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Heat. Heat. Good evening. Welcome to the April 15, 2026 meeting of the Falmouth Conservation Commission. This meeting is be held virtually via Zoom video conference and is also being broadcast by FCTV on cable channel 9. As this

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meeting is being recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. We are missing just one commissioner now, but we have a quorum and we're moving forward.

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I would like to remind the commissioners that for commenting I will call on each of you in turn. So please refrain from speaking over each other. Also all votes are done by roll call. So when I call your name please state your name and your vote for the record even if you've made the motion or second. To our public

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attendees at any time during the meeting you may enter any comments or questions via the chat function. At the appropriate time they'll be read into the record. If as an attendee you like to participate in a particular hearing, let us know via the chat function, then at the appropriate time you'll be

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promoted into the hearing as a participant. When you are selected, you must have your video enabled, be succinct, respectful of others. Public comments will be limited to 3 minutes each. Regarding RDAs,

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under a 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 the proposed project. A negative determination is that the provisions of the act and/or

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bylaw do not apply. Therefore, the project may proceed as proposed. A positive determination means the provisions of the act and or bylaw do in fact apply and or may require some conditions. Therefore, the project would require a notice of intent application.

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So, as an applicant, you want to hear a negative determination. For the benefit of anybody waiting for a particular hearing tonight, 110 Scranton Avenue, Felmouth, Mass will be continued. All right. First on the agenda, vote

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meeting minutes for March 25th, 2026. >> Mr. Chairman, I'd move approval of the minutes March 25th. Patton >> Disco second. >> I got a motion and a second. Any questions? Hearing none. I'll call the

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role. Jim, you're muted. McGrath >> I >> Dan >> Walsh, >> Steve >> Pman I >> Ronnie >> I >> Ron >> Escal I

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>> and Duffy I meeting minutes for March 25th have been accepted. Next vote on meeting minutes for April 1st, 2026. >> I'll make a motion to accept the minutes of uh April uh April 1st, 2026. Driscoll

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>> Bowman second. >> Got a motion to second. Any questions? >> Hearing none. Seeing none. Jim >> McGrath I >> Dan >> Bshai >> Steve >> abstain abstain >> Ronnie

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>> B I >> Ron >> Briscoli >> and Duffy eye motion passes. Next we have a request for a continuence under a notice of intent. Brian Mclofflin found with Pier 37 Inc. 110 Scranton Avenue found with mass for

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permission to replace and relocate a bulkhead, remove a portion of filled tide lands and expand the existing dock system. Jen, >> yes, Mr. Chairman, the applicant's requesting a continuence until April 22nd.

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>> Make a motion to continue continue the express hearing a notice of intent until um April 22nd. Driscollman second. Hearing a motion, a second for continuence. Any questions? Seeing none, call the roll. Jim

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>> McGrath I, >> Dan, >> Paul Shy, >> Steve, >> and I, >> Ronnie, >> I, >> Ron, >> Fiscal, I >> Duffy, I. Motion for continuence has been requested.

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Next, request for determination of applicability. First up is Brian Quinn, 55 Sea Shell Lane, Fmouth, Mass for permission to expand an existing patio. Alyssa >> staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed and this

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project solely takes place in an AE flood zone. >> Make a motion to accept the the accept make a motion to accept the termination. Driscoll >> and second motion a second. Any questions? Seeing none, I will call the role. Jim

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>> McGrath I, >> Dan, >> Steve, >> I, >> Ronnie, >> I, >> Ron, >> and Duffy. I request for determination has passed. Next, Frank Steppian one

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seagull lane found with mass for permission to expand an existing deck and install mitigation plantings. Kelissa, >> staff recommends a negative three under the state and negative two under the bylaw. Resource area boundaries are not confirmed. >> So moved. Driscoll >> Bman second.

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>> A motion and a second. Any questions? Seeing none, I will call the role. Jim >> Graph I >> Dan >> Stan uh Steve >> P. I >> Ronnie I >> Ron >> Driscoll.

