take a >> motion to temporarily close this normal session and move to executive session. Driscoll >> 10 second.

11
00:03:18.959 --> 00:03:36.239
>> Got a motion, a second. Any questions? Hearing none, I will call the role again. >> All shy. >> Jim >> McGrath I >> Dave >> Can I? >> Ron >> Driscoll I >> Steve and I >> and Duffy. Motion passes to move to

12
00:03:36.239 --> 00:03:55.440
executive session. See you there in a minute. Excellent. Well, I will um entertain a motion to >> start the regular sessioning up again. >> Start the regular. Second.

13
00:03:55.440 --> 00:04:10.000
>> All right. Got a motion second to start the regular session up again. Questions? Hearing? None. Jim >> McGrath I >> Ron >> Yes. I >> Dan >> Ali, >> Dave, >> I

14
00:04:10.000 --> 00:04:25.520
>> and Duffy. I motion passes to start the session up again. All right. First on the agenda is to review and approve minutes from the April 22nd, 2026 executive session. >> Make a motion to approve the minutes of

15
00:04:25.520 --> 00:04:41.759
April 22nd, 26 executive session. Driscoll >> 10 second. >> Got a motion to second. Any questions? All right. Jim >> Graphy. >> Ron >> Driscoll. I

16
00:04:41.759 --> 00:04:58.160
>> Dan. Dave, >> can I >> and Duffy? Motion passes to accept the minutes from the April 2020 April 22nd, 2026 executive session. [clears throat]

17
00:04:58.160 --> 00:05:16.880
Is Alyssa on? >> Uh she's helping uh she's helping one of our um our agenda people towards the end. So, >> okay. >> She's a little busy. So, I'll take the RDAs. >> All right. Perfect. Just wanted to make sure. >> Yep.

18
00:05:16.880 --> 00:05:32.720
>> All right. So, first up for requests from determinations of applicability, >> Dan Kellogg, 77 Man Road, Falmouth, Mass for permission to add 20 cubic yards of sand to the seawward side of the house. Jen,

19
00:05:32.720 --> 00:05:48.080
>> so yes. So, um staff is recommending the negative -3 and -2. Um, does everyone have their staff report with them? If someone could make the motion at the

20
00:05:48.080 --> 00:06:05.440
bottom, that would be ideal. Thank you. Right. I make a motion to move to determine the work described is within an area subject to protection, but will not remove, fill, dredge, or alter the area. >> Driscoll second. We got a motion and a

21
00:06:05.440 --> 00:06:21.840
second to move determine the work describes within an area subject to protection but will not remove field dredge or alter the area. Any questions? Hearing none. I will call the role. Jim >> breath I >> Ron

22
00:06:21.840 --> 00:06:36.800
>> I. >> Dan >> Walshy. >> Dave I >> and FBI motion passes. Next we've got the 44 Whitman Road

23
00:06:36.800 --> 00:06:52.400
nominee trust. 44 Whitman Road found with Mass permission to reconstruct an existing deck. Jen. >> Yes, Mr. Chairman. The staff is recommending a negative three under the state and a negative two under the bylaw. Resource area boundaries not

24
00:06:52.400 --> 00:07:11.360
confirmed. >> I I'll do it again. I make a motion to move to determine that the work described is within an area subject to protection but will not remove filter of the area. Discal second. [snorts] >> All right, we've got a motion to move to

25
00:07:11.360 --> 00:07:26.720
determine the work described as within an area subject to protection but will not remove, fill, dredge or alter the area. Any in a second. Do we have any questions? Seeing none, call the roll. Jim Rath. Roni,

26
00:07:26.720 --> 00:07:41.759
>> Dan, >> Paul Shai, >> Dave >> Tai, [snorts] >> and Duffy. Motion passes. Next, James Burgess, 13 Starboard Drive, foundmouth, Mass for permission to

27
00:07:41.759 --> 00:07:56.000
remove existing walkways, ramps, and decks, reconstruct two decks, and remove a paved driveway and replace with gravel. Jen. >> Yes, Mr. Chairman. Again, the staff's recommendation is the negative -2 under both the state and the bylaw with the

28
00:07:56.000 --> 00:08:15.840
resource area boundaries not confirmed. >> Okay, I take it there. I move to determine that the work described as within an area subject to protection but will not remove, fill, dredge, or alter the area. Chris will second. [clears throat] All right, we got a motion and a second

29
00:08:15.840 --> 00:08:35.440
to move to determine the work described as within area subject to protection but will not remove, fill, dredge, or alter the area. Any questions? Seeing none, I will call the role. Jim, >> I >> Dan, [clears throat] I

30
00:08:35.440 --> 00:08:59.440
>> Dave, >> Steve, [snorts] you're on mute. That's same >> and Duffy eye. Motion passes with one abstentia. Next, James Burgess 13 Starboard Drive,

31
00:08:59.440 --> 00:09:13.920
Fmouth, Mass. Oh, I know I just did that one. Next. Steven Albano, 2020 227 Man Road, Falmouth, Mass. for permission to install a plunge pool, construct a deck, expanding an existing patio, and modify

32
00:09:13.920 --> 00:09:30.000
a sewage disposal system. Jen, >> yes, Mr. Chairman, we're recommending the negative two under the state and the bylaw with the resource area boundaries not confirmed. [clears throat] Jen, >> just a question on this one. There's a bunch of notes on this one about work

33
00:09:30.000 --> 00:09:46.480
that was done inside the jurisdiction, if you will. Yeah, we're just incorporating them into this RDA. They're all very approvable under It's flood zone only. So, it's all very approvable under the RDA. So, we're just basically approving it after the fact.

34
00:09:46.480 --> 00:10:03.360
>> Got it. Okay. Make a motion. Move to determine that the work described is within an area subject to protection, but will not remove, fill, dredge, or alter the area. >> Discal. All right, we got a motion on a second to move to determine the work described

35
00:10:03.360 --> 00:10:18.480
as within an area subject to protection but will not remove, fill, dredge, or alter the area. Any questions? >> Yeah, I have one, Bill. >> All right, Ron. >> How do you modify a sewage disposal system? How are they what are they doing?

36
00:10:18.480 --> 00:10:35.839
>> Um, hang on. Hang on. I don't have the I don't have the plan in front of me. Give me one sec. expanded and modify. They possibly could be putting in that nitro tank. They've been modifying a lot

37
00:10:35.839 --> 00:10:52.399
of of the septics. I'm not sure. I don't have the plan right in front of me, Ron. I'm sorry. I can get that information for you tomorrow, but most likely they're just either relocating some of the tanks to fit the work that they want to do. They could be adding the nitro

38
00:10:52.399 --> 00:11:08.079
now that I think about it. I think they're relocating a couple of the tanks. >> Okay. Thank you, Melissa. Yeah, just looking um at the staff report here because I also didn't review this project. It says that um they're relocating the the leeching field, putting in a new one, and slightly

39
00:11:08.079 --> 00:11:23.279
reconfiguring it. >> Oh, yeah. >> So, the whole system isn't being changed, just kind of shifted. [snorts] >> Thanks. >> All right, now questions. We'll call the role. Jim >> Brady, >> Ron,

40
00:11:23.279 --> 00:11:43.680
>> I >> Dan >> Walshy, >> Dave >> Hi, >> Steve >> and Dy. Motion passes. All right. [clears throat] [snorts] For notice of intent,

41
00:11:43.680 --> 00:12:00.320
all hearings of the Falmouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland Protecting Act and the Falmouth Wetlands bylaws. Although a single decision of the commission is issued, it represents a separate decision under each authority.

42
00:12:00.320 --> 00:12:16.480
As a reminder, public comment is limited to three minutes. So I encourage you to stay within the purview of this board which are the rules and regulations of the wetlands protection act in the felmouth wetlands bylaw and how they pertain to a particular applicant. The chair reserves the right to stop any

43
00:12:16.480 --> 00:12:31.680
comment that is disparaging or inconsequential to the hearing. Please know that all correspondence received by the conservation department is forwarded to all commissioners and becomes part of the record. We will not read each and every letter received at a hearing. Remember our jurisdictions, the

44
00:12:31.680 --> 00:12:46.639
Massachusetts Wetlands Protection Act and the Falmouth with Wetlands bylaws, not zoning, health or building. All right, first one. Peter and Mary McManamus 113 Ticket Path Falmouth Math

45
00:12:46.639 --> 00:13:04.000
for permission to install a dock. Jen, >> yes, Mr. Chairman, I promoted Mike Borcelli up um to present his project. Mike, anybody else I'm promoting up tonight? >> Um,

46
00:13:04.000 --> 00:13:20.639
there may be someone from Megalodon in the audience. >> Darren's here. I'm going to promote him. >> Um, he he may have to speak, but you can hold off. Um, if you have questions, um, I'll I'll kick it off and if he's ne

47
00:13:20.639 --> 00:13:37.360
needed, we can promote him. >> Okay. >> All you. Thank you, Mr. Chairman, members of the commission. For the record, Mike Borelli from Felmouth Engineering and I represent the applicant along with Megalodon who

48
00:13:37.360 --> 00:13:51.760
performed the shellfish survey and the associated report. Um, with your permission, I'd like to share my screen. >> Go ahead. >> Thank you.

49
00:13:51.760 --> 00:14:10.720
>> Okay. 113 Ticket Path is on the eastern shore of Perch Pond. Perch Pond is a um saltwater body that is connected to Grape Pond. It's on the very upper most northern uh end of Grape Pond and

50
00:14:10.720 --> 00:14:27.120
there's a channel connecting Perch Pond to Grape Pond and uh Perch Pond has a number of private recreational uh docks on it. I've been involved [snorts] with several of them. Um, Jen's familiar with many of them [clears throat]

51
00:14:27.120 --> 00:14:44.160
and um the McManuses uh wanted to investigate whether they could also have a dock. So we went through the typical steps starting with a um survey of the property uh also water depth measurements

52
00:14:44.160 --> 00:15:00.560
and then um we designed the dock and uh retained megalodon to do a shellfish survey in accordance with your regulations. Um along the way um we also had an in

53
00:15:00.560 --> 00:15:16.320
had um engagement with the harbor master to make sure he had no issues with the dock. Uh he submitted his comments and had no comments. Uh other than the dock was uh and it's in your staff report projects out further than the abuing

54
00:15:16.320 --> 00:15:33.920
docks. Um but there's a reason for that. um it still um does not exceed your maximum overall length. So, Perch Pond is a saltwater pond. So, the wetland resources include land under the ocean, land containing shellfish. There's a

55
00:15:33.920 --> 00:15:50.160
band of salt marsh um shown on the plan. There is a sloping land form. So uh because it's also in a flood zone, it meets the definition of a coastal bank.

