Heat. Heat. Good evening. Welcome to the January 21st, 2026 meeting of the Falmouth Conservation Commission. This meeting is being held virtually via Zoom video conference and is also being broadcast by FCTV on cable channel 9. As this
meeting is being recorded by Zoom and broadcast by S FVCT, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. We have a full complement of commissioners tonight. Thank you all for your dedication.
I'd like to remind the commissioners that for commenting, I will call on each of you in turn. So, please refrain from speaking over each other. Also, all votes are done by roll call. So, when I call your name, please state your name and your vote for the record, even if you've made the motion with a second. To
our public attendees, at any time during this meeting, you may enter any comments or questions via the chat function. At the appropriate time, they will be read into the record. If as an attendee you'd like to participate in a particular hearing, let us know via the chat function. And 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 of others. Public comments will be limited to 3 minutes each. Regarding RDAs, under request for
determination of applicability, the applicant is asking the commission to determine if the provisions of the Massachusetts Wetland Protection Act and or the Falmouth Wetlands bylaw apply to their proposed project. A negative determination is that the provisions of the act and/or bylaw do not apply.
Therefore, the project may proceed as proposed. A positive determination means the provision of the act and/or bylaws do in fact apply and may require some conditions. Therefore, the project would require a notice of intent application. So, as an applicant, you want to hear a
negative determination. For the benefit of anybody waiting on a particular hearing tonight, so you're not waiting. The following hearings are expected to be continued. 55 Gro Street, North Falmouth. 75 Reynolds Street,
Felmouth, Mass. Five Dairy Lane Zero Ranch Road, Falmouth, Mass. 110 Scranton A, Fmouth, Mass. All right. So, up first, we have a request for continuence for determination of applicability.
Steven Barnes, 55 Grove Street, North Falmouth, Mass. for permission to reconstruct a portion of the house, construct an addition, remove part of a stone patio, install drywalls, and reconstruct a stone wall. Alyssa
>> is frozen. >> Oh, >> I can I can do this one. Um, the applicant requested a continuance until February 18th. >> So, move a second.
>> Got a motion, a second to continue to February 18th. Any questions? I'll call the roll. Ron >> Driscoll I. >> Jim >> McGrath. I >> Dave >> K. I.
>> Steve. >> And I. Ronnie >> Bowman I >> Courtney >> Bird I >> Duffy I motion is passed to continue this till February 18th.
Next for determination of applicability Jeffrey Een 51 Bryant Point Roadmouth Mass for permission to expand an existing dormer. Fallon >> staff recommends a negative3 under the state and negative -2 under the bylaw.
Resource area boundaries are not confirmed. >> Discal second. >> All right, we got a motion, a second. Any questions? All right, hearing none. Call the roll. Ron, >> Driscoll, I. >> Jim,
>> McGrath, I. >> Dave, >> I. Steve >> Patton I >> Ronnie >> Bowman I >> Courtney >> Bird I >> Duffy I motion is passed.
All right. Andrea just sorry for butchering that name. 22 8 Alder Lane Felmouth Mass for permission to reconstruct a deck. Fallon >> staff recommends a negative three under the state and negative -2 under the
bylaw. Resource area boundaries are not confirmed. >> So move Driscoll >> bird second. >> We got a motion and a second. Any questions? Hearing none. Call the roll. Ron >> Chrislly I.
>> Jim I. >> Dave >> D. >> Steve >> P I. Ronnie >> Balman I >> Courtney >> Bird I >> and Duffy I motion passes.
Next we got Paul Sers 307 Shorewood Drive East Falmouth Mass for permission to conduct minor invasive species removal into Vista Prune according to FWR 10.18 10B Allen
>> staff recommends a negative 300 the state and -2 under the bylaw resource area boundaries are not confirmed. So >> Driscoll second. >> You take it, Courtney. You take it here. Okay. You get the first. >> I'll second it. Whatever.
>> I already did. You take the first. I'll take second. >> Okay. >> I like when the plan comes together. >> Someone else jumps in. >> Call roll. Ron. >> Driscoll. >> Jim. >> McGrath. Ei. >> Dave. H I
>> Steve Eve >> Hen I >> Ronnie >> Walman I >> Courtney >> Bird I >> and Duffy I motion passes. Next we have the Veil Group 118 Hotel Street found with Mass for permission to
construct a dormer. >> Staff recommends 300 under the state two under the bylaw. Resource area boundaries are not confirmed. this resource area thing. >> In other words, is it a flood zone?
>> No, it's in um it's within a buffer. There's some salt marsh over there, but um it's just a dormer, so no change in footprint or anything. We typically do >> move. Driscoll second.
>> Motion a second. Any questions? Seeing none. Ron >> Driscoll >> I. >> Jim >> McGrath I >> Dave >> Hans I. >> Steve >> Patton I >> Ronnie >> Bman I
>> Courtney >> Bird I >> and Duffy I. Motion passes. Next we have Sally H. Maver 25 Barack Road, Falmouth, Mass for permission to relocate an existing single family dwelling and place the new dwelling on
concrete peers to install mitigation planting things and to install two dry wells. Fallon >> staff recommends a negative three under the state and negative -2 under the bylaw. Resource area boundaries are not confirmed. >> So move
>> fiscal second. >> Motion and a second. Any questions? >> Uh, yeah. This seems like a lot of work for a an RDA. I Can you explain why? >> Yeah, Jen met with um Capen Islands
Engineering a while ago and they discussed this work. Um, I spoke with the engineer and there's a few reasons why they want to do this work. Um, but while I was on site, I did get a good peak underneath the house and right now
it is being held up by cedar peers. So, few planks of wood holding up this whole house. So, I think moving it and getting it onto something a bit sturdier will be really beneficial. Um, there is an
isolated wetland in the back of the property, but there's also a second house on the back of the property right up against that wetland. So, we figured this one wouldn't be um harming anything. Move it a couple inches,
couple few feet. >> Sounds Sounds good. Thank you for your explanation. >> Yep. >> Okay, we'll call the roll. Ron >> Driscoli, >> Jim, >> Rathy, >> Dave, >> Kent, >> I,
>> Steve, >> Patton, I, >> Ronnie, >> Bulman, I, >> Courtourtney, >> Bird, I, >> and Duffy. I motion passes. Next, we have Kathy and David Campbell, five Milfield Street, found with mass for
permission to install a shed and permit an existing shed. Balon >> staff recommends a negative -3 under the state and negative -2 under the bylaw. Resource area boundaries are not confirmed. >> So move second.
