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Heat. Heat. Good evening and welcome to the July 22nd, 2026 meeting of the Felmouth Conservation Commission. This meeting is being held virtually via Zoom video conference and is also being broadcast by FCTV on cable channel 9. As this meeting is being recorded by Zoom and

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broadcast on FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. Um, chair acknowledges the absence of two commissioners and tonight we're appointing uh our alternate Mike Beckerly to join the

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commission. Um, I don't I let's see. I'd like to remind the commissioners that for commenting, I'll 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 your name, please state your name and your vote for the record, even if

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you made the motion or the second. To our public attendees, at any time during the meeting, you may enter your comments or questions via the chat function at the appropriate time. They will be read into the record. If an attendee would like to participate in a particular hearing, please let us know via the chat

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function. Then at the appropriate time, you'll be promoted into the hearing as a participant. When you're selected, you must have your video enabled. Be succinct and respectful of others. Public comment will be limited to 3 minutes each. Regarding RDAs, a request

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for determination of applicability, the applicant is asking the commission to determine if the provisions of the Massachusetts Wetlands Protection Act and/or the Famouth Wetlands bylaw apply to their project. A negative determination is that the provisions of the act and/or the bylaw do not apply.

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Therefore, the project may proceed as proposed. A positive determination means the provisions of the act and/or bylaw do in fact apply and may require some conditions. Therefore, the project would require a notice of intent application. So, the applicant, so as the applicant, you want to hear a negative

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determination. All right. For the benefit of anyone waiting for a particular hearing tonight and so that you're not waiting unnecessarily, the following hearings are expected to be continued. So, 41 Davis Necks, zero Penzance, 415 Marra

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Vista, 15 Derelane, Zero Ranch Road, and correct me if I'm wrong, and Knobs. Correct. >> All right. Sounds like that's the full list. Um, so Jen, do we get started with the first RDA?

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>> Yep. >> Do you read read it off? Request for determination. Yep. >> Request for determination of applicability. So, John and Barbara O'Connell, 27 Dartmouth A, Felmouth, Mass, for permission to raise and rebuild a single family dwelling.

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Alyssa, >> uh, staff recommends a negative two. Under the bylaw, resource area boundaries are not confirmed by this RDA. This project solely takes place in an AE flood zone. These negative determinations indicate that work described in this RDA is within an area

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subject to protection, but will not remove, fil, dredge, or alter the area. Therefore, said work does not require the filing of a notice of intent. >> Any questions? Okay. Okay. Do I have a motion? >> I I move to determine the work described

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is within an area subject to protection will be >> but will not remove, fill, dredge or alter the area. Bowman >> and second. >> Thank you. All right. So, let's go through this. So, uh Dave,

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>> uh can't I? >> Betsy. >> Betsy, you're muted. Lad Felter. I >> got Jim >> McGrath. I >> Mike >> Becker Lee I

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>> and Ronnie >> Woman I >> and Walsh. All right, that's approved. All right, so let me read the next here. So on notices of intent all hearings from the found conservation commission are held simultaneously under the authorities of

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the Massachusetts Wetlands Protection Act and the founds. Although a single decision of the commission is issued, it represents a separate decision under each authority. As a reminder, public commenting is limited to three minutes. So I encourage you to stay within

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the purview of the board, which are the rules and regulations. Oh, excuse me. >> Okay. Uh pertain to see the chair reserves the right to stop any commenting that is disparaging consequential to the hearing. Please know that all correspondence received by the conservation department is forwarded

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to all commissioners and becomes part of the record. We will not read each and every letter we receive at a hearing. Remember our jurisdiction is that of the Massachusetts Wetlands Protection Act and the Fmouth Wetlands bylaw, not zoning, health or building.

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So let me read the first notice of intent. So Stephen and Judith Kaufman 71 child river road found mass for permission to conduct salt marsh restoration and invasive species management. Jen.

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>> Yes Mr. Chairman. I'm going to promote Nick Crawford of Crawford Land Management to present his project. Hey, Nick. How are you? >> Good. How are you doing? >> I'm good. Is anybody else joining you

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this evening? >> I think it's just me. >> Okay, perfect. >> Um, good evening everyone. Nick Crawford from Crawford Land Management. Um we were contacted by the applicant to um

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provide some relief to the existing retaining wall outside the pool area where the uh the retaining wall currently the uh not foundation the footing for the wall is becoming exposed on the seawward side of the retaining

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wall. Um and the applicant was worried that um if it was continued uh if it was left to continually erode um and the beach keep or you know the the title area keep lowering and lowering that eventually um the footing would be

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undermined and thus uh requiring the you know rebuilding or reinforcing of the retaining wall at some time. Um so what we're proposing the at least

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the main part in my opinion of um what we're proposing on this application is to establish a native salt marsh on the seawward side of that retaining wall and raising the existing beach elevation

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uh to meet the adjacent uh salt marsh elevations that are also on site and doing well. um in order to reberry and keep that footing covered. Um that's more or less the main purpose of

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restoring that salt marsh is to prolong the life of the wall and um you know uh delay or prolong the need for uh the replacement of that wall in the future. Um I have no doubt that

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someday that day will come, but hopefully we can extend the life of it. Um with an installation such as this, uh it would be constructed of two 20-in cooer fiber rolls with um natural untreated.

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>> Do you have a plan you want to share? >> Oh, yeah. Absolutely. >> Thank you. Mhm. >> All right. There we go. Can you see my mouse? >> One second. Usually takes a sec. >> Yep, we can see it.

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>> Okay, so here's the site. Um although there's other areas that are part of the project. Um I'd call this kind of more just your typical invasive species management and restoration, uh removal of invasive species and

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replanting of natives. Um whereas this is the area on property of the salt marsh installation. This is the existing retaining wall. Um and this is where the footings are

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becoming exposed. Uh there's also a um existing stone revetment to the uh on the left hand side of your screen as you're looking at the plan. Hold on. I'm just looking where the north arrow is. Um

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uh to the to the west side um there's a existing retaining wall which um definitely explains why there's um more erosion in this area. Um right adjacent to that as opposed to the salt

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marsh that's doing seems to be doing just fine in this area here. Um, the installation of the salt marsh as proposed would be composed of uh two 20-in quo fibiber rolls or I'm sorry,

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12-in core fiber rolls in order to um retain and raise the beach elevation. Um, we would back fill behind them with uh appropriate material that's um matches what's on site. Um these areas

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would then be planted with the native salt marsh grasses both spartina patton and spartina alternate flora in their appropriate areas with the addition of high marsh species um on the upper area. Um, as part of the establishment, we've

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found that installing a uh snow fence, at least temporarily, can help keep uh the rack from depositing on this area while it's becoming established, as well as deter um both ducks and geese from

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uh browsing on the newly installed plugs. Um so that seems to work quite well. Um, we're also proposing a small wedge of um, rip wrap at the leading edge of this as it just prolongs the

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life of the coer fibbral um, and aids in it not becoming uh, depleted and the coer material being kind of leeched out over time as quickly. Um, this wouldn't be stabilized

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with anything. So, you know, any serious storm event or wave event could, you know, disperse the stone on the beach. There's already a cobble component to the area as well. So, it wouldn't be um necessarily introducing anything uh new

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that doesn't already exist on the site. Um we got your comments about uh native plants in the restoration areas being planted 4t on center. So we can definitely um make revisions to address

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that. Um I saw one of the comments was also monitoring reports which I believe we've already addressed by writing on the plan that um maintenance restoration plantings uh

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monitor restoration areas and perform maintenance. So we would plan to do monitoring reports as part of this already. And then lastly, the 10-ft buffer strip. Um, I was a little unclear. It said 10-ft buffer strip to

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the um existing revetment, but I would just like a little more clarification as to whether that meant the the retaining wall and the pool area or whether or not that meant a more consistent 10-ft area um along these

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areas over here. And that and that's kind of it. Um this is just the removal of invasive species mostly multifllora rose and uh bittersweet English ivy uh and autumn olive. And it would be replanted with

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the species listed on the um plant schedule that's included. Uh it's approximately 2500 square feet of upland restoration and only 500 square feet of native salt marsh to be established. And with that, I'll uh

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answer any questions. >> Okay. So, let me go through each person individually. So, let's just >> do you want to stop sharing, Nick? >> Yeah, sure. >> Okay. Dave, do you have a question? >> Oh, yeah. Um, Nick, you you may have mentioned it. I may have been thinking

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about something else and mis explanation, but uh that retaining wall, part of it has salt marsh growing in front of it. Then the the far furthest away from the pool, uh, it's it ended. Uh, do you know what caused the outer end to to go away over time?