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>> Dave and I >> and Duffy. I motion passes. I'm on a Zoom with >> Next, we got Carl Kavosa, 34 Marav Vista Avenue extension found with Mass for permission to fill in an existing pool,

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remove a concrete pad, and remove a propane tank. Melissa >> staff recommends a negative three under the state and -2 under the bylaw. Resource area boundaries are not confirmed. >> So move Driscoll roll second. >> Motion in a second. Any questions?

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Hearing none, we'll call the role. Jim >> McGrath I >> Dan >> Walsh I. >> Steve >> and I. >> Ronnie >> I. >> Ron >> I >> Dave >> and I >> and Duffy I. Motion passes.

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Next. Robert Thompson 33 Penzance Road found with Mass for permission to remove 1014 dead and declining trees. Alyssa. Uh, this project is going to be readvertised, so you don't need to take a vote tonight. >> Perfect.

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Next, Conor Mclofflin 88 and 110 Grant now found with Mass for permission to remove concrete, install astroturf, and install plantings. Alyssa >> staff recommends a negative three under the state and a negative two under the bylaw. Resource area boundaries are not confirmed.

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>> So move Driscoll and second. >> Got a motion, a second. Any questions? Seeing none, call the roll. Jim >> breath I >> Dan. >> Steve I. >> Ronnie >> Baldman. I >> Ron

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>> I just >> Dave >> I >> and Duffy I motion passes. Next we have a continued request for determination of a capability. Heather McCarthy, Ford Joyce Street, Bmouth, Mass for permission to raise and rebuild

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a single family dwelling with a patio, covered porch, and garage. Install five drive wells, reconfigure a driveway, and install a new title 5 sewage disposal system. Alyssa, >> staff recommends a negative 200 state and bylaw. Resource area boundaries are

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not confirmed, and this project solely takes place in an AE flood zone. >> So move Bowman second. >> A motion, a second. Any questions? Seeing none, I will call the roll. Jim >> I. >> Dan >> Walshy.

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>> Steve >> I. >> Ronnie >> Baldman I. >> Ron >> Briscoll I. >> Dave >> Can I >> and Duffy? I motion passes for notices of intent. All hearings of the Falmouth Conservation Commission are

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held simultaneously under the 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 decision under each authority. As a reminder, public commenting is limited to three minutes. So, I

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encourage you to stay within the purview of this board, which are the rules and regulations of the Wetland Protection Act and the found with wetland bylaws and how they pertain to a particular application. The chair reserves the right to stop any commenting that is disparaging or inconsequential to the

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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 every each and every letter we receive at a hearing. Remember our jurisdiction is that of the Massachusetts Wetland

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Protection Act and the Falmouth Wetland bylaws, not zoning, health, or building. First up for a request of a notice intent, the town of Fmouth Beach Department, Falmouth Beach's Falmouth, Mass for Commission to implement the 2026 Falmouth Beach management plan.

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Jen. >> Yes, Mr. Chairman. I have promoted Josh Wrigley uh the town of Palmis coastal resiliency specialist, Maggie Clayton, the town of Palmus beach superintendent, and Sharon Urban and Alyssa Nolli, if I hope I said that right. Al Allison,

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sorry. uh from the Urban Harbors Institute and this is the project team that will be presenting the beach management plan. >> Excellent. >> Awesome. Thank you everyone. Um Jennifer, could you also promote Katie

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uh Lamaru? She's on uh she's from the team at Geiointech. Got >> it. Be here to answer any questions potentially relevant to her work. All right. So, I developed a brief presentation. Hopefully, it's kept brief. So, I'm going to try and figure

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out how to uh share my screen here. Perfect. Okay. Can everyone see my screen? Okay. >> Yes. >> Yes. >> So, like to present. Okay. >> Uh so, good evening everyone. Um this is

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for the notice of intent for the 2026 town beach management plan. As Jen mentioned, um I'm from the Urban Harbors Institute at UMass Boston. Allison Nolli is also here from the Urban Harbors Institute. Um this project was developed by UHI um along with uh engineers from