56
00:15:50.160 --> 00:16:07.519
It actually runs through the house. The house is a um what we call a walk out. So the front level where you walk in from the street is higher than the lower level that you can walk out at grade from the I'll call it the basement level, but the lower level. The the

57
00:16:07.519 --> 00:16:23.519
flood zone boundary is identified with the blue dash line. It runs through the house and pops back out. It's AE 12. Um, there's also an AE14 out on the pond. There is no velocity

58
00:16:23.519 --> 00:16:39.600
zone here. So we designed the dock as we typically do uh in a place where the water depth is in excess of 3 feet at time of low tide for a fixed pier or uh in the case of a

59
00:16:39.600 --> 00:16:55.920
floating dock. Um there must be 3 ft of water underneath the buoyancy that supports the float uh to actually extreme low water. Um, if you look closely at the plan, you

60
00:16:55.920 --> 00:17:14.240
will see in parenthesis the water depths reference to mean low water. And you can see that the water depth is basically just over 5 ft in and around the area of the float. There's a 4ft wide walkway leading from

61
00:17:14.240 --> 00:17:29.280
the upland. It crosses the band of salt marsh. And if you've been to the site, you saw stakes here. We also placed a float at the terminal end of the meaning a small marker float

62
00:17:29.280 --> 00:17:47.520
at the terminal end of the proposed 10 ft x 10 ft float. So there's a there's stakes on the shore and then there's a float out in the water. The walkway is proposed to be supported by uh timber pilings 10-in diameter and

63
00:17:47.520 --> 00:18:04.720
they're spaced out uh as far as is uh practical and the in this case I will uh go to the second page to show you the profile of the dock. The pilings are spaced out 16 ft on

64
00:18:04.720 --> 00:18:21.360
center. The upland uh point is here. There's a ramp from grade up. We've elevated this one section because there's two requirements. [clears throat] There's a requirement to

65
00:18:21.360 --> 00:18:38.080
provide 5 foot of separation from the underside of the stringers to where mean high water touches shore for public access. That's a chapter 91 requirement. There's also a DMF policy um that says when you cross a salt

66
00:18:38.080 --> 00:18:53.520
marsh, they want you to be uh one and a half times the width of the walkway. So in this case, 6 ft from the uh salt marsh to the underside. Now, the salt marsh here, um,

67
00:18:53.520 --> 00:19:08.080
if I go back to the plan, probably got degraded from foot traffic over the years because if you saw the stakes, this is a sandy area. It's actually not salt marsh,

68
00:19:08.080 --> 00:19:24.480
but on either side is salt marsh. So, the goal is for the walkway ramp to be elevated. So now um the area underneath may re restore back because the foot

69
00:19:24.480 --> 00:19:42.799
traffic would be next to nothing because now the um the walkway is in in place. Um your requirements say the maximum length from the landwood edge of a salt marsh

70
00:19:42.799 --> 00:20:00.480
is 100 ft. We've extended out 98 ft. You have a another regulation that says you cannot exceed more than 100 ft from mean high water and we're 92 feet from mean high water. Um it's salt marshes are always a little

71
00:20:00.480 --> 00:20:18.559
bit more landwood than mean high water. So um [clears throat] we made the dock longer because um the shellfish survey uh did reveal that there's significant shellfish in the nearshore areas. what is called the B zone. There's

72
00:20:18.559 --> 00:20:34.720
significant densities, but as you get out further and the substrate is degraded, the density um diminishes so that we're well below the threshold in what they call the uh A

73
00:20:34.720 --> 00:20:51.679
zone. [clears throat] And your regulations say the terminal end of or of the structure or the mooring field must be no less than 35 ft from the Azone. We're we're more than 35 ft from the Azone.

74
00:20:51.679 --> 00:21:08.400
Um but it also says if you're within 50 ft of the Azone boundary then you must provide um shellfish mitigation. And we're the applicant is more than um

75
00:21:08.400 --> 00:21:23.120
willing and and expects that he would have to provide shellfish mitigation. And you typically condition that by um uh a contribution to the shellfish mitigation fund that's managed by

76
00:21:23.120 --> 00:21:47.039
um our local uh marine resources division through Chuck Martinsson. So we are more than happy to do that as is customary for other docs with similar uh situation. With regard to the staff report,

77
00:21:47.039 --> 00:22:02.880
um I was happy to see there weren't very many um comments at least related to the project that we applied for. Um they I believe Melissa is the uh author

78
00:22:02.880 --> 00:22:23.520
of this. Um she she reiterates that a shellfish mitigation needs to be provided. Um there's two comments about work that had been done in the past. uh an application in

79
00:22:23.520 --> 00:22:40.799
2017, an RDA for work related to a septic upgrade that I was not involved with. Evidently, there was um a condition that the area from the railroad ties shall be

80
00:22:40.799 --> 00:22:57.679
allowed to grow back and become buffer. I believe that comment refers to these railroad ties. Um and it's the comment actually says

81
00:22:57.679 --> 00:23:13.360
um the land seaweed of the railroad ties was required to be reveated. Um the actual comment says allowed to reveate naturally but it it hasn't occurred. So for whatever reason it's still lawn. So then the staff's

82
00:23:13.360 --> 00:23:29.039
recommending that the area there should be a restoration plan for that area. So, so, uh, I totally understand and I would expect if there was a requirement that you'd want want a plan that shows

83
00:23:29.039 --> 00:23:46.799
that since it doesn't regrown naturally, um, I will I can go through that with my client. Um, I'm hoping that if there aren't any issues with the actual dock, you could close and issue an order with a condition that before any work were to

84
00:23:46.799 --> 00:24:02.640
proceed that the restoration plan be submitted to the conservation commission staff. There was another comment about a slate walk that evidently was constructed

85
00:24:02.640 --> 00:24:20.000
without permission. I'm highlighting [snorts] that with the mouse hand. I believe this is the one that you're referring to. Um so that slight walk is in your jurisdiction

86
00:24:20.000 --> 00:24:35.760
and it yes it should have it should have been permitted. uh mitigation should have been provided for it or alternatively it should it should not be allowed to stay. So I I'll have to go through over that with my client and again um

87
00:24:35.760 --> 00:24:52.640
provide mitigation or revi uh revise the plan to indicate it's to be removed. I I don't have the benefit of going over that with him before the hearing. So, um I'm hopeful you can for the same reasons

88
00:24:52.640 --> 00:25:14.320
for the area between the railroad ties um close an issue with conditions on that as well. >> I think that sums it up. If [snorts] if anything else uh comes up for either of us, we're

89
00:25:14.320 --> 00:25:31.760
we're here to take questions. and I'll stop sharing it. >> Thanks, Mike. Jen. >> Yes, Mr. Chairman. Uh, we did hear from the shelfish constable. He has no concerns on the characterization of the

90
00:25:31.760 --> 00:25:47.200
substrate. Um, so we're fine with that. Typically, uh, shellfish mitigation was a monetary contribution to the town's, uh, revolving shellfish fund. Um, and

91
00:25:47.200 --> 00:26:03.600
typically it was for the purchase of 10,000 seed cohogs. So, we will be putting that in. Um, and thankfully for your client Mike, the price of 10,000 C cohogs hasn't changed all that drastically in the last 20

92
00:26:03.600 --> 00:26:20.320
years since you and I have been doing this. So, >> I think it's around $500. >> It's 650 now, but it's not not too much more. >> There is inflation. >> There is inflation. >> Yeah. So, um, typically when we did do the the zone B, uh, or area B shellfish

93
00:26:20.320 --> 00:26:36.240
mitigation, it was, um, always 10,000 seed cohogs. Um and then my question, thank you Mike. We can condition um if you we can condition that a

94
00:26:36.240 --> 00:26:51.840
restoration plan be submitted and installed prior to the construction of the dock or at least some of it so that you still have room to to build that walkway through there. Um so that's fine. I have a question though about the dock itself. >> Yep.

95
00:26:51.840 --> 00:27:09.440
>> 10 by 10. It just seems like a strange >> Yeah. >> configuration to me on how are they especially with no tie off pilings like [snorts] >> Yeah. Yeah. It's a little unique boat. >> So, so the McManisters don't have a very

96
00:27:09.440 --> 00:27:25.919
large boat. Um they have a >> they have a boat that they can go out in Great Pond and on the right days go out into the Vineyard Sound, but it's it's not a real big boat. Um, so the the float would also be a place they can kind of hang out, but it the the size of the boat is such that it gives them

97
00:27:25.919 --> 00:27:41.600
flexibility depending on wind direction. They could tie it on the front or on the side. They're only going to have one boat. And I think you would agree since 10 by 10, it would be difficult to put more than one boat on a configuration

98
00:27:41.600 --> 00:27:59.960
like that. But we also expect there' be a condition about that. So, um there's there's no uh intention other than they want to have it have a little bit more uh real estate um to just sit out on as well

99
00:28:00.159 --> 00:28:17.039
cuz I I asked the same question at the time when Mr. McManis said that was the size he wanted the dimensions. >> Okay. Okay. Okay. But you just said that you have the mooring field in the front and you said based on wind directions they might be coming along the south

100
00:28:17.039 --> 00:28:32.320
side of the dock. >> Well, if if that's a problem, then they won't they'll only tie on the front. But they wanted the shape of the dock more [clears throat] for like recreational use other than just, you know, tying the boat. If they if they had, for instance,

101
00:28:32.320 --> 00:28:48.159
a 6x6, it's harder to use it for to sit on, you know. >> Okay. It was just it was um it was just a different shape than and me and I'm just trying to figure out how they would tie it on there. >> Yeah.

102
00:28:48.159 --> 00:29:05.520
>> Okay. >> Um and I had one more one more statement. What was it? Oh, uh, the shellfish constable did want me to, um, make your clients aware,

103
00:29:05.520 --> 00:29:21.440
as all people are aware in Perch Pond, that there's no guarantee the channel between Perch Pond and Great Pond are is going to be dredged and that playing the tides actually is a possibility.

104
00:29:21.440 --> 00:29:36.559
>> Yep. That's part of the game and per >> Okay. just he did actually ask me to to make that statement tonight. So, >> yep, >> I'm making it. >> I can also reiterate it to my client. >> Yep. Perfect. That's all I have, Mr.

105
00:29:36.559 --> 00:29:56.559
Chairman. >> Alyssa, anything to add? >> Not at this time. Thank you. >> All right, I will open up for commissioners comments and questions. Ron, >> I don't need real comments. I'm I'm happy with the restoration waiting for another restoration plan and the and the

106
00:29:56.559 --> 00:30:12.159
mitigation for the the walk. There must is there plenty of room on the the site for the mitigation. So it wouldn't be a problem if >> unfortunately no. So I have to see I have to look into two things. Uh if if there's things we can remove that we can

107
00:30:12.159 --> 00:30:27.760
get credit for or if we can find places that are are acceptable and more than 10 ft from the structure or have to deal with removing part of it. I haven't done an area calculation on the slate walk so I don't really know

108
00:30:27.760 --> 00:30:42.240
yet until I do that. >> Do you want to continue Mike or >> No, because I'm hoping you can close because we can work that out. We have a long way to go with chapter 91. We have to go to the board of selectmen. There's

109
00:30:42.240 --> 00:30:59.360
this is a this is uh with if lucky a spring of 27. >> Wow. >> Doc. >> Okay. >> So, >> okay. >> Yeah. >> That's all, Mr. Chairman. That's all I have. >> Thank you, Dan.

110
00:30:59.360 --> 00:31:15.600
>> Just a question. Either anybody can answer this one. Do we still have a requirement that floats get removed in the winter? Um, unless there's bubblers that Unless there's going to be bubblers that support it. >> Okay. All right. So, if there's a bubbler out there, then it's no big

111
00:31:15.600 --> 00:31:32.960
deal. And and then then a place to start doesn't matter because 10 x 10's kind of a lot more difficult to get out. >> Yeah. Yeah. >> Okay. All right. Thank you. I I would also I it would be certainly expected that you'd have a condition

112
00:31:32.960 --> 00:31:48.080
that it can't be stored in the it can't be hauled to the to the to the shore. So, they would have to haul it and stored in the upland which might be tricky or they're going to have to have a bubbler system. >> Yeah. Okay.