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>> Um, >> as opposed to the part closer in? Yeah, I would if if I don't know for a fact, but if I was to guess, it would be the um the fact that on the western side on the neighboring property, there's an

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existing stone revetment um which is definitely >> okay. >> Not helping at least. >> Oh, so so current from that uh and um >> yeah, some some end scour most likely. Um, and then I think that the reason the

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rest of the salt marsh is kind of doing well is it's >> sitting kind of in the crux of um the corner of that retaining wall and being somewhat protected. >> Okay. Um, early in your presentation you you mentioned some words I didn't

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understand. Did you mention raising the beach level or something? You said raise something. I didn't quite catch that. Yes, it would be um raising the beach elevation to match the um adjoining salt

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marsh so that we can establish the appropriate species. >> Oh, okay. And so I guess uh what you're installing here you you feel is robust enough to handle the the conditions that you mentioned a minute ago. I guess you must feel that way. Um the these

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>> we believe so we yeah we've installed it in similar areas um uh both I believe in Falmouth definitely on the Bass River that have held up well over time. Um I have some

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uh photos if you'd like me to share. >> No, that's okay. >> Okay. >> All right. That's those are all my questions. Thank you. >> Thank you, Betsy. Do you have any questions? Betsy, are you on mute?

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>> No, I just unmuted myself. Hi, Nick. Could you could you put up the little schematic of what this salt marsh buildup is going to look like? That's on part of your plan. >> Yeah, hold on. I can do that.

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Um screen share. >> All right. Can you see this now? >> I can see the plan. That's not >> Yeah, but you have like a cross-section. Yeah, you have a cross-section. >> And here's the cross-section. So, it would use a fiber roll on the leading edge.

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>> Right. Right. No, I understand what you're planning to do. Mhm. >> My my question is um the existing retaining wall, how far down would that go? >> The existing retaining wall is already

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in place. The top of the footing. Yeah. >> Where's the bottom? >> Top of the footing is becoming exposed. Um, so before it gets the footing literally gets undermined or uh the beach drops anymore, that's what this plans to uh remedy.

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>> So the Now I understand all that, but the existing retaining wall would go down to elevation zero or minus one or minus two. >> I'm not I I don't know for a fact what the existing retaining wall is installed

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down to. Um here, let me stop sharing for a minute and I can look back in uh the project file and see if um I have anything that would answer that question.

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We wouldn't be changing the wall at all if that's what you mean. >> Well, I know, but I understand what your problem is that it's being undermined. But I'm just want and I hope your your system works that it lasts a little bit

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longer, but I can just see a either either uh well mainly if there was a a storm a big windstorm >> that it would sweep your new area away, which you realize too.

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>> Yeah. Um hold on one second. Let me let me share one more time. Uh maybe this will help a little bit. Can you see this picture? So here's the >> the existing retaining wall. >> You can see

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right here that the footing is becoming exposed. I don't know the actual constructed depth of it, but we're just looking to prolong the life of it, so to speak. Um, I'm not sure if I have old

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plans necessarily that show um how it was constructed. So, let me ask Jen a question. Um, we've had Where are you, Jen? There you

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are. We've had walls that have been that have been undermined before. Are there should should this system not work or when it doesn't work, are there other remedies without

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building a new wall? >> Um, I I think there are, but they're uh much more they're much more expensive, I believe. I And they would it I don't know for a fact, but they would most

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likely happen seawward of the existing wall. >> Mhm. um like driving a sheet sheet piling um and back filling in order to shore up that wall. Otherwise, um, you know, the wall would have to be, you know, presumably demolished and

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reconstructed a different way >> or that's >> Yeah, that's fine. I'm just thinking I mean, I just wondered when I first looked at this, why would you try to establish a salt marsh there that

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we both know isn't going to last very long? >> Well, not forever. Yes. Yeah, I understand your rationale. Thanks. >> Yep. >> That's all, Dan. >> Right. Thank you. Jim, do you have questions?

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>> Um, I thought you mentioned when you were talking, Nick, that the fiber roll was 20 in, but your plan says 12. Do I misunderstand you? >> Yeah, I said I said 20 at first because that's 99% of the work we do, but then I corrected myself. Uh, the plan says 12.

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So you you're probably >> That's correct. >> If you've got a 12 in fiber roll, it looks like you're probably adding 18 inches of soil for the beach. >> Uh yeah. So behind the most seawward

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fiber roll, it would be back filled to the top, which would add 12 in. And as we move landward, it would be able to get a little bit higher. the the second fiberal um landward of the first one um is

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approximately half buried. So that would only raise the grade another 6 to 8 in most likely >> and and all this work will be done from the property owner side. >> Correct.

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>> So there'll be nothing there'll be no barge or nothing in the water to facilitate >> no barge. I mean, obviously we'll have to be seware of the wall to construct it, but yes, no uh there'll be no no equipment or anything. It's it would be uh a rather difficult job to complete

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just getting the materials down there. >> Okay. So, no equipment actually on the other side of the wall. >> Correct. >> Okay. Uh no further questions. Right.

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>> Thank you. Uh, Ronnie, do you have any questions? >> Uh, thank you, Nick. Seems like a a good plan for what you're doing. I just had one question. The rip wrap, is that going to be dry laid at the at the leading edge? >> Uh, you broke up for a second, but it

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would just be at the leading edge. >> Yeah. Would it be dry laid? >> Yeah, absolutely. It would it would literally just be placed. >> Okay, that's all I got. I'm good. Thanks, >> Mike. Questions?

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Okay. So, I tell I think I heard you say you have no questions. >> Is he mic is muted >> questions? That's correct. >> Um, so I actually have a few. So, I know what you're drawing, shared, but I just wanted to confirm. So, you're only going

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to put cobbles in front of the most C-word version section of the the koi rule. Yes. >> Okay. And you are putting the fence in there for some period of time, but I don't remember. Is there a note that

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says how long the fence is going to be there for? >> Um, we typically I don't believe there's a specific note as to how long it' be left in, but um I would say two seasons to let the uh the grasses become established.

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>> Okay. So, I got it. Okay. Um, generate, is there any other comments you guys have? >> Um, I just have one. Nick, I'm not I'm not loving the cobble. Um,

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not loving it there. What is the point of putting it there? It just feels like armoring it even just a little. And I'm very sensitive to that, >> especially Yeah. Uh let me share my screen one more time and I can just show you kind of the

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example and the reason that um ideally we'd be able to do it. Um okay, you can see my screen. >> All right. So here is an area. Can you see this picture? >> Yeah. >> Here's an area where we haven't placed

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>> um any cobble in front of a quo fiber roll. This is probably like if I remember right like 3 years after installation. And you can see that the koyer material just slowly over time is pulled out kind of fiber by fiber. Um,

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ideally these salt marsh grasses, you know, after a few seasons do start to creep down into the fiber roll and that's when it becomes uh more stabilized. Um, however, if here's a small area where we're putting some

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cobble around it where the fibbrals remain mostly intact, the koer material is still in there. And I wish I had a more recent picture, but the salt marsh begins to grow through the stone as well. This is about this is like 6-in

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rip wrap. Um but that's that's more or less um the reason is it just prolongs the life. You can see even in small instances where material that we've dug up um while

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putting the koer fiber roll in uh the rolls are more intact behind it. That that's the main purpose. >> No, I understand it. I'm just I'm not comfortable with adding that cobble to that marsh, but we can talk about it.

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>> Okay. >> Um how much longer? How? So, so here's one where you have your snow fencing. That's kind of new. We haven't seen you do that before. Um and you're saying that's a marsh area.

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>> Yeah, this is all Spartina alternate floor behind here. And um these were all the reason the cobble is exposed in these places is because there was freshwater seep out of the bank which the ducks and geese loved and uh the

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first season they came up here and basically decimated the plugs. So we put this in the second season and and it just and it took off. >> Okay. Um, again, I mean, I I think it's an interesting

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project. I'd like to see it. I have looked at that wall with Merrill Engineering. I know they did your base plan. >> Um, I'm just I'm not loving the installation of the cobble. It just seems a little too much like armoring to me. So, want the board to be

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cautious of that. And other than that, you'll get us a revised plan, get us monitoring reports, and that's all I have. Dan, thank you. >> Okay. So, based on are you do we need to wait for you to get the revised plan?

