Heat. Heat. All right. Good evening and welcome to the December 10th, 2025 meeting of the Familyouth Conservation Commission. This meeting is being held virtually via Zoom video conference and is being is also being broadcast by FCTV on cable channel
9. As this meeting is being recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. Um, we have a full compliment. Mine is Courtney right now. Thank you for your
dedication one and all. Um, I'd like to remind the commissioners that for commenting I will call on each one 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 you made the motion or second. To our public attendees, at any time during this meeting, you may enter any comment or questions via the chat function. At the appropriate time, they will be read into the record. If an
attendee would like to uh participate in a particular hearing, let us know via the chat function. Then, at the appropriate time, you will be promoted into the hearing as a participant. When you are selected, you must have your video enabled, be succinct, and
respectful with other others. Uh, public comments will be limited to 3 minutes. Uh, regarding IDAS, under a request for termination of applicability, the applicant is asking the commission to determine if the provisions of the
Massachusetts wetland protection act and or the Falmouth wetland bylaw apply to their proposed project. A negative termination is that provision is that the provision of the act and/or the bylaw do not apply. Therefore, the
project may proceed as proposed. A positive determination means the provisions of the act and/or the bylaw do in fact apply and or may require some conditions. Therefore, the project would require a notice of intent application.
Uh for so as an applicant, you want to hear a negative determination. All right. And for for the benefit of anyone waiting for a particular hearing tonight and so that you're not waiting unnecessarily the following hearings
see if I can not will be I expect to be continued. >> Oh >> what the >> easy easy um 58 Westwood Road um is is expected to be continued. They
asked for continuence. Um, and the following enforcement orders. Um, Sea Shell Lane Community Association, Zero Davisville Road. Uh, also John G. Button, Maryland, but 41
Mary Emanuel Way in Falmouth. Okay. So, >> are these all next week? >> Yeah. Uh, 1217 on Westwood Road.
Um and January 7th on um Sea Shell Lane uh John and but at 41 manual way is 11426. >> Okay. Thank you. >> No problem.
Okay. So, first up on the agenda this evening is December vote minutes of uh December 3rd. Anyone read? >> Mr. Chairman, I reviewed the minutes, although I found them rather long. I would move their approval.
Thank you, Steve. Can I get a second on that motion, please? >> Second, Tffy. >> Okay, we have a motion and a second um to accept the minutes. Um any other comments or questions hearing? None. I'll call the role.
>> Steve and I. Ron >> Briscoll I >> Ronnie >> Bman I >> Dave >> Pent I >> Bill Duffy I >> Jim and Jim
got you >> McGrath I >> thank you Robbins is so unanimous on accepting the December 3rd minutes other business 48 Benjamin Ny Lane discuss and vote conservation commission support for the conservation
restriction. Jen >> Yes, Mr. Chairman. I am promoting CFO from the compact Cape Cod to present the conservation restriction to the commission. I sent you all the
restriction earlier this week. Um there was two slight changes to the exhibits and it was just correcting lot numbers. So, um there is a change. I didn't feel it necessary to to to send it again since it was just those two lot number
changes. Good evening, Cat. >> Hi, Kat. >> Good evening, commissioners. I really appreciate you making time um for this exciting phase of North Falmouth Woodlands tonight. So, what you have before you is the conservation
restriction for phase two of the project. And what that means is is that this is the final phase of the town on the conservation aspect of this project. And so we're thrilled that we would be adding another 18 acres to both the 300
committee's portfolio as well as the town's conservation restriction portfolio. Um, this adds on to an additional 20 acres that were protected earlier this year that the conservation commission holds a conservation restriction on. Some highlights of this
document is that this restriction is vital in protecting the natural resources that are critical to this property. whether it's the um priority habitat that natural heritage has designated to um being part of uh the a
large open space as part of a watershed. And so things that are still allowed within this conservation restriction is the ability to put in trails. And so the 300 committee has been starting to map
out what a phased trail system will look like. Uh earlier this year we were able to put in a parking area for the first conservation portion of the parcels and then um now we do not have to do any sort of work
around public access because that parking area is there. The organization has some um preliminary plans on how to make it accessible to all in one way, shape or form. And then um the goal is to create a trail system that covers
both protected parcels that'll allow people to enjoy the property as well considering the fact that um community preservation funds have um been committed to this project. And so I do have um the exhibit B available to look
at if you'd like me to share the screen so I could give you an overview. Is that something you'd like me to do? >> Sure. Go ahead, Cat. We'll take a quick look at it. Let me >> Okay, I know that it can be a little bit hard
to see. Um, so I'm hoping for the best here. Uh, so the area where my cursor is down here is the lot five, that was the first portion that was protected with CPC funds that were requested in 2024.
This second area that's highlighted as the restricted area is the current lot that we're talking about with the addition to down in this little corner there is a very small triangular parcel that also is being sold to the 300
committee that will also um be a part of this conservation restriction. it was just part of the bigger plan. And so that little lot is also included. Um, you know, the 300 committee and Habitat are still, you know, moving forward with
Habitat's proposal. They're going through the zoning board of appeals currently for their special permit. Um, but no matter what, the 300 committee h has been the primary negotiator with the landowner and the closing is set for
January 15th. So, this conservation restriction basically ensures the town's interest in um the amount of funds that they're contributing to this project. And I'm hoping that the conservation commission tonight will approve and
accept holding this conservation restriction and then from there we'll be going before the select board on Monday uh and then ultimately closing on January 15th permanently protecting this land. I'm happy to answer any questions.
>> All right, Cat, if you could stop um sharing. >> Great. Any uh comments or a question from the commissioners? >> Great project. Thank you. >> Y All right,
so we're um we're looking for a vote. Um the way this is written, Jen, it says discuss and vote uh conservation commission support for the conservation restriction. >> Support approval. I mean, you can vote
approval of it. That's fine. >> All right. >> We will be Yes, we will be holding the conservation restriction. So, >> either way. >> Yep. >> All right. >> So, I'll make a motion to approve the restriction. Is that what you're looking for? >> Okay. >> Driscoll second. >> Great. Thank you, Ronnie. Thank you, uh,
Ron. And no other comments or questions from the commissioners. I'm going to go ahead and, uh, call the roll. >> Courtney, welcome. >> Welcome. Bird eye. >> Steve, >> I. >> Ron,
>> I. >> Ronnie, >> Bowman. I >> Dave >> K. I >> Bill >> Duffy. I >> Jim >> Grath eye. >> And Robins is an I. It's unanimous to >> wonderful. I I really truly appreciate
the relationship that the 300 committee and the conservation commission in Felmouth has and looking forward to future projects to where we get are able to protect more critical open space in Felmouth. >> Thank you, Cat. You can have a great >> question. Cat, you sent the signature
page over, correct? Was that the end of the email? >> So, it's um page number 22. Uh no, I'm sorry. Sorry, it's not page number 22. It is page um hold please. It is page number 17. And I can send that to you separately if
that's helpful, Jen. It will be helpful if you could send it to the general concomal. I will have Lori print it out and when everybody can come in and sign that would be great. Ronnie, I don't think as an alternate you are on that, but I will
double check and let you know. >> Okay. Thank you. Okay, not a problem. Thanks, Cat. >> Thanks, everybody. Have a great night. >> You, too. >> You too, Cat. Thank you. >> All right, moving on. A request for continuence under a notice of intent.
Uh, we've already read this in, haven't we, Jenner? >> You have read it in slightly out of order, but to be consistent, if you could do it again, Mr. Chairman, that would be great. >> No problem. All right. Robert and Cara Martin trustees 58 Westwood Road LLC 58
Westward Road Felmouth Mass for permission to conduct invasive species removal and install restoration plantings. Jen, >> yes, Mr. Chairman, this uh uh applicant is requesting a continuence until
December 17th. >> So move second. Okay, we got a motion, a second um to continue until 12:17. Any other comments or questions from the commissioners? Hearing none, I'll call the roll. Courtney
>> Bird I. >> Steve. >> Patton. >> I. >> Ron >> Driscoll. I >> Ronnie >> Bowman I. >> Steve >> Kent I. >> Bill Duffy I >> breath I
>> and Robins is an I. That's unanimous to continue um till 1217. Uh request for continuance under enforcement order Sea Shell Lane Community Associations Inc. 0 Deersville
Road, NAP Parcel 40-11-013-0000 East with Mass unpermitted clearing cutting construction within the flood zone and within the buffer to assault Mos Jen. >> Yes, Mr. Chairman, the um community is
requesting a continuence until January 7th. >> Heard so move. And the reason >> we're working with Tyler Jendro of Ecological Landscape Solutions. He's preparing the plan and we're almost there.
>> Great. Fiscal second. >> Okay. We have a motion in the second um to continue until January 7th, 2026. Any other comments or questions from the commissioners? Okay. Hearing now call a roll. Courtney
>> Bird I. >> Steve and I. Ron >> Briscoll I >> Ronnie >> Bowman I >> Dave >> K I >> Bill >> Duffy >> I graph I >> and Robins is an I. It's unanimous to
continue until 17 2026. Um next up is John G. But and Mary Ellen, but 41 Mary Manuel Way found with mass, unpermitted construction of a deck and a fence, removal of trees, and
clearing vegetation within conservation jurisdiction. Jen, >> yes, Mr. Chairman, uh, the property owner is requesting continuence until January 14th and Courtney, this is for personal reasons and we're okay with it.
>> Okay, bird. I'll move >> fiscal second. All right. Any other comments or questions from the commission? Okay. Hearing none, I'll call the role. Courtney I >> Steve >> Patton I. >> Ron
>> I. >> Ronnie >> Bman I. >> Dave >> Penty. >> Bill >> Duffy I. >> Jim >> Barth I. >> And Robins is an I. That's unanimous. All right.
request for a determination of applicability. Um, and first up is um, Victoria Burch, 11. >> I need to step away. >> Yes, you do, Ron. Thank you. Um,
Victoria Burch, 11 Viewrest Drive, westbound with Mass for permission to conduct construct a rinse station, steps, and a stoop, install a dry well. Um Alyssa >> staff recommends a negative three under the state and a negative two under the
bylaw. Resource area boundaries are not confirmed. >> Birds move and second. >> Okay, we have a motion and a second to accept staff's recommendation. Um any other comments or question from the commissioners?
Okay, hearing none. I'm going to call the role to accept staff's recommendation. Courtney >> Bird I. >> Steve I. Ronnie >> fiscal eye. >> Ronnie, >> Ronnie is refusing himself, Mr. Chairman. >> Yep. Dave
>> I >> Bill >> Duffy I >> Jim >> Breath I >> and Robins is an IN um to staff's recommendations. Next is Richard Seaw 43 Partridge Lane found with mask for
permission to install a pool in a patio. Alissa >> staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. >> So move second.