113
00:31:48.080 --> 00:32:04.480
>> That was it. And Dave, >> yeah, I guess on a general question, uh, it seemed like, uh, the two things we're talking about, the restoration of a lawn in the back and this and possible mitigation for the slate walkway in the front seems like that's a lot to to, you

114
00:32:04.480 --> 00:32:18.480
know, go ahead and close this without having these things addressed. Seems a bit more than we usually uh, do that way. It seems to me, or am I wrong? There's quite quite a bit going on there, isn't there? So, wouldn't wouldn't we often ask for

115
00:32:18.480 --> 00:32:34.559
the plan to be updated for those things? >> I mean, it's it's it's a straightforward as far as the restoration of the lawn area, Dave. It's pretty straightforward. It's a pretty defined area. Um, we can

116
00:32:34.559 --> 00:32:50.799
that's, you know, it's it's I mean, it's a large area, but it's it's very well defined. So, >> we get into We Go ahead. You go. You finish. No, I mean if if Dave go to the board if if you feel uncomfortable closing it and you want to continue it

117
00:32:50.799 --> 00:33:06.240
out a couple of weeks for Mike to talk to his client. Um the chapter 91 I mean as Mike said it is it is a long process. Um but if you wanted to kick it out to the 3rd of June um in order to get a

118
00:33:06.240 --> 00:33:21.840
restoration plan that's that's fine. >> Well let me let me explain a little more. It seems to me with something of this size we often get a plan of what kind of you know what kind of plants we're going to do and there's it's pretty something of this magnitude we often see some serious work before we

119
00:33:21.840 --> 00:33:36.640
approve the plan. No. Am I am I wrong there? >> We very often see these things these kind of plans. Well, but we often see that right? >> Yes. if I could speak to that. Um, you also very often allow for this type of

120
00:33:36.640 --> 00:33:53.279
work to be done and close a hearing to to uh be sympathetic to the time frame for the applicant. Uh, with understanding your staff's well-versed on the mitigation planting that's typical here.

121
00:33:53.279 --> 00:34:09.359
I mean, I think it's pretty straightforward what has to happen. Um the second continuing it basically just you know lengthens the permitting process. We can't build the dock without it. Um

122
00:34:09.359 --> 00:34:24.560
so I'm hopeful that >> and and on and Okay, I hear you. On the second one, uh the mitigation for the for the slate walk, you sound like you're not sure where we you're going to find the room for that. Right. >> Right. So submitting the plan for the restoration may include removal of the

123
00:34:24.560 --> 00:34:40.960
walkway um as part of it or removal of a portion of the walkway. Uh so you're going to get the results of a plan that's basically

124
00:34:40.960 --> 00:34:57.040
updated to show the restoration and mitigation plan planting um in in a relatively timely manner and well before they could ever build this dock. and you'll have a condition that doesn't allow for the dock to be constructed

125
00:34:57.040 --> 00:35:14.800
without having a satisfactory plan. >> All right. Well, um Okay. Thank you. >> Um Dave, you could also we could also do this if the board feels a little bit more comfortable with this. We could close the hearing condition that the

126
00:35:14.800 --> 00:35:30.480
restoration plan needs to be done under an amendment. That way you would be able to see the plan, evaluate the plan, and then Mike could still be going through the chapter 91 process. They would come back to you within this year and a half

127
00:35:30.480 --> 00:35:45.920
time frame with that restoration plan. You could still condition all the plants or at least most of them to be put in before the dock is built and all of that. And that way you'll be able to see the plan and the applicant can move forward with the with the with the um

128
00:35:45.920 --> 00:36:02.320
state permitting process. I I guess I would say this better idea. >> It could work that I guess I don't want to make a mhill on this unless unless the other commissioners feel similarly and I haven't heard anything that they do. So >> I mean I thinkers don't I I think I

129
00:36:02.320 --> 00:36:15.920
should back off of this and take what Jen recommends. Yeah. >> Yeah. But I think I think that's a perfectly acceptable compromise between, you know, Mike wanting to move or the uh the McManuses wanting to move forward with the permitting process and and

130
00:36:15.920 --> 00:36:34.480
giving this board some shy and um um that you'll be able to to weigh in on that. >> If if everyone else thinks that's cool, the fine I don't want to be the only one supporting. >> I think it's a great idea since I just came up with it.

131
00:36:34.480 --> 00:36:51.920
That's a It's a cleaner uh more certain Okayelcome. >> Thank you very much. I'm done. >> Steve, [clears throat] >> thank you, Mr. Chairman, and I apologize for this the way I'm viewing it now. Um,

132
00:36:51.920 --> 00:37:10.359
my only question was, uh, if the dock could have been moved [clears throat] a little bit to the east, it would have seemingly had a better balance between the existing docks on the pond, but there was an existing walkway. And I realize that was my only comment.

133
00:37:11.359 --> 00:37:26.560
>> Jim, >> yeah, I have one question to put that path in going down to the dock. Is there going to be a lot of disturbance to that uh salt marsh area? >> No, the only if if I could share my

134
00:37:26.560 --> 00:37:48.880
screen again, um it'll easier this. So, I know there's a lot of shrubs and there's an overhanging tree as well. >> So, the the there's a [clears throat] very reasonably uh wide wide enough uh

135
00:37:48.880 --> 00:38:05.119
pathway through here. This is only going to be 4 feet wide. >> Yeah. >> And the supports here are just uh 6x6 posts. So, those would be hand dug. And this work will be done. It's basically like framing a deck almost, but it's, you know, it's a slope. And then the

136
00:38:05.119 --> 00:38:20.960
other work from the other side is all um the actual dock itself. So this area here is all done by hand. >> Um >> Okay. >> So, >> and are they going to bring a barge in close to get >> They're going to have to use a smaller

137
00:38:20.960 --> 00:38:36.720
uh barge here to get there's only about water there close to the shore. >> Yeah. So, so at high tide, the barge can station and still be in sufficient water

138
00:38:36.720 --> 00:38:54.480
depth about in this location in reach to to install these pilings. We may actually even make these two 6x sixs as well since they're not in very deep water. But, um, the majority of this is all easily accessible by

139
00:38:54.480 --> 00:39:11.520
barge. >> Okay, that answers my question. take a week. Thanks, Mike. >> Yes. >> Thanks, Jim. Thanks, Mike. I don't have anything. I think it's been um discussed enough. I'm fine with it.

140
00:39:11.520 --> 00:39:28.560
Anything else from either uh General Lissa? No. All right. What do you guys want to do? >> Make a motion to close the hearing and take it under advisement. Disl. And I got a motion and a second to close

141
00:39:28.560 --> 00:39:45.680
the hearing and take on advisement questions. Jen, anything in the chat or anybody in the audience have anything? >> Nothing in the public chat, Mr. Chairman. >> All right. So, seeing none, I will call the RO. Jim >> McGrath, >> Ron,

142
00:39:45.680 --> 00:40:00.960
>> I >> Dan >> Walshai, >> Dave >> Kai, >> Steve >> I >> and Dia motion passes to close the hearing and take another advisement. Thank you Mike. >> Thank you very much. Have a good night.

143
00:40:00.960 --> 00:40:17.680
>> Good night Mike. >> Good night. Next we have James Pello and Robert Shemck 65 Walker Street Fmouth Mass for permission to raise an existing single family dwelling, construct a new single family dwelling with deck porches and

144
00:40:17.680 --> 00:40:32.960
attached garage. Install a new Title 5 sewage disposal system and install mitigation and restor restoration plantings. Jen. >> Yes, Mr. Chairman. This actually is going to the applicant has requested a continuance until June 3rd. My apologies

145
00:40:32.960 --> 00:40:50.240
for not letting you know sooner. >> Yep. No, I I saw that. Just going through the motions. >> All right. The motion of the applicant um continue this hearing until June 3rd 26. Crystal >> can second. >> A motion and a second to continue this

146
00:40:50.240 --> 00:41:06.880
till June 3rd. Questions? Seeing none, I'll call the role. Jim >> McGrath I. >> Ron. >> Dan. Dave >> can't I >> Steve I

147
00:41:06.880 --> 00:41:23.200
>> and yeah motion passes to move this hearing till June 3rd next Jane Crowley Cullinin and Steven R Styles trustees Jane Cwley Cullinin discretionary trust 39 Pine Bankank Road

148
00:41:23.200 --> 00:41:40.000
Falmouth Mass for permission to raise an existing family dwelling construct a new single family dwelling with a porch and patio and install a new title Five sewage disposal system. >> Yes, Mr. Chairman. This also will be has

149
00:41:40.000 --> 00:41:57.680
requested a continuence until June 3rd. >> Motion of the applicant move continues hearing until June 3rd. Driscoll. >> Second. [snorts] >> A motion and a second to continue this hearing till June 3rd. Any questions?

150
00:41:57.680 --> 00:42:13.599
>> Seeing none, call the roll. Jim >> McGrath I >> Ron >> Crystal I >> Dan >> Walsh I >> Dave >> Santi >> Steve >> Dan I >> and FI motion passes to continue this

151
00:42:13.599 --> 00:42:34.560
hearing until June 3rd. Next we have continued request for hearing under notice of intent. First up, Town of Falmouth Water Quality Management Committee, 0 Nashina Street, map parcel 24-20-00002-0000 and zero Nashina Street, map parcel

152
00:42:34.560 --> 00:42:53.680
14-15A-0000500, Falmouth, Mass for permission to install a permeable reactive barrier along the shoreline. Jen, >> yes, Mr. Chairman, I have promoted Kristen Rathen up uh to present her

153
00:42:53.680 --> 00:43:10.800
project which she is working on behalf of Felmouth's water quality committee. Good evening Kristen. >> Good evening. >> I've also promoted Ken Foreman and Paul Dolman Broski up as well. Um, Ken, I

154
00:43:10.800 --> 00:43:25.040
believe you're a member of the water quality committee. And Paul, I don't know if you're with Sidwares or the committee. >> Paul is with ISOTCH. He is one of the other contractors.

155
00:43:25.040 --> 00:44:05.160
>> Perfect. Great. Sorry about that, Paul. >> Uh, Kristen, do you want me to share my screen for you or you can share your screen? >> I was in the middle of sharing mine. >> Okay, perfect. That's not the right one. Past my bedtime. All right. How does that look?

156
00:44:05.839 --> 00:44:23.359
Let me see it. Okay. All right. So, I have a few slides basically um some details on the project. So, I don't want to assume anything. So, when we're talking about a permeable reactive barrier, we're talking about an inground

157
00:44:23.359 --> 00:44:39.440
passive treatment system that's used to intercept um and clean groundwater naturally in its flow path. Um, you can use different types of media for your permeable reactive barriers. For

158
00:44:39.440 --> 00:44:56.680
this project, our goal is to use a carbon source, which is going to promote the natural microbial activity in the soil um, and help reduce the nitrogen content of that groundwater that's entering Snug Harbor.

159
00:44:56.880 --> 00:45:12.319
So, a little bit background on the project. You guys are well aware of water quality management committee and their charge to look at alternative technologies for reducing nutrient loading into the estuaries um beyond

160
00:45:12.319 --> 00:45:28.480
sewering. One of those technologies was looking at permeable reactive barriers. So in 2014, there was the results of an evaluation that the town commissioned looking at potential project sites in Falmouth for

161
00:45:28.480 --> 00:45:44.560
permeable reactive barriers. Snug Harbor came out of that evaluation as one of the top candidate sites for the implementation of this technology. However, the wastewater treatment, a lot of the

162
00:45:44.560 --> 00:46:01.440
loading to West Balmouth and to Snug Harbor is a result from the wastewater treatment facility which was upgraded in 2005. Um, modeling showed that the load, the legacy plume load should have dissipated from that system within 7 years of that

163
00:46:01.440 --> 00:46:16.880
upgrade, which would have put it around the 2013 2014 time frame. So the town decided not to pursue the permeable reactive barrier project in that area because they didn't think it would be cost effective if the nutrient plume was

164
00:46:16.880 --> 00:46:34.000
going to wash out of the system in a sooner manner. So the town decided to wait. So the degradation continued. Um these are images from last summer.