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Geocentech as well in collaboration with the town's beach department in the coastal resilience division. Um so briefly I'm going to run through the beaches uh the locations and then go through the summary of activities uh that are in the notice 7 in tent and then some uh site photographs for you

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all. Uh so just as a reminder, the beaches included in the plan and in the notice of intent include uh Megan Beach, Old Silver Reserved in public, Chapoy, uh Woodneck, Surf Drive, Felmouth Heights, Bristol, and Manot East and

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West. All of the town owned and operated uh property parcels. Um there are several resource areas within these uh beaches. Um here is a list of all the resource areas as as you already know barrier beaches, coastal beaches, coastal dunes, coastal banks,

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um etc. >> So sad. >> So now I'm going to go through the summary of the management activities and just to orient you to the table. Um the next three slides will be a table of the management activity activities. I was trying to figure out a very succinct way to do this. Um so I've listed the

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activity on the left and then um the beaches are listed in the right and if there's a check mark that means the activity is you know proposed to occur at that location. So I'm going to take some time just to run through the activities with you all um starting at the top. So first activity is conducting

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dune restoration programs at public beaches and areas with sparse vegetation by planting areas with omilia brevulada which is American beach grass um in collaboration with the coastal resilience specialists aka Josh um and

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conservation commission. All work will be contained to areas above the high water line. Um next is parking area maintenance and upgrades. So, this could include repainting parking spots, directional icons, installing the parking attendant stands uh in the pre-season and the trash stations. Not

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all the trash stations are there in the winter time, and repairing and maintaining any any signage as well. Um, third, repairing and maintaining existing sand fencing. All of this work will be performed by hand and will avoid disturbance of existing vegetation and

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any of the old materials will be disposed of offsite at an approved location. Next, maintain signage on public beaches. So, this includes uh signage about dog leash laws, uh signage with timing of beach closures or you know when the gates close, etc. Um any

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notifications uh signs will signs that need to be installed or repaired April 1st uh with beaches with rare sherbirds will require coordination with the conservation commission. um installing signage prohibiting

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activity within coastal dunes. Uh so signs installed within the coastal dunes will also require coordination with the conservation commission. And again I have some photographs of examples of these things in the in the slides after the table. Uh next is managing sand and beach parking lots and paved walking

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paths and access points to the beach and cleaning litter in paved parking lots as well. The daily movement of sand and sweeping is considered regular maintenance, but for proposed movement of larger quantities of sand, that will require notification and coordination with conservation. Any contaminated sand

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is disposed of offsite. So, the sand in the parking lots is considered contaminated and is taken off site and is disposed of. Um, sand on the walkways and in kind of the boardwalks on access to the beach is put back onto the beach. According to um my conversations with

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DPW, vegetation management, which includes poison ivy in the roadway layout, sidewalks uh and parking areas. Um and speaking with DPW, they use a vinegar solution for this um and and no harsh chemicals. And this is done throughout

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the um kind of summer season. Inspect and clean parking lot catch basins at public beach sites. Clean catch basins as needed with town- owned truck mount pumping system. Next slide, just a continuation of activities at the top. In the event of a

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name storm, seasonal infrastructure such as lifeguard towers and ADA accessibility mats will be removed from beaches to minimize damage. Beach raking uh is performed on certain public beaches. It's not performed on chapoy and it's not per pre performed on

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certain beaches with time of year restrictions during the time of year restrictions and in compliance with the state and federal protection guidelines. Um raking is performed with the beach rake above the mean high water line. Um we recommend coordinating with conservation commission and coastal

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resilience uh prior to the start of this season just to ensure raking is not occurring in threatened share bird habitat. Uh, next, regrade windb blown sandback from backshore areas of the beach walkways and stairs. Um, for large

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quantities of sand outside of regular maintenance, conservation commission will need to be notified. When blown sand that accumulates on beach stairs and walkways will be placed in the beach above high tide line. Sand that accumulates against backshore structures such as seaw walls like at Falmouth he

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pipes or if there is temporary winter sand fencing um will also be regraded back onto the beach of opening high water line. Um sand will be moved using a bobcat front and loader bulldozer or beach rake. Um I do have a note here which I should include in an update to