>> You have a motion and a second to accept staff's recommendations uh for 43 Partridge Lane. Um any other comments or questions from the commissioners? Okay. Hearing none, I'm going to call a roll. Courtney Bird. Steve
>> Pan I Ron >> I >> Ronnie >> Bman I >> Dave >> Dant I >> Bill >> Duffy I >> Jim >> McGrath I >> and Robins is an I unanimous to accept
um staff's recommendation. Next is David Whan Jr. 187 Shwood Drive Fouth Mass for permission to permit an existing dock. Alyssa >> staff recommends a negative two under the state and bylaw. Resource area
boundaries are not confirmed. >> So move and second. >> Okay. So we have a motion of a second um to accept staff's recommendation. Any other comments or questions from the commissioners? Okay. Hearing none. I'm going to call the role. Courtney
>> I. >> Steve I. >> Ron I. >> Ronnie I. >> Dave I. Bill >> Duffy I >> Jim >> McGrath I >> and Robins is an I. It's unanimous to
accept um staff's recommendation. >> All right. Next is Eduardo Duza 615 Quaker Road northbound with Mass for permission to reconstruct an existing deck. Alyssa >> staff recommends a negative two under
the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. >> Ver second. >> Okay. So, we have a motion and a second to accept staff's recommendation. Um, any other comments or questions from the
commissioners hear? None. I'll call a roll. Courtney >> Bird I. >> Steve >> Bton I. >> Ron >> Driscoll I. >> Ronnie I >> Dave >> Kent I. Bill >> Duffy I >> Jim >> McGrath I
>> and Robins that's unanimous um to accept staff's recommendation. Okay. Next is Curtis and Dorothy Jonair 47 Bridge Street Felmouth Mass for permission to remove the existing
cesspools and install a new title 5 sewage disposal system. Alyssa >> staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. >> Birds move. >> Patton second.
>> Very good. We have a motion in the second to accept staff recommendations. Are there any other comments or questions from the commissioners? Hearing none, I will call the role. Courtney >> Bird I. >> Steve >> Patton I. >> Ron I.
>> Ronnie >> moment I. >> Dave >> Pat. Bill >> Dy I >> Jim >> McGrath I >> and Robins is an I that is unanimous. All right. Next up is William F. Curley
Third 67 Green Hava Road found with Mass for permission to raise RA ZE an existing single family dwelling and detached garage. Construct a new single family dwelling with an attached garage and upgrade the existed existing sewage
disposal system. Alissa >> staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. >> Birds move and second. >> Okay, we have a motion in a second to
accept staff's recommendations. Any other comments or questions from the commissioners? Hearing none, I'll call the roll. Courtney >> Bird I. >> Steve. >> Patton. I >> Ron >> Bisclly. Ronnie >> Palman I
>> Dave >> Kent I >> Bill >> Duffy I >> Jim >> Graph I >> and Robins is an I unanimous to accept staff's recommendation. Okay. Request for a hearing under a notice of intent. All hearings of the
Falmouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland Protection Act and the Falmouth Wetlands bylaw. Although a single decision of the commission is issued, it represents a separate and uh separate decision under
each authority. And first up is Shelly Hup 2 Avenue, Balmouth, now ask for permission to conduct invasive species removal and restoration.
Um install a core fiber roll array and conduct beach nourishment. Jen Yes, Mr. Chairman, I am promoting. Um, Adriana Busen, um, I believe, how do you spell her last
name? I apologize if I just uh spelled it uh said it incorrectly. Um, and she is with Crawford Land Management and she will be presenting this project. Okay, there we go. Can you hear me? >> Yes. >> Yes, we can. Good evening.
>> Hi, I'm Andy Bonen with um Crawford Land Management and I'm here to represent the applicant Shelley Hup of 2 Avenue A in Falmouth. Um also present is Nick Crawford from Crawford Land Management.
Um the goal of the proposed project is to restore this coastal property through vegetation management and shoreline stabilization. Um in addition to these restoration efforts, the applicant is seeking to bring the property into substantial
compliance with expired permits that were issued to a previous property owner. Um project activities are proposed on and within the buffer zones to the coastal beach and coastal bank.
Um this project seeks to manage invasive species within the proposed restoration areas and to reestablish a native maritime shrublin community through the installation of supplemental native plantings. Um actually am I able to
share my screen so I can show the plan. >> Okay that would be great. Um sorry give me one second. Um it's just loading. Well I'll keep chatting while I get that
going. Um so invasive vegetation for management primarily cons consists of oriental bittersweet. Um there's a lot of shrub honeysuckle out there as well as some vine honeysuckle.
Um and after the initial removal of the invasive species, we'll then go in and plant the area the area with some native maritime shrubs. Um, we're proposing to plant that at 3 ft on center, mostly
consistent with previous permits. Um, but we did have a note from staff, so we're willing to change out that sweet fern um to a different species. Um, and the existing sporadic native vegetation
within those areas are proposed to remain in place. So the exact locations of those plantings are going to um vary slightly. In addition to those vegetation efforts,
we're proposing to install biodegradable a bioderadable fiber roll array um along the eroding coastal bank. Um in the past couple of years, this area has experienced significant sediment loss.
Um so we're proposing the fiber roll array from um the existing rock reventment north to the property line. Um this array is proposed to be about or
not about sorry it's four rolls high. um throughout the length of the installation. Um and we'll propose a seasonal walkway over top of that connecting to the path. Um >> excuse me, Andy, one sec. Uh are you
still having trouble trying to share? Because I I brought up if you would like me to share my screen, Mr. Chairman, my >> Andy gives her presentation. >> I just got connected to our VPN, so sorry for the delay on that.
But I'll get it up here for you, Andy. >> I just need to download it real quick. Okay, it's coming up, guys. >> Sorry about that. >> No worries.
Now I have to figure out how to share. Let's see. >> Share screen. share two. There we go, guys. Can you all see that? >> Okay, perfect. >> Yep. Okay.
>> All right. So, those lighter areas of um in the restoration area, they have a dotted hatch that you may or may not be able to see. Um those areas are mostly um comprised of invasive species. So
that'll be the areas, you know, substantially being managed for those and then replanted. Um those areas were also previous mitigation areas. So um we're wanting to just bring that back into compliance.
And then you can see by the darker hatch um towards the vineyard sound um that's the extent of the fiber roll array. So it'll be connected to that rock revetment and extend all the way down to
the northern property line. Um and we'll taper the edge into the existing topography there. Um and access for this um for the construction of the array will be from
the existing driveway over the lawn and down the existing path. Um we as you know during insulation as much native vegetation will remain as
possible. um one non-native Japanese um black pine which if you went out to the site it's fairly large there that will have to be removed because of the root structure and just where it's placed on
the site. Um and any other areas disturbed within the limit of work will be reveated with native shrubs um that we have on the plan. Um after the installation, the array will
be covered with sand nourishment and subsequently planted with American beach grass at 12 in on center. Above the array, we're proposing a 2ft wide um baceous buffer strip. Um mainly this is
for um we've done this on other projects and it's been very successful at capturing the sediment and helping that area um really just retain sediment and
um you know due to due to the fibrous root systems of these species. Um, so with that, that pretty much covers the extent of the project. And Nick is also here if he wants to jump in and add anything, but um, happy to open it up to
commissioner's comments and any questions you may have. >> Thank you, Mandy. You could stop sharing the screen. All right. Jennifer, do you have anything? >> Uh, Andy, just a few things. Thank you for sweet uh, switching out the sweet
fern for us. appreciate that. Um, fortunately, the fence extension is going to be located in velocity zone and we usually do not allow fences in Vzones only particular situations. So,
>> uh, that will we can't recommend the commission approve that, but we'll see what the commission does. Um, we have some concerns about the placement of the trees along the property line. Um, they do be appear to
be either being placed under existing trees, being kind of mushed behind the shed. There seems to be very little physical room for them to be able to grow. Um, connected with that is this property was subject to enforcement
order at one point. Um, there were several trees that needed to be replaced and only two are remaining. So, we thought maybe you could move some of those trees over to the bank area and um we can give you like kind of a precise
location. I'm circling it on the plan and nobody can see the plan, but um >> it's over like where it tapers in on that kind of northern side. Correct, Alyssa? Over there. Yeah. So, it's you know >> by the existing trees on >> Yeah, by the existing trees. So maybe
relocating some of the ones we have along the property line over there will be best. And the only other question we have is and I might have missed it when you were speaking. Is it a one-time placement of the 33 cubic yards or are you looking to
add sand each year with um if needed with staff approval? Yeah, we're looking to um if you know sacrement if sacrificial nourishment is necessary and if that if the plantings
aren't holding up um for any reason or we just get a wicked storm that comes in um and we need to replace some sand, then we would like to do um an annual assessment um to just see if we need to
install more or not, but initially um 33 cubic yards would be the max that we would have to install um over top of the fiber roll array initially. >> Okay, perfect. Just want to write that into the conditions for you if needed.
>> That's all I have. Mr. Chairman, Alyssa, did you have anything? >> Yeah, thank you. Just a couple followup things. Um I know that there are fairly new homeowners in place. Um, so just a note to them that there has been cutting on
the bank in the past that hasn't been permitted. So all of these going in meant to grow to their full and mature form and that was the reason that I also may note. Um, now could be a good time to establish sort of a vista corridor, especially if trees are going back in um
on the bank. Um there's obviously no work to be done because all the vegetation will be smaller than that 5 foot in height. Um, but they could establish a viewpoint, you know, off the deck and the windows over there and then when the time comes in the future to maintain it, they could obtain an RDA
and we could adjust the the shrub height down to that 5 foot. Um, I think that was it. Thank you. >> Great. Thank you. >> We might be able to continue it. If we're going to need a revised plan on the tree placement, you may want to put the Vista corridor in if we continue it
a week or so. And that way you won't um we can do that. and then condition the Vista corridor as well. That will work too. Correct. >> Yep. >> All right. Thanks, Jen. Courtney, we'll start with you.
>> Court, >> no question. >> No questions. >> Okay, >> Steve. >> Thank you, Mr. Chairman. Um, and thank you for these improvement to this property. Um, did I
s see that you were going to um accept the staff's recommendations and make another plan with the Vista Carter? Is that your intention? >> Yeah, we're fine with that. And I'm the property owner would be amendable to
that as well. Um, I'll double check with her beforehand, of course, but um, we can prepare um, additional materials for you. >> Great. Conservation Commission
simplifying things. This is great. >> Thanks, Steve. Ron, >> I have on the fiber roll array. um elim eliminating that supertorrm that could come in and just devastate it. How long do these things are going to last in
that in that precarious point on on the face of the ocean? 5 years, 10 years. >> Yeah. So, the general um you know average is about 10 years and that's mainly if they're left covered. Um,
which is why we would like the um permit to include at least the option to continue sand nourishment, continue plantings if we need it um to keep that already covered and to help the bank um
stabilize so to speak while those plantings are establishing. >> All right. So 5 to 10 years is >> Mhm. >> Okay. Thank you, >> Ron. There was one down the There was two
sort of I guess south of that. Um, one did not last, but it was hit with a pretty big storm. And then we have had smaller ones um in the Foster Road area right right down the road from here that have lasted several years if if they
remain covered. >> If they rem So every year they have to go out and replenish the sand. That's a that's almost a given, especially at that point. >> The waves are going to come in, they're going to wash it right back out. >> So, >> yeah, this is a tough area. >> Ultimately, you know, how what's the cost that these things are going to
happen as opposed to putting a solid revetment in to protect the bank once and for all >> because the bank is providing a settlement source, a revetment may or may not be allowed. So, people try the soft solutions first.