>> Any questions? >> All right. Call roll. Ron >> Driscoll. I >> Jim >> McGrath I. >> Dave I. >> Steve >> Matt I. >> Ronnie >> Bowman. I >> Courtney
>> Bird I >> and Duffy I motion passes Steven Barnes 55 Gro Street North with Mass was just continued. Next we have Michael O'Hare 56 Paty Road
East with Mass for permission to replace a patio and a set of stairs construct two landscape walls and install plantings. Valon >> staff recommends a negative three under the state negative two under the bylaw. Resource area boundaries are not confirmed.
>> So move >> Driscoll second. >> Any questions? All right, I'll call the role. Ron >> Driscoll. >> Jim >> Grath. Dave >> anti. >> Steve
>> muted. >> This Patton I >> Patton I >> Ronnie >> Bowman I >> Courtney >> Bird I >> and Duffy I motion passes. >> Continue request for determination of applicability. Scott Michelle 75
Reynolds Street Fall with Mass for permission to construct an addition and porch into reconstructed deck. Fallon >> the applicant has requested a continuence until February 4th. >> So move
fiscal second. >> Any questions? >> Is Scott a builder? He seems to be coming up a lot. >> He works for Long Fellow. um building.
>> He's a builder. Okay. Thank you. >> All right. We'll call the roll to continue to February 4th. Ron >> Driscoll I. >> Jim Brad I. >> Dave >> and I. >> Steve
I. >> Ronnie >> Bman I. >> Courtourtney >> Bird I. >> And Duffy. I motion's passed to continue this till February 4th. All right. For notices of intent, all hearings of
the Falmouth Conservation Commission are held simultaneously under authorities of the Massachusetts Wetland Protection Act and the Falmouth Wetland bylaw. Although a single decision of the commission is issued, it represents a separate position under each authority. As a
reminder, public commented is limited to three minutes. So I encourage you to stay within the purview of this board, which are the rules and regulations of the wetlands protection act in the found wetland bylaws and how they pertain to a particular applicant. The chair reserves
the right to stop any comment that is disparaging or inconsequential to the hearing. Please know that all correspondences received by the conservation department is forwarded to all commissioners and becomes part of the record. We will not read each and every letter received at a
hearing. Remember, our jurisdiction is that of the Massachusetts Wetland Protection Act in the Falmouth Wetlands bylaw, not zoning, health, or building. All right. So, we have continued request for hearing under a notice of intent.
15 Derryland LLC 15 Derryland and Zero Ranch Road map parcel 05 03 0001B 000 Fmouth Mask for permission to construct a common deckly >> doc
>> the dock yes sorry >> yes the applicant has requested a continuence until March 11th >> heard so move >> fiscal second >> any questions hearing None. Call the roll. Ron >> Driscoll. I
>> Jim >> McGrath I. >> Dave I. >> Steve >> Matt I. >> Ronnie >> Bowman. I >> Courtney >> Bird I. >> And Duffy. I motion's passed to continue
to Would you say March 11th? >> Yes. >> Yes. >> Thank you. Next we got Brian Mclofflin Fmouth Pier 37 Inc. 110 Scranton Aavalmouth Mass for permission to replace and relocate the bulkhead, remove a portion of filled
tide lands and expand the existing deck system. Alyssa, >> the applicant has requested a continuence until March 4th. >> Birds move. >> Fiscal second. >> Any questions?
Hearing none, I'll call the role. Ron, >> I >> Jim McGrath I. Dave >> and I >> Steve >> and I >> Ronnie >> Bulbert I >> Courtney >> Bird I >> and Duffy I motion has passed to
continue this till March 4th. Next we have William Elizabeth Scandel 314 Quissit Avenue Falmouth Mass for permission to conduct invasive species management and install restoration plantings. Alyssa.
>> Yes, I have promoted Mike Purcelli from Felmouth Engineering to uh request a continuence. As Mike, I don't believe there's anybody in the audience for this project. >> Okay. Thank you. Thank you, Mr. Chairman, members of the commission. Uh Mike Borceli, Felmouth Engineering. Um I
wanted to just um open the hearing in case there were uh any um concern of Butters. There was a a director of butter, Mr. John Hyatt, who had contacted my office with some concerns
uh and questions, but I know he met with uh or had at least a phone call with Nick Crawford of Crawford Land Management and and the project manager on the site. And I think that they satisfied his issues and concerns, but I
wanted to make sure in case he had something to say. We can't close the hearing because we haven't got the letter from Misa. They have 30 days. It hasn't been 30 days. We called them today, but they were nonresponsive. So,
we made the presentation and I think we satisfied the commission and the staff. Um, so we have to wait for the letter. I don't think the abuter has any concerns. So, you're not meeting next week. So, I'm requesting a continuence till February 4th. heard. So move
>> fiscal second. >> Any other questions? Alyssa, anything in the chat related to this? >> Nothing in the chat related to this project. >> All right. So I will uh No one has any questions. I call the role to continue
this to February 4th. Is that what we're saying? Perfect. Ron >> Driscoll. I >> Jim >> McGrath I. Dave >> I >> Steve >> I >> Ronnie >> moment I >> Courtney
>> Bird I >> and Duffy I motion passes to continue to the 4th of February. Thanks Mike. >> Thank you. >> Next we have CH Newton Builders 52 Oyster Shell Lane East Falmouth Mass for
permission to enlarge the existing deck and install the associated mitigation. Melissa. >> Yes, Mike Burcelli is here to present his project. >> Thank you again, Mr. Chairman. For the record, Mike Borelli with Engineering. I
represent the applicant. This is actually a continued hearing, although we didn't make a formal presentation at the initial hearing because there was some staff concerns. Um, we met with staff um at at the
office. Uh we also went out in the field and looked at that some things. Um we uh met with staff via Zoom. Um we made revisions to the plan to address those concerns. Uh we went
over that today with Alyssa and I'm hoping um that we satisfied the staff. So I'm going to make a presentation on what the project is to the commission. The property is located at number 52
Oyster Shell Lane. With your permission, I'm going to share my screen. >> Go ahead. >> Thank you. Um the property um is number 52 Oyster Shell Lane. It's at the very end of a culdeac.