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this that there is no u mechani mechan mechanized equipment used at chapo beach for this. Um it's all done by by hand raking. Um next is install ADA accessibility mats. Um obviously they are installed pre-season then removed um

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in the offseason. And then again installing and removing lifeguard chairs at all the beaches. Um installing temporary winter sand fencing. Uh sand fencing will be installed using wooden or metal post spaced approximately 10 ft apart. All work will be performed by

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hand and all fencing materials will be removed prior to time of year restrictions. And this is to minimize loss of sand and to help build up the dunes and areas where the dunes are experiencing sand loss. Uh this is the last slide of the

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activities. Um, it's recommended to install new sand fencing and or symbolic fencing around seawward sides of all coastal dunes and edges of all dune access paths where such fencing does not presently exist. The sand fencing should be attached to wooden post installed

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about 10 ft apart. The post could be installed uh using a rubber tired backhoe with an augur attachment in locations where access will not disturb the dunes and should be installed by hand in all other locations. The fencing should be stapled and or

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wired to the post by hand and should no be no taller than three feet high. Symbolic fencing, which is that fencing uh that is put in when there are vents with a lot of people on the beaches, should be installed using wooden or metal stakes driven by hand and connected with string and delineated by

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fluorescent surveyor tape. And all symbolic fencing should be removed after the events are complete. And the purpose of that symbolic fencing is really just to protect those uh coastal resource areas. Um, second to last, repair existing sand fencing, split rail fencing, wind

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fencing, and guardrail fencing as needed. All work in the coastal dune and coastal beach areas should be performed by hand and should avoid disturbance of existing vegetation. Additional repairs within the wetland resource areas may require review and approval from the conservation commission if beyond

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regular maintenance. And then lastly, continue to replace handrails with corrosion resistant materials on existing beach stairs with older style handrails. And all work will be performed by hand and excess materials removed offsite. Um, so thank you for listening to that. I know that was a lot

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of information all at once. Um, now I'm just going to go through some of the site photos from our our visits at each of the beaches just to show you some of the items that are included in the activities. Uh, so first up, this is Megan Beach. Um, just as an example, we have some

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wooden wind fencing here. This is a a sign on the coastal beach that would be maintained if it's, you know, needs to be repaired. Um, and here is the parking attendant booths that are moved to the entrance of the parking lots in the summertime. So, all of these parking attendant booths are kept in the parking

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lot over winter, but they're just kind of tucked back and then they're brought to the entrance and secured. Uh this is old Silver Beach reserved and public. At this location there is a seaw wall. Um there are also uh several access stairs and this is an example of

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railings that are rusting and that should be replaced with corrosion resistant materials and updated. Uh for example, if you look at this railing along the access ramp, that is an updated railing. Uh this access ramp also shows you how sand can build up along the pathways and how that sand

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would be brought back onto the beach because it's on one of the beach access pathways. Uh at this location, there's also temporary winter fencing in the wintertime to help uh build up the sand and there's also sand fencing and signs keeping off dunes that should be

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maintained. Chapoy Beach. Um, this site has winter temporary winter sand fencing as well as I mentioned. Uh, this is just an example of how the s the sand will build up um in the offseason and how that will be regraded. Um, this is an example of a

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wood board put up on an access location. Um, again, a parking attendant booth that will need to be moved and an example of beach signage to be maintained um in season and offseason. Uh this is Woodneck Beach. Um Woodneck

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Beach has a good amount of sand fencing. Um here's an example of the permanent sand fencing that is on the seawward side of the dunes. Um there's also sand fencing on the back end of the dunes in the parking lot to be maintained and in the dune access paths as well. And there are several a couple different areas

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where there are keep off the dune signs. Um and in speaking with DPW, you know, there there are some areas where there could be signs uh put back. It sounds like some of them were had to be taken down. And this is an this is the natural surface area parking lot again with some

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of the examples of a a sign maintaining a sign in the parking lot. Okay, now we're going to the south side of the shore. Uh this is Surf Drive Beach. Um again, here are some keep off the dune signs in the natural surface