>> Well, it's always I've heard that one. We've heard that a couple times that the soft >> So if the soft solutions don't work. What happens? Just keep doing it over and over again. >> Sometimes yes. >> Okay. Well, I just just a question. That's
all. >> No. And that's a valid question, R. >> Okay. Thank you, >> Rooney. >> Thank you for the presentation. Um, so the pine the pine's coming out the one that's like fallen halfway in the coastal bank. Is that that one's being
removed? >> Yeah, that's correct. >> And the the Are you going to repair the fence? I know you can't extend it, but are you repairing down by the water? >> Mhm. >> I'm not sure if we're able to in the in
the zone or not. >> I snapped a couple photos of it. It was It was pretty beat up. It was pretty abrasive down there today. We had about a southwest wind blowing about 25. So >> yeah, >> if we're able to then we can certainly
um you know fix the fence because it's kind of in shambles. I think it's ready to go at any point. >> Okay, that's all I got. Thank you. >> Thanks, Ronnie. Uh Dave, >> uh just one question, Andy. Um this the areas behind the house where you're
doing most of the new plantings, those were planted before under a concom permit. Is that correct years ago? >> Yeah, some of them. >> And you may have already mentioned it and perhaps I missed it. Um, what what h were they just out competed by invasives
or why do they go downhill so much? >> Yeah, those were planted by another order or owner, sorry. Um, and I think that there was some previous cutting that was going on and then invasive species came in and out
competed the shrubs that were um in peril, so to speak. >> So, so cutting has some impact impact there, huh? All right. >> I believe it has at that site. Yeah. >> All right. Thanks. That's it for me.
>> Thanks, Dave. Um, Bill, >> well, the plan looks good. Uh that that area does need uh work. There's a lot of erosion there. Kind of wish that roll out wooden walkway was there when I tried to go down that little hill. But other than that, great job.
>> Listen, we we have a danger boat here, right? >> Thanks, Bill. Uh Jim, >> uh the the rollable wooden walkway. Uh Andy, can you explain what that is to me, please? Yeah. So, it's um basically a 10-ft long
section of wooden slats that's about 4 feet wide. Um it's similar to a rope ladder and it can just be rolled up and or rolled out and just placed over top of
the fiber roll array to help with um just walking down the slope. >> And is that seasonal? Was it taken up in the winter or >> Mhm. >> Okay. All right. Thank you. >> Yep. >> All right.
Jen, um where do we stand on the uh closing this or should we continue it because it >> we should continue it. Andy, could you get those changes to us like by the latest Monday? They're not too many changes or is that
>> okay? Um, I can certainly try and if >> I can continue it'll let you know. >> Yeah, I can continue it to next week. We're pretty late next week. Um, but we'd have to have the commission see those changes and usually don't give them a week to review a plan. I didn't
want to kick you out till January 7th for such >> um small changes. But if the board wants >> I can get that to you Monday and again if anything changes I'll let you know. But I don't anticipate. >> Uh, is the board okay with that? They're
not massive changes. So, >> I mean, and you're going to you're going to include the Vista um corridor, right? Or can you? >> Yep. >> Yeah, we can include that. >> Okay. >> Move the trees, the Vista, switch switch out the sweet burn, and then we can condition everything at once, and they
won't have to come back. >> All right. So, um, Jen, is there anyone in the, uh, chat that has any comments on this project? >> Nothing in the public chat, Mr. Chairman.
>> So, can I get a motion to continue until the 17th of December? >> So, move bird second. >> Thank you, Steve. Um, any other comments or questions from the commissioners? Uh, hearing none. I'll call the role to
continue until um December 15th. >> Bird. I >> Ron. >> Driscoll. >> I Ronnie >> I >> Duffy I. >> Jim I got you as an I.
>> I. >> And Robins is an I. So that's unanimous to continue until the 12th, December 12th. Thank you, Andy. Nice. >> Thank you, Andy. Welcome to Felic. >> We hope to see you again. >> Have a good night.
>> You, too. >> All right. Um, continued request for a hearing under a notice of intent. Um, the first one is 58 Westwood Road, which has been continued. Um, next is Fahad Naji,
uh, KFN Hillside Nominated Trust 24 Willis Lane, found with mass for permission to um, conduct dune in Beach Nourishment. Jen. >> Yes, Mr. Chairman. I'm promoting Jack
Vicaro up from Epsilon. Momentarily forgot Jack. I think believe it's epsilon um to present his project. Is there anybody else? >> Yes, I am I am present. Jen.
>> Okay, great. Uh anybody else I'm promoting up with your team, Jack? >> No, just me this evening, Jen. >> Okay, great. Good evening, Jack. >> Good evening. Uh thank you. Good evening, commissioners. I'm Jack Vicaro. I'm uh lead scientist in the coastal
group at Epsilon Associates and I'm here this evening to uh on behalf of our client KFN Hillside Nominee Trust to present the notice of intent application for proposed coastal nourishment project
at 24 Willis Lane. Um could I please share my screen to bring up this? >> Absolutely. Thank you. So, I'm not sure how many of you were able to get out to the site, but I'll just uh begin with a brief overview of of the of the property. It's, as I said,
24 Willis Lane. This is property situated at the mouth of um Green Pond. It's on the east side and it is um bear with me just a second. There, that's a better view. It's a 7 acre parcel um
extends out uh to the west along this barrier beach portion of the site. Um long strip of eroded beach on the um again on the east side of the channel there at Green Pond
entrance. Um the property features a few coastal engineering structures uh working left to right at the west end of the property there's this uh jetty that extends out along the uh east side of the entrance channel as you can see. And
then on the opposite side on the east side of the property we have this 350 foot long u rip wrap revetment that has two groins that extend seawward off of it. uh this area of the site here.
The goal of the project, we're seeking an order of conditions to renourish the uh a portion of the eroded waterfront um in specifically this area directly behind this rip wrap revetment. So the the plan is to um restore the
historic profiles, mitigate shoreline erosion, and improve the resiliency and stability of the barrier beach uh located further to the west. So the work, let me just page down here
a bit, focusing on the work area here. The work is going to require about 21,000 square feet of um alteration to resource areas that being coastal beach and coastal dune primarily located again
behind that re revetment but also including a small area immediately to the west of the revetment where we would propose to have a um a small staging area. Um, as I said, it's about 21,000 square ft
total. About 20,000 of that is coastal beach and 1,000 square ft is dune. The entire project area is also obviously located within land subject to coastal storm flowage. Should
also mention that the site, although this part of the site isn't located within priority habitat for rare species, we do know very well that there are nesting rare shore birds out on the barrier beach. And for that reason, a copy of the notice of intent uh
application was sent to Natural Heritage for review and comment. And we did receive their their comments back yesterday that um the project uh would require conditions to ensure that uh impacts to those nesting shorebirds uh
adverse impact does not occur. So I hope um I hope the office received that letter also. Uh I as I said I received it yesterday from natural heritage. So it's an interesting part of this project is that all the sand and
material will be brought to the site by barge. Uh the plan is going to be to bring um probably two maybe three barges that will carry the the sand and uh the construction equipment. There's adequate
water depth at that pos position shown on this plan, that dark rectangle where a barge could be positioned at high tide and the equipment could offload. At that point, the barge will have a 30 foot long ramp so that we feel confident that
the equipment can move on directly onto the beach from the barge without affecting um anything certainly anything subtitle. The work would involve the placement of woven geoexile fabric be installed along
the landward face of the revetment and then simply bringing that sand into position essentially filling the um the void up so that the sand returns to the elevation of the revetment.
There are a few photos in the um uh in the notice of intent application. I think I'd like to to share a few of those to give you a better sense of what the site looks like. Give me just a moment. Yeah, here we go. So, the top photo
shows a view of the of the revetment from the west end looking out towards Vineyard Sound. Um, you can see that this part of the site, you can see that the rocks are exposed on the seawward face of the revetment. And again, the
idea is to just bring that sand up to the top level of the stones. Um, basically to restore the grades and then res replant the upper part of that area with dune plants, barrack grass, bay
berry, etc. Uh for mitigation measures, it's uh the construction work limits would obviously be fenced off to make sure that there's no incursions into the areas of dune beyond the the work limits. And then standard construction mitigation, spill
prevention, um wa solid waste management, these types of things are also incorporated in the plan. Um, as for regulatory compliance, the project has been designed to meet all the performance standards of the Mass Wetland Protection Act and the Falmouth
Wetland Protection bylaw and regulations. Um, we think it's an important project. The barrier beach is, as I said at the beginning, it's a pretty it's a pretty badly eroded um barrier beach at this
point. And this would not only enhance the u owner's ability to to protect the house um by restoring the dune profile uh directly in front of the house but also we feel it would provide a reservoir of sand that would eventually
work its way down to the barrier beach and in that way provide some uh you know future nourishment of that area as well. So, um, with that, I I think I'll stop and entertain any questions that the
commission may have. Thank you. >> Thank you, Jack. >> All right. Um, Jennifer, >> um, yes, Jack, can you talk about the geo fabric again? What are you doing with that?
So the idea with the geoexile fabric is to just line the um the the face of the stone so that sand doesn't get Yeah. so that the sand doesn't get sucked out. Um we do expect that the seaw wall obviously is going to be over topped
right and that water will want to drain back towards the beach. We just want to make sure that the sand is uh not likely to be pulled back through the rocks. >> Okay. And you're not nourishing the the the
barrier beach part because you're saying that the the thought would be that the sand placed here would move west um and nourish that beach naturally. >> Well, that's that's the thought. Um, in
all honesty, it's not the the the intent of the of the plan, but I think it's an added benefit that it would provide some additional sand that could make its way down uh to nourish that beach. >> How is that going to be done with that drift fencing? Well, it would move
laterally as it does now, >> but where you have your drift fencing. >> So, the drift fence isn't isn't going to capture all of the sand. We know that the idea is to just allow it to capture
some of the sand, perhaps give an opportunity for the dune to grow a bit over time, but it's not going to prevent the sand entirely from moving in that direction. Well, the the concern is it's a pretty substantial drift fence. We we received
this the the schematic for it. Um looks like it's going to be driven down how many feet, Jack, with >> Well, typically it's pretty solid. >> They're typically 8 foot 4x4s. So, correct. You know,
>> and that'll be installed seasonally or that stay year round? >> Like it to be a permanent installation. That's how it's proposed. >> Uh this is in velocity zone. So again like during the last presentation, the board typically and very unless it's a
very unique circumstance doesn't allow like solid fencing in in the um >> V zone. And the way it's positioned over on the west side, it looks like it extends from
the edge of the the rock. Sorry, the plan's a little small and goes all the way up to almost where the walkway is. So, it does look like it is is going to be a barrier to the movement of sand in that direction.
>> Well, it's it's not a solid fence, Jen. We know that. It's it's not designed to prevent the movement of sand entirely. It it's designed to create uh an opportunity for some of that sand to be captured and build a ridge a dune form in that area. But um
>> Okay. >> Do you have a do you have a a schematic of that that you can put up, Jack? >> Um I don't have it handy right now, Jen, but if you want to keep going, I'll see if I can find it. >> Okay. >> Yeah. Um, I think that's um, oh, and
Jack, just for natural heritage comments, um, they are requiring not only monitors, they're requiring monitors annually with Yeah. So, is your prop is the property owner aware of that?
>> Very much so. The owner's been the owner's been cooperating for the past few years with Mass Ottabbon and contracting directly with Mass Ottabbon to have those surveys done. So that work would continue. Yeah. >> Okay. Great. Thank you. That's all for right now, Mr. Chairman, until Jack
finds that fence schematic. >> Yeah. >> I I have it in the file. It was in my file folder. Jen, just the one. >> Yeah. I just want to bring it up and and and just talk to Jack about a bit about it. >> Do you have Do you have it, Jen?
>> I can't find it right now. Uh, I'm looking for it. Go on, Mr. Chairman. I can see if I can find it in my email real quick. >> Melissa, did you have something? >> Uh, just reiterating the final staff note that I did see some unpermitted
cutting in the in the buffer and in the dune. So, just a note for that to stop. Thank you. >> Thank you. I'll communicate that back to the owners. >> Thank you, Lissa. thieves. >> Well, my questions involve the drift fence and if we can get it back up
again. Other than that, um this is a ongoing project that and this may be one of the final stages, but I'm not sure. >> All right. Thank you, Steve. Ryan, >> I'm all set. Thank you, >> Ronnie.