Um it has frontage on Bourne's Pond. The wetland resources of note include land under the ocean. There's a salt marsh. There's a bordering vegetated wetland that was flagged
by uh ECR Brad Holmes. Um data sheets were submitted properties also within land subject to coastal storm flowage. There is a VE14, but it's on the it's on the pond side up
outside of where any proposed construction activities are. Um there's an AE12. Um that's the flood zone that the property and the proposed activities are located within. There's an existing
single family dwelling house landscaping typical uh appertinances uh and there's a deck on the house to take advantage of the view of Bourne's pond. There have been three property owners since the house was
constructed. Um, the new owner um has applied in hopes to get an order of conditions that will allow I'm going to zoom in now her to add onto her deck in the area I'm
circling with my mouse. There's an existing deck here and we're proposing this deck expansion here to get a little bit more room. Um this has been designed to meet your standards under
redevelopment which say um if you're already less than the um required setback from uh the wetland resource, you can expand laterally but not closer to the wetland resource. So, this was designed specifically to not
expand closer to the wetland resources, but it's expanding lateral. If you if you do expand lateral and you're adding imperous surfaces, you have to mitigate. So, um we're fortunate in that there's
crushed stone in this area, which is considered impervious in an Azone. And the the bulk of the um deck expansion is over that. This is a walk out. So when I say over, the deck is like on the first
floor level above the basement level. Um so you can walk under this deck into the basement. And there's crushed stone that's been here since the house was originally developed. So the only expansion
of deck outside of the graveled area is here. Um but because we're going to remove some crush stone, the net result is there's actually a decrease in imperous surface.
So no mitigation planting is required for that deck expansion. um your your staff did look at the file. They looked at some aerial photos and they visited the site and they found some things uh that were concerning um
uh some activities that were performed by a previous owner. Um first of all, there was some uh alteration of the buffer beyond the limit of work that was approved. there was some removal of some understory um plants.
Um so the green areas you see shaded on this plan uh are demonstrating an area that we intend to restore back um to the way it was supposed to be. Um the current owner understands
that she is responsible for the sins of past owners and was uh unaware and uh taken a back but understands that it needs to be done. So um that is part of the proposal to restore those
areas. Uh I have not noted the area of the green. It's um the overall area is uh 1,600 square ft, but it's not fully um it's not fully cleared. There's pockets of clearing.
There's areas within the green that are not cleared, but it's hard to pinpoint exactly by survey. So we took a broad brush um method of just shading the area in
general. Um and we place some restoration notes on the plan. It say that the area shaded green uh represents previously altered buffer to be restored. Um the planting shall be from an approved native plant list and the
applicant shall consult with the conservation staff for appropriate plant varieties. The plants shall be 2 to three gallon size 4 ft on center. The intent of the restoration planting is to restore the previously existing buffer. Um the total estimated area of
restoration is 1,600 square ft. Um at that area it would require 115 plants. Um it's the intention of the restoration planting to fill in the area shaded green but the total area may vary. It'll
actually be less than 1,600, but we don't know exactly how much. But so if it is reduced, the number of plants would also vary and be less. But they will they will um retain the services of
a licensed uh landscape contractor that knows the drill and would meet with staff and and have a game plan for how that would be restored. When you do um
build this deck and remove the gravel, there was one other uh area that uh your staff discovered was not permitted on the house. And that is I'm hoping you can see this platform that was built to uh
accommodate an AC unit. It has a total area of 20 square ft, 21 square ft actually. Um it was not on the original plan. It's in a it's in a B zone and and because of that uh when you take into account removal of the crush stone
but the addition of this portion of the deck the net result is a net increase of 18 square ft applying a factor of two I'm sorry 9 ft applying a factor of two
is 18 square ft of mitigation which is uh we're going to give be 20 square ft, which is three plants. Um, we're proposing them here. Um, uh, this seemed like an appropriate place and and I
think Alyssa agreed with me on that. You may you may you may notice this angle in the deck. That's because there's a tree here and there's existing vegetation uh native plantings here or um and the
limit of work is proposed right along that edge and you have a no structure policy that doesn't have a written separation distance but your unwritten policy is to provide 10 ft. So we've shown 10 ft. We
would have preferred to square this off, but because of that policy, we had to clip it. So, that's what we're showing here. And this was uh reviewed by uh CH Newton Builders in the in the owner. It's a 206 square ft deck.
I think I've probably spoken more than I need to for a deck. Um, but there was some there was some baggage with this that we had to clear up that your staff found and I think we are showing our intention to make things right.
Um, I'm happy to take questions. I know this is the first time you're seeing this, but I feel like the staff satisfied. It would be great if you could close tonight, but we understand if you can't. Um, and I'm here to take questions.
Thanks, Mike. Alyssa, >> thank you. Um, yes, as Mike said, we did go over all of the staff comments today, so I know that they have been addressed. Um, I think the only one we were going to leave out there was that staff was recommending that a single rail fence or the like be installed. Um, landlord of
the restoration plantings. something similar was done in the past and was unfortunately removed. Um, but perhaps if this is a a fence, it'll sort of be a little more natural, something you'll find in a backyard and hopefully we'll stay. Thank you.
>> Thank you. Fallon, do you have anything to add? >> I have nothing to add. Thank you. >> You're welcome. All right, Commissioner questions. Start with you, Jim. >> I have no questions, Mr. Chairman
>> Dave. >> Hey Mike. Um, you mentioned that the restoration might be less than 1,600. What can you explain more of the reasons for that? >> Sure. The area that I had shaded in green is within that area shaded green.
Um, you'll see that there's some areas that are not cleared. There's little pockets. There's some >> It's those pockets. You mentioned that. I'm sorry I missed it. Yeah, >> there's some broader areas, but >> um you really have to get in there and
figure out how to plant and and and um so we didn't fi find pinpoint every little pocket in the survey. >> I got you. I'm sorry I missed that. He did say that earlier. Uh uh and Alyssa, I guess I have one question. Can you explain a little more about the 10-ft
thing with the deck uh with with that caused that corner to be cut off? I'm not really clear on that. >> Yeah. So, typically this commission's policy is to have a 10-ft limit of work um for construction practices. That vegetation over there is a zone A. Um
so, clearing that for the purpose of that limit of work um isn't something you guys typically approve. And then that square footage of vegetation would likely need to be replicated somewhere else on the property. And we were kind of running out of room. I >> I guess I I didn't catch now. I see it.
That is the line of that is a limited work, isn't it? I didn't catch that. Yeah. Okay, that's that's helpful. That's all I've got. Thank you. >> Thank you, Steve. >> Uh, no comments, Mr. Chairman. Thank you, >> Ronnie.
>> Thank you, Michael. Seems like the homeowner and everybody's got everything in line and and staff's uh happy. So, um I'm in favor. Thank you. >> Thank you, Courtney. >> No comments, >> Ron. Yeah, that new mitigation area is
really close to a hedge and I guess it's a tough site to find new an area to plant it. Is it is it too close to the hedge? >> Um but we we were hoping we'd plant something like um bay berry or arrowwood and it would sort of become part of the
hedge and it would kind of blend in. >> Okay. >> All right. Thank you. But but we could work with staff if that that might that's just to show our intention that we're we want to plant it might get shifted around when we get on the site with the staff.
>> Okay. All right, Mike. I'm all set. Thank you. >> Thank you, Mike. I have no questions. Alyssa, is there anything in the chat for this hearing? >> Nothing in the chat for this project and no hands raised.