165
00:46:34.000 --> 00:46:50.240
While the town waited in that period between 2005 and 2024, um Ken Foreman and his um colleagues down at MBL, they have a network of monitoring wells. So this image on the left, all of these red

166
00:46:50.240 --> 00:47:06.319
dots are existing wells in the West Falmouth Harbor shoreline. Uh they have been collecting data there for many years. Um also during that time they did some thermal imagery of the area basically to identify temperature

167
00:47:06.319 --> 00:47:21.920
differentials in the water to find where the groundwater seeps were coming in. So in this image on the left the dark black portions those are colder water where the groundwater is entering the system. And it's hard to see in the Snug Harbor

168
00:47:21.920 --> 00:47:36.319
portion, but that's all solid black there, indicating that there's major groundwater inputs in that localized area. So, the blue line is a general representation of the area we're

169
00:47:36.319 --> 00:47:54.319
proposing for this PRB. Um, these two red dots correspond to these two wells. So this is some of Ken's data, that long-term data of this monitoring network. So you can see that location

170
00:47:54.319 --> 00:48:09.839
happens to be where the highest nitrate concentration is. So as the town waited comes 2024, the plume is still there. The nitrogen concentration has decreased some um but

171
00:48:09.839 --> 00:48:25.359
it has not dissipated by any means. So in 2025 at the persistence and of another water quality management committee member uh the town applied for and received about $450,000

172
00:48:25.359 --> 00:48:42.000
in funding for a permeable reactive barrier in Snug Harbor from the National Estuaries Program Watershed Grants Program. Um and within that proposal, there was about $200,000 of match commitments between town and project

173
00:48:42.000 --> 00:48:57.680
partner um time and labor. So that's for the the PRB itself and a couple of new monitoring wells. So now 2026, we are seeking permission to proceed with this project.

174
00:48:57.680 --> 00:49:14.960
So the project plan um the plan is for the PRV to actually be two permeable reactive barriers with two different technologies um one being emulsified vegetable oil and the other as wood chips. Both of

175
00:49:14.960 --> 00:49:33.040
these media both these technologies are proven technologies to be highly effective for reducing nitrogen concentrations. um both medias serve as the carbon source that the microbial community needs to conduct the denitrification.

176
00:49:33.040 --> 00:49:50.000
So the emulsified vegetable oil, we refer to it as EBO. Um this is a foodgrade product. It's vegetable oil with some emulsifiers in it such as sodium bicarbonate which helps maintain the proper pH balance to have the

177
00:49:50.000 --> 00:50:08.880
highest uh microbial metabolism. Um, so the EVO is installed via injection. It's just pumped um through injection points into the ground. The state underground injection control

178
00:50:08.880 --> 00:50:23.920
program requires injections to be at least 100 ft from surface waters. So the EVO portion of the project is proposed for the landward side of Nashina Street along the frontage of the Salt Pond

179
00:50:23.920 --> 00:50:40.240
area's bird sanctuary property. And the vertical extent of this would be from 15 to 40 ft below the surface. So this would be well below the root zones. Um so the EVO would not be accessible to

180
00:50:40.240 --> 00:50:58.240
any of the vegetation in the area. And the proposed length for this section is about 125 ft. The actual installation for the EVO um for this length be up to about 2 weeks, probably just over a week. Um and it's

181
00:50:58.240 --> 00:51:16.720
the least disruptive to the to the landscape. There's nothing there's no pipes or tubing or anything left after the injection points. For the wood chips, we are proposing to install columns of wood chips. Um, this

182
00:51:16.720 --> 00:51:32.240
would be a little bit further south on the seawward side of Nashina Street on the town owned parcel. Um, so the wood chips you can't get to the same depth you can with the EVO. And because we'd be closer to the shoreline, we don't

183
00:51:32.240 --> 00:51:51.040
need to be as deep. The groundwater is closer to the surface. So, for the wood chips, we're proposing up to 25 ft below the surface. Um, again, another 125 ft in length, and that's along the town parcel in the right away and just um

184
00:51:51.040 --> 00:52:07.760
inward from that where it's already been disturbed. So, the wood chips take longer to install and we anticipate about 5 weeks for those to be installed. And both the EVO and the wood chips can be installed concurrently. So total installation time would be about 5

185
00:52:07.760 --> 00:52:23.119
weeks. Uh once the PRBs have been installed, the project plan is to monitor the performance every 4 months at least through the end of 2027 cuz that's the project funding period.

186
00:52:23.119 --> 00:52:40.079
And as far as the longevity of both of these carbon sources, the EVO has a shorter longevity. Um, for the amount the volume being proposed, we anticipate up to about 7 years for functioning and

187
00:52:40.079 --> 00:52:58.079
the wood chips over 15 years. Um, both of these are temporary, long-term temporary. Um but during this period at least the seven years that gives the town more time to go through the permitting process for the ocean outfall

188
00:52:58.079 --> 00:53:14.400
um to evaluate the bigger picture plan for West Falmouth Harbor whether there would continue to be uh discharge from the treatment plant in other portions of West Falmouth or whether they would want to look at rejuvenating the EVO after

189
00:53:14.400 --> 00:53:32.720
its performance cease. So one of the one of the comments that has come up is about reducing oxygen with this technology. So the objective is to decrease the oxygen in the

190
00:53:32.720 --> 00:53:47.280
groundwater because to promote the ditrification the microbes that are performing that function function under anorobic conditions. So PRBs of this nature

191
00:53:47.280 --> 00:54:05.760
require low oxygen conditions. So Isotch has been involved with other projects where they have monitored um and measured oxygen concentrations down gradient from PRVs. So you can see decreased oxygen um in one of their

192
00:54:05.760 --> 00:54:21.599
examples 40 to 60 ft down gradient but then further downgradient you see negligible changes in that. Um if you recall we're doing a 25 ft vertical extent of EVO. So, you're going

193
00:54:21.599 --> 00:54:38.800
to have groundwater that's traveling below that that's going to be mixing with the low oxygenated groundwater before it gets out into the harbor. Um, the harbor itself is a very well-mixed system. So, you have it's it's a tidal

194
00:54:38.800 --> 00:54:53.520
system and you also have wind and wave action that mixing that water. the volume of water that's being treated by the PRB is very small in comparison to what's actually out in the harbor.

195
00:54:53.520 --> 00:55:12.480
So because of that um the amount of low dissolved oxygen water that would be coming from the PRB is not anticipated to have an impact on the ecosystem. So a little more site specifics um our project site. So this is

196
00:55:12.480 --> 00:55:29.760
basically the point up at Snug Harbor. Um this is one of those two existing monitoring wells. Back to MBL's data. This is where the highest nitrate concentration that the MBL group measures. Um this is one of the other

197
00:55:29.760 --> 00:55:47.280
monitoring wells. So the blue dotted line is the proposed location for the EVO injection. Um this is the site. if you didn't make it out there. So, we're proposing to inject along the right of way um

198
00:55:47.280 --> 00:56:04.400
where it's all primarily grass in that area. The red dotted line, that's where we're proposing for the wood chip bore holes. Um again, this is the townowned parcel.

199
00:56:04.400 --> 00:56:21.280
So it would be along the right of way and just inside the parcel line where it's already been disturbed. So when we're looking at doing a saw to pattern for that to make sure that we have a consistent barrier so that we're not

200
00:56:21.280 --> 00:56:36.000
getting water that's zigzagging through. On these maps, we have a couple of locations where we've identified um where we would like to install new monitoring wells, basically upstream and

201
00:56:36.000 --> 00:56:55.680
downstream from PRBs. Again, to the maximum extent possible in areas that are already disturbed or if there is vegetation going in and hand installing those wells. As far as the efficacy of PRBs, there's

202
00:56:55.680 --> 00:57:13.359
actually two PRBs currently in Falmouth. The most recent one was a partnership between uh the town of Falmouth through water quality management committee and HOIE. Uh this one was installed at the head of Great Pond in 2020.

203
00:57:13.359 --> 00:57:29.839
This was a demonstration project meant to try and refine the longevity estimates of the oil because that's one of the big questions out there for um cost comparisons for lifetime costs. So part

204
00:57:29.839 --> 00:57:45.599
of that project was to install what was expected to be a 2-year dose of EVO and monitor how it continued or not functioning for those two years. So the bar graph on the left shows the nitrate

205
00:57:45.599 --> 00:58:04.480
the nitrogen data from that project. So the first set is just after the EBO was injected. So it's our baseline conditions where you can see that um nitrate is high in both

206
00:58:04.480 --> 00:58:19.680
upstream the control is about 15 ft upgradient from the PRB downgradient and then 50 ft beyond and you can see very quickly how the nitrate concentration drops off to um almost non detect on the

207
00:58:19.680 --> 00:58:36.079
right that project also monitored total organic carbon which was approx proxy for the presence of the EVO in the soils. So what we have here is you see EVO in the downgradient well which would

208
00:58:36.079 --> 00:58:52.160
be expected um some dispersion along with the flow of groundwater but the orange dots those are the upgradient wells and there was no EVO detected upgradient so there was no um back

209
00:58:52.160 --> 00:59:09.040
flushing of that EVO upwards into the system. The other PRB in town was installed many moons ago by Ken Foreman and his group in 2005. This is a wood chip trench PRB on the

210
00:59:09.040 --> 00:59:24.559
shoreline of Laquit Bay. Um, so this is some of the dissolved oxygen data he provided shortly after the installation. The orange box represents where the wood chips are in this cross-section. So you

211
00:59:24.559 --> 00:59:39.839
can see higher concentration of dissolved oxygen waters coming into the treatment zone that oxygen being depleted so that the PRB can function how it's intended. Um and then it's not

212
00:59:39.839 --> 00:59:56.640
completely an oxic water that's coming out the other side. And similarly with nitrate um you can see high nitrogen concentrations coming into the PRB um being treated and then low nitrate

213
00:59:56.640 --> 01:00:14.079
concentrations coming out as far as impacts downstream. So again, this is the approximate location of Ken's PRB on the shoreline. And one of the things they noticed was directly

214
01:00:14.079 --> 01:00:31.520
downstream, it inhibited the algo growth on the shoreline. Um, as you can see the nice reddish area as opposed to it being matted with alol slime. This uh came from a more recent

215
01:00:31.520 --> 01:00:49.520
presentation. This has 15 years after Ken installed the wood chips, showing that the wood chips are still highly effective at the nitrate reduction. Um, and their estimates um, you know, there's still 80% of the

216
01:00:49.520 --> 01:01:06.160
carbon remaining in those wood chips and they estimate that that will continue to chug along for about 30 years. Um and then the last thing I have is they also did um some investigations on

217
01:01:06.160 --> 01:01:25.319
effects of the PRB downstream on the growth of some soft shell clam. And what they found was that there was no difference in the growth soft shell clams directly downstream from that barrier versus their control site.

218
01:01:33.440 --> 01:01:54.079
Thank you, Kristen. You can stop sharing. >> Sure. All righty, Jen. >> I don't have any questions regarding the the proposal.