>> Quite the project. Um, the fence that Jen was elaborating to, that would start at the end of the rip wrap and then go up towards the walkway, which is quite a bit of
distance. So, there'll be a gap between there. Um, I'd kind of like to see what that fence looks like. If you got a picture, you can pop >> I have a picture of it, Mr. Chairman. Yeah, >> sure. Okay, >> you too.
>> Thanks, Jim. >> There you go. >> Yeah, >> it's pretty heavy duty to me. Looks like it's going >> It is pretty heavy duty. Jack, does this 7 in on center mean Oh, I'm assuming 7
in on center mean. What does that mean? That these panels are >> So, so those are 2x4 slats. Yep. >> And just what it mean what it says. >> Seven on on center. >> Yeah. >> Okay.
It is it is pretty solid looking fence. Jack >> like a structure. >> Yeah. >> Well, uh >> we're we're we're certainly, you know, willing to work with the commission on that. If this is too much of a structure
for you and you'd like us to propose something a little less beefy, then I can bring it back to the project team and ask for uh uh something a little less uh structural, let's say. Um you know, it is it is an area obviously that receives
some pretty good uh wave energy. And so the idea is to build something that's strong enough that would hold up under not all conditions but most conditions. And um we just feel
that you know this was the the type of structure that would be required to most years remain and even even then there's it's expected that there will be some repairs that are going to be necessary. >> No, I apprec I appreciate that. I
appreciate that. It's an I can sure it's an expensive undertaking and doing all that work, you're going to kind of need that fence to retain that sand and get sand over to the other side. So, okay, I'm good.
>> All right. Thanks, Ronnie. Uh Dave, uh Jack, when I when I visited, uh the owner gave me a little tour. He said that most of the the the sand is taken away by water coming around the the the western edge of that rip wrap coming in
and then going back out that way. Is that is that the the the major flow that causes sand to be removed or or is it from the front over the over the rip wrap? >> So the the west end is definitely the most eroded part of that that area, right? That's where it it seems like the
water is um coming in most regularly. um that you know could be during normal high tide event. It doesn't it doesn't flood that area, but it will flood it on a higher than average high tide or any sort of wave action or overwash
certainly. And so that being the lowest part of that void, yeah, it does the water when it does reach that area, that's the the uh the spot where the the sand is most rapidly lost from. But does it but does that water in large part come around the the western edge of it
or over over top? Uh >> my observation when there's a pretty when there's a pretty big flow in there, is it largely coming around the lefthand side or is it coming over top? >> Yeah, I mean it depends on wind direction too, right? >> Yeah, I guess that's true. Yeah, it does. >> Yeah, >> because because the owner said that he
he it was his impression that the water comes around the left end and then it goes out back that way and that drags that drags a lot of sand out. That's what he was describing. Maybe that's not the whole story, though. >> Yeah. Well, like a lot of these a lot of these owners, they're they're seeing it during the summer months when we can
rely on the steady southwesterly, right? >> Yeah. >> I guess that's true. Just one last question. So, would you revisit this every year to check the sand every year? How often would you would you how often would you review it and uh and add more sand if necessary? >> That's a great question. I mean, we're hopeful that this would, you know, allow
them to um enjoy it um probably at least for the terms of the of the order of conditions, 3 years before it would have to be revisited. Um you might recall that uh a couple of years ago, the Nanis did take it upon themselves to nourish
the beach further down uh with 700 yards of of sand that was placed at their own expense. And um that that sand was was lost almost immediately. >> Um within a month it was >> well I guess I guess a question for Jen
then I'll stop. Jen, sometimes I've heard us um kind of put order of conditions to say check it every year or do we sometimes do that uh in the conditions of ask them to review periodically or do we leave it leave it up to their judgment?
Um, we could condition it to for them to do a survey every year to see how much sand is being lost and then allow them to uh replenish the stand that has been lost during that time frame. But it it's
going to be up to Jack whether he wants to request that or not. I >> guess I guess Jack request it as needed then, I guess. Huh. Yeah. That's how that's how it would work. Typically, when I've seen that sort of a condition applied to a a project, um it's generally
a case where uh a coastal bank is being stabilized and there's a loss of material that would otherwise nourish the beach. And then the commission would be interested in um understanding exactly uh how much sand was lost from a section of the beach
over a year's time. I've seen that applied in places like Nantucket, but this would be something of a different sort. Uh the commissioner is suggesting that perhaps the owner should of their own valition go out and and do surveys to determine how much sand that they've
placed is actually staying on the site, if I understood correctly. >> I'm just wondering if we need a conditioner or not. It sounds like it sounds like maybe we don't. Sounds like >> you don't think so, Jen? If Jack is not requesting annual beach nourishment, then it wouldn't be conditioned. It
would be a one time 800 cubic yards. One and done. >> That's fine. Thanks. That's all for me. >> Hey, thanks Dave. Uh, Bill. >> Uh, thank you. I've got no questions. Jim,
>> no questions, Mr. Commissioner. >> Um, Coy, >> no questions. All right. So, do we have enough to close here, Jen? >> Well, I think the fence issue is an outstanding issue. Jack, if you wanted to go back to your project team, I think
that would probably be beneficial for you. Um, because I'm not sure the board's really loving that structure out there. Um, and I did have one additional question, Jack. Where is the barge coming from? >> New Bedford. New Bever. Okay. That's
what I thought, but >> that's about it's about the only place where you could undertake this sort of operation from. Yeah. >> Okay. I like I said, that's what I kind of figured it was coming from, but I just wanted to double check. And you just showed the one gray area box and
you said that two or three barges would be coming in. I'm assuming that they would take turns going into that staging that barge staging area and would remain far offshore away from the illgrass while the other barge is unloading equipment and then that barge would be
taken away and then the other barge with the sand would be brought in. >> Right. I mean, there's still a lot of marine logistics that need to be sorted out here. But 800 800 cubic yards sounds like a lot, but it could actually fit on one barge. I'm thinking that they would probably want to have a second barge to
bring the construction equipment over on >> Yeah. >> Just out of curiosity. >> Yeah. >> Okay. Um Jack, do you want that continuence? >> Yes, I would like that continuence. And uh >> hang on just a second, Jen. Just a moment. Um I want to discuss the fence.
>> Okay. >> I I want to give Jack some direction here. >> Thank you. >> I don't know how the commissioners feel on this. Um it's a heavy duty. It looks to me like it's going to be a heavy duty fence and it will take a beat and it looks like it looks but are we are we
thinking about a less not so beefy fence? Are we talking >> robust is a word? >> What's that? >> Robust. >> Robust. Thank you. Um, are we talking about
something that could be removed at certain times of the year and then put back in certain times of the year? Um, what are you what are you thinking here? I just want to give Jack some >> guidance here so that he's got somewhere he's got somewhere to point to. I I
>> Thank you. Thank you, Mr. Chairman. I think that's an important question that we should try to resolve this evening. is the commission. Um >> I would like to um >> if if the commission could give you some guidance specifically on whether or not a a permanent installation is something that could be approved in this case. It
is it is in my opinion a pretty unique circumstance. Um there's not a lot of sand coming into the system right now. We're in a it's it's we're we're only losing and this is the only add sure thing additive um project um that we can rely on happening this year. I mean,
there's always the hope that um some of the dredge sand could be of some of the dredge sand that's removed annually from the Green Pond channel could be placed on this land as it has been in the past, but we're not relying on that at all. Um
and so this is what would um we we feel the fence would help maintain some of the sand in that in that area. Jack, >> what's the linear square footage of the fence? I mean the linear footage of the fence, excuse me. >> Uh, it's about 60 ft I would say on both sides.
>> So 120 total or 60 total. >> It's about 120 total, Jen. But I would want to check that. Yeah. >> Okay. But around roughly. >> Yes. >> Plus or minusish. Okay. >> Dave, I see you got your hand up. But Russ, I just want to say I'm not really clear on what the concern is with the
fence. is too robust or not robust enough. It's just a little unclear. >> Um I I think um Jen is probably pointing to the fact that um it could be dangerous if it did get up in you know >> Oh, it could be dangerous if it if it
had I see. I got I got you >> to upward. >> Okay. Thank you. >> No, >> thank you. And 10 10.38 does say that solid structures such as or including I don't know exactly what
it says. I'm going to try to find it for you right now, Dave. Um that fences are prohibited in um velocity zones, but let me get the exact language for you. I get it is a bit confusing because else
elsewhere in the regulation it says that uh drift fences and other structures are explicitly allowed. So I'm not sure there's a >> can't find that section right now. Um it's like sheer sheer
That's the Azone. Sorry, I'm just having trouble. >> You said 10.38, Jen. >> Yeah, it's a land subject to close flow drugs. I'm sorry. >> So, I think what we say is it says no
new panels, walls, shear walls, vertical walls or breakaway walls. So I think we have always interpreted that a like a sheer like a fence is like a a vertical wall. So, I think that's where that comes from, Dave, as we've always
interpreted that to be um a structure and construction. New structures include doesn't specifically say fence, excuse me, but it does say that new parallel wall or shear wall. And I think the board historically has
um interpreted fences to fall into that category. Um, drip fencing, Jack. I think drip fencing over the years has evolved and as you and I both know to become more and more substantial. Um, the oldfashioned snow fencing with the
little wire in between and the slats. I think that is what that regulation envisioned as drift fencing or snow fencing installed seasonally to help sand accrete behind those fences. um not
to stop sand from moving through the system. Um, so I think there is, um, we're seeing more and more of these more substantial, as Ron said, robust structures being passed off as the historical like
bendable snow fencing we saw that historically was in like that has been installed to help accrete sand and not basically keep sand in its place and stop it from moving. So, I think that's the concern, Dave, is
the the the the robustness of the structure. >> Um, and it being in a Vzone and becoming possibly a projectile. If you were on site, you noticed that boardwalk has shifted. >> Um, that boardwalk has moved. And this
project originally removed, what was it, Jack? A wave break that was out there. Yeah, it's like a timber bulkhead. Actually, >> a timber bulkhead that was pretty beat up. So, um but it um that's what I can say in accordance with the Rex. So,
>> I guess I have just one more question. Jack, if you didn't have the fence at all, the concern would be a lot of sand would wash out of there rapidly. Is that is that the concern? You would lose a lot of the sand that you deposited in this project the first time? >> Yeah. I mean, it's not I I I don't think
the fence is going to prevent that, you know, this the wholesale movement of a a large quantity of sand. Um, you know, in response to a a big storm event, that's not what a drift fence is. >> So, what So, what is what is now I'm unclear what the purpose of it is then?
>> So, you've been to the beach on a windy day and you know, it's still a pleasant enough day to be at the beach, but there's there's sand moving along the surface of the beach. >> Mhm. And so the what the wind fence does in theory is that it creates these dead
air spaces down drift that the sand particles drop out of and accumulate in that area and it will form. If the fence is installed correctly and it's effective, it will form this this bulge or this ridge of sand that grows
over time. It's just a way to try to capture that sand that would otherwise be moving down drift. >> Sounds like more wind though rather than than water which was driving. >> Exactly. Yes. >> All right. Okay. >> Yep. >> All right. Thank you.
>> You're welcome. >> So, but Jack, didn't you say that the hope was that some of the sand would go down towards the west to help nourish that beach? >> Yes. And this would >> well it would go in between the slats. I
mean >> yeah it's this I don't call I wouldn't consider this a wall or and I certainly wouldn't consider it a sheer wall either. >> Okay. Well, I'm just saying from >> your past practices you you've allowed like
>> maybe a post and rail fence in a visa but like those what's the word I'm looking for? um stockade fences. You have not allowed any sort of stockade something like that. The board typically and I'm just >> going on what you've done in the past.