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>> Uh, Alyssa has a comment. No, we can condition the revised plan. Oh, and Nick, the area we were talking about, the 10 ft is in that area where those access paths are. So, not where the pool is, the other side. >> Okay. Not the pool area. It's the other

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wall. Yeah, not the pool area. Correct. >> That was where it was. So, we wanted to see that more established and maybe abandoning one of those paths and leaving one. >> I see. Okay. We can certainly um

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uh propose that and talk to the client. >> Okay. We might need a continuence. Dan, if you want to see the plan or Nick, what do you think? You think you can just submit the revised plan or do you want a

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continuence to talk? >> We can submit the revised plan. Yes. Yes, we can do that. >> Okay. >> All right. And I think Alyssa also had a comment. Dan, I'm sorry. >> Yes. Um Nick, sorry for uh miscommunicating that. I could have been

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clearer and I could have sworn I had put the cobble comment in the staff report, but I think I just had it in the email regarding the other property we were talking about. And I knew I wrote it somewhere, but I didn't put it in here. Um yeah, it's just >> I mean that's the kind of cobble that we

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actually have people remove >> from properties for like doing it yourself. Um cuz it defeats the whole purpose of the soft solution. Um so it it's a it'd be a very slippery slope for the commission to go down to approve that. Um it would kind of

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negate a lot of decisions that have been made in the past. Um so I would caution the commission on approving the cobble. All right. So, why don't >> any other comments? >> Yeah, >> Dave has his hand raised.

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>> Bets Bets, you go first. >> Is there any kind of time of year restriction on a project like this? >> We didn't We didn't get one. Did we didn't get any time of year restrictions from DMF? >> Okay.

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>> Did you submit this to DMF? I mean, I'm sure you did. Yeah, we we would want to install it uh closer to the spring so that it wasn't kind of sitting out there with um the newly installed plantings all winter. So basically kind of as

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close to April as we could get. That would be ideal so that we install it when the plugs and plants become available in Mayish. We install them and then it has a whole growing season to establish. >> Okay. Thanks.

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>> There you go. >> I'm just a little unclear on exactly how we're leaving the issue of of the cobble. Have we decided to take it off the plan or we're going to have further discussions about that? >> You can discuss it during deliberations, Dave, and then we can ask for a revised plan

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>> during deliberations. not clear what >> so when you when you're voting your order of conditions if if you agree with the staff and want the cobble removed then we'll ask Nick to submit a revised plan with the removed cobble. So,

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do we plan on saying remove the no cobble in the order conditions? Are we deciding that now or later? >> No, you're going to decide it when you deliberate, Dave. >> We're not making a decision, Dave. We're going to close it. Have a deliberate when we have the order of conditions and

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then we'll decide. You >> all set? >> You can decide right now. I it doesn't matter to me. If the boards wants to decide right now and give Nick direction, that's fine. >> I've seldom seen us have that kind of conversation during order conditions

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discussions is my point. I don't think I've ever seen us do that. Have I? I mean, if if it goes if it goes in the order conditions, we normally just approve it or disapprove it, not really discuss things like that. I don't think next week. >> That's what you're supposed to do. That's what you're supposed to do when

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you have deliberation. That's what deliberation is. >> All right. I'll let we seld them do but go ahead. >> If you if you make notes, we will cover it when we go through the order. >> Okay. >> Correct. >> Right. So that that's all we need to do.

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Um so again, I'm still at the point. Are we going to continue this in order to get an updated plan? >> That's up to the board if you want. Um but Nick, you think you can just make the revisions that we've requested so far? Um, >> yeah, cuz I we can condition basically

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the the revised plan would just condition the the 4T on center spacing um and that 10 ft buffer strip. So just yeah, we wanted to augment the plantings

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to to establish that 10-ft buffer strip in that formal order. So we can we can we can condition that and require that revised plan prior to installation of the system. >> Got it. Okay. Okay. >> That's fine. I'm comfortable with that. You good with that, Nick?

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>> Yeah, I think we're pretty close to 4 feet on center with the Yeah, you are with the existing natives that are already on site. So I don't think it would be hardly anymore or not much more. >> Okay. I'll make a motion to close the hearing and take it under advisement. >> McGrath. Second. All

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right. So Dave >> um Pente >> Betsy >> Dai >> Jim >> Grath I >> Ronnie >> Bman I Mike >> Lee I

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>> and Paul Shai. >> Okay. Thank you. >> Thanks Nick. >> Thanks so much. Have a good night. >> Dick. You could make it easier on all of us and just eliminate the cobble when you give us a revised plan. >> That's That's what I'm assuming we'll

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do. Yeah, that's what I'm assuming. >> He can choose. >> There we go. Okay. So, now we move to continued hearings under a notice of intent. So, Joseph and Nancy Buckley, 32 Siri Lane, East

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Felmouth, for permission to permit an existing dock, construct a retaining wall, replace a patio, install drywalls, and install mitigation plantings. Jen, >> yes, Mr. Vice Chairman, I have promoted

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Elaine Johnson. She is the um landscape designer, Bill Collie the engineer. And I will be sharing my screen for both of them.

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Billy Lane, you with us? >> Hi, Bill. >> Hi. How are you? Do you hear me? >> Yes. >> Yes, >> I can hear you. Okay, thank you. >> Elaine, you're you have your hand raised. >> Yeah,

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I'm >> I'm just making sure you hear my voice if you need it. >> Yep, we hear you. Okay. >> All right. >> So, what plan, Bill, do you want me to put up for you? >> Uh, the plan I'd like you to put up is the proposed site plan. Um, the most

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recent one dated >> the revised site plan. >> Yeah, the proposed site plan. Yes. >> Okay, hang on one second. Please tell me you can see my screen and not my email to Jet. You're all looking

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at a plan. >> We are. >> Okay, perfect. There you go, Bill. >> Okay. Uh, my name is Bill Collie of Collie Site Services. I'm representing Joseph and Nancy Buckley, owners of 32 Suriri Lane in East Falmouth. Also

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present is Elaine Johnson, the landscape designer, and Ian McCarthy of Blue Claw Associates, the contractor. The Buckleys are seeking approval of the filed notice of intent for their proposed project. I will be referencing

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the staff reports and comments of 623 and 721 and address each issue accordingly. Okay. Um first of all is on 62326

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project description uh the proposed project is per existing dock after the fact. Uh the steps leading down to to the water and dark are to be reconstructed in same location with granite. Uh either

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grass or sand will be placed in between the steps. Some gravel areas are to be removed and replaced with Cape Cod uh lawn and stepping stones. The existing pave patio is to be reconstructed with granite or similar product in the same

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footprint. uh retaining wall is proposed seawward of the deck and a maximum of 15 cubic yards of fill are proposed to level out this area. Uh set of stairs were proposed off the

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existing deck but those have been eliminated. The trees I want to address at the end. Uh the existing garden will be removed and replaced with lawn. Two dry wells are proposed. Four cedars are proposed

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for screening. Those are being taken off. Uh some trees are proposed to be uplimmed and their canopy canopies reduced. We intro we have introduced on the plan a vista corridor uh 25 ft wide

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by 15t high. um accordingly. Uh then as far as mitigation, we've proposed 230 ft of mitigation. Uh Elaine Johnson can uh reference anything about uh the plantings of

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those. Okay. Then to get to the staff comments of 623, uh submit the BBW data sheets, which we did. Uh, next was the construction access

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will be on the north side on the existing gravel driveway. The as the staff didn't agree that there were 273 square ft of gravel on the south side of the house. Um, they suggested it was a scattering of stones.