219
01:01:54.079 --> 01:02:08.880
Can Kristen, can you just clarify from a construction standpoint, how many wells are you putting in both for the oil and for the wood chips? So, we would be looking at So, we're

220
01:02:08.880 --> 01:02:24.240
going to use what's existing there. We have at least two. Um, one may need to be rejuvenated, the one that's high up on the point, but we would be looking at installing at

221
01:02:24.240 --> 01:02:39.520
least one directly upstream from each type. Um, we would want another one downstream from the wood chips and if we're able, one within each PRB

222
01:02:39.520 --> 01:02:55.440
>> and those are the monitoring wells. Yes. >> Okay. Thank you. No further questions, Mr. Chairman. >> Anything to add, Alyssa? >> Um, just one question and my apologies if you answered it and I missed it. There was a question from someone in the

223
01:02:55.440 --> 01:03:12.559
community if the work was still set to begin um this spring or as soon as maybe you had permanent. The hope was this spring, but because it's now the middle of May, uh we will wait until after Labor Day

224
01:03:12.559 --> 01:03:29.359
>> so as to not >> upset any summer activities along Nashina Street. [clears throat] >> Duly noted. >> Okay, I'll take commissioner questions. Dave,

225
01:03:29.359 --> 01:03:45.839
>> um um let's see. Um, Kristen, you may have mentioned, I may have missed it. Um, it seems like the the wood chips are so successful in the past. I'm wondering why you chose two different technologies here. >> So, both technologies are very well

226
01:03:45.839 --> 01:04:03.839
proven. The EVO is a less expensive from a labor perspective and a quicker installation. is also temporary, you know, when you

227
01:04:03.839 --> 01:04:20.160
look at the cost effectiveness and there's secretly a slight research comparison because these two technologies have never been compared directly side by side in sichu. Um, so in the exact same setting so to provide

228
01:04:20.160 --> 01:04:36.799
scientific community and you know regulatory community a nice direct sideby-side comparison. Okay. Um, and with the EVO, that's an injection. Yep. So, you just put a like a thing in the ground, a tube or something, and just just inject it right in. Huh. Yep. Cool.

229
01:04:36.799 --> 01:04:52.480
>> Uh, does the um the chips I guess there's a there's a trench dug there. Is that correct? >> Well, so we're looking at columns. So, it would be a bore hole. So, we would have >> Well, yeah, those columns are they're inner space like you showed, >> right? because that's that's less

230
01:04:52.480 --> 01:05:08.880
disruptive than trying to trench for wood chips, especially that close to the shoreline. >> Are are they are they pounded in? How how do they get down in there? >> Um I'm going to defer to Paul Dumbrosski for the specifics of that installation because he's been part of that.

231
01:05:08.880 --> 01:05:25.839
>> Just quickly, Paul, don't don't dwell on it's in with a an augur drill rig. So the drill rig will auger a hole that's 10 to 12 inches in diameter. Um, so that this the sand will come out and and then it's replaced with a mixture of wood chips and gravel. >> Okay.

232
01:05:25.839 --> 01:05:43.079
Um, I think that's all I've got. Thank you very much, >> Ron. >> Yeah. What happens to the wind chips when you abandon the wells in 15 or 30 years? Is there just holes in the ground that collapse or you fill them in?

233
01:05:43.359 --> 01:05:58.319
>> Kristen, I'll take that one. Um, no. The the wood chips just stay as as they are. Um, one of the reasons to add the gravel is is to give it some some substance. Um, there there there may be minimal um,

234
01:05:58.319 --> 01:06:14.799
subsistence, but really really minimal. And that that's from feedback I've gotten from projects on Long Island where where there there's been several of these put in uh, out on Eastern Long Islands. Um, and and >> they will really truly never stop. Um,

235
01:06:14.799 --> 01:06:31.839
you know, the estimate is 30 plus years, but there's always going to be some carbon component. So, those wood chips will will for a very long time, um, still be doing some level of denitrification. Okay. And and removing nitrate from the water. >> What type of wood chips?

236
01:06:31.839 --> 01:06:48.160
Oak, pine, or the matter? it from what uh Stony Brook University has done um a number of u studies on different wood types and it seems some are slightly better than others but it it doesn't matter too much and and from our point of view we're going to use

237
01:06:48.160 --> 01:07:04.799
what we can get locally and um and that's generally what they've done on on some of the ones that Stony Brook University has been part of on Long Island. >> All right, thank you. That's all. Dan, >> so I actually have a question, but just

238
01:07:04.799 --> 01:07:20.400
to follow up on Ron's. So, what's the ratio of the gravel to the wood chip? >> Uh, it's approximately 75% wood chip, 25% gravel, >> so it could decompose and you could end up with holes eventually, but it's your point is it's out there 50 years or

239
01:07:20.400 --> 01:07:35.760
something. >> Okay. So, Jen, this may be a question for you. I remember when we first discussed this a couple weeks ago, I brought it up. So, does it matter? Does the the response from DMF only specifically mentions the wood chip and

240
01:07:35.760 --> 01:07:51.839
bore holes and not the injected vegetable oil. So, does that matter? >> Um, not really. It means that DMF did not really have any concerns with the EVO injections. >> Okay. >> I thought I would take it.

241
01:07:51.839 --> 01:08:07.599
>> I mean, I mean, they wrote it like they're proving the gra the, you know, the gravel and wood chip and they just they're silent on the other one. So, I don't know what to make of it. That's all. Okay. So, you don't think we need to go back and get them to clarify that? I'm okay.

242
01:08:07.599 --> 01:08:22.159
>> I I don't believe so. >> Okay. All right. I'm all set then. Thanks, Jim. >> Uh, great presentation, Kristen. Uh, I have no further questions, Mr. Chair. >> Thank you. I mean, the only one I had is

243
01:08:22.159 --> 01:08:39.040
um when we're talking about sort of monitoring the the the low oxygen water going back into the system, if you know, if it's found that it's actually affecting the system, can this be removed if it needs to be or what what's

244
01:08:39.040 --> 01:08:54.880
the the plan for that? I mean, I'm not guessing, but I'm just curious if all of a sudden, you know, a plume of de oxygen, you know, you're getting an oxic water going into the system and it's actually negatively affecting um the harbor area. Um is there a way to

245
01:08:54.880 --> 01:09:12.080
mitigate that if it ever happened? >> So, there are you could add a became a large problem. Right now with how much algae and phytolanton grow in that system in the summer, there's no

246
01:09:12.080 --> 01:09:28.880
oxygen in the water naturally. So I think it would be more of a steady state than doing further degradation to it. But there are ways that you could manually airate the water if you needed to.

247
01:09:28.880 --> 01:09:44.319
>> Yep. Thank you, Dave. I see your hand up. I have one more question I forgot to ask. At one point, uh Kristen, [clears throat] you mentioned uh buying time for the town for a longer term solution. Is what what's that about? Or is is there a different solution long term they're thinking about?

248
01:09:44.319 --> 01:10:00.080
>> Well, so there's still if you're looking at West Falmouth Harbor as a whole, you know, the town is starting to work on watershed planning for the estuaries as a whole as opposed to individual subwaterheds. Right now the discharge from the

249
01:10:00.080 --> 01:10:15.360
municipal treatment plant primarily goes to West Falmouth and Herringbrook and that comes through Mashipacwick Creek but it impacts all of West Falmouth inherently >> as the town is looking at discharge

250
01:10:15.360 --> 01:10:30.000
options for expanding sewer. They're looking at the ocean outfall which would mean discharge landbased discharge at the treatment plant would stop. Um, so that would be additional a large amount of loading that's coming to West

251
01:10:30.000 --> 01:10:48.880
Falmouth as a whole that would stop. Um, so you'd have to have time to see what the localized effects are in which parts of West Falmouth. >> Okay. Well, thank you. >> All right. Um, Jen, is there anything in

252
01:10:48.880 --> 01:11:05.360
the public chat or audience questions? >> Nothing in the public chat, Mr. Chairman. >> All right. >> I make a motion to close the hearing and take it under advisement. Driscoll. >> 10 seconds. >> Got a motion, a second to close the

253
01:11:05.360 --> 01:11:22.159
hearing and take it under advisement. Any questions? Hearing and seeing none, I will call the role. Dave, >> uh, can I again? Nice presentation. Thanks. Wall sh >> Ron >> Crystal I

254
01:11:22.159 --> 01:11:37.280
>> Jim >> McCra I >> and Duffy motion passes to close the hearing and take down advisement. Thanks Kristen for the presentation. >> Thank you very much. >> Thanks a lot. Do you all?

255
01:11:37.280 --> 01:11:54.840
>> Okay. Next we have town of Felmouth Beach Department, Felmouth Beaches, Felmouth, Mass permission to implement the 2026 Falmouth beach management plan. >> One second, Mr. Chairman. Why I

256
01:11:57.360 --> 01:12:13.360
put Paul and Ken back? Ken left. Oh, there we go. Um there is nobody here for the beach management project. We were solely waiting on comments from natural heritage which we received 5 minutes

257
01:12:13.360 --> 01:12:29.280
before last week's hearing. Um we've reviewed that. We've gone over that with the project team. They have a greater uh conversation that they need to have with natural heritage under whether or not this needs to be permanent under the

258
01:12:29.280 --> 01:12:46.679
Massachusetts Endangered Species Act. But as far as we are concerned, we have their comments. We have their time of year restrictions. We have everything we need to issue an order of conditions for this project. >> All right.

259
01:12:47.280 --> 01:13:04.159
Any questions from anybody here? I have a procedural one. So normal with DP, we don't close hearings until we get numbers. with Natural Heritage, we can close things without having closure on the issues that they raise.

260
01:13:04.159 --> 01:13:21.120
>> No closures on the issues they raised under the Wetlands Protection Act. They're working through it's the same time of year restrictions, everything else. They're just going through a larger review whether or not the acreage

261
01:13:21.120 --> 01:13:37.840
triggers a review under MISA. still going to end up with the same conditions, but they're looking at whether their acreage trips um the threshold where they have to file with MISA.

262
01:13:37.840 --> 01:13:51.760
>> Okay. >> So, there is Yeah. What was that? >> I thought, let's see. I thought what I read was there's a whole lot of questions over what they were going to do and how they were going to do it and so forth. Is that all connected to Misa? >> No, that's not connected to me. What are

263
01:13:51.760 --> 01:14:09.040
you specifically asking, Dan? >> Well, I thought if we need to bring the project team back, we'd be happy to. >> All I'm trying to get at is as I read the report you guys forwarded from the the division from is it DMF or Natural Heritage? Which one was it?

264
01:14:09.040 --> 01:14:32.480
>> Natural Heritage. It should have been. >> Hang on. [sighs] uh beach management plan. >> Jen, I think typically any MISA or MEPA filing happens after a decision from this commission is issued because it's a much longer process.

265
01:14:32.480 --> 01:14:48.920
>> Correct. >> So there typically do close. >> Sure. So as you look at Yeah. DMF, it had a whole bunch of issues in it, right? mean >> and it was asking for a whole bunch of additional information

266
01:14:49.360 --> 01:15:04.480
>> that was >> this is found conservation commission town beaches uh Alyssa you sent this out either yesterday or today it's got five at least five sections where it wants

267
01:15:04.480 --> 01:15:19.920
other stuff right how you going to do the fencing site maps equipment and vehicles and then it has the you know it's the endangered species issues and yes at the very end of it it says

268
01:15:19.920 --> 01:15:38.640
MISA filing fee wasn't correct but that's >> so under us under they're just asking it a lot more questions >> under MISA with us we're going to put those time of year restrictions in and those time of year restrictions are

269
01:15:38.640 --> 01:15:55.040
going to lock down any work they do >> and then we will get that MISA report and work through that. >> Under the Wetlands Protection Act and under our regulations, the guidance that they provided is sufficient to issue that order of conditions.