Do we have >> just a quick question? We have a D number for this. >> Yep. >> Yep. >> Yes. >> Yes. >> Yes. >> Thank you. >> All right. You've heard everything. I'll
entertain a motion. >> Close the tisement. >> I beat you, Courtney. >> Okay, then I'll second it. >> There you go. >> All right. We have a motion on a second to close the hearing. Take it. lower down at 85.
>> Any more questions? Seeing none, hearing none, I'll call the roll. Dave >> Hi, >> Jim >> McGrath I, >> Steve, >> Patton, I, >> Ronnie, >> Bowman, I, >> Courtney, >> Bird, I,
>> Ron, >> Chris, I, >> and Duffy. I motion succeeds to close the hearing and take it upon advisement. Thank you, Mike. Thank you very much. Have a good night. Thank you. >> All right. Next, we have a continued
hearing under an enforcement order. David and Marcy Barnes, 38 Squib Knocket Drive, found with Mass, unpermitted construction of retaining walls, steps, and a patio, replacement of decking, and alteration of a coastal bank. Melissa,
>> yes. So, we were aware that Mr. Barnes was going to join us tonight. Fallon, I'm not sure if you received any last minute emails. It doesn't look like I did. Um, so up to the commission if perhaps you would want to table it until after the next hearing. We do have a
kind of oddly short hearing tonight. I wonder if he's just not here yet. Um, up to you guys. There wasn't going to be too much to discuss. I'll make a motion to table this um hearing until um the uh owner's
representative arrives. >> Fiscal second. >> All right, we got a motion to second. Any questions? >> All right, call roll. Dave, >> I >> Jim >> Ry, >> Steve, >> I >> Ronnie
>> Bald and I >> Courtney >> Bird >> and Roni >> and Duffy. Motion to table is on. Um, next John G. But Mary Ellen Butt 41
Mary Emanuel Way Falmouth Mass unpermitted construction of a deck and fence removal of trees and clearing vegetation within conservation jurisdiction. >> Yes, thank you. I am promoting Mr. But who is the property owner and I'm going
to turn over the explanation to Fallon. >> Okay, Fallon. >> All right. So, as I stated in the staff report, there is some history with this property. Um, we previously, the
commission previously approved uh the house to be built and then kind of moving forward uh in the middle of the build, Mr. But purchased the property. And then in November 2024, I met with
Mr. button is contractor because they put in a building permit for a deck. Um, this building permit was for a deck within the no structure zone 10 ft from a zone A. So, I explained to Mr. But
that we would likely not be able to permit this. And then January 2025, Jen and I, we were at an abuing property right across the way on Mary Emanuel. And then when we were on site, we saw
some cut trees down on the bank um and some debris thrown in the salt marsh. And while we were on site, Mr. Butt came out to meet us and we took a look at the framed deck on site. And then staff met
with Mr. and Mrs. Butt as well as Tom Bunker from VSSs Design April 2025. After this meeting, staff asked for an updated site plan illustrating the current site conditions and the additional violations
on site. Uh no progress was made after the meeting in April and then uh an enforcement letter was sent via certified mail August 8th, 2025. And then throughout our evaluation, staff was made aware of other violations on
site in addition to the deck, including tree and vegetation removal, going past the limit of work, clearing within a zone A buffer, and installing a fence, and Mr. But did inform me that since all
of this happened, the deck has been removed. And then we can have Mr. But address you all. Uh good evening, commission. Um so first of all, I just want to thank
you for uh for for extending um the schedule for me to attend. I've been dealing with uh I think Fallon and some folks know I've been dealing with some serious health issues uh over the last five or six months. Um and that's one of the reasons or main reason why I haven't
been able to attend uh the violation hearing earlier. Uh with regard to u the deck, um had I had I known in the beginning um about this uh no structure
zone uh within zone A, had I known that and had it been noted on the plot plan, I never would have set out in the first place to put a deck on because I certainly wouldn't have had the space, the room to put a deck on. I only
learned about this um once I found out that the permit had not been approved. The uh the contractor, you know, made a mistake and actually, ironically, started the actual project without the permit. He thought he had an approved
permit, but that the approved permit that he thought he had was for another project. And when he found out that the permit uh had not been approved, we met with uh we met with Fallon and Alyssa and I think Jennifer at the time and found out the reason why it wasn't
approved is due to this no structure zone within zone A, this 10-ft buffer, which was which was really news to myself. It was certainly news to the actual contractor. As I indicated, it was not noted on a plot plan anywhere.
um and uh found out that it was uh or learned that it was an unwritten rule. And uh and so be that as it may, I I decided to go ahead and actually
tape down the portion of the deck, the framing of the deck that never should have started in the first place. I ended up bearing the cost of having the deck uh taken down and um and so right now
the deck is no longer there. As far as the the fence that I that I installed, um I have a dog. Um I wanted to put a fence around the back of the yard and the side of the yard to protect my dog. Obviously, there's a lot of coyotes down
here on um on Mary Manuel Way. Um the other reason we wanted to put the fence up was there's a public uh easement right away uh between um you know Mary Emanuel Way and um the
other uh uh circular road on the other side and it's it's kind of like a constant highway of people walking back and forth um between uh both of those culde-sacs with their dogs to do their duties. And so we we put we put the
fence up and at the time uh I put the fence up uh what I thought was on my property line. I wasn't even aware of this uh zone a buffer issue when I had Clover um come down to grade and
landscape the uh you know the yard uh as we were finishing the project. I had mentioned to um you know, Clover that I wanted to put a fence up and if I you know could I should I just follow the area that they graded which was close to
where the bay bay hills were as well as the stakes. And he said if that's your property line you should be all set. And so I I proceeded to get quotes to put the fence up. And this is when I learned about this no structure zone in zone A.
And so, you know, I would say I I I technically I guess I am outside of that. Um, certainly not by a lot. So, what I what I would like to do is and certainly welcome the commission to come down and take a look at the property,
take a look at where the fence is, and if uh if there's a way that we can work something out where I could ask for an approval um to keep this fence where it's at, um I would greatly appreciate it. I like I said, I don't think I'm
that far outside of the limit of work. Um the the area um with regard to some of the trees there there I own all the property down to the edge of Warren Pond. Uh that's part of my my plot plan.