The board has typically not approved those. >> Yeah. >> Um >> so 2x4, if you have if you have a 2x4, it's actually a one and a half by three and a half, right? >> And they're seven inches on center. So that means 50% of that fence face is
space, right? Yeah, >> that's what I'm thinking. That's what that's what's in I mean, if you look any any one of those fences, if you look at you look down the bottom of the slot, you'll see a little mound building up and and I know what you're you're saying about that. What you're talking about.
So, anyway, that's that's my thinking. Well, uh, you know, obvious obviously we'll bend we'll bend to the will of the commission here to to bring you something that is you can approve, but it it would be nice to to know whether or not a permanent installation um of any sort could be allowed at this
location. >> Okay. I I mean, I personally don't have a problem with it. That's just my personal opinion. >> So, >> so Ross, I'm not sure we give we've given the guidance we we were going to give him, >> right? I understand. >> We I don't I don't think we've done that yet. >> Right. And I don't I I agree. So, I'm
just saying I I don't have a problem with this. I mean, give me you have a solution, Dave. Give Come on. >> I don't I'm just saying we're not giving Jack the guidance we that's all, >> you know, putting you know, the thinner snow fence up, right? Is that
>> It seems okay to me. >> I got you Steve and I got you Courtney and >> Yeah. So, Steve, >> thanks. I I agree with you, Mr. Chairman. I um expected to be buried uh
relatively quickly. Um I think I can work with this. >> Me, too. And >> yeah, we're going to see more and more projects like this. Um,
we have to face the reality of of global warming and warming weather and rising sea levels. And essentially, you know, what Jack is um proposing in
my view is something akin to pissing in the wind. I'm sorry to use that terminology, but it's pretty graphic and it says it pretty straight up. I'm not saying we shouldn't approve it, but I think it's a
fruitless exercise. As far as the fence is concerned, I get the theory behind the fence and I think it's a great idea. One of the things that we have done in the past when we permitted
fences in a velocity zone is that we have to allow for 2 ft underneath for the passage of critters. So, you know, does that by conditioning that do we um end up essentially nullifying the
purpose of the fence? Jack, I mean, you got a a thankless job, frankly. Um, and you know, I'm not saying we shouldn't approve this. I'm just saying it's it's an exercise in long-term futility. And
maybe that's, you know, >> Yeah. No, I I hear you. Uh, Commissioner, >> you know, I'm 85 years old, and when I first moved here in 1980, my wife and I cross country skied almost out from Woodneck Beach almost to
Cleveland ledge. I remember that winter. >> Yeah. >> Dave, did you have it? >> Oh, I'm sorry. No, >> what I'm saying is you don't see that anymore. >> Instead, you're seeing, >> you know, we're looking at what's going
to happen to Surf Drive. >> Well, I in my opinion, one of these is >> I'm not saying I'm opposed to this project. I just ex think it's an exercise in futility. >> No. >> All right.
Mr. Chairman, can I can I um correct not correct Courtney, but clarify something Courtney has said. Courtney, you you require the the the the fence to be raised when the fence is enclosing a property to allow for the passage of
wildlife. This is two 60 ft sections of fence. Critters are going to go around. There's no need to raise this the two feet that it's it's a different application. I understand what you're saying, but it's a different application
and you have never >> and I'm not I'm I'm fine. I'm just pointing that out and I >> and I agree with you. It is a different application. >> I just wanted to clarify that for the board, Mr. Chairman. Sorry. >> Well, no problem, Jen. Thanks. It's I
want as much as we can. So, we still haven't given Jack somewhere to go with this. So, how um >> in accordance with your regs or in the accordance in the way the board has applied your regulations in the past,
staff would be uncomfortable recommending a permanent installation of this fence. And that's I'm going to leave it at that. Um I
Jack is there how I mean this is this is very beefy robust as as as Ron would say. Is it possible to make it bolt-on so that you could at the end of a the end of the season unbolt them and remove the
sections? Is that possible or is that too much of a task? to ask. You know what? You know what I'm saying? >> I I think it's I think it's worth asking. I mean, if that if that would be enough to to solve the concerns, um it I I think that could probably probably be
done. >> I think it I think it certainly could be done if you left the 4x4s in and took the sections out. Yeah, that I don't think that be a problem. >> And I mean, if you could come back, I mean, it wouldn't be much of a change. I mean, you could probably just specify that on the plan you have, right? and a
B pattern or whatever, >> you know. Um, >> come back that way and then we could we could take it from there. >> Yeah, let me >> still go with the other one if we wanted to. But again, I think that would maybe be the be the route.
>> Okay, let me do that then. I'll I'll uh request a continuance to to next week and um work on getting that revision to you by Monday. >> All right, perfect. Okay, >> great. Thanks. >> Thanks a lot. >> Okay. Well, thank you all. Have a good
evening. >> Jack, we have to vote to continue. >> Right. >> I'll just thank you for accepting this motion. >> Make a motion to uh continue this hearing until next week, which is >> 127th of December.
>> Just a second. >> We have a motion in a second to continue this until the 17th of December. Um, Jen, was there anything in chat that I had to be aware of or looks I don't see anything there? >> Nothing in the public chat.
>> Great. Um, I'm going to go ahead and call a roll to continue this until the um 17th. Courtney >> Bird I >> Steve >> P. >> Ron >> Bisclly Iman. >> Uh, Dave >> Penty. >> Bill
>> Duffy I. >> Jim >> McGrath I >> Robbins is an I. So, it's unanimous to continue until the 12th. Thank you all. Thank you, Jack. >> Thank you, Commissioner. >> Thank you, Jack. Have a good night. >> Good night. >> Excellent. All right. Next one up is um
Karen Cortis, 20 Nicholls Road. He's found with Mass for permission to reinstall a core fiber roll array and to install U restorative plantings. Jen. >> Yes, Mr. Chairman. I'm promoting Bill
Collie of Collie Site Services to present his project. Good evening. Can you hear me? >> Good evening, Bill. >> Hi, Jen. Um, okay. My name is Bill Collie. Good
evening, everyone. I rep I represent Collie site services and I'm representing carrot churches at 20 nichols road. The proposed project consists of repairing a failing core role barrier that is protecting the
coastal bank. Uh also removal of an 18in oak tree located on the bank and >> excuse me Jack I mean sorry Jack bill sorry Mr. Do you need me to share a plan for you, Bill? Or are you going to share a plan on your end? >> No, if you can share it, please.
>> Okay, I'll share the plan for you, Bill. >> It's okay. >> Not a problem. >> Learn. I have to learn how to do that, too. >> It's okay. Next time you present, if you need me to share the pronoun, just let me know and I will I will do it for you.
>> One second, Mr. Chairman. >> It's downloading. Okay. Um, >> there you go. >> Everyone see that? >> Yep. >> Okay, there you guys go. Continue, Bill. Sorry about that. I was just trying to
help you. >> Okay. No, my fault. Um, this is uh the project consists of uh failing uh core log uh barrier. What we're proposing to do is we're not going to
extend it any further. It's going to be replaced by uh approved uh the previously approved uh barrier uh core wall that was done 12 years ago. Um
we have the work limit in it will be staked and bologs will be there to protect any uh water runoff debris. We're not intruding any to the salt marsh area at all. None of the work. Uh
we're also planning on using the previous construction access in the southeast corner. Also, there's a 18-in oak tree that is just above the core wall right
now, and it's fractured the bank, and it's leaning towards the bay. So, we planned on removing that uh to eliminate any future damage to the bank or erosion.
Um, as far as plantings, we planned on doing some restoration plantings. There was an area that was cleared out that appeared that people had been putting leaves in there for quite a while and there was very sparse
understory. So, what we were proposing is to put in 20 northern bayerries and 20 sweet pepper bushes. uh like 5 foot on center just to help promote
uh stabilize that bank and also uh help promote for the understory growth in the future. Um I believe that is pretty much it. Any questions or
input? >> All right, Bill. Thank you. I guess we can stop sharing, Jen. >> All right. So, Jen, >> so Bill, you're you gave us the square
footage of the restoration area and that is enough plants 5T on center um to cover that area? It's I believe the square footage of the area was around, 1100 square f feet.
>> Okay. >> And what I did Well, I went with 40 plants on 5 foot on center. >> It might be a little bit more. It might be like >> close. >> Went five on center.
>> Yes, we can add. >> Yeah. When you plug Yeah. So, when you plug that square footage into the plant calculator, Jack, I keep calling. Sorry, Bill. Um, >> what's wrong? >> Um, it comes out, it's going to be an
average between 50 58 and 67. So, we'll just condition that. Okay. >> Okay. Okay. >> Perfect. Uh, that's all I have, Mr. Chairman. >> Alyssa, >> um, thanks, Bill, for adding all those changes to the plan. I think one thing
we'll just like to condition is um where that construction access is to mat the salt marsh like you guys did the last time just to protect it. >> Okay. Uh I actually came up with an alternative. I can move that access
further away uh like 25 ft away if that makes any difference. >> Um that's up to you. We could we could certainly discuss it. Um if if it went down, you know, a a vegetated portion of the bank, we would just have to reveate
it. Um but it's up to you and and if Paul's doing the work kind of what the best construction access conditions would be. >> Okay. Fine. >> We can work with you in the field with that, Bill. We don't need to Yeah, we can do that in the field.
>> Okay. Okay. >> Do you want to do an alternative con uh construction access? will be doing a pre-construction with with you and um I'm assuming problems obviously he's going to be doing the work again. Yes, I think you confirmed that. >> I assume he is. >> Okay.
>> So, we could do a pre-construction in the field with you and whomever the contractor is and if we need to adjust the construction access, Mr. Chairman, if you'll allow us to make that change in the field. >> Absolutely. >> We'll do that. Okay. >> Okay.
>> All right. You all set, Jen? Alyssa. All right. So, uh, Ron, why don't you start? >> I hate to be a one-trick pony, but now that we got another fiber array here, we looked at the last 12 years as opposed to the five or 10. So, that's a good good spot. >> But it also isn't a very um exposed
point of land and it doesn't look like it's actually done anything the last couple years. It looks like the fiber array is in disarray. So, just general information. Um I know Bill you can't do much about that but um good luck with the the next next 10 12 years. Thank
you. >> Okay. >> Thank you >> B and I >> uh Dave >> uh just one question. Uh, Bill, are we are we um Bill, are we bringing new sand in to cover? I mean, the biologics are
be covered with sand and soil or are you bringing >> It will be a little bit of fill brought in it once the new uh logs are put in just to taper off and it'll be planted back there with American beach grass which is going to be spled and planted
12 inches on center within the logs. >> Thank you. I'm all set. >> Uh, Bill. >> Yes. >> No questions, Mr. Chairman. >> Jim,
>> I was just curious. Is there enough beach there for your equipment to effectively make all these changes? >> It has to be done one of two ways. If we go with the the construction access from
the previous time which we have shown on the plan basically it has to be done by hand in a small bobcat and work from the southwest end back to the access. >> Okay. the the other o alternative I was
think because I did look at it. My brother actually looked at it and he said, "Geez, you might want to move over the cons uh the the construction access like 25 ft because to get it away from salt marsh a little bit more." It's his
concern. >> And so he said, "Think about that. That's why I brought it up." Okay. >> And if that was the case, it'd still have to come down that way. It is a limited amount of space, but if they came down that other way, it's more in
the middle. And again, they work to the southwest, they work to the southeast, right? And then they come back that way. >> All right. Thank you. >> Thanks, Jim. Courtney, >> I know the uh norm for planting beach
grass is 12 in on center. Um, but you know, given the fact you're really trying to stabilize this, would it make more sense to plant this stuff more densely? I mean, eventually it'll fill in, but you know, >> what you say like 6 in on center?