270
01:15:55.040 --> 01:16:11.280
>> Okay. All right. Thank you. >> Yep. >> Okay. >> They're looking MISA's looking at a whole different set of thresholds than what we look at. >> I understand what you're looking at now that I'm reading it again. Um, but that'll all get flushed out and we'll

271
01:16:11.280 --> 01:16:27.199
take care of it within the order of conditions and when we're working with the beach department and DPW throughout the life of this permit. >> And so does do those conditions, whatever they close on, end up in the order of conditions for the beach

272
01:16:27.199 --> 01:16:42.719
department or how does they get >> they're they're going to issue it a whole different like a chapter 91 license is issued and it has a whole different conditions. They're going to issue a whole another permit that has these conditions. >> Got it. >> That they'll that that they will have to

273
01:16:42.719 --> 01:16:59.440
adhere to. >> Got it. Okay. So, it's covered independently. >> Correct. >> Thank you. >> All right. Anything in the public chat, Dad? >> Nothing in the public chat regarding this project.

274
01:16:59.440 --> 01:17:16.960
>> All right. Oh, I guess we'll make a motion to close the hearing and take it under adisement. 10 seconds. All right, I got a motion and a second to close and take it under advisement. All right, see no questions. Dave,

275
01:17:16.960 --> 01:17:31.760
>> I'm all set. >> Dan, >> I >> Ron >> Driscoll I >> Jim >> McGrath I >> Duffy I motion passes to close the hearing and take it under advisement.

276
01:17:31.760 --> 01:17:50.640
Next, Brian Mclofflin, Falmouth Pier 37, Inc. 6488 110 and zeros nav map parcel 47B-9- 003-0000 Falmouth, Mass for permission to replace and relocate the bulkhead, remove a

277
01:17:50.640 --> 01:18:07.360
portion of Phil Tide lands and expand the existing dock system. Jen. >> Yes, Mr. Chairman. I have promoted Tom Pazarkski for mel engineering to present his amended to project Tom is

278
01:18:07.360 --> 01:18:23.760
there a continued project excuse me Tom is there anybody else on your project team I'm promoting >> yes please Barry Fogle please >> okay thank you that's kind of what I say anything >> okay uh Mr. Fogle is coming in as a panelist

279
01:18:23.760 --> 01:18:41.520
as well. Thank you, Tom. >> Yep. You're welcome. >> Tom, the floor is yours. >> Okay. Um, [clears throat] at the last hearing, we were asked to take a look at we gave a pretty thorough presentation on the overall

280
01:18:41.520 --> 01:18:58.640
characteristics and basically what we're looking to do. Um, and the changes since that meeting, we were asked to go ahead and take a closer look at the 16 foot long bulkhead that's adjacent to the boat ramp. I don't know if you can put up the plans or if you want to share,

281
01:18:58.640 --> 01:19:28.080
um, I can bring up the plans. >> Uh, Tom, I don't have them queued up. I didn't realize you needed me to. So, if you have them queued up, that would be great. >> Okay. some reason I'm having a problem sharing. >> So So John, if it's of any help, I I

282
01:19:28.080 --> 01:19:44.080
think I raised the issue last time and I looked at the plans and I I think they're fine. >> Yeah. Yeah. I mean, that was that was the one issue we were asked to take a look at. Um and we reviewed it with the town engineer and on April 15th he replied to us the proposed sheet piling

283
01:19:44.080 --> 01:19:59.120
construction is reasonable. The changes that were made to that plan is we made a more stout design with stamped structural drawings was submitted to the town on that small bulkhead. We've doubled up the piles that are located then there with steel sheet piling

284
01:19:59.120 --> 01:20:16.880
whalers and tiebacks. We're going to go manta ray tiebacks as well to tie it down. Uh, and I think the other important change that we had to the plans too is we've eliminated a couple of the floats. Um, so there'll be less floats in the water and probably 16 to

285
01:20:16.880 --> 01:20:36.320
20 less piles in the water and that's all I have. >> Thank you. Um, Jen, >> yes, Mr. Chairman, I'm trying to get my VPN to work and it's just not working. So I I am unable to share a plan for

286
01:20:36.320 --> 01:20:52.960
you. Apologize for that. But I think uh Tom summed it up nicely. They're rearranging coming some a couple of the slips. I think they Tom you added one small little tiny finger pier over there or float system to the north. >> Yeah, that was I think that was on the

287
01:20:52.960 --> 01:21:07.679
other the plan, but that's adjacent to the town uh ramp. Yeah. >> Okay. Okay. So Dan, uh yes, you did raise the question. The engineer did uh town engineer did take a look at it. I think we are all set.

288
01:21:07.679 --> 01:21:27.679
>> I do too. >> All right. Well, any other questions from commissioners? >> Alyssa, >> just a quorum. Um Dave, you're not on this one. >> Can we do it for Yeah. >> Yeah.

289
01:21:27.679 --> 01:21:43.679
>> All right. Perfect. >> All right. Make a motion to close the hearing and take it under adisement. Driscoll >> seconds. >> I got a motion and a second to close and take it under advisement. Chad, anything in the public chat? >> Nothing in the public chat, Mr. Chairman.

290
01:21:43.679 --> 01:22:01.040
>> Thank you. All right. Call the role. Ron, >> Chris, >> Dan, >> Walsh, >> Jim, >> I >> Duffy, I motion passes to close this hearing and take our advisement. Thanks, Tom. >> Okay. Thank you folks and thanks

291
01:22:01.040 --> 01:22:16.400
>> attorney Vogle. >> Thank you. Thanks for all your help. Appreciate it. >> Next. Continued requests to amend an existing order of conditions. Maria and James Cwley, 29 Miami Avenue,

292
01:22:16.400 --> 01:22:33.760
Fmouth, Mass. Request to amend the order of conditions for mass DP number 25-4722 to raise an existing single family billet dwelling, construct a new sing family dwelling with the attached garage installer pool and install mitigation

293
01:22:33.760 --> 01:22:48.719
plantings. Jen, >> yes, Mr. Chairman, I have promoted Tom Bunker and Maria Hickeyi uh to present their project. Good evening, Tom. >> Good evening. It's been [clears throat] a been a long evening.

294
01:22:48.719 --> 01:23:03.600
Uh but but we learned a lot about uh about whatever cleaning up the water. [laughter] Uh hope >> it works work. >> Yeah. So uh yeah, we here before Maria's here and get right to it and show you

295
01:23:03.600 --> 01:24:13.239
what we've done and open to questions if um >> go ahead. Yeah. One. Hold on one second. Get the wrong one again. Get that over there. I don't know this goes.

296
01:24:14.639 --> 01:24:51.199
Same problem I have still with having two monitors and I haven't figured it out fully yet. Tom, I still can't get on my VPN. So, you got to figure it out. [laughter] >> I don't know what's going on. >> Yeah, >> you need to change your screen saver to

297
01:24:51.199 --> 01:25:15.199
summer. [laughter] I don't like seeing all the snow. There we go. Do you see anything now? >> Yes. >> Yes. >> You see the plan? >> Yes. >> Yes. >> It says here that you can. Okay. So,

298
01:25:15.199 --> 01:25:35.840
finally. Sorry about that. Um so what we we had um after the last meeting there were some uh requests being made and some suggestions uh basically to make a little bit more room

299
01:25:35.840 --> 01:25:53.600
in the uh the backyard around the pool. So, uh the the big change was that we've moved the um the house uh 2 and 1/2 ft closer to the road. This this uh setback was 28 ft. We moved it 25.5.

300
01:25:53.600 --> 01:26:08.320
Of course, that moved some amount of it from the uh zone A to the zone B. So, it reduced the mitigation slightly. The uh pool was it's a different different pool. It's shorter and wider but overall

301
01:26:08.320 --> 01:26:25.360
uh slightly uh smaller footprint again reduce the uh so this reduces the coverage a little bit more reduces the uh the mitigation there a little bit more space here they wanted to move it get more room between the house and the pool uh so we still

302
01:26:25.360 --> 01:26:42.159
have 10 1/2 ft this time from the uh edge of the pool uh coping is 10 and 1/2 ft rather than before we showed it from there's only 10 ft or less from the pool water to the mitigation. And of course, we moved the mitigation uh which had

303
01:26:42.159 --> 01:26:59.360
been more in the the north side of the pool, moved that to the south because of course people sitting in the north might people want to sit facing the pool and facing south at the same time. So we made more of the lawn area up at the top here. um

304
01:26:59.360 --> 01:27:16.800
move the uh the plant the mitigation planting around so there's more of it down on the south line, but we kept the trees up here. I moved these trees another foot or two away from the property line. Uh added two trees here.

305
01:27:16.800 --> 01:27:32.080
Um took out the tree that was going to be too close to the garage. Um, Maria wrote up a a new uh an amend an amended uh narrative sort of

306
01:27:32.080 --> 01:27:47.199
uh removing any mention of of spraying herbicide or or anything like that and limiting it to mechanical removal of the uh invasive plants on the bank. And I'm sorry I missed the one thing about

307
01:27:47.199 --> 01:28:02.320
adding a second uh limit of work down at the base of the bank which would uh separate the uh uh English ivy removal from the um the uh the wetland plants

308
01:28:02.320 --> 01:28:18.880
there um the bakaras um at the bottom of the bank the beginning of the uh the wetland there. Um there's still in the uh staff report um

309
01:28:18.880 --> 01:28:34.800
still comments regarding um well basically mainly a a site visit prior to the tree installation to confirm the locations of of these and other trees. I think there's a recommend

310
01:28:34.800 --> 01:28:50.000
recommendation to move them over. I think we will uh before that time or or contemporaneous with the site visit, we will al probably also be discussing a vista pruning uh window 25 ft wide

311
01:28:50.000 --> 01:29:04.639
uh as yet to be determined, but but looking out obviously toward the water um and keep the trees out of that uh vista window there. Uh there's still an issue an area up in

312
01:29:04.639 --> 01:29:21.040
this location which uh there's a an area of of English ivy um that Lisa said is more suited to restoration than being used as mitigation. Um so

313
01:29:21.040 --> 01:29:37.199
I think we'll we'll take it we we I think um Maria I'll have talk about that. Um, we talked this afternoon, but I think Maria has a clearer picture of what we would do regarding that. Uh, I hope we can wrap this up tonight with

314
01:29:37.199 --> 01:29:54.400
some conditions and uh for moving some of that mitigation out and then um when the time comes meet with staff uh to discuss the uh location of the trees in the Vista Corridor. So, uh, Maria, do

315
01:29:54.400 --> 01:30:09.760
you want to, uh, take it? Want me to leave this up for you? >> Absolutely. Good evening, everyone. For the record, Maria Hickeyi, Maria Hickeyi from Maria Hick and Associates Landscapes. It's past my bedtime, so I'll be short right to the point. As Tom

316
01:30:09.760 --> 01:30:25.280
mentioned, the house is moving 2 and 1/2 ft closer to the road. The pool size has uh, changed. It's a little smaller. It's shifted um, its location. The pool has an automatic pool cover, so we will not