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We have shown on the plan that it is uh out of the 273 uh square ft 144 square ft of that is gravel not gravel uh paved to asphalt which will be removed in 2x

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two foot stepping stones will be put in place. uh the rest of the area, the shrubs that we look we again we showed those on the plan uh we're not really disputing as far as the gravel, but that

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whole area that 273 square ft will become up and it will be the stepping stones and Cape Cod lawn there. Um, next the gravel

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around uh since the gravel around the shed you believed was not permitted. It the owners it was there when the owners bought the property. They have pictures of it. Uh there is one picture that was

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submitted uh with their letter showing uh some gravel underneath the shed itself. Uh it's hard to make out, but it it shows. Um next, we added the storage container, the garbage container next to

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the shed. Um we did submit another wall detail um showing existing and proposed spot elevations for the sitting area. Okay.

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Uh as far as dry wells in the area, we there are two presently there are two black corrugated pipes that empty out

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towards the wetlands. The BVW off to the north side and down uh towards the pond, fresh pond on the west side. Those will be removed. Uh they are currently tied into the

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house. Those and they're creating erosion. So those will be removed. We're proposing two dry wells, one in the sitting area that will capture all the roof runoff. Uh we will

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reconnect. It'll catch the roof runoff um and the runoff of the property uh along the deck and in that contained sitting area with the wall. The other

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dry well is off to the uh northern side and that is to pick up also roof runoff and runoff of that existing grade right there. So we will be eliminating

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quite a bit of the runoff uh into the BVW area and into the inland bank the preventing erosion. We believe that's an improvement. The next uh

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as far as again Elaine Johnson can address anything to do with plantings. As far as the Vista quarter we've added that on the plan and that will have to be coordinated between Concom and a certified arborist.

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Uh, as far as the trees, the Buckley's submitted a letter from 2018 where they had permission from Concom to take down 12 trees

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in the rear of the property. They took down 11 of them. The 12th one is one of the ones we're proposing to remove. It's a 20in pine, and it's uh

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it was approved to be taken down at the time, but there was a dispute over ownership of it. So, they're still requesting to have permission take that down. The next issue was is the 24in oak

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that is by the garage corner. It is 10 ft away from the garage corner. It leans over the the garage and house, the proximity of it. And as of this winter, the storm, they

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did lose a tree on the northern side that was 35 ft away. It hit the house and damaged the corner of the house. There was also a pitch pine in the in the uh rear yard that was broken. There were numerous branches

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that came down. There was one off that oak that hit the roof. didn't do any real damage. But we feel it for economic reasons because if that tree came down, it would be

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a economic problem as far as it could probably take out the garage, maybe part of the house. It would be costly. The other thing is it's a hazard. It could do bodily damage. So we're and the fact that it's 2 and

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1/2 ft off the BV 100 foot buffer of the BVW, we just feel there should be some relief there. We are taking removing the four uh cedars that were to screen the shed and

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we're willing to put them over on the north side by the driveway uh towards the BVW uh as part of uh mitigation say for that tree. Um,

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as far as the the float goes and the ramp, we did spot elevations out there. The ramp is adjustable. Uh, it's a Tommy dock. It's adjustable.

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The float is attached to the end of the ramp. What we're proposing is Tommy Duck makes the hardware where it on the outside of the float hardware can be attached to both corners and have

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temporary posts put in to have stops on it. So it'll never be an issue hitting the ground. Um, so if you and plus we're taking out some

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gravel in some areas and replacing with Cape God lawn. So if there any questions I'm here. >> Okay. Thank you, Bill. Am I uh sharing your your plan now, Elaine?

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>> Oh, I will show it to you. Wait a minute. >> Okay. Um, >> and then I'm gonna uh I'll go back to your plan, Bill. Okay. >> Okay. >> Trying to figure out how I do this. Okay.

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And you want me to bring it up? I have it right here. >> Okay. Thanks. You're more adept at this than I am, Jennifer. Go ahead. that would be it. Based on the things that we've requested, it was determined um and

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calculated that we needed to provide a mitigation plan, I believe, for about 240 square ft. Um I did read the notes that I believe Alyssa made um in the first report that perhaps the button

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bush would not survive as it's not close enough to water. So that would be substituted with Alex fortisilada uh winterberry and you don't like componia. So I would also either add

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more clea or perhaps sambukas um to that list. Um and I provided with Bill this morning just a brief revision of that list um in red. Um, and I'm not

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sure Bill has that yet, but I understand um that that would satisfy um the board in terms of of plants. 4 feet on center, they'd be two or three gallon size shrubs and the amalenia would be at

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least a 15gallon container um clump um amalenia. Is that it, Elaine? >> Yeah. I had spoken with Alyssa and you, Jennifer, I think in an email communication some time ago. Um, in addition to

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mitigation, I was proposing that we put some native um shrubs along the foundation up near the house. Um, and you folks seem to be fine with that. Yeah. Foundation plantings that Yeah.

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>> So, you're going to replace one of them with elderberry, you said? >> Yes. And um what was the other one I mentioned? >> Winterberry. I like >> the Winterberry. Okay. >> All right. I'm going to stop sharing

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your screen. We can go back to it. I'll bring Bill's screen back up. Unless you're all set, Dan. >> So, do you have any questions or the comments yourself or Alyssa? >> Oh, yes, I do. Um, so, Bill, >> yes.

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>> Back to the gravel. >> Yes. >> Um, the gravel around the shed. >> Yes. >> We weren't provided a date stamp picture. We don't know when that picture was taken. It wasn't on the COC plan. So, um, we're still going to stand by.

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Don't count the gravel as well as the gravel on the other side. It's just it's not really gravel. It's like a smattering of rock. So, you're thinking it's kind of a stretch for you to count that gravel. So, the board might make you add additional mitigation if you can't if you have to. Um,

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>> that actually wasn't that wasn't used to calc for the mitigation. The mitigation calcs were basically for the wall uh >> the wall >> within the buffer zone. Uh >> so you didn't you didn't use your

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existing gravel as credit or that gravel as credit. >> No, we didn't. That's we were just going to go with Cape Caron there. Initially, we were looking at doing it for credit, but it's just to be uh it's just to be

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removed and we stated on there. Basically, we're removing the gravel and and and replacing it with Cape Cod lawn. >> Okay, we can take a look at that. The mitigation was basically for the

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wall uh in the a buffer and the the stepping stones. But that is actually um we mitigated for that too. But basically that's taken care of by

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removing that asphalt in that 273 square foot area. 144 square ft of it is asphalt. And the other part, the otherund say 30 square ft is that the plants, the

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bushes, scattered stones, uh, and we were going to, uh, remove that. They're non-native. Um, and we were going to replace it. pull that out, pull the asphalt out along the

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house, put in stepping stones and replace it with Cape Cod lawn there. >> Look, we'll look into that. >> Um, I think you're you when we when your clients responded, they had some uh uh I think there was some confusion about

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what we meant by the dock. The dock's ramp needs to be lengthened because what's happening is they're walking into the wetland to get up onto their ramp. So, the ramp itself needs to be lengthened so that you're not walking through the

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wetland to get to the dock. >> Okay. Okay. So, basically you're saying uh it'd be lengthened to basically sit where the BVW is. >> You could you could replace the ramp and

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put a different ramp system on it. Um but you can't you can't be walking through the wetland. So, we we need to do something with the dock. So that 24 foot pier, that 24 foot pier to get out to the float that needs to be longer.

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>> Okay. Um I Okay. I'm just a little confused on this because I know it was brought up and I'm not I understand what you're saying about going through the wetlands. I was just going by >> or you could take the whole system and shift it landward.

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So, what are you saying? So, maybe the bottom of the >> I mean, but that's you're going to be shifting it a lot >> because that wetland comes up to almost the bottom of your stairs. >> Correct. That's where the BVW is marked.

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>> Yeah. So, we we they need to stop the the the applicant has to design the dock where it's not where you're not walking through the wetlands that it it's over the wetlands. Okay. So if it was extended and I'm >> correct extend the length of it.

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>> Yeah. Th this scale is one and 10 feet. So offh hand I say that's about another 15 feet. So that'd be like two extra sections of ramp. They're an 8 foot. Uh >> yeah that's fine. >> So we could just extend the ramp to the

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bottom. We can write the order to require you to extend the ramp. So that >> I'm sure the owner will be I'll run it by him tomorrow. I'm sure he'd be willing to do that. >> And you're saying you didn't use the gravel as credit and you're just doing

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>> we're the mitigation is for the 3 to one for that wall for the sitting area where we're leveling it off where the uh proposed drywall is. that will be picking up the roof runoff, some of the runoff coming down alongside the house

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and inside that sitting area. So, we'll be eliminating and like I said, that black corrugated pipe right now comes out. If you looking at the plane, if you come out and you see the where it says like 75 ft, um that's approximately

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where that black corrugated pipe comes out right now and it's washing away. It's eroding that whole area. So, >> okay. Just wanted to clarify that, Bill. Thank you. >> Okay. >> And as far as the tree goes, I mean, we do want to see some trees put back.