>> Yeah. I mean, >> okay. >> I don't know. Tell me a reason why I shouldn't advocate. >> Well, how it was approved last time at 12 in on center staggered. >> No, I know that's the normal thing. I'm just thinking, you know, >> back
>> you're we're trying to make this thing a stable situation so you don't have to come back in two years and >> ask us to do it over again. So >> hopefully not. Um, >> you know, so I'm trying to come up. >> I I'm I'm open to any input as far as if
uh I'm just trying to go by what was proved prior. >> No, no. I I understand and I'm sort of thinking out loud and you know I I could be wrong. >> Somebody could tell me that and I'd be fine.
>> Thanks. Uh Steve, >> no questions. Thank you. >> Um my if you if you increased or decreased it to six inches on center, they wouldn't choke each other out. They wouldn't would it would it kill the planting? I I mean the plants themselves
would they survive at 6 in on center as opposed to 12? I I don't know. >> I'm not a horiculturist so I couldn't >> that's why I was going by what was >> you know >> they're just little plugs that you're putting in the >> No, I understand that quote but I mean they do grow.
>> Oh, I know they do. >> Yeah. >> I can check I can check with the county on their guidance. It's 12 in on on centered staggered rows is the standard specification for planting beach grass. But if the board would like me to check
if it can be a denser a denser um planting, I I can certainly check with some people that would know that answer better than I do right off the cuff like tonight. So, um I can I can double check and and have
>> just to be clear. I'm not advocating doing this if it's not >> Yeah, >> I but I'm just thinking, you know, we want these things to survive, which is the goal. Um the more more dense the the
vegetation is, the better. But if it's going to crowd it out and kill it, then you that's self-defeating. So that's if I can get an answer, I'm happy. It's not a I'm not recommending that if it's stu a stupid idea.
>> Yeah. I mean, Jen, do we have enough to close this? >> We have enough to close it. I will check on that and then offer a recommendation for conditioning the project for you next week and you'll know the answer at that time. How about that? >> Make a motion to close the hearing and
take it under adisement. Driscoll second. >> That way it doesn't it doesn't we don't continue the project out for something so minor. >> Okay. >> We have a motion in a second to uh continue until the 17th, which sounds
like it's getting busy. >> No, no, no, no, no. And then close it, Mr. Closing it. >> Close it. >> That's what I meant. Clo if I said continue, my apologies. I meant close the hearing >> and then when we vote it, I'll make the recommendation and you'll know what the answer is and that way we don't have to
continue this project out. >> Perfect. That's what I was thinking. So, we have a motion to close the hearing in a second. >> Correct. >> Any other any questions from the um chat? Oh, >> anything in chat, Jen? Nothing.
>> Nothing. Doesn't appear anything's in the chat, Mr. Chairman. >> Okay, cool. Any other comments or questions from the commissioners? Hearing none, I'm going to call the role to close the hearing. Um, Courtney >> Bird I. >> Steve Patton.
>> I Chris. >> Iman. I >> Dave. Dave. Oh, just put your thumb up. I think Steve might be frozen. >> Oh no, he's not. He's moving.
>> It's It's Dave. Dave's good. >> Duffy eye. >> And I >> McGrath I >> Bill. Bill >> I I Duffy I. >> All right. And Robin's eye. So it's you closing here and take it on advisement.
All right. Moving on. Continued request. >> Thank you. >> Good night, Bill. >> Thank you, Bill. Good night. Thank you. Thanks, Bill. Um continued uh request to amend an existing order of conditions. Constants
Ryan 151 Ticket Falmouth mask request to amend the order of conditions for mass DP25-4780 to redesign the proposed revetment extension in coil fiber core fiber array.
Jen >> yes Mr. Karen, I am promoting Sean Riley of Tyan Bond up to present his project. Good evening, Sean. >> Good evening, Jen. How are you? Um, can can you hear me? All right. I >> Yes, we can.
>> Okay, great. Um, so Sean Riley with Time Bond. Um, the property at 151T Ticket is located on uh Great Pond almost at the entrance of Perch Pond. And if I could
just share my screen real quick. >> Please do. >> Okay. >> So, essentially we're at the head of the uh of Great Pond here. Uh very dynamic area right at near the entrance of Perch Pond. Um the uh project has an active
order of conditions for the extension of an existing revetment um for a uh beach access stair and uh for fiber roll uh array at the end of the um at the end of the revetment. Uh
since the order of conditions was issued, there has been a substantial amount of erosion uh at the property. And if I could share my other screen, uh this is the just to bring you up to speed what was
approved on the uh order of conditions that is currently active. the um since the the erosion was significant uh we decided to meet on site with Jen and Alyssa to see the extent of the erosion and um bank loss
and to discuss how to best uh address and accommodate the bank shift. Uh we all agreed that um the bank needed to be reserveyed uh to update the uh topography to get a more accurate representation of the current
conditions. We also agreed that uh with the shifting of the design to what you have before you now uh would require an amendment uh to the original order of conditions. the plan submitted to you uh that you have before you now is the
result of discussions we had on the out at the site. Um and given the amount of erosion that's happened and uh how much the slope has laid back in that area um it made sense to shift the rebetment
back onto that slope. The slope has gone from essentially a one one to now a one and a half to one. So that is the the slope of the revetment. So fortunately it works out nicely that um the slope of
the stone and the the bank are the same. Uh so we don't need to do any additional grading uh with this redesign uh of the vegetation up above at the top of the bank um to recontour the area. There is
one tree that we looked at on site um that is undermined. Are you able to see my picture? >> No. >> Are you still looking? Let me re >> I'm still looking at the plan. >> All right. Let me reshare that picture
of the tree and the erosion. All right. So, you can see the um Oops. What happened there? There we go. You can see where the existing revetment ends. And uh at the
top of the slope is a oak tree that's undermined. That would be the only tree that needs to be removed. Uh there's a couple of beach plum that would need to be removed to um interlock the proposed revetment with the uh existing revetment
uh where it makes that turn. And I will jump back to the proposed site plan. And because this is such a dynamic area, um originally we had proposed fiber roll array from the from the top of the slope
down to uh basically connect with the beach level. Um looking at how dynamic this is and how much we've lost just within the last year. Um we felt that the inclusion of a scour uh protection at the lower level at 3T essentially a
tow um array below the fiber roll array would give that array a better chance to stabilize as well as the um the koer um cooer matting and the um American beach
grass that would be planted on that. Uh to answer your question about the 12-in on center spacing uh that you had at the the previous meeting, uh that seems to be the most economical uh route. You're not getting much more out of spacing it at 6 in. Uh it's planted in the spring
and essentially by that fall, it's fully established and filled in. Uh and as you know, uh after a few years, that root structure really takes hold. So, um it seems to be the most economical spacing and um a accurate spacing for for doing
the job that it needs to do to to stabilize that bank. Um we are are not proposing to uh do any additional grading along the end uh of the um of the array and the return of
the the scour protection. Access is the same still over the uh the side road leading down onto the beach. There's more than enough access along the beach uh to do this work. So with that, I will
actually we we do uh in the staff comments as Jen will discuss uh we do need a professional land survey or stamp on this. He is reviewing the plan now and we hope to have that plan with uh the required information that Jen is
requesting within the staff report on that plan um either by the end of this week or by early next week for the record. And with that, I'll open it any questions you may have. >> Thank you, Sean. Um you can stop sharing. We'll start off as
usual, Jen. >> Yeah. So, so the original order of conditions uh was issued in October of 2023. So, it's been about 2 years uh since that original order was issued. Um
Sean, after we visited the site and I was thinking about it, I brought our new coastal resiliency uh specialist down there and he had kind of the same concern I was thinking about after we left is
west of that site is that little spit that goes towards Purge Pond and behind that is this a kind of a pretty significant salt marsh. >> Yes. If we're moving the energy from that location west,
>> how is that eventually going to affect that salt marsh? I was trying to think of all the dynamics going in there. >> Yeah. You mean as far as the the wave energy or as far as >> So, we're just now we're shifting it towards a more vulnerable an ecologically vulnerable area as opposed
to So, >> yep. Is there a way to maybe not have so much stone as we're we're thinking about this? It was kind of hard on site to conceptualize it, I guess. >> Yeah. If I can share my my screen again.
>> More more the array. Maybe something to absorb some of that wave action instead of shifting it towards that that very narrow little tiny barrier beach area with that marsh behind it. >> Understood. Let me just share my screen
again and I'll show that area that you're >> Yeah, if you show the aerial that will that will show that area. >> So, this is this is uh a a good distance away actually. Let me see if I can pull up a nice oblique view of
that area. Yeah, there we go. So the revetment is a considerable distance away from that corner and that marsh. Uh where we're looking to terminate the um the return of those stones is somewhere in uh this area here. So we still have
that good stretch of beach um and access along that side between where we were turning those those scourston stones and we're actually turning those scour stones in. So, I wouldn't see that any wave energy would be dissipated down in
that direction. You've got the beach uh between um where we're proposing the the end return and where the start of the salt marsh is. It's probably 80 to 100 ft from where the return is to
um to where that salt marsh starts and where the entrance is is several hundred feet. No, I'm more concerned about where those little boats are, >> right? >> Moving the energy to that location where it could breach that little barrier
beach and start affecting that salt marsh. >> Yeah, I don't think anything that we're doing is going to have any impact on any wave energy that is that is anywhere west of uh essentially this return here. the the topography
drops down significantly as you travel from uh east to west on this site. Um so the elevation of that road is only a few feet as you know above beach level. So the transition already happens uh
naturally along that edge. Um, so I wouldn't see that that any of this energy, wave energy would be transmitted down along that beach as there is a a considerable amount of beach between uh this area here where it would terminate and um
>> right where the cursor >> Yep. and this area here. >> Yeah. you're not going to see any difference in the wave wave interaction with the shoreline uh with the return here um you know essentially beyond this roadway. >> Yeah. And I know there was considerable
discussion at the last hearing about trying to reduce the amount of rock that is being used. Is there any way we could reduce it um to maybe the square footage we had before but just >> it is a reduction of the square footage.
>> Yeah. No, there is a reduction in the the amount of stone that's required because now we're lay we're not laying it on an angle to get back and we're also not infilling uh the void here essentially before we tied into the corner of the revetment and we were
bringing it diagonally back um to the shoreline and then infilling everything in behind that with stone. uh if you remember that the revetment carried back into here and the the stone carried out to uh the point of the the existing
revetment. So essentially this triangle of stone uh is not being installed now. It's shifting back into the landform here and laying flat on the landform. So there is less stone that's going in now than there was before.
There's less there's less what's the word I'm looking for volume of stone but it's there's le out I guess it's more of an area of stone as opposed to >> yeah if I could share my the plan view that
>> no I understand what you're saying I think that's maybe what you were trying to explain to us in the field and I wasn't it was hard to >> to grasp for that in the field >> yeah so the the 36 foot extension uh that we're proposing is the same
extension that we had before. >> Um essentially, but you're not adding in before we had this triangular area that was infilled with rock. So now that that area is not and as you can see is less
than the area of this 3 ft that we're adding um of stone on the end. >> Well, no. Well, because it eroded back, >> right? >> So, you didn't have that big void area on the last project cuz this is severely
eroded back more. >> Right. We had Correct. Correct. But we were we were filling all the way out to this point and then coming up to the same elevation, elevation eight. So, we're in a much tighter uh area now
where the stone is laying back essentially flat on Let me see if I can jump down to the next sheet. Flat onto the existing slope where before we were at a >> one one slope.