317
01:30:25.280 --> 01:30:41.360
need to put in a fence, which was previously shown at um the hearing that we had three weeks ago. Um a couple of clarifications. So, the removal of the invasive vegetation and the ivy is limited just,

318
01:30:41.360 --> 01:30:57.520
you know, to the upper area um where we're showing the mitigation. It's not in the coastal bank at all. the coastal bank um eradication of the English ivy will be a manual extraction with no

319
01:30:57.520 --> 01:31:12.800
herbicides used. Um the limit of work on that is about halfway down the hill. It's a significant distance from the bakaras and the wetland. Um we're not even getting close to that. Um there were concerns with Alyssa that she would

320
01:31:12.800 --> 01:31:29.760
prefer that we don't um count as mitigation credit an area small area that has English ivy and that be restoration. It's about two to three shrubs. We can easily move them into an area that's currently shown as lawn. I'd

321
01:31:29.760 --> 01:31:48.400
be happy to meet with staff in the field before we do any planting um or even before we do our clearing to go over the parameters and tree placements etc etc. Um but I think the biggest benefit of the planting plan is that it includes an

322
01:31:48.400 --> 01:32:06.480
understory of woody shrubs. Currently right out there there are there is no understory. There are trees and there's English ivy. um and it really limited limits your um habitat value. And so we're going to now be providing a nice

323
01:32:06.480 --> 01:32:23.760
um combination of native woody shrubs as well as the existing trees. It's got a fairly dense canopy as it is right now. And I think the biggest objective will be to remove all that English ivy. As we all know, it likes to climb. and we're

324
01:32:23.760 --> 01:32:40.800
trying to protect, you know, the remaining trees that are out there that are um slowly going to be overtaken by this ivy. And I'm happy to answer any questions that you may have. And again, look forward to meeting with staff out in the

325
01:32:40.800 --> 01:32:58.239
field, you know, before any work commences and then after it's cleared so we can confirm locations of plants and trees. Thanks, Tom. Thanks, Maria. Take this down.

326
01:32:58.239 --> 01:33:18.000
>> Sure. All right, Ken. First off, um Tom, what is the square foot of what is the square footage of the proposed mitigation you have on your plan where the English ivy is? It's been

327
01:33:18.000 --> 01:33:33.600
mentioned in both staff reports that the mitigation cannot be where the ivy is. It's still being shown where the ivy is. What is the square footage? >> I'm not sure. >> Well, we think it's a little bit more than one or two or three shrubs. So,

328
01:33:33.600 --> 01:33:50.000
>> is that along the uh >> the north property line where there's some uh dillies and and all? >> Alissa, can you clarify? >> Yeah, I mean that's why I put a picture from that angle. It's like that entire northern property section. Um, minus

329
01:33:50.000 --> 01:34:06.960
those dillies. So, it seems like a significant amount of space. Um, I'm not sure why I watched the hearing that I missed the last time. I don't really think it was touched upon for some reason. Um, but it's a fairly large area.

330
01:34:06.960 --> 01:34:22.320
It's going to take up a lot more lawn. You know what I mean? So, >> don't know if you have the room. >> Yeah. Well, we actually shifted um our mitigation plants to the south side. >> Mhm. And you need to shift more of them

331
01:34:22.320 --> 01:34:42.400
to the south side. >> And I know that Tom and I met and we went over the square footage and it seemed like we had plenty of room. >> We respectfully disagree. Another thing, um, Vista,

332
01:34:42.400 --> 01:34:59.760
Vista wasn't mentioned at the first hearing. Vista wasn't put on the plan. All of a sudden, Vista is being mentioned. And I'm sorry, I kind of thought at the first hearing you had a problem with relocating the trees on the northern property line due to shade on

333
01:34:59.760 --> 01:35:16.880
the bank, even though there's shade on the northern property line. And now it seems like you don't want to put a tree there because we're proposing a vista all of a sudden. That was never mentioned before tonight's hearing. >> So in the last hearing um a vista

334
01:35:16.880 --> 01:35:33.520
corridor was brought up and we were asked to put one identify it on the plan. >> Okay. And and that's why when there was a right and then when there was a continuence >> I asked for clarification of what is it that you would like to see included in under the continuence and again that was

335
01:35:33.520 --> 01:35:49.520
reiterated. Tom didn't put it on the plan. >> Yeah. He didn't put it on the plan and I pointed that out to him. Um and he had already submitted it. That's why if there's a Vista corridor

336
01:35:49.520 --> 01:36:06.760
down the road, we would address that through an RDA or an amendment to this plan. I don't think myself personally there was a a big need for one. It's fairly densely

337
01:36:07.440 --> 01:36:23.280
>> populated the canopy. So, I'm going to go back to then why can't we if shade is a problem, why are we sticking the three trees under the 14in oak and the other 14 or the 18in oak and the 14in oak, but

338
01:36:23.280 --> 01:36:39.840
we can't put the tree on the back. So the the tree that's coming down is three out of the four major limbs, if Tom, if you want to bring up the plan again, um are dead and they have huge caverns in

339
01:36:39.840 --> 01:36:56.639
them and the tree is structurally unsound. And the way that the sun comes, there's plenty of sun on the north lot line. Um, okay. So, if you look, um, on the existing conditions plan, there's an

340
01:36:56.639 --> 01:37:13.600
X on a large tree that's right smack in the middle. You see that, Tom? >> Up here, >> everybody. Okay. No, it's right where the existing house is. Almost like in the center there's um, if you zoom in, >> this one by the bank.

341
01:37:13.600 --> 01:37:31.440
>> Yep. Yep. Bonnie Oak, Tom. >> Okay. Yeah, >> that tree is about 90% dead. And if you look up in the air, the canopy is so crowded because you have a huge strand stand of

342
01:37:31.440 --> 01:37:48.960
uh black oaks all in the south corner. And then um on the whole section where like the shed is and the north lot line that gets full sun all day, which is why on the proposed plan, I thought it would be a

343
01:37:48.960 --> 01:38:04.880
great place to place some of the trees. I want the trees to not just survive, I want them to thrive. And that's why I have them in full sun in an area that um has very

344
01:38:04.880 --> 01:38:29.440
it's lawn, it's day lilies. There's some ivy way over on the corner as you go down the hillside. and the whole bank if you if um so basically if you go from where the proposed pool is towards the pond that

345
01:38:29.440 --> 01:38:45.920
whole area I have a dense very very dense um proposed planting plan of native shrubs there are there's not a single native shrub in there right now there's a lot of trees on the property there's no

346
01:38:45.920 --> 01:39:03.600
native shrubs and I want to be able to provide a nice densely planted understory. Um, and in order to do that, I I need some light. Um, if we go to like full shade plants, we're a little bit more restricted in what's going to

347
01:39:03.600 --> 01:39:19.679
not only survive, but thrive in that area. Um, so I'm looking at I professionally feel it's better to have a mix of vertical and horizontal density trees and shrubs than just trees.

348
01:39:19.679 --> 01:39:36.159
>> No, I'm going back to your statements of what you made at the last hearing and now they seem to be different. Okay. >> No, I'm moving past that. I'm moving past that. I want to go back to the ivy on the northern property line. Yep. >> Um Tom, it is

349
01:39:36.159 --> 01:39:52.080
a lot more than one or two or three shrubs. So therefore, we would like you to go back. It's been mentioned twice now in the staff reports and it was not addressed by your project team to look at that area mitigation and find another

350
01:39:52.080 --> 01:40:10.239
place for it or reduce the size of the project. That's all I have, Mr. Chairman. Thank you. Alyssa, do you have anything to add? >> Um, yeah, I think Tom's kind of highlighting it there. You know, there

351
01:40:10.239 --> 01:40:25.520
is an existing edge of lawn and that sort of lily gardens as pools really just that median, you know, hemisphere of a circle there. Um, so I mean we can see that that's currently vegetated and also simultaneously proposed for

352
01:40:25.520 --> 01:40:42.080
mitigation. So it's just double dipping and not something that we do under the regs. Um, so that'll just need to continue to be looked at. Um, and it sounds like if diversity is what we're after, then maybe an understory tree on the bank could be a happy medium between everything. [clears throat]

353
01:40:42.080 --> 01:40:59.520
>> Um, that's all I have for now. >> All right. You can stop sharing. >> Okay. [snorts] >> All right. Anything from commissioners? Start you, Dan. >> [clears throat] >> No, I don't have any questions other I

354
01:40:59.520 --> 01:41:16.719
have one for Jennifer, but that can wait till the end. >> Jim, >> no questions, Mr. Chairman. >> Dave, >> no questions, >> Ron. >> Uh, no question. I just think there's a lot that he worked out. There doesn't seem to be some confusion between the

355
01:41:16.719 --> 01:41:31.760
agents and project team and the commission. So, that's all. Thank you. >> All right. Yeah, that would have been sort of my question is since it's pretty much right now what we're looking at is

356
01:41:31.760 --> 01:41:48.560
the the volume of plantings and that sort of thing. Can this can that be worked out when you guys go on site or should we do we need a continuance to actually show the actual you know cuz usually you see some on these plans a

357
01:41:48.560 --> 01:42:04.560
calculation of you know you know times 2* 3 square foot and it's measured out. Um, so if that needs to happen, then I would probably almost recommend

358
01:42:04.560 --> 01:42:20.639
it continues to have that put on the plan. >> But we do have that on the plan. >> Just that some of that that and I don't know how many square feet it is is up at the north lot line. Uh, >> yep. Sorry, I see that. >> Yeah. >> I mean, not not not all of the area

359
01:42:20.639 --> 01:42:36.880
where the ces pool is is English ivy. Um, and I but I don't know exactly how much is English ivy up there. >> I think that needs to be worked out, Tom, just so we have a very clear plan. Um, and then it would be helpful to have

360
01:42:36.880 --> 01:42:53.440
the Vista put on the plan. If we're going to do this, we might as well just have the Vista put Oh, well, no, let's work out the Vista later. The house isn't built. So, >> yeah, >> work out the vista later because I don't want I don't particularly like approving

361
01:42:53.440 --> 01:43:10.159
vistas when a house isn't even built because then the people they go in the house, they think they want it this way and then all of a sudden it's this is their preferred view. So, I I I apologize for that. But I do think we need to work that area of English Ivy out. It has been a concern of the staff

362
01:43:10.159 --> 01:43:27.040
for the last two staff reports and really hasn't been addressed. So, I think it wouldn't it wouldn't hurt us for one more small continuence and see if we can't get that worked out. Tom, >> um, can can mitigation planting go where

363
01:43:27.040 --> 01:43:44.560
daily and things like that are or is >> we can talk in the field, Tom? >> Is it just the English ivy that's the problem? Alista, >> you've looked at the field conditions. Is it more over the >> I mean, there's a couple ornamental shrubs. Um,

364
01:43:44.560 --> 01:44:01.280
it's been a minute, so maybe a site visit. Alissa, Alissa and Jen, would you guys would you feel comfortable meeting Tom and I on site, actually staking out on the lawn

365
01:44:01.280 --> 01:44:17.199
the exact places of where the mitigation plants are going to go and Tom would just submit a revised updated plan where that square footage what that square footage is. Um, having been out there many, many times, I feel like it's

366
01:44:17.199 --> 01:44:33.440
something that we could fairly easily straightforward work out. I have no problems with wherever you want to shape the bed. >> I'd like the board to see the plan. So, be happy to meet with you, but this still going to be the staff is still

367
01:44:33.440 --> 01:44:57.199
going to recommend a continuence. >> Okay. Um so yeah what is the uh pleasure uh what date works for a continuence then? >> It's going to have to be the 3rd because

368
01:44:57.199 --> 01:45:14.000
we can't have it like you guys can't get it planned by next week. So and we don't meet the 27th. This will be >> continuence we have on the third. This would be the fourth continuence for the third. So, I'd probably cap it at that.