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There have been a tremendous amount of tree removal on this site. I understand the desire to to remove the 24 foot I mean the 24 inch um tree.

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It's like one of the last like trees in the front yard. >> Okay. Well, first of all, let's go to the 20-inch tree that they had uh was permitted for in 2018 and then is can they remove that? >> That's fine.

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>> Okay. And as far as the 24 in uh >> what's the purpose of removing the 20-in tray? The 20-in is uh first of all it's again it's not I'm not an arborist but it's not in great shape. They had

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permission I don't know I can't read the signature but from Felmouth with conservation >> in 2018 in order to take that tree down. The only reason it wasn't taken down is because there was a dispute over the property line. >> Mhm.

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Okay. >> All right. We can talk about that. Thank you, Bill. Appreciate it. >> Okay. And so on the 24inch tree, you want it to stay and is that my take on this? >> We'll talk. We'll we'll let the board talk about it. >> Okay, fine.

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>> Yeah, >> that's all I have. Dan, >> I don't know if Alyssa has anything to add. >> Alyssa, do you? >> I do. Thank you. Um, so in regards to the trees, um, you're

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absolutely correct that was permitted to come down in 2018. Um, but it has been, you know, 8 years. So, we're sort of re-evaluating again. Um, I never had any concerns with that tree to come down. It certainly doesn't look good. I only ever

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mentioned the 24 in because the narrative stated the trees were to come down for the project. So, to me, that means you're taking the access around the house. >> So, I I understand that that's not necessarily accurate. It certainly is

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very close to the home. Um there has been a lot of tree removal on both properties. We see a lot of trees come down in between the homes. Um so, I understand the point of it. Uh at this point, staff is just advocating for a one:1 replacement. So, for that 20-in,

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the 24 in, and the dead pine that came down in the back, we would like to see three trees proposed, which I don't think is unheard of considering four cedars have already been proposed. Um, I didn't really see them on the new plan, but you mentioned they were going to go sort of near the wetland. Um, we would

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just want to be involved in that location process prior to them being installed, just so we can make sure they're going in an area that is appropriate where they can grow to their full and mature form. Um my concern where they were pre prior was that they were pretty much going right in between

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the two homes again. So they're just going to become a problem in 20 years and um I don't think they would have been the best screening and they probably would have grown over the property line and then there would have been >> that it wasn't >> Yeah. >> So a new location is great. I'm not even

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not not in the vista, you know, but somewhere on the lot, we can find room for the other for the the new cedars if that's still what's being proposed. >> Yeah. Um >> as long as if you can >> email us any your suggestions on uh what

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to do about those trees as far as >> happy to. Yeah, it's kind of standard for us now to just want to assist in their location. I've had to have a few people move trees because they haven't really been in the best location. So, we'd

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rather just figure it all out. We see >> there's no questions on our >> and um you'll just Yeah, if you could give us a suggestion of what you're exactly looking for and how to deal with those two trees um so it can be run by

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the owner to Okay. Yeah, absolutely. I think the commission will just have to give you their two cents and then we'll we'll go from there. >> Um I can definitely run through the mitigation calculation again. Um I mean you not might not even need mitigation at this point, but we can go run through

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it again. Um I think we got all the information we needed about, you know, the wall and I think uh when it comes to the dock, as Jen was kind of explaining, a longer ramp would achieve the goal. Um, because

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the dock isn't on site, I don't really know what it looks like. That Tommy do ramp system. I can't really picture it. So, I don't know like if that could be extended like we might need. >> They sell in the ramps are in 8 foot sections.

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>> So, and just from looking at this, I'm >> pretty confident that two more sections will bring bring it to that bottom stair. >> Okay. because it'll probably have to go on little tiles on the island.

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>> I the standard packages those are adjustable to 5T. >> So, um >> Gotcha. Okay. >> Uh so that's that wouldn't be an issue.

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>> Okay. Excellent. Um I think that clarifies everything on my end. I do just want to add a note to the record that we did receive a butter comments today. They have been added to our files and sent to the commissioners for their review. >> Thank you, Alyssa. Did Elaine, did you want to say something else?

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>> Oh, so if my calculation is correct based on what Jen and Alyssa said, we would be replacing four cedars initially and then another three to accommodate the second tree or the first tree,

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excuse me, the pine that was permitted. So that's seven alto together. I think I've got that right. So, the only question I have, do they all have to be juniper Virginiaiana? Can we do some deciduous types of trees as well based

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on the location and your approval of that? >> Yeah, I'm just looking for three in total. So, we can definitely >> trees of any discre. It could be a deciduous tree obviously. >> Of course. >> Yeah. >> Okay, gotcha. All right.

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Okay. >> Thank you. >> All right. So, I'll go through commissioners. Dave, you got your hand up, but you're on mute. Did you have questions? Dave, I think you're still on mute. Um, in this conversation, there was some question at one point there was a

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question about the ownership of the 24inch tree. And then in the letter that Alyssa just mentioned from Butter, it mentions at the end desire to do a a new um a new um survey. So is is there any is there any question about that

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southern border that southern property line? >> None at all. I have full confidence and actually I even uh we ran it from what is the rotten gun club down at the end of Siri Lane up to Carriage Shop Road.

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We we did all the distances angles totally confident and actually as that came up at one point I referenced uh homes of McGrath plan for this property from 2017

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and the solution was the same. >> Plus I had seen another plan from like two houses down. The solution was the same. So if she wants to dispute it, she has to hire a land surveyor and

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we'll deal with it at that point. >> Yeah, that's kind of where my question came from. So um is staff comfortable that uh with this that we we have the property line? >> We have a stamp plan from a land surveyor. >> That is what we have to go with.

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>> Okay. >> Um we don't have any information. We haven't seen a plan or been provided. Um, we have been provided with the Abutter's letter, >> right? >> Um, we know she has concerns over the property line, but at this point, unfortunately, it's a civil matter

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between the parties and the disputed property line. That's a civil matter and it's not a matter before the Congo. >> Thank you. That's all I have. >> All right, Dave, you still have your hand up. >> Sorry, I'll take it down. Sorry, >> Betsy.

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>> Dave, you always have your hand up. Thanks Dan. Um I have a few questions. One is could could uh I guess it's Bill could you provide a summary of the mitigation

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calculations? >> Uh it's actually listed it basically it's listed on the the plan. It's the proposed is uh the wall is in a 3:1 area. It's 62.8 square ft

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times 3, so 188.4 square ft. Initially, we were we were going to put a staircase on the deck to make it easier for access into the sitting area. That was removed. As far as the 2x2 uh

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stepping stones, those are going in an area where we're taking out 144 square ft of asphalt. So, we'd actually we're replacing it with um I believe it

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was 60 66 square feet of of uh stepping stones. So, we're we're actually at a a net plus as far as taking the asphalt out and

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it's almost a swap on stepping stones. >> Okay. It's easier to read these plans though if that's clearly >> okay >> delineated out. >> Okay. >> Okay. That's my next comment. Alyssa

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might be happy with three trees, but the formula we have in our regulations is that you provide to us the number of trees that are removed and how many caliper inches those are

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and and your replacement, your offer of replacement has to be somewhere between the two. So the minimum would be the number of trees you removed. The maximum would be the number of caliper inches.