I get up there. Oops. So you can see we were going back into that area from the from the point of um the face of the revetment back into that pocket.
>> Okay. >> I mean this is a little bit different than we saw the last two because you did already approve something on this site. Um, so those were just my concerns with this. I'm still, as you know, Sean, I
was struggling with it out in the field and I'm still just struggling with the use of the the the hard armoring in this site. That that's all I have right now, Mr. Chairman. >> All right. You can stop sharing.
>> Sure. Melissa, do you have anything? Uh, >> nothing to add. Thank you. Uh Ronnie >> Dave. >> Um Sean, can you can you explain scour protection? >> Sure. Essentially, the the fiber rolls
in this area, there's a significant amount of wave action that rolls in on the shoreline and that's what's causing the scour. Then the fiber rolls need to establish. And until they establish with uh vegetation on top of it, with the roots taking hold of that, um they won't
stand a chance. they'll end up floating around the bay. Um, so the scour protection essentially takes those smaller wave events and dissipates that wave energy below where the fiber roll array is set. So essentially the fiber rolls are set up 3 ft above where that
that lower wave action happens um to prevent the undermining of it. >> Uh, next question is um why why are they only only fiber rolls on the west side of this this thing and not why' you put it just there not the whole way? along the entire length.
>> You You have it on the left side. >> Yeah, we were just matching. It's all It's all stone. >> Yeah, we were matching We were matching and transitioning down. So, matching where that scour came around to protect the house. >> Yeah. >> And and we kept it at the same elevation that the existing revetment is and then
just transitioned down so it it transitions down along the the slope. >> One last question. Did you call the the section to the left of the called a void? Is that what you called it? >> Just a void that that's been left at the uh at the return of the existing
revetment. That void that's >> that area. It seems like a there's a lot of erosion there as well. Correct. >> That's the Yeah. At the inside corner. >> Seems to be the whole project kind of ends a little earlier than I would have thought it would to to protect, you know, from erosion. >> Yeah. Once you get down to a certain
point, um you're no longer protecting the house. You're protecting other elements, the road. And so really this is for the protection of the house. I I got you. That makes sense. Thank you. That's it. >> Thank you, >> Bill. >> Yeah, thank you, Sean. Uh, that all
looks good to me. So, I got nothing. >> I'm good. Thank you, Mr. Chairman. for me. >> So um I just have one question a clarification that um when all is the
regulation Jen that when all else fails you can do re hard hardcape. Do you follow what I'm saying? >> It depends. It depends when the house was constructed. Um Sean, do you know when this house was
constructed? >> I believe it was pre78. It's a singlestory basically bundle >> probably 60s block foundation. It look it depends on certain circumstances, Courtney. It depends on the different
resource areas. Um it depends if the bank is providing a sediment source to a beach. Um so there is but in this case this is an amendment and you've already approved some combination of
rock and core fiber rolls. >> Mhm. >> Um like Sean said that this order was issued two years ago. >> Yeah. >> If they had done it two years ago, you know, as Sean said, it would be less rock. Although I'm still not doubting
him, just having really trouble with that. But this site has changed so much that they needed to come in with a redesign. >> No, I and that's what I I just wanted to make sure because I my understanding of
the state regs was if a house was built uh after 78, you weren't allowed to hard, you know, to to armor it. That house definitely predates 78, Courtney. >> Yeah. Oh, I know it does.
>> Yeah, 100%. >> All right. Well, I mean, the only other concern I have is by having that you're not filling in that triangle, as you took pains to point out in your presentation, does that set up a a zone
of real turbulence that's going to cause the um co cause this to become more active than it should be? >> No, not not the way that we're going to inter interlock everything in that corner. So he'll Yeah. The contractor will get in there and reset all those
stones and do an interaction in there to to basically shape and form a a corner. >> I mean, you get my >> I do I do absolutely. >> Yeah. Okay. No other questions. >> Don, would you be opposed to us putting a monitoring component on this just so I
can monitor that marsh? Because that was that where those boat boats were. >> Yeah. >> I mean, it looks >> like a fairly long time on the plan, but when you're down there >> Yeah. on the ground. It was it was a concern to me. It was a concern to our
coastal resiliency coordinator. It was just like >> what's going to happen? In some cases, you know, it's a plus because it's going to be not providing so much sediment towards port perch pond, which we have
an issue with um sholing over there. >> Mhm. Um, but I'm really concerned about maybe breaching that breaching that tiny little barrier beach spit
>> that goes out and and really impacting that march. So, I may I may think of summer monitoring requirements for that >> of of wave energy the changes. Yes, absolutely. I have no no issues with that. >> Okay, >> Steve.
No, it sounds like we worked this out, but uh I think this amendment will probably succeed. So, I'm in favor. >> Okay, Ron Driscoll. >> Yeah. So, I'm so happy the third fiber array, but this one has rocks on the bottom of it and they're actually putting tow stones in and it looks like
this fiber array will actually have a chance to exist for more than five or 10 years if everything works according to plan. >> So, how do you get those those toe stones, I understand, are much bigger than the normal rock. How are you going to get them in there? >> They are. So, the excavator will just essentially uh remove some of the sand
on the beach uh either to be utilized above or uh and bas basically just set them in. We've we've been very successful at Eastwood Ho Country Club with this exact method um around the tea boxes that they have right on the water. So, it's worked. It's worked great.
>> Okay. >> So, good luck. That's all. >> Thanks, Ron. Uh Jen, is there anyone in the chat? Anything in the chat? >> Nothing in the chat, Mr. Chairman. >> All right. What's your What's your
pleasure? >> Make a motion to amend the orders conditions as discussed. >> You're going to close the hearing >> and then we're going to vote an amended order of conditions next week.
>> So, I'm going to make a motion to close the hearing >> and take it under adisement. >> Take it under advisement. >> I'll second that. Second. >> Okay, we have a motion, a second to close the hear, and take it under advisement. Any other comments or questions by the commissioners? Hearing none, I'm going to call the roll.
Courtney >> I. >> Steve. >> Hi. >> Um, Ron >> I, >> Ronnie Mo. I >> Dave >> H. I >> Bill Duffy. I >> Jim >> McGrath I
>> and Robins is a I. So it's unanimous to close. The hearing is closed. >> Thank you very much. Have a great night. >> You're welcome, Sean. >> Thanks, Sean. >> Good night. >> All right. Um, the next is a request to extend an existing order conditions.
Karen and David How Vineyard Street, Fouth, Mass, Dumber 25-4580, requests a three-year extension. Jen, >> yes, Mr. Chairman. Um, staff recommends a three-year extension on this project.
Make a motion to accept the staff recommendations. Driscoll second. Do >> we have a motion and a second to accept staff's recommendation to extend the order conditions three years? Any comments or questions from the
commission. Okay. Hearing none, I'm going to call a roll. Courtney >> Bird I. >> Steve >> Patton I. >> Ron >> Crystal I. >> Ronnie >> Bob I. Dave >> I >> Bill >> Duffy I >> Jim
>> McGrath I >> Jim Robbins is an I. Okay, that's extended for three years. Uh next is a continued hearings under an enforcement order. Um first up is Sea Shell Lane Community Association. We've
already read this, right? And and it's being continued until when Jen >> 7th. >> January 7th. >> 7th. Okay. Um the next one is uh the 41 Mary Emanuel Way. This one is being continued.
All right. So we got >> January 14th. >> Yeah, I've already read that. Okay. Next is um Suzanne and Maurice Ryan 32 Squib Knocker Drive east of Mass. Um unpermitted installation of a retaining
feature in hardscapes. potential potential regrading of a coastal bank and clearing within conservation jurisdiction. Jen, >> yes, Mr. Chairman, I am promoting Tom Bunker up and
um the property owner Susan Ryan and uh we can kind Alyssa wrote staff report. can give you a brief overview of why we are here tonight. >> Good evening, Tom. >> Good evening.
>> All right. So, just to begin, um this enforcement order is before you after staff had reviewed some changes through available aerial imagery. Um, similar to other properties in the area, there were some unmitted changes into the backyard
area, specifically on the coastal bank. In review of previous permitting, and I have uh shared some aerial photos from over the years in the staff report for you. Um there were previous requirements
for restoration in the backyard to have a 25 ft buff um naturally vegetated buffer and over time that had been removed. There has been some minor changes to the float configuration and predominantly a
couple years ago there were some major changes to the property where retaining walls were installed in the backyard creating a more tiered um backyard space. um being the actual coastal bank, those would not have been able to be permitted by this department. Um
fortunately, Tom um who's been retained by the homeowners here were was able to use uh old topography um using LAR to estimate where that top of bank would have been before the work work took place in the backyard. So you'll see
that on your plan. That is the coastal bank that goes through the top of the retaining wall. See word of the deck. After the work has taken place, the top of the coastal bank now can be seen almost going through the house. That's why you're seeing two of them on the
plan. Um, just for reference. Um, so the staff has been able to work with the property owners Tom Bunker and Mark Manganello from LEC who will be producing a restoration plan for the property and um kind of discussed what
the unpermitted features consist of in addition to some hardscape changes um walkways and stairs and driveway changes to the remainder of the property. Um, so I do know the homeowners have granted permission uh for you guys to visit the
site and the staff would recommend um taking your plan out there over the next week to take a look at it uh continue the hearing to next week and ultimately issue an enforcement order requiring a notice of intent per town council's
guidance. Thank you. >> Right, Jen. Did you have anything to add? >> Not nothing to add, Mr. Chairman. >> All right, Tom, did you have a presentation or >> No, I I don't think I really did. I
think you I think you got permission to go to the property. Um, and I think the intent was you go go look at the property and then uh we can start working with the staff to and the owner homeowners to come up with the
restoration plan. >> Okay. Tom, would you put your plan up on the screen? Do you have it available? Do you want me to I have it right here if you want me to put it? >> I do, but you know, I just looking and I think I uh I don't know if I sent Do you have the one the proper one with the LAR
on it? Do you have a stamped one of that? because I was I just looking at them now and I don't know if the the >> I do I have one just dated
uh plan with 2021 LAR contours. Is that the one you want me to share? Yeah, Tom. >> And then I have the new And then I have the the the the existing one the existing conditions. Yeah, if you want to put them up, that
would be >> okay. >> Easier. Sure. >> I'd be happy to share my screen, Mr. Chairman, if that's okay. Sure. >> Okay, this is the plan with the 2021 LAR conditions.
So, as you can see, the top of the coastal bank is right there. Correct, Tom? >> Yes, that's right. >> Okay. And now you want me to go to the other one. And now, >> yeah, that's the existing conditions. Of course, there are fewer contours on it
because they're all uh you know, they're retaining walls on there now rather than contours. >> Yeah. But the uh the top of the banks are even even now there's some up the two sides of the lots particularly one where where Jen's cursor is that the the
contours do rise up at a steeper than 4 to one slope up to there. So, there's a top of coastal bank up next to the house and on the other side, it's a little hard to tell because there are more retaining walls on the uh at at the bottom of the page,
but that the zone A of the Coastal Bank does go up into the front yard. And I know Jen and Alyssa talked about the increase in the walk and the pavement in the front yard. So, we'll we'll be looking at that.