I own that whole uh that land. There were some there were some dead trees. There were some trees that were hanging um bent over. I did go down and remove some of these trees. These trees were probably three, four, five inches
thickness. They weren't large trees. Um they were um laying on the ground on the ground. My intention was to was to clean up all those trees. Jennifer came down saw the trees and then noted that that was a violation. Um, I understand now
more even though I own the property. Um, you know, the regulations and, uh, certainly respect the commission, conservation commission. And so what I did is I had I had that whole area cleaned up. You know, I paid a fair
amount of money to have all of those trees moved. I didn't I didn't dump any trees down by the wetlands. As a matter of fact, I pulled some dead trees out. trees that that were laying down there that I did clean up kind of that area. If you come down, you you can see for
yourself. Um but I do I do understand certainly take responsibility that um had I known more about the process um and you know request an approval, I certainly would have followed that. Um,
as we were finishing the house, there were about four or five or six trees that I wanted to take down. And I was informed um by the builder to reach out to conservation to get approval. I reached out. I spoke with Alyssa. She came down. We walked the property. She
gave me her approval followed by an email confirming it to be able to remove some of these trees. Um so I do certainly respect um the process and it was never really my intention to do anything you know maliciously or or or
to neglect um you know any of the you know the policies and regulations. Um so so I guess that you know really is kind of I guess kind of high level summary of of where we stand right now.
Thank you, Mr. Butt. I see your hand up, Courtney. One second. I'll go back to uh Lissa and Fallon after for um respond to Mr. But first. >> Okay.
>> Yeah. Thank you. Um thank you, Bill. Um thank you, Mr. But for summarizing for us. Um I think everything has been covered. Um, so if you are um willing to have the commission uh visit the site, I think that would be beneficial.
>> Sure. >> In order to um determine things going forward, um it would probably be best to figure out exactly where that fence lies on the property um through an updated site plan so we know where that is and assuming the commission will require
some restoration in the salt marsh, uh we might need to get some data on that area, too. Um, so just an FYI there. We might need a plan change going forward. >> Is that something is I'm sorry. Is that something that I can do? Is that Can I
draft up that site plan or is that something? >> Um, it would be best to be done by the engineer. Um, the way that I'm thinking of it is it would probably be really minor. Um, just showing that um, fence
where that is on the property. Um, you know, I'm sure the the house is located right where it was proposed. So, I'm sure just a couple shots off of that would be quick and easy. Um, we can certainly um chat further about that and see what the best method is and um see
if the commission agrees going forward. >> Okay. Okay. >> Thank you. Um, so that's all I have. Um, Fallon, did you have anything to add? >> No, I think that about sums it up for now. >> Thank you. All right, we'll go with
commissioners and Courtney, I saw your hand up, so we'll go with you first. >> Yes. To the chair. Mr. But uh the contractor you hired to build the deck, was he the same contractor that built the house? >> No, he he wasn't, Courtney.
>> And was he um to your knowledge a licensed contractor? >> Yes, as a matter of fact, he's a a firefighter. Um he's also a firefighter in town. >> But I mean he does he when I say his license, >> he have a contractor's license. >> Yes, he does.
>> And so he should have known that at the very least he would have had to apply for a permit through the building department for that deck. Am I correct? >> Yeah, you No, you are you are correct, Courtney. And you know what's what's interesting is you know one day I I he I
had he had his approval out there uh starting to frame the deck and um I assumed that he had an approved building permit and he was about a week later when he realized he he he didn't have it is when he when he called on the commission to find out what the status
was and found out that it wasn't it had had not been approved due to the uh no structures zone and so So because had had this gentleman applied for a permit as he should have done with the building department, they would have informed him that he would
have to get a sign off on period conservation, >> right? >> Yeah. You should inspect you. Just a recommendation in the future you ought to verify your contractors. Do do a little do homework. >> Yeah, I agree. Wouldn't be in this
problem right No, it's it's it's I I it's it's cost me some money and it's been a somewhat of a painful learning lesson in this case. >> I'm sure it has. I don't have any other questions. >> Thanks, Courtney. Dave,
>> I just step out for a second. I have some barking dogs. Can you can you kind of review what our what our next step our plan going forward is? We're we're going to get a new plan and then go visit it. What is what is the overall >> Yeah. So, I believe the next step would be for the commission to visit the property, Fallon will send over the
prior permitting materials so you can see um uh the approved site plan for the property and um hopefully when on site you can kind of estimate where that zone A limit of work and no structure zone lies. Um I do think going forward it
will be necessary to have some updates to the site plan. Um but the commission can discuss that at this time or or at the next hearing. >> So the plan we'll use is is is before the updates like the fence and the salt mars the things you mentioned. We'll >> correct we'll go look at the old plan
first. Okay. >> All right. So um Okay. So and then we'll get back and talk more turkey after that. >> Thanks. >> That's all I have. >> Jim. >> Yeah. I would like to see an existing
conditions plan just so we can get a better understanding of what what happened and why it happened. >> Thank you, Steve. >> I would like to take a look at the site. I really can't help right now.
>> You Ronnie? >> Yeah, seems to be a few violations, but we definitely need a site plan. and Courtney as as a builder as I am uh touched on some stuff that should have been addressed earlier and we wouldn't be in this situation. But uh yeah, we're going to need a plan and we're going to
need to get on on site. >> Thank you. >> Thank you, Ron. >> Agree with agree with Ronnie that it's need to plan and need to get on site and take a look at. >> Okay, Dave, I see your hand up again. >> Yeah, I I have one more question. Sorry. Um >> Mr. Bot, uh do you have an engineer now?
Are you working with an engineer? Yeah, it would be uh it would be uh BSS engineering, David. >> Okay. >> That that that's who we use to uh to design the house or engineer the house and he'd be the one that I would I'd go to to work on a site plan.
>> Yeah. So, it be feel that's why I'm asking. It sounds like it would be fairly easy then to to have them make some changes, right? Yeah. Okay. Yeah, >> that's all. Thank you. >> All right. Um, the only question I have just looking at the site plan, I see that the deck the the decking has been
removed, but the the structure is still there. Is that all going to be removed? >> Yeah, it's it's been taken down, Bill. I I completely removed it. Everything's back to the way it was. >> All right. >> I had I had it all regraded, re reloomed, and seated.
>> All right. Thank you. So, um, proceduralize, Alyssa, are we continuing this till we get a new site plan? Are we closing and getting a notice of intent or how how we work in this one? >> Yeah. So, since there is an open order
on this property that is still valid, um I would recommend sticking with the enforcement order format for the moment. >> Um so, it seems like Mr. But is content with the commission visiting the property. Um most of these folks here,
you know, have their their 9 to5, so it'll probably be a bit sporadic when they're coming out to visit. That's okay. >> Um perhaps we can I'm not sure your your schedule, Mr. But maybe the next available hearing in two weeks on
February 4th. That would be enough time for the commission to hop on over and take a look. >> That'd be cool. >> Okay. >> And then perhaps we could have some feedback from the commission. I mean, ultimately to close out the open order, we will need an updated site plan. um this might just be the the head start to
kind of work on it, but the commission can um formally request that or other information at the next hearing. >> Okay. >> Thank you. >> Right. So, I'll um entertain a motion to continue till the
4th. >> Make a motion to continue the hearing till February 4th. >> All right. I got a motion and a second. Any other questions? Anything in the chat, Alyssa? >> Nothing in the chat for this project and
no hands raised. >> All righty. I will call the roll. Dave >> Hi, >> Jim. >> McGrath, I >> Steve I. >> Ronnie, >> Bman, I >> Courtney >> Bird I >> Ron >> Gris I
>> and Duffy I motion has been passed to continue this. >> One more question if I missed the butt. Yes. I don't know. >> Mr. B, are you there? Are you living there? >> Yes, I I live full time. >> Okay. Thank you. So, we'll knock on the door and tell you that we're coming and you can show us around.