369
01:45:14.000 --> 01:45:29.679
>> Yeah. Yeah. >> Tom, I don't see any reason why. >> Tom, is it possible for you to get them the plan by next week? So, it could be on the next >> Well, the hearing is there's no meeting on the 27th. >> We don't meet on the 27th.

370
01:45:29.679 --> 01:45:45.840
>> Yeah. >> Like I said, I'm up past my bedtime, so [laughter] I >> think we all are hearing until June 3rd, 226. Driscoll second. Got a motion, a second to continue hearing the June 3rd

371
01:45:45.840 --> 01:46:01.440
questions. Seeing none, Dan >> Ron >> Priscali, >> Jim >> Gre >> Dave >> and FBI motion passes to continue this

372
01:46:01.440 --> 01:46:18.639
till June 3. Thank you, Tom. Thank you, Maria. >> Thank you, everyone. >> All right. And now we have Paul Lieberman and Rachel Nagger. P. Lieberman 2015 revocable trust 24 Westwood Road,

373
01:46:18.639 --> 01:46:36.000
Falmouth, Mass. Request to amend an order of conditions for mass DP25-4829 to install restorations restoration plantings. Jen, >> uh, yeah, just getting Maria back into

374
01:46:36.000 --> 01:46:53.040
attendees. Uh, yes, Mr. Mr. Chairman, we did uh we met with the applicants represented this week, Alyssa. They submitted their revised plan today, correct? So, we are all set to be continue this until next week and

375
01:46:53.040 --> 01:47:09.679
hopefully we can close it. >> Okay, >> we need to make a motion for that >> motion to continue this hearing till May 20th. Driscoll, >> 10 seconds. We got a motion a second to continue

376
01:47:09.679 --> 01:47:26.639
this hearing until May 20th. Questions. Seeing none, I will call the role. Dan >> show. >> Ron >> Driscoll I >> Jim I. >> Dave >> Hi.

377
01:47:26.639 --> 01:47:41.920
>> And a motion to move this hearing till May 20th is passed. Next. Continue a request for certificate of compliance. Timothy Leum Trust RNG Rail Trust 1209 East Falmouth Highway

378
01:47:41.920 --> 01:48:03.679
East Fmouth Mass request for a partial certificate of compliance for mass DP number 25-4524 Jen. >> Yes, Mr. Chairman, this uh request has been withdrawn. >> Beautiful.

379
01:48:03.679 --> 01:48:21.920
All right. Now, continued hearings under remanded enforcement order. Jane Sahaggan 21 Davis Neck Road found with mass unpermitted vegetation removal within conservation jurisdiction. Jen,

380
01:48:21.920 --> 01:48:39.119
>> yes, I will be promoting Mr. Sahesian um to address the board. This enforcement has uh been remanded back to us and I will turn it over to Alyssa to give you some

381
01:48:39.119 --> 01:48:54.960
background. And where is Mr. Sahasian? Hang on. Let's try to grab Mr. Sahesian again. Mr. Sahasian, you're going to have to you're going to have to accept being promoted to a panelist. Did

382
01:48:54.960 --> 01:49:29.600
he want to address the board, Alyssa? >> Yes. Yeah, Mr. Hian, you're going to get a little notification. Just click on the button. >> He's declining. >> Try clicking the other button. Mr. Sahesian, you keep declining to be

383
01:49:29.600 --> 01:50:07.840
promoted as a panelist. I'm going to try again, sir. So, there is a functionality where I can allow them to talk while being an attendee. We just can't see the video. I accidentally did that once before. So, I can click this button and see what

384
01:50:07.840 --> 01:50:22.719
happens. >> Mr. Sahesian, if you want to address the board, we can allow you to talk as an attendee. If you want to address the board, can you use the raised hand function at the bottom of the screen where you see audio, video,

385
01:50:22.719 --> 01:50:43.679
participants, chat, raise hand. Just click on that little raised hand function and we'll let you talk to the board or we'll be able to let you talk to the board. >> Um, >> I can begin.

386
01:50:43.679 --> 01:51:00.800
while working on technical difficulties. Melissa, if you want to >> Yeah, because they can still hear. >> Yes. >> Um Yes. So, this enforcement hearing is before you tonight. Um I realized today that I think only Ron um is aware of this enforcement from when it was

387
01:51:00.800 --> 01:51:18.000
originally issued in early 2025. Um, essentially when an enforcement order was issued on this property, it was appealed by the property owner. Um, through the court dealings, it was remanded back to us to continue to work with the property owner towards a

388
01:51:18.000 --> 01:51:34.239
resolution. Um, what I will do is tomorrow send the commission um, a copy of that enforcement order and um, our staff report from that hearing. Um, essentially we got to the point where

389
01:51:34.239 --> 01:51:50.639
the commission had required some reveation of a part of the property where uh, zone A vegetation was removed without a permit. Um, there was a requirement for an updated site plan to denote that area and through the process

390
01:51:50.639 --> 01:52:07.440
um, permit after the fact some work that took place in the flood zone. Um there were a couple other issues on site that had been remediated during the course of that initial enforcement hearing. Um so at this point I had also sent you um a letter from the property owner

391
01:52:07.440 --> 01:52:24.800
describing his position on the matter. He is also currently proposing some um plantings in the backyard of the property. Um so I I do know Mr. Asian would like to extend um his approval for the commission to go onto the property to

392
01:52:24.800 --> 01:52:39.840
see it. >> Um staff is meeting with him Friday afternoon to review his proposal uh in more depth and hopefully looking for the board's decision at the May 20th hearing.

393
01:52:39.840 --> 01:52:55.360
Um the the staff's uh and and the property owners um main concern at the moment is I think a a disagreement on the reveation. Staff

394
01:52:55.360 --> 01:53:12.800
finds that zone A vegetation was removed and should be replaced. Um the property owner contends that they did not remove any originally required plantings from the buffer. That is true. There were no plantings that were installed that were required

395
01:53:12.800 --> 01:53:29.440
through a permitting process. It was just natural vegetation that existed in a buffer. >> Um and over time those buffer regulations became more stringent and more official as a part of the wetland regulations. Um, so though they were not required

396
01:53:29.440 --> 01:53:45.360
planting such as mitigation or restoration that we see in various permits, it was existing and required a permit to be removed and replaced. Um, so at this time I'm going to try to click on this button here and see if we

397
01:53:45.360 --> 01:54:02.639
can hear you, Mr. Sahesian. Um, oh, they might be here. >> Yep, there we go. I'm sending you a little button here so that you can turn on your audio and address the board if you can click on

398
01:54:02.639 --> 01:54:17.040
that. There you go. So, we can probably hear you if you try to talk. >> Um, I think you have u summed up exactly what the history of this matter is. Um, I'm looking forward to the meeting on

399
01:54:17.040 --> 01:54:34.880
Friday with uh with Jan and yourself um to discuss my proposal. um which I then assume will be put in front of the board on the 20th. Uh as you >> Yes, I have sent them your letter in the meantime. >> Yep. Um

400
01:54:34.880 --> 01:54:50.159
I have a uh another hearing in front of Judge Gild Day on the 28th and I would like very much to be able to say that we've come to a agreement of mind as to what needs to be done to resolve the

401
01:54:50.159 --> 01:55:06.239
issue. Perfect. >> Thank you, Mr. Sah. Yeah. >> So, I think at this time, unless the board has any initial questions, um it would just be a matter of me providing you with the formal materials since many of you weren't a part of that original

402
01:55:06.239 --> 01:55:28.320
process, um visiting the site during your next round of site visits and reconvening at the next hearing. >> Right. >> All right. Um, does anybody have any questions at this point? >> Just clarification. So, when are when is

403
01:55:28.320 --> 01:55:45.040
Mr. Jeen looking for closure on this? I'm just trying to figure out the you're you're meeting this Friday with him, but and when are we going to talk about this next? >> Um, at the next hearing. So, what I'll do is I'll send you um the prior materials so that you can see where we

404
01:55:45.040 --> 01:56:01.599
ended things um and kind of the proposal that Mr. Sahasian has to address that and it'll be the commission's position to determine if that is sufficient if the um you know like like the original enforcement requirements are still going

405
01:56:01.599 --> 01:56:19.360
to be required um if a plan is going to be required or if he should um work with the staff um some combination of that. >> Got it. Thank you. >> You're welcome. All right. Motion to continue until May

406
01:56:19.360 --> 01:56:35.840
20th. >> Can second. >> All right. I got a motion and a second to continue this hearing until May 20th. Any questions? >> Seeing none. Dan >> Roni.

407
01:56:35.840 --> 01:56:50.880
>> Jim. >> Yeah. I >> Dave >> can't I >> and FBI motion passes to continue this hearing until May 20th. >> Thank you. >> Thank you Mr. S. >> Friday.

408
01:56:50.880 --> 01:57:11.119
>> Thanks. See you then. >> All right. [clears throat] Next vote orders of conditions. First John and Patricia Rosenfeld 0 and41 Bessels Road. Matt Parcel 36-06-0000-007 Falmouth Mass Jen.

409
01:57:11.119 --> 01:57:28.080
>> Uh, yes. This is um the proposal to create kind of that flat rock area out of existing stone on site. Um, they're not going to bring any additional stone in. They're

410
01:57:28.080 --> 01:57:43.119
not going to be actually removing a lot of stone. And they're rearranging it, cutting them just to create uh I know it's 22 feet long. Forgive me, I don't know how wide. Just a sewn base at the

411
01:57:43.119 --> 01:58:01.199
end. there is still plenty of um you know when I was out there with the property owner and then again with the property owner and the engineer I stress the importance of having that unconsolidated rock out there to break up that wave action as it's hitting that

412
01:58:01.199 --> 01:58:19.199
bank. Um, we kept this stone patio to like a very small small portion uh of that to be able to retain that unconsolidated rock to kind of break up that wave energy. So, I was comfortable with it.

413
01:58:19.199 --> 01:58:40.880
>> Mhm. >> And I don't have any special conditions to put on it. It's >> all work done by hand. They uh according to Jake at the last hearing All right. Make a motion to issue an order of conditions as discussed.

414
01:58:40.880 --> 01:58:56.400
Driscoll. >> 10 seconds. >> All right. I got a motion and a second to issue an order of conditions as discussed. Questions hearing? None. Dan

415
01:58:56.400 --> 01:59:12.719
>> Ronali. >> Jim >> Rathi. Dave >> can I >> and Duffy I motion passes to an issue an order of conditions as discussed next Williams Goldberg Trust 175

416
01:59:12.719 --> 01:59:29.840
Edgewater Drive East Falmouth Mass Jen >> yes Mr. Chairman unfortunately on this one we need Mr. Bowman for the quorums. We'll just have to vote it next week, which is fine. We still have it has to be issued by the 27th. So, as long as we

417
01:59:29.840 --> 01:59:46.960
issue uh vote it next week, we should be fine. >> Perfect. And due to my scroller, it looks like it's the end of the agenda. [laughter] >> Make a motion to Driscoll. >> McGrath second. Got a motion in a second to adjurnn this VPN.

418
01:59:46.960 --> 02:00:11.688
>> I Jim McGrath I >> Dan >> Walsh >> and Duffy I motion to end the meeting passes. Thank you all for another wonderful evening. >> [music]