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>> Um, okay. First of all, there's one tree that Concom It was a tree that was uh broken, a pine tree in the uh backyard that was broken that Concom said it could be taken down because it's

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damaged. Um again are you are you suggesting one to one on the removal of the trees? This is this is part of the regulations when you remove trees,

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>> right? It's one to one be we were asking >> it's somewhere between it's somewhere between number of trees and caliper inches. >> No way to put in. >> So the minimum would be So you're saying

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you're only removing one tree. >> We'd like to >> we'd like to have two trees removed. the 20-in pine by the shed and the 24 in oak by the garage. >> So, it's true two trees and 44 caliber

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inches. >> Correct. >> So, Alyssa's happy with three trees. >> We're doing >> probably two inch trees. I would prefer to see a few more trees. And I don't and I agree that that deciduous trees would

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be fine or or junipers. >> Okay. That's why we're looking for your recommendation as to how to deal with those two trees. That's all. >> Well, you you you can just offer

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>> how many trees. >> Elaine, we see you. Please stop doing that. We see your hand raised. You don't need to go like this. Please. Thank you, >> Bill. Essentially, Betsy is not wanting to um design the project,

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>> right? >> But is looking for a revised uh proposal. So if two trees are proposed to come down and there were a total of 44 caliber in the is the proposal to install four trees

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because that was the the thing is that the mature growth >> they'd have a base of say 10 in each. Um, >> yeah, I think I don't know if we really project the growth, but when cedars go in, I know we estimate them at what, a 5

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to six foot height as opposed to a deciduous tree where we look at the, >> you know, one and a half to two inch caliber. Um, so I don't know, Jen, how we would calculate caliber of >> Elaine, did you have something you wanted to say about the trace? I wanted

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to um just refresh my memory to Betsy. For one of the trees, the oak, we said that we would like to add four junipers or a combination of juniper and deciduous. And then for the pine that

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was here to for permitted we was suggested we add another three giving us a total of seven combination. Juniper Virginiaiana and uh as rub

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tupula nissatica another amalenia you know a combination of both the um deciduous and the evergreens in a location as you folks

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indicated that was approved um by the agents. >> So let me ask Alyssa a question. Alyssa, is there room there for seven trees? >> I I never meant seven total. I meant three total.

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>> No, I'm asking you that. >> I know >> three total isn't acceptable to me. >> That's fine. >> Um >> I mean, a lot has come down. I wouldn't necessarily say seven canopy trees. Um

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but more than three could fit. >> There would be room in that northern corner for Five or six cedars easily. >> So, a little cluster of cedars. >> Correct.

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>> I mean, they usually grow grow well when there's a little cluster of them. >> Well, they'd be spaced. We could space them probably at 15 feet apart. >> Yeah. I I don't have a problem with with

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what you're saying. I'm saying often when we have cedars, it's nice to have >> them cluster >> cluster. I'm not saying what the distance between them are, but more than just one cedar in an area, a couple of seeders,

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and I I'll leave it to Elaine and Alyssa to decide decide how far apart they should be. >> Okay. >> Um, Bill, >> yes. Yeah. >> Did you say there's going to be 15 cubic

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feet of fill put in behind the wall? >> 15 cubic wall uh >> yards. I mean >> yard. >> Okay. And the other question is could you provide for the record the uh a picture of the Tommy dock?

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>> Yes. >> Okay. Thanks. That's all. No, I have one more question. I don't think where you're where it says 273 square ft of pavement and gravel replaced with Cape Cod lawn. I don't believe Cape Cod lawn

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is going to grow there. >> Too shaded. >> Uh >> it's way shaded. It's it's you know it's it's pavement with with um moss on top of it right now.

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Right. That's where the stepping stones would be. Um the area where the it shows the shrubs is the area we were talking about basically re putting the Cape Cod lawn. Um I I don't have a suggestion. I

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don't know whether Jen or Alyssa does, but it's just going to be flat flat pavement that's going to, you know, turn to mud when it rains. >> There might be more sunlight once the the trees come down. I

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think that's kind of the last cover in that area. Um, >> but I I I don't really know. >> I Is there is there some kind of shade cover? >> Yeah, that sh that shades that whole

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area. It overhangs the garage. No, >> Ronnie, did you suggest the plant that could be put as a as a cover plant? >> No, I'm just s telling you that that 24inch oak is causing the the issue there for you if if you're worried about

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grass growing. >> So, you think once that it's gone, the grass will grow. >> Yeah, I'm going to comment on it because as a homeowner, your biggest investment is your home and I believe you have the right to protect your property. Now, I can see the roof deteriorating and I

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don't have a problem at all with that tree coming out. I think it's a liability. So that's my >> Well, I don't either. I don't either. I just wondering what to put in place of that pavement. >> I think once that tree is gone, you're going to get a lot more sunlight in there. That I am sure that would help.

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>> Okay, that's all Dan. >> Thank you. >> Thank you, Betsy. Hurry. Um Jim, do you have questions? >> Just a point of clarification. The the four trees that are in the proposed view carder. Yes.

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>> Are all are all marked to be removed? >> No, it's to be limbmed. >> Um they uh there there's dead uh Brad Holmes of ECR looked at them and he suggested

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um there are dead branches to have those taken off and any sucker growth on those. So those trees are not >> they won't be be being removed. He in fact he said not to remove them. >> Okay. Because it says to be removed. It

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was just kind of confusing to me. And then the 12 in and 10in tree that is there on the south side. I didn't see that that tree. Is that there? >> That is the one where it was broken and

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Kong Kong said it could be taken down. >> Okay. Okay, I saw the stump. Okay, thank you. >> Yeah, >> no other questions. >> Thank you, Jim. Ronnie, >> I chimed in on the tree. That's That was basically the turn I had the 24 in.

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>> All right, that was your only question. All right, good. Great. >> And Mike, do you have questions? >> Yeah, I u I have to apologize. I'm a new guy here. Please define Cape Cod lawn because it sounds to me like the definition of Cape Cod lawn is different

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from what the internet is telling me here. >> Uh basically it'll be a frescue and a mix of uh it won't be a manicured lawn. It won't require any type of u fertilizer.

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It's uh >> drug tolerant fescue. >> Yes. Thank you. >> Okay. And that's it. I guess I have no further questions. They've all been covered. So, Jen, how do you propose we push?

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>> Well, there is there is um we do need to ask for uh com, you know, additional comments and there is somebody in the uh pan uh attendees with their hand raised. I do believe it's the neighbor. We do have some comments from the applicants.

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It says, "Hello. We reduced the size of the patio from our original plan when calculating mitigation. Thank you. And we were originally going to put in a patio that was larger than what's there. Now the plan is the one is a onetoone replacement of the square footage of the

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patio." So that came from Nancy Buckley. >> Correct. I am going to promote the butter so she can ma'am. You're going to have to join the hearing. Okay, the better is coming on.

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>> Ma'am, you'll have to turn your video and your audio on, please. You have your audio on. >> Audio on. I am on. Yes, you're on. >> May I ask question? >> Sure, >> please do.

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>> Yes. >> Yeah. So my question is what the reason of removing uh old and very very wellestablished uh bushes taxos bakata

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uh and replace it with Cape Cot lawn which I completely agree will not grow in the shade of the house. So there are three taxus bakata and two rodendrons

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plant that were planted by previous owner. And actually two owners agreed, previous owners who owners of my house and owners of

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Buckley family house was to arrange border planting bushes from one by one owner up to the border line. And uh these uh bushes,

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five bushes, three types of bakata and two rodendrans were also planted purposely along the border line which I think was very smart decision and uh

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because I bought house in 2009 uh earlier than u buckley family. So I had kind of chance to speak with previous owner uh Rita McDougall. She

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showed me border which was quite different of the border that was found uh in for after 49 years and 2025 at the end of the year. and um she

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explained me the goal of this bushes planted. So again my question what the reason of removing this wellestablished plant because in this shady area it's really really difficult to get good

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bushes and I doubt that somebody will grow good Cape Cat lawn in this area. Thank you. >> Elaine, can you answer that? I'm not quite sure what her question is.

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>> Uh question is uh what the because um as to uh plan uh proposed um it um they are going to remove these

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five well-developed bushes exactly at the border. Are you referring to the two the pine tree and the oak? >> No, no, no, no, no, no, no. >> Elaine, I'll share my screen. I think I can

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>> think I can help. >> Yes. Yes. Exactly. At the um border at the back >> right here. >> Back side of the Yes. Exactly. Yes.

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Exactly. these uh five bushes that are going to be removed. What the reason of removing them, they have uh a lot of value because first it's very difficult

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to grow any bushes in this side in the shade of the house. Second, they have goal, original goal to be to show the borderline of the house.