>> Yeah, I'll be here. I'll be waiting for you. >> Okay. You're welcome. >> Thank you, Mr. B. >> Thank you, >> Alyssa. Has um Mr. Barnes joined the meeting yet? >> Yes, I do see him in attendees. So we can untable that hearing.
>> Motion on 3038 Squid Knocket Drive. >> Second. >> All right, we'll call the roll. Dave >> Kai. >> Jim >> McGrath I >> Steve >> I >> Ronnie >> I >> Courtney >> I
>> Ron >> Eis. >> Duffy I move to unt. All right. Next on the agendas, David and Marcy Barnes, 38 Squid Drive, Falmouth, Mass. unpermitted construction of retaining walls, steps in, and a patio, replacement of decking, and
alteration of a coastal bank. Alyssa, >> yes, thank you. Um, so just a note on the quorum. Let's see. Courtney, you're not on this quorum. Okay. >> Okay. >> All right.
Um, so yep, here's Mr. Barnes. Thank you for joining us, sir. Um, we have a continued hearing before you all as we were awaiting a, um, existing conditions plan of the property which was submitted to us today. We did forward that to everyone. Um, since it did come in today
and we had various meetings and other things going on, we did not get time to adequately review the proposed um, excuse me, the existing conditions plan of the property. We also got an overlaid plan with a 2015 plan of the property um to kind of see what changes had occurred
based on the previous site conditions. Um we would be requesting that the commission extend a continuance for this project so that the staff can fully evaluate the plans that were submitted to us. Um perhaps reach out to I believe
it's Barland. Barland, is that the name? Mr. Barnes? um of the company if there are any revisions or or things that we might see. I know my first glance at the plans, you know, they don't show the resource areas or the buffers on there. Um we're going to need some measurements
to fully evaluate if um certain aspects of the retained features are moving closer and that kind of thing. Um but the staff just doesn't have solid recommendations for this commission yet until we have some time to review the plans. Um, so that's all I have at the moment.
Um, oh no, Mr. Barnes, we can't hear you. I see you there. Um, let's see. Try that. Oh, okay. No, not yet. There is a phone in option. Yep, there is a phone in. Let me see
where the number is. options next to the mute button, the little arrow. >> Oh, the switch to phone audio. There it is. >> Yep. And then those are the numbers, sir, that you can call.
Can Can you hear me now? >> Now we can. >> Can you hear me? >> There we go. >> Okay. >> Thank you. >> All right. Yeah. Sorry about that. I don't know what's going on with my computer. Um so yeah, um I didn't know
exactly um what to have um Farland do. Um, I told them to do existing um, site conditions. I paid six grand. It's stamped. Um, you're you're saying it's missing some features though. Um, Alyssa. >> Yeah. So, just um, like I said, we we
didn't get to do a deep dive into it today. Um, it looks like all of the features on your property are likely shown. Um, you know, it does show the trees and the landscaped areas and whatnot. Um, but one of the things we like to review is our buffer zones. Um, so for each of our protected resource
areas, there's a 100 foot buffer divided in different sections. So those lines are typically showed on plans to help us orient oursel on what part of the buffer certain aspects of properties are in. Um, so that will be important partly in terms of determining if any features of the property are, you know, moving
closer, um, or things of that nature. So we will need those things to be added to the plan. Um, that's kind of all I can say at the moment. Uh, I didn't. >> Yeah. Well, my entire house, my entire house is within that. >> The whole house, the whole everything.
>> No, no, no. It's definite. >> So, um, you know, my backyard goes 50 feet back um, horizontally to the water and about 50 feet down. So, the slope of it is a 45 degree slope. um the
retaining walls, the the overlay when you do get a chance to look at them, I believe some some conversation is worthy here, um you'll see that um the retaining walls that were replaced are in roughly the same spot. So there's the south side uh so the stairs in the
middle of the two retaining walls um to the right of the page is the south side, to the left is the north side. the right of the page of the south side, that wall has encroached 10 inches roughly, maybe a foot closer to the water. On the left
side, it's gone five feet. Um, and I'd like to share a picture with you just so you can uh distill this in your mind. >> Sure. >> Um, yeah. Do you guys see this here? >> Not yet. >> It's coming. >> There you go. >> Yep.
>> Okay. So, if we go back to when I first talked to you, um this was um the existing condition when I bought the house. And you can see that the erosion there and the tree roots and that middle tree fell into the water, which prompted
us to get the contractor that was working down the road in here and do a fix. Um they put a wall up that's 4t high right here um to retain all that soil back. And then you can see in the
background the retaining walls. Um, you know, the one on the left you can see the bushes above it and the one on the right you can see is a little higher. Um, with no bushes on it. And um, let me show you one more picture just so you guys can get this in your mind what
you're looking at here. Um, shoot. Did I close that thing out? Um, okay. Sure. Sure. Okay. Do you see this picture here now? >> Yeah.
>> Okay. So, you can see and maybe you see my cursor. This is the south side and this is the north side. What we did is we replace this southside wall in its place, but we just kept going across.
Okay. So, um by the rules, I'm sure that this additional space that I took up is wrong. Um, but you'll see the overlay on the two. So, Harry Turner when he owned the house back whenever, um, had a plot plan that is on file with y'all and that
is what's been overlaid and that came from Falmouth Engineering. So, they have that on their file if you want to, you know, verify or check with them on that. And then Farland did obviously the stamp drawing that that you have now. Um,
yeah. And so what I'm very hopeful for is that, you know, I've already talked to a contractor about saying, "Okay, if I got to move this wall back on the left side a foot and the other one back five feet, that's going to cost about $80,000."