Okay. >> Do you still need the plan up, Tom? >> No. No, I don't. Just >> whatever the commission wants. >> I mean, >> okay. >> So, I mean, basically, we're looking to close this here. Not close it. Um,
continue this, correct? >> Yes. Till next week. >> Yeah. >> Continue. Yeah. Continue. Give you guys a chance to go out there. >> Uh, see if you have any additional questions for Tom. >> Okay. And then the as per uh town
council guidance uh the enforcement order would consist of direction to file a notice of intent by a date certain to take corrective actions >> and we'll be working with um Tom as Alyssa stated we'll be working with Tom
and Mark Manganello from LEC to prepare a plan that we can bring to the commission um and um endorse Okay. So, I I don't know if Susan Ryan wanted to say anything or if she's just >> Miss Ryan is here. I have promoted her
up. Miss Ryan, if you do you want to speak There you go. >> No, I thought you were talking about a lot more than you are right now. I'm I'm still don't know how to handle any of
this. This is way over my pay grade. Tom will be able to assist you, ma'am. >> Thank you. >> So, what what's going to happen, ma'am, is the the commission's just going to take their plan, go out and take a look. >> Um, we will regroup next week. Um, and
then we will issue um what's commonly referred to as an enforcement order, and that will require you to file what's called a notice of intent. that will be the mechanism in which you can do the corrective work under. So you file the notice of intent, we would issue what's
called an order of conditions and then you'll be able to um uh undertake the restoration part of that the required restoration. >> Do I have any idea on when people will be showing up? We are not there
currently. Um, if you give them permission, they they all will have different schedules and work different hours. The board typically just goes when they when they can. >> Okay. I would have appreciated being
able to be there to at least talk to somebody, but that's fine. >> Okay. All right. Does anyone I mean, anyone got any questions for Tom right now? I don't think there's without looking at it. Hey, I I got nothing. So, um, did
you have something, Steve? >> Uh, Miss Ryan, when when will you be there? Is there a convenient time for you? I have relative flexibility. >> Well, next week is going to be tricky for us. We have um medical appointments
in Boston that we have to go to. So, the end of the week is no good. We are going to be there um Sunday and Monday. >> Thank you. >> Okay.
Anyone anything from anyone else? And I'll be looking for a motion to continue >> motion to continue the hearing till next week. >> Very good. >> So that they can view the property and review the plan when it comes in. >> Okay.
>> Second it, Duffy. So, we have a motion, a second to continue until the 17th. Any other comments or questions from the commissioners? Nope. Hearing none. Um, nothing in the chat, Jen. Anything there? >> Nothing in chat, Mr. Chairman. >> So, I'm going to go ahead and call the
role to um close the hearing. Take it on. Uh, close it. No, >> continue the hearing, Mr. Chairman. >> Continue until the 17th. Sorry. Uh, Courtney >> I. >> Steve and I. >> Ronnie. Ronnie
>> and I >> Dave >> K I >> Bill >> D I Jim >> McGrath >> I >> and Robins is um an I. So we're continued until the 17th on this. Thank you Tom. Thank you Mr. Ryan. >> Thank you Tom. Thank you M.
>> Can I make a quick point? If if at all possible we should try to schedule our visits out there on Monday when they're going to be there >> or Sunday, right? You can't go Monday. >> Yeah. Yeah. Right. You can't go. You
can't have more than three at the site at the same time anyway. So, >> right. >> It's Sunday and Monday, right? >> Yes. >> That's what she said. All right. Thank you. >> Thank you. >> All right.
Um, next is um Steve Augusta, 33 oyster shell lane. He's found with mass unpermitted removal of mitigation plantings and unpermitted installation of hardscape within conservation jurisdiction. Jen
>> Yes, Mr. Chairman. Um we've been working with Mike Burcelli Felmouth Engineering, Angela Tanner, Crawford Land Management to um take care of some unmitted work on the property and some compliance issues. Um,
I think at this point I've spoken to Mike Borceli. The best path forward would be for us to just close the hearing. Um, and we will write up an in uh a detailed enforcement order for you guys to vote because
beyond just the unpermitted uh removal of the buffer, there are compliance issues that the staff needs guidance on. um whether or not you want um him to to to remove that
kind of parking area he made, mitigate for it, whatever. Uh we staff just need some guidance on on some of the finer points of the enforcement order. Um but have um
the enforcement order would require Mr. Austo to file a notice of intent by midFebruary. Um, I would say like by February 18th
and um and take the corrective actions needed to bring the property back into compliance and address the enforcement matter. Okay, >> any comments or questions?
Just a note on the quorum. It's Russ, Ron, Steve, and Courtney. >> Okay. >> Yes. >> Yeah. After being after seeing the property, you know, it's it's a pretty unique piece of property. I don't know what he could have done. Obviously, we
didn't obviously we didn't know it was a garage and that's it was when I was over there was pretty active. The guy was moving equipment in and out of that garage. I don't know what what he could poss we could possibly do because when you come in that garage, you you have to go across either the grass area or something to replace the grass. And if
it's grass, it's a wet, you know, it's wet, it's, you know, it's flooded. It' just be a total mess. I I think any type of removal or anything for that, let's call it a driveway. Um, it' just be worse unless someone come up with a better idea.
So, I think mitigation for that is probably the best way. Even though it's going closer to the I know it's going close to the resource, but it's such a unique piece of property. I don't know what else you could do. >> Okay. >> So, we want to continue this, Mr.
Chairman, till February 8? No, >> no, no, no, no. We're going to close this. And I've already talked to the the applicant, the property owners representatives on this approach. Close the hearing. We'll issue a motion to
close the hearing. That's what we want right now. Okay. >> Yes. Yes. >> So, a motion to close the hearing. Driscoll. >> Second. >> All right. So, we have a motion second to close the hearing. Um, and right up enforcement order. Correct, Jen? >> Correct.
>> Any other comments or questions? I I don't see anything in the chat. Do you, Jen? >> Nothing in the chat regarding this project, Mr. Sharon. >> So, I'm going to go ahead and call a roll to close this hearing. Uh, Courtney
>> Bird Eye >> Pataly >> I don't think I'm on the >> Oh, that's right. I apologize. Uh, Courtney, myself, and Robin. So, um, I'm high, too. So, we've closed this hearing.
I didn't miss anybody, right? Oh, okay. Very good. That enforcement order was closed. All right. What order of conditions? Uh Thomas Turner Chapo Association
0 Chapo Road found Mass Parcel ID is 24-06-008-0000. Jen, do you want to just give us a brief? This is just the repair of um driving that sheeting behind uh and rebuilding
that revetment along the road in order to protect the road. The the the sheeting is going to be above the road with a cap. They're going to be doing some dune nourishment. Um towards the end,
um there'll be one set of access stairs. Um, they wanted to do a path with kind of a moi mat down to those. It's the access stairs on the end. I believe they're eliminating the access stairs in the front, I believe.
>> Y >> and then they wanted kind of a five, maybe six, maybe five foot path through the dune. We discussed narrowing that to a 4ft wide path and cutting the MOI mat to fit within that as um you've done in
past Dune uh projects. Um this is just a continuation of a sheep piling that we've been the town has also been marching down >> Chappie Road to try to protect the road and this is the last section which is the private section owned by Chapo
Associates. I have a question on the quorum. Am I on the quorum on these? >> You're not on any of these court if you want to head out. >> Yeah. >> Don't forget the coal next week. >> What's that? >> Don't forget the coal next week. >> Oh, yeah. Okay.
>> All right. >> Jen Jen, let me ask you a question. Do in the standard >> um conditions, >> is there anything about spill control? cuz they they talked about fueling all that equipment out there. >> Um
>> yeah, they >> they're they're not going to fuel it on the beach. They may have to fuel it in the turnaround, >> I think. I think they said um usually you'll put a condition for some sort of
bofuel. It's >> kind of hard to enforce. We don't really know. >> I would be concerned just just if there was a spill, that's all. And they should have spill control available. >> Spill control. Yep. It's not a standard condition, Mr. Chairman, but we can certainly start adding it in to have
some sort of absorbive mats or spill control >> on if they're going to be refueling on site. >> You never know, you know. >> Yeah. Okay. >> That's all I had. Anyone else? Okay. Um, can I get a motion? Motion to
issue an order of conditions as is discussed. >> Perfect. >> Second. >> Okay. We have a motion and a second to issue order disc uh as discussed. Um sorry, tired. Any other comments or
questions? Hearing none, I'll call a roll. Uh Steve >> at I. >> Ron >> I >> Ronnie I >> Dave >> G. Bill >> Duffy I >> Jim >> McGrath I >> and Robins is an I. So that's unanimous
that we've issued order conditions for zero chro Michael and Marne Farrell 202 Edgewater Drive East LLC 202 Edgewater Drive East Mass. Um and this was the dock right
Jen? >> Yep. This is the dock that had the um two separate shellfish surveys. It's an I dock. So, what would the board like to do? >> Um, uh, rail up one side. Correct. If
it's an >> If the board chooses to approve the dock, then in past practices when we had an eye because you only do allow one one boat to per dock that we usually um condition some sort of railing. So, it
makes it difficult to be able to put a boat on um the thing. The cleats will only be on the side where the boat is to be mored. There should be no cleats on the side on the other side and a railing should be installed. >> Okay. Any other discussion?
>> Should we make them do another selfish survey? >> No. >> How about how about Ron? How about how about Fiverr? How about Fiverr rolls? >> Make a motion to honor conditions as discussed. Driscoll >> and a second.
>> Okay, so we have a motion and a second to uh issue order conditions as discussed. Anything else? Hearing none, I'm going to call a roll. Steve, >> I >> Ron,
>> Ronnie, I >> Dave >> H. I >> Bill >> Duffy I >> Jim >> Mr. I >> and Robins is an I. All right. Next is um vote amended order of conditions. Michael Day family West Falmouth Trust
Falmouth 17 low way Jen or >> Yes. This is an amended order to take um some uh to address some unpermitted clearing and activity and regrading of a
bank out on low way. Uh Maria Hickeyi will be doing the restoration plan. Uh, one condition we do want to see is that once the bank is eroded to have the surveyor, in this case I believe it was Tom Bunker, correct me if I'm wrong,
let's say it was Tom, have Tom go back out there, survey the bank, make sure it was regraded as close as possible to the original grade before allowing the restoration plantings to be installed because what we don't want is to have
them do all the work. we go out there, we have an issue with the grading and then all the plantings have to be removed and installed. So, it's I know it sounds like an extra surveying step, but just something to protect both the property owner and and this commission's
uh order of conditions um as well as condition. There is going to be work along the >> state property. It's currently the state the town has a 99-year lease. Um the um
the contractor does not have permission to cross over onto the state property or do work on the state property. There was some discussion with our parks department and we'd like parks to monitor the work along that back property line to um ensure that the
state property with our e our lease on it is not disturbed. And I think um Maria Hickeyi did confirm that she's not going to be working on state property, but she is taking out some locust right along that property
line. So we'd like um town parks department to be there monitoring that work. >> Okay. Discussion. >> Okay. What's your pleasure? >> Is order of men amended out of conditions as discussed. Driscoll
>> second. >> Second. >> Okay. So, we have a motion and a second to issue amended order conditions as discussed. Any other comments, questions? Hearing? None. I'll call the roll. Steve >> and I. >> Ron. I
>> Dave >> and I. >> Bill. >> Duffy. I >> Jim >> McGrath I >> and Robins is an I. It's unanimous. It's an amended order of conditions. I need one more motion. >> Make a motion to adjourn. Your honor
and >> Iris second eye. >> Beautiful. I think I hear the quorum. >> Thank you.