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And second, the kind of last one, they are in really good shape. And why to cut them? It will create and simulate erosion. And uh I am somebody mentioned

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it could be mud there. Yeah, >> if I think you're referring to the non-native bushes that are currently in the backyard at the Buckleys, it's roodendin, boxwood, and purus. They are

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not native plants. They're just sitting on their own scattered in the backyard. And >> no, no, I don't mean backyard. I don't mean backyard. He's referencing the PL the >> we are speaking about >> next to the garage >> right along the garage

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>> next to the garage. Yes, exactly. Yeah. >> So your question is why are we removing those? >> Yes. >> Uh yes. Why to remove these plant? They are not native. I agree with you. But they are really have important function

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to prevent erosion to uh grow in the area where it's very difficult to grow anything because of shade of the house. And um

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this is uh it it took a lot of effort from previous owners to grow these bushes. Why to cut them now? >> Well, I will claim ignorance. I'm not sure exactly what type of plants those

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are. The idea with removing the asphalt and cleaning that area up of those bushes you're referring to is to create another access to the backyard away from the garage. So they weren't

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>> it's really small access from their driveway through the side of >> No, no, no, it is not. I'm sorry. We're speaking about different things. Uh I only uh mentioned five bushes in Latin.

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Texas Bakata, you know, well, I know. And two, three Texas Bakata and English view. And then two rodendrons there were planted. >> Okay. >> Mr. Buckley has his hand raised. He

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might be able to shed some light on this. The property owner. May I promote him? >> Okay. >> That that was a question for the chair ma'am. >> And I said please do. >> Thank you Dan. Yeah. >> Mr. Buckley, I'm promoting you as a

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panelist. Maybe you can help us out here. Okay, Mr. Buckley, you're in the meeting. You need to turn your audio on and your uh video on if you can. >> Good evening, Mr. Buckley. Thank you for joining us. Maybe you could clarify why

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you would like those those um those plants removed, sir. >> Well, those plants aren't particularly um in great shape to begin with, number one. Number two, once that 24-in tree and the 20-in tree come down, it's going

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to get plenty of sunlight. Right now, that whole area is shaded by the tree, not by the house. the sun actually comes up in the front of the house, goes over the top of the house, and then sets in the back. So, this will taking those big trees down will open up that area

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greatly. And it's frankly, it's a mess. Elaine was right. um would would essentially trying to clean that area up and those uh they don't belong there and we'd like to

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better access as Elen suggested. >> Okay. Thank you, sir. >> Thank you. >> Okay. >> Thank you. >> Uh may I comment? >> No, >> please do. >> Dan.

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>> Yeah, I said please do. Yeah. Uh I just would like to comment that shade uh is coming not from trees. They have uh they are very tall. Shade is coming from the

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house which can't be destroyed. This is uh these bushes are really next to the garage and in complete shade. So >> they are not next to the garage. They are not on the property line. They're in the middle of my property.

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>> And if you if you looked at the roof on that garage right now, you will see two or three inches of moss growing there. And we had that moss removed a couple of years ago and it's growing back. And it's solely because of that 24in tree. And it's got some precarious branches on

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it that the next big storm, the last winter storm is, as uh Bill described, we lost a lot of branches and trees back there. Um, I'm not willing to have that tree fall in my house. And it's going to open up that whole side of the garage to sunlight.

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>> Oh, I don't mind about trees. No, no. I am speaking only about bushes. Only about bushes. I >> I don't want the bushes. We want the grass. And we're taking the bushes out so that we can have a cleaned up area there. The bushes provide no benefit.

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>> It's very difficult to grow this type of bushes again. Uh, and grass will be extremely difficult. >> If you if you like, I will. >> So, folks, if I can, >> if you like, I will have them dug up and delivered to your property and you can

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plant them any way you like. >> So, let's see. I think we've got an input. Agenda, we are we all set? We can move on to questions from the commissioners. >> I'm all set. I think the commission's all set. Dave just had his hand raised.

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Dave >> Oh, no. Well, I I was just going to comment this uh this is Mr. This is all on we're discussing Mr. Bus Luckley's property. It's his is his land. >> No debate. >> So, >> yes. Thank you. >> Please. All right, folks. We appreciate

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your your feedback. >> Um, thank you for listening. >> Yes, Jen. Uh, how do you how would you propose we proceed? Um, well, is the the board want any additional information? Betsy Elaine has

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made the statement that she they were proposing seven trees, not three, not 10, but seven and a mix of Okay, we'll go with that. I don't think we need any

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plan revisions. Correct, Alyssa? >> Well, you let's see. So, a couple of things were asked for. He wanted the dock changed. >> The dock extended the Mr. Buckley's here so he can answer that question right now if he's willing. >> Mr. Buckley, can you extend that dock so

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you're not in the wetland and you're >> that can be done by two two sections? >> Yes, Bill was right. It's a it's a it's a modular dock system. Comes together very easy and two sections that of dock would be very easy to install.

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>> Okay. I think I think then um Dan if Bill just submits or we can close it. We can condition it and we can ask Bill to submit a revised plan showing like two What did you say, Mr. Buckley? They come in six foot sections or eight foot

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sections. >> Yeah, just show a couple of extra sections to just to get us over to the wetland. >> Um I think we should be all set. And >> actually Actually, the I I've I've also purchased a set of

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wheels, actually two sets of wheels that go on that um uh the bottom of that um dock, so I can roll the dock back and forth depending upon how far I need it to get to the shore. >> Yeah, you do have fluctuating water levels over there.

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>> Um >> so depending on low water year, high water year, so giving yourself some flexibility might be good. Yeah, >> that's what I'm trying to do. Thank you. >> Um, I think we're all set, Dan. I think we can condition everything we need.

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>> Perfect. So, do I have a motion? >> I'll make a motion to close the hearing and take it under advisement. Gladfelter >> Bman second. >> Thank you. So, let's go through the votes. Dave >> Hanti. >> Betsy >> Gladfalter Eye. >> Jim

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>> McGrath I >> Ronnie >> Bman I >> Mike >> Becker Lee I >> Walsh I thank you. >> Thank you. >> Thank you folks. >> Thank you.

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>> 32. So the next one. >> Thank you. Hang on one second, Dan. I'm just >> trying to get >> There I go. >> Okay, Mr. Buckley's back

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and the butter is back. They're back in the Okay, all set, Dan. Sorry about that. >> And do we need a lane or any for the other ones? >> Did we close this already? Yes, I think

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we did. >> Yep. >> Oh, okay. Well, >> close it and take it under advisor. >> Phil. >> Okay, perfect. >> There we go. All right. So, Navka Knobskapon Philip Se Phillip L and Jud

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B. Richardson Falmouth Mass for permission to conduct invasive management of common reed. Um, I believe they wanted this one continued >> continued until August 5th. >> Yeah. Do I have a motion?

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>> Do I have >> I need a motion to continue. >> Make a motion to continue to August 5th. Bowman >> second. Gladfelter. >> Thank you. All right. So Dave >> and I >> and Betsy

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>> Gladfelter. I >> Jim >> McGrath I >> and Ronnie >> Palman I. >> Mike >> I >> and Walsh I. All right. So, Beiel family 39 Penzance Trust 0

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Penzance Road Par Matt Parcel 49-02-00004-004A found with mass for permission to install approximately 14,490 square ft of plantings to restore an area within resource area buffers and land subject to coastal storm flour.

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Assume this one also needs to be Mr. Chairman, the applicants uh requesting a continuance until September 2nd. >> Are there any questions? >> Like to make a motion to continue to September 2nd. You said >> correct.