Um, you know, if I have to do it, I have to do it. Um, I just hope that we're just taking some type of consideration into what what are we all gaining out of this? Um,
because I know I'm losing a lot of my family savings over it. Um, I did not know about the permitting process. I was told that by this contractor, we never even talked about permits. Um, so Russ
has told me many times, hey Dave, ignorance of the law is not, you know, it's it doesn't buy you anything. So I get it. But I just throw myself to you all at your, you know, um, and just say, you know, I'd like to
come to some middle ground with you all um, to for this. my understanding and Russ I guess has left the commission but he came out and we talked um and you know um these rules these setback rules
my entire house is in there. So my understanding of the charter of this commission is to take these unusual circumstances and draw some middle ground on saying yeah you can't comply with the law because the whole development your whole street is within
this area. Um, so yeah. Okay, I've said enough. Okay. >> All right. So, um, do you have do you want me to come back in February or something or you just email me?
>> Yeah. So, I think, um, you know, if the commission has any questions or comments at this time, we can turn to them. Uh, like I said, we did send them over the plan, but only just today, so I'm not sure if they were able to look at it to have questions or comments for you. Um, but based on your schedule, sir, to be
able to rejoin us in the commission, um, looking for some time in February would be the next step. Um, but I'll turn it over to Bill if there is anything from the commission. >> Nice. Before I go to Commissioners Fallon, you have anything to add first?
>> Um, yeah, just kind of echoing what Alyssa said. We briefly looked at the plans today, but there's a lot um a lot to look at that we want to take into consideration and possibly even go back to the site. And Jen has been out sick.
So, we are hoping Jen once she gets back in, she can also take the time to review with us and go back out onto the site with the plan so we can see both at the same time. And I believe in Jen's email earlier today, she suggested for
continuing states either February 4th or February 18th, Mr. Barnes. So, um, after we hear from the from the commission, up up to you on that one. >> Thanks, F. All right,
>> Mr. Ms. Oh, I was just going to say um I think I think I'm open the first week of February I'm away. Um but I think I'm open the others. I'll just say I think Ron came out to the house and Russ has already been out to the house and Failen
has been out and Jen's been out. Um if if you all would wouldn't mind just contact me please before you come. You can come anytime. I have no problem with that. Um I just don't want my wife or my daughters to get spooked backyard or something. just let me know.
>> Thank you. >> Thank you. >> So, questions. I'll start with you, Jim. >> I have no questions, Mr. Chairman. >> Okay, Steve. >> Yeah, I'm sorry. I didn't get out, so I I would like to see it. And um what what
time of day is better for you? >> Um >> yeah, daylight is good. Um I I I work up around Boston so um I do like right now I'm in Bill Rka. Um so I'm not always there. Um and that that's why I'm kind
of asking if if you So I'm going to be back uh next week. I'll be there um Stephen and um I'll be there Monday, Thursday, and Friday next week. Yeah, I'd like to do it before Monday, but um
I'll give you a call. >> Okay. >> Thank you. >> Before Monday, >> we could do it this weekend, sir, if you want. >> Right. I have some conflicts, but I'll try. >> Snow is coming.
>> Not until Monday. >> But thank you, sir. >> Okay. >> All right, Ronnie. >> I got no questions. I just want to see the new site, the plan with the existing conditions and we go from there. >> Yeah, Ron. >> Yeah, it's nice to see that there that
there was a a retaining wall there in the first place. During all this time, I thought the retaining wall was brand new. So, um that open my eyes a little bit. >> I understand. Yeah, now I understand a little better. It's good. Thank you. So, >> Dave,
>> Mr. I forget. Are there two walls back there now? Uh, let me pull the picture up and the picture just does a thousand words if you don't mind. >> Because you did talk about extending one. Uh, so I'm just kind of
>> Okay. I'll be I'll be real clear here. Um, do you see the picture? >> Yeah. >> Do you do you see my mouse moving back and forth on the left side? >> And you're showing the left the left side. Yeah, we see it. Yeah. >> Yes, sir. Yes, sir. So, the new retaining wall is pretty much exactly
where this is here. this wall that was also existing. You can see it. We instead of putting it back in that spot, the contractor is telling me, Dave, it's a lot easier if I dig straight across here and just do it all straight. And so
that's what we did. Um, we replaced this wall, came right across, dug straight across and to here. And so now the wall that was existing here is 5T forward. And you're going to see that on the overlay. So it came it came forward toward toward the water.
>> Yes, sir. It's in line with this one. So now the wall is continuously straight across. >> Yes, sir. So So there's This is a wall, >> Dave. This is a wall. >> Yeah. >> This is a wall. They were existing. Now
it is straight across. >> Mhm. >> Got that? >> Okay. Okay. The other wall and the other wall. What h what happened to the upper wall? >> This here. >> Yep. It stayed.
>> Yeah, it is. I thought I I thought it moved. >> Yes, sir. Yes, sir. Yes, sir. Yes, sir. So, watch my mouse. >> Okay, my mouse is going to draw a line where the new wall is. Okay, >> I understand that. What happened? They
essentially um removed that upper wall >> and rebuilt it >> uh parallel to the other wall so it was a straight contiguous structure. So that um taller railroad tie wall on the right
side of the screen moved closer to the water so that it could be in line with the railroad ties on the other side. Does that make sense? >> So So how many walls? So, look. >> So, is there one wall? >> Um, he has one wall bisected by the
stairs. >> All right. >> Yeah. Um, >> I'll look at the plan. I'll Let's not Let's not be labor. Uh, I'll I'll look at the plan. >> Well, I'm not beloring anything, Dave. Um, >> I'm not understanding. I'm sorry. It's probably me being thick. >> Again, you you haven't really looked at
the plan, Dave. So, it's >> That's why I'm saying I suggest I'll look at the plan. Don't worry about it. Well, I'll look at the plan. I'll figure it out later. Don't worry about it. to be just well I am worried about it um because this is a tremendous impact to me and my family. Okay. So I I all due
respect sir I am worried about it just so you understand and I have pictures to corroborate these railroad tie walls were falling down rotten. They were put in in 1990 they had to be replaced. Okay so I want you to understand the
storyline. I did not do aggressively take any action intentionally. >> I I only want to know what's there now. That's what I want to know. I I don't care. I I want to know what is there now. It's all I want to know. >> Okay. Do you Okay.
>> So, I I'll figure out the property. >> Yeah. >> I'll visit for a plan and a visit. I'll figure it out. >> All right. Thank you, Dave. Um Courtney, you're not on the quorum, but um I will allow you to ask a question. Yeah, if I can. I don't want to take the
commission's time. >> Um, but I would remind the commission to be very mindful in making a decision about what course of action to take here.
uh that um the precedent that's set by um um allowing this to go forward without remedial action um w will be I
based on my 22 years on this commission will be problematic and I think you guys have to live long and hard think long and hard about how what course of action action you take on this. And I appreciate the owner has
spent thousands of dollars to build this wall or do this work. And um however, it was done without a permit or approval by this board. And
so if you allow it, much as um it may cause financial distress to the owner, you have to think about what the ramifications of allowing that to be. And my experience on this commission
more than once is when this commission has taken a very sympathetic approach to the financial hardship that a decision that we might take uh will have on him. I've had the we've had the repeated experience of this coming back and
biting us in the you know what. And so I I just advise the commission to think very hard on what course of reaction you have. And that's in all due respect to you, Mr. Barnes. I'm not it. You know, I understand the dilemma that you find
yourself in, but we have to uphold the wetland regulations and we have to be fully aware of the ramifications of any decision we make because if you can certainly understand that the next guy
who comes in here with a similar problem is going to say, "Well, you allowed Miss Mr. barns to keep his wall. >> So why can't you allow me? >> Well, did that other person have an existing wall in the same place?