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>> Bman, >> second gladder. >> Thank you. All right. So, let's go down through the votes. So, Dave >> Kai and Betsy >> Felter Eye. >> Jim >> Rathy. Ronnie

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>> Bman I >> Mike Beckerly I >> Walsh I All right. So that's that one. Let's see. So the next one is John H. Gallagher 3415 Mar Vista A F with Mass

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for permission to raise the existing single family dwelling. Construct a new single family dwelling on pilings and install a new title five sewage disposal system with mounted leech field. Let's see. So this one, >> Mr. Chairman, I they are requesting a

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continuence until August 5th. >> All right. Thank you. >> I'd like make a motion to continue to August 5th. >> Second. Gladfelter. >> All right. Let's go down vote. So Dave Hi,

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>> and Betsy >> Felter I >> and Jim >> McGrath I Ronnie >> I Mike >> Beckerly I >> and Walsh I. All right. So, next one's also another one. All

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right. So, 15 Darlane LLC 15 Derelane and Zero Ranch Road map parcel 053001B 000 found with mask for permission to construct a common dock. Jen. >> Yes, Mr. Chairman. They are requesting a

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continuence until September 2nd. Thank you. Do I have a motion? >> I'd like to make a motion to continue to September 2nd. Bowman >> Gladfelter second. Gladfelter. >> Thank you. All right. Dave >> Hi >> and Betsy

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>> Gladfelter. I >> Jim >> Grath eye. >> Ronnie I >> Mike >> Becker Lee >> Walsh I thank you. Continue that one. So now we are on to a request to amend the

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existing order of conditions. So Anthony J. Aveni Junior and Elena Aveni 42 Squib Knock Drive East Falmouth request to amend the order conditions for MADP number 25-5135

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to revise special condition to Jen. >> Yes, Mr. Chairman. I have promoted Mike Borcelli. Hi Mike Felm with Engineering uh to present his client's request.

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>> Thank you uh Mr. Chairman, members of the board for uh your record. My name is Michael Borselli Felmouth Engineering and I represent Tony Aini. Mr. Aini owns the property at 42 Scibnet Drive.

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Uh you are most of you I believe are familiar with the uh order of conditions that was issued. It was to correct some uh unpermanented work including removal of a stone retaining wall, removal of a patio,

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adjustment of a deck. All of these things were reviewed uh in a lot of detail through one or two public hearings. The order of conditions was issued and um Mr. Aini has been working

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diligently to secure a contractor, which he finally did. Um, but there was a condition in the order that was putting a substantial uh pound constraint on the work. Um, so we had a pre-construction meeting

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with Jennifer and Alyssa a couple weeks ago. Uh, introduced them to the contractor and we had a basically a pre-construction meeting about how things were going to proceed. And we talked about the concerns with um I

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think it was special condition number two which required all the hardscaping to be removed within 90 days of issuance um and then planting no later than October 15th. Now Mr. Aini who I thought might be here tonight. he was going to

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try to uh participate, but he had a out of state family uh um >> okay >> obligation. I don't know what it was, but he was going to try hard to uh be

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able to have his laptop and in Zoom with us, but it looks like he wasn't able to do that. Uh we we were hoping because of um the time constraints contractor and some health issues that Mr. Aini has been

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dealing with that we could have more time uh if if the project were expedited and the contractor were able to get there um sometime in late summer, early fall. there's extensive work to do the wall

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and patio removal which all must be done before you can do any planting. So um s suddenly the planting season has come and gone and um while you could do some work you could never do all the planting. So, we we

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talked about this with your staff and um we were hopeful that you could uh amend the order of conditions to allow all work to be completed in the spring, no later than April 30th. That gives the

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contractor time to uh get in mobilized, do the hardscape removal, get the site grading back to uh where it's supposed to be, and then as soon as the growing season is upon us

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in the spring, do the planting. Then there's no plan changes, no revisions to anything else. It was simply special condition number two. We were hoping you'd grant the additional time that we requested and I'm happy to take questions. >> Got it. So, Jen, is this something that

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we we normally consider? >> Well, this was the enforcement matter out on Squid Knocket. Um, >> understood. >> We we we do adjust time periods occasionally for for different things. I mean, if we're going to adjust the time

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period, just adjust it for everything. Um, and that's what we instructed Mr. Aini to do is not just ask for one time because, you know, he he delays one, he's going to miss the other. So, um, we have really no comments on this request.

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If the board would like to grant it, we'll write the or we'll write the amended order up and keep tabs on the project until April 30th. >> Got it. All right. So, let's just go through. Dave, do you have any questions? >> No, sounds okay to me. All right, Betsy.

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>> Okay to me. >> Okay, Jim, >> no questions. >> All right, and Ronnie, >> I'm good. >> All right, Mike, >> no questions for me. >> And I have no questions. So, um,

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>> I take it everybody. >> I I would make a motion to amend. >> No, make a motion to close the hearing and take it under advisement. >> Take it under reisement. Bowman, >> correct? >> Second. a lot of good job. >> I'm trying. >> Thank you very much. >> He's doing a service. He's doing a good

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service. >> Yes, he is. He is. So, Dave, >> can I filter eye? >> Yeah, >> I bow and eye. >> I Walsh. All right. Thank you.

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>> Thank you. We appreciate your consideration. Mr. Vinie thanks you. Um, and he's very much eager to get this underway. This has been a, as you all know, a difficult situation and he wants to make it right. So, thank you again for giving him the extra time.

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>> Thank you. >> And welcome back, uh, Betsy. Couldn't get enough. >> Thanks, Mike. >> Sure. You're glad to see me >> always. Have a good night. >> Mike, thank you, Mike. >> Bye. Bye.

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>> All right. So, moving on. So continued hearing under an enforcement order. So Jane Shanigan 21 Davis Neck Road Felmouth Mass on permitted vegetation report within the conservation jurisdiction. Jen

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>> yes Mr. Sahasian would like one more continuence until August 12th. >> I' like since this was a remanded this was the remanded enforcement. We spoke with your council today and they suggested we grant the the continuence

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till August 12th. >> Okay. >> Like make a motion to continue to August 12th. Bowman >> second. Gladfelder. >> Okay. Then uh Dave >> Hi. >> Betsy >> Gladfelder. I

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>> Jim >> Grat I >> Ronnie >> I >> Mike >> Becker Lee I >> Walsh that would move to 812. All right. So continuing we have Charles and Maria Clark 41 Davis Neck Road

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Fmouth Mass unpermitted cutting clearing and expansion of hardscape within conservation jurisdiction. Jen, >> I'm gonna have to kick this one to Alyssa because I have no idea when we're continuing this too. >> Okay.

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>> Um, so since the enforcements are, you know, the staff's hearing just internally, we were talking about pushing this out uh until the middle of August, I did chat with Mike Vorcelli who has completed the plans. He just needs to fill out the NIV paperwork and

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he's just doing a lot right now. Um, so we were thinking to continue this out to August 12th >> like to make a motion to continue to August 12th. Bowman >> Glad the second cladfelter. >> Right. So Dave Penti

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Betsy >> Gladfelder I >> and Jim >> Grath eye. Ronnie >> Homeman I >> Mike Lee I >> and Walsh I right and the last one is vote orders

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and conditions so Amanda Hunt 227 Edgewater Drive West Both Mass >> we don't have a quorum guys we don't >> we're going to have to pick a day next week to do a special Zoom which day

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works for everybody It can be in the morning. >> Who's on the >> I know Ronnie, you need the morning. Bill needs the morning. >> I'm not on this one. >> Right. >> Who Who's on? >> Okay. >> You're not on this.

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>> Right. >> It's going to be Dan, Dave, Ronnie, Bill, and Ron. So, Ronnie, you could potentially not have to come if we have Bill and Ron come. Wednesday. Wednesday morning work as we've done before then.

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>> Yeah, Wednesday could work >> cuz I come in Wednesday mornings. I could do that >> Monday. >> Well, I think I think they wanted I think Bill would want it even earlier like at 8 8:30 if we could. >> I could do it Wednesday at that time. Do

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you want to send out an email or >> Dan, Jim, Dave, you guys good? >> I got to check. One second. Good. I'm not I'm not in on >> Oh, you're not in, Jim. >> So, next next Wednesday we're talking about. >> Mhm.

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>> Um calendar's not not functioning right now. I don't know why. Um >> do you good, right? And Ronnie, you're good. and we'll get Bill and Ron. >> So, we should have four. >> And Dave,

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>> I can probably >> you can come to the office if you want. >> Okay. >> Yeah. >> You are you going to send out an email to to all >> We'll send out an email, a meeting link and the whole nine yards. And Ronnie, you can come right into the office as well. >> Thank you.

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>> You can sit in my office and Dave can sit with Alyssa and we'll we'll get it done. >> We can bond. I get it. >> Yeah, we can bond. All right. Come on, Ronnie. >> There we go. So, I think that's it. One last motion that close to me.

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>> Motion to adjurnn. Ladfelter. >> Bowman. Second. >> Great. Dave >> Hi. >> Felter. I >> Jim >> McGrath I >> Ronnie >> Bowman I >> Walshy.

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Thank you guys.