>> Believe me, sir. That becomes a major problem for us. >> So, >> okay. Okay. >> That's that's what I'm that's my two cents worth. I'm not on the quorum, which is maybe good for you. Um, but that's the case. Anyway,
>> well, appreciate it. Well, so la lastly, last thing I'll say is um I look, I I'm not looking to put you folks in a bad place. You guys donate your time for this. I I'm looking to have a middle ground and do do what I can. Um it's
just that I just hope you understand that the walls existed. They needed to be replaced and that's what I did. and and you know um punitive measures. I just hope that the conservation commission considers
environmental conservation first and not just punishing people. Um that's all. Okay. Thank you. >> Thank you, Mr. Barnes. Um so I will re um resolve my comments until after I've actually taken a look at the plans and
such. So, um, Alyssa, looks like we're looking to continue this until the >> 18th. >> What? The 18th. >> Yep. >> The 18th. Um, yep. We have some availability then,
>> Mr. Barnes. Does that work for you? >> All right. Make a motion to continue the enforcement order until uh February 18th. Driscoll >> Balman. Second. >> All right. Any other questions? Seeing none, I will call the role. Dave
>> Hans I. >> Jim >> McGrath I >> Steve >> I >> Ronnie >> Bman I >> Ron >> Chrisll I >> and Duffy I. Motion has been made to uh and proceed to uh continue this
enforcement order until February 18th. >> Thank you. >> Thank you Mr. Barnes. >> Thank you. >> Thank you. Appreciate it. All right, moving on to vote in order of conditions. We've got Michael and Pamela Barak,
trustees, Bakarak Family Living Trust, 197 Shore Drive, Felmouth, Mass. Alyssa. >> Yes, thank you. Um, so this is a raise and reconstruction of a house in a very similar footprint. Um
there were some concerns with staff on site with the uh narrow limit of work on the north side of the property. So we had suggested putting in um requiring some orange construction fencing to go up to prevent any potential trespassing.
Um there was note of some tree removal on the property. Um so we would like to see some replacement. In addition, there has been continued cutting on the bank and restoration of that would be necessary. I believe the
homeowner is going to be working with BSS design to come up with a proposal and we can see if it is something that we can do under an AOC for the property. Um, I think that is it. We did get a revised
plan that Tom Bunker was discussing during the hearing with some of our other um calculation changes. So I believe all those are taken into account. >> Okay. Any questions for Alyssa? >> All right. Move to issue an order of
conditions as extensively discussed. Driscoll >> bird second. >> All right. Any other questions? Can roll call. >> Ronnie, you're not on these hearings because you weren't here last week. >> Good night all. Good night. >> Ron and I.
>> All right. Jim >> McGrath I >> Steve >> and I >> Courtney >> I >> Ron >> I >> and Duffy I move to um extended order conditions as extensively discussed.
Next we have Stephen and Janice Rayo 173 Mtoxic Road Falmouth Mass. Alyssa. >> Yes, this is also a raise and reconstruct. Um let me see. There is a good portion of
the property outside of jurisdiction. So most of the house, some of the septic and some of the driveway are in jurisdiction. Um, we did discuss during the hearing there were a couple unpermitted features on site. So, that impervious surface calculation will need
to be readjusted. Um, while the planting is taking place, they're going to take a look at that eroding coastal bank and see if they can supplement it at all. Maybe some longrooted grasses could help uh bolster it a little.
Um, couple small tweaks to the plan, adding some a path on it, extending the limit of work, and as typical per properties like this,
we'd recommend adding the special condition regarding um prohibition any future coastal engineering structure. And I think that's it. Any questions for Alyssa?
>> Hearing none. >> I move to make issue an order of conditions as discussed. >> Second. >> All right. Any questions? Seeing none. Dave >> Kent. I >> Jim. >> Breath. I
>> Steve I. >> Courtourtney. I >> Ron Driscoll. >> I Duffy. I a motion passes to issue an order of conditions as discussed and Fmouth Port condominium owners Rudy
Hunter Falmouth Port Drive across from units 278 to 292 Falmouth mass. >> All right. So yes, thank you. Thank you. This was a proposed um road redevelopment project for a particular section of Falmouth Port. Um in addition
to installing various drainage features, the road will also be elevated and repaved. Um due to the emergency outlet pipe that is displacing some zone A vegetation, so that will be restored elsewhere in that area. Um, also the last plan revision
showed a uh flat grass path on the uh seawward side of the road. Um, the reason this was proposed is they had formally wanted a sidewalk. Jen and I had met with um Rudy. is the applicant
on site kind of discussed that that would be hardcape moving closer in the zone A and in general there's no not enough room to mitigate for that type of increase in impervious surface. Um so they're going to try this out. Um if it doesn't work
out we told them that we would meet later on site you know summer fall and try to discuss um a potential remedy. But for right now, I think the grass path will um allow the folks to have a little more usable space by the walkway
um to not have to worry about the passing traffic. >> Thank you. Any questions for us on this? >> No order of conditions as extensively discussed. Driscoll >> third. >> All right, I'll call the role. Dave,
>> I >> Jim >> Raphi, >> Steve >> abstain. >> Right. Courtney >> bird eye. >> Ron >> Biscali >> and Duffy I. Order of conditions discussed has been approved.
All right, that seems like it's the end. I will uh take the final motion. >> Can I do >> I will make a motion to adjourn. >> One second. One sec. What? >> One second. Now, Courtney, you just went on with the about the wall and our our our honor and our responsibility as
commissions to think about it. And just as a reminder, we have five retaining walls. We had one last week, one big one next week that um some of the newer commissioners are going to have to come up to speed on and the three on Squib knocket. So, we really have to adhere to
what we say because if someone's going to point right at if we if we too lenient or too strict, someone's going to right at us immediately. >> Okay, that's all. Just wanted to say my piece. Thank you. >> Thank you, Ron. >> So, we have a second on the motion.
>> Second on the motion. McGrath I >> Driscoll I >> Ferd I >> then Duffy I motion passed to end. Thank you guys all much appreciated.