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area parking lot at Mill Road. Um, here's an example of a split rail fencing that would need to be maintained in the parking lot. Uh, this is permanent sand fencing along the seawward sides of the dunes. And here we have temporary winter sand fencing that is is currently implemented before April

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1st. And this is the a wooden structure to be maintained outside of the concession area. Felmouth Heights breach, excuse me, Felmouth Heights breach. Uh, pretty minor here because of the seaw wall. Um, one of the activities here is is

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focusing on, you know, continuing to update handrails um, where needed. Regrading here happens because of the sand that gets pushed up on the back shore on the back side of the seaw wall. And so the sand that is pushed up here would be regraded onto the beach above mean high water.

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Uh, Bristol Beach. Um, here we have some example of split rail fencing. There's also split rail fencing along the parking lot. There's a wooden retaining wall um up against the backside of the dunes in the parking lot. And as you can see, this is kind of just an example of sand in the parking lot. This sand would

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be removed and disposed of offsite at the DPW uh disposal site. And this is just a dune access path here. And uh there's a wood board just kind of protecting the sand. Well, it's it's trying to protect a lot of the sand from coming over in the parking lot.

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Um and lastly, Manat Beach. Um, this has a natural surface area parking lot. It h also has uh temporary winter sand fencing implemented here. Uh, several areas of keep off doom signs. Um, this is an example of a beach sign uh for dog leash laws and then some sand fencing as

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well. All right, I'm going to stop there. I do have the existing condition plan maps on hand um that are from the notice of intent and from the beach management plan. If those are helpful, I can run through them. um just let me know. I did want to note that there are certain

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beaches such as Woodneck, Mana, and Surf Drive um that have estimated and priority habitat. So, and a filing was submitted to NHSP and we're still waiting for a review. Uh so, we would need a continuation uh we'd like to a

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continuation of a hearing to 56 um because we're still awaiting the review. I did see um that we did also send a a notice of intent to DMF because of some of the beach raking and regrading of sand which is happening um on the

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coastal beach area and they did submit an email this afternoon with the review. Um I just have to take a look at it but we'd also need uh a continuation to address their comments as well. All right, I will stop there

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and take questions, comments. >> Thank you, Shannon. Is there anybody else speaking from your group? >> Uh, not at the moment. I think we're just kind of all here in case there are questions that we can all help answer. >> Perfect. All right. Well, you can stop sharing for now.

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>> Okay. >> Um, Jen. >> Yes, Mr. Chairman. Um, so as Shannon said, this is an update of our beach management plan. I believe the last time we did one was in 2008. This is just so the town can operate the beaches that

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obviously fall within the commission's jurisdiction. Um, there were certain some some items listed in the beach management plan in the notice of intent that we would like to see additional information on such as the building up of the dunes, where we're going to plant

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the beach grass in those dunes because we do have several um rare plants along Surf Drive. Um but we will work closely with the beach committee uh beach department, coastal resiliency specialists and if need be uh an amended

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order would be filed for certain activities. But again this is just so the town can operate the beaches and we felt that you know almost 18 years later we really did need to look give the beach management plan a fresh look um

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and update it as needed. Um, Shannon, we're still waiting for natural heritage comments. Um, DMF tier restriction for horseshoe crabs. So, that's all that was really in that one.

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>> All right. >> Um, we still do not have a D number. Um, did you check with Lakefield to see if they received it? Okay. >> Yeah, I reached out to a contact that was provided by Fallon and Amy. Um, I got an automatic reply, so I was going

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to try and give them a call. Um, okay. So, I have to >> Yeah, I'm on the portal right now. We don't have a number, so we'll have to continue because I unfortunately cannot close the hearing without that number. >> Okay. >> Um, >> so I'll follow up with them then. >> Yeah. And um I think there were a few

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other just a few other items that we flagged that may need amended orders >> um to complete but I think mostly it was yeah develop long range plans to

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eliminate discharge storm water in Felmouth Heights that might require like storm water management might require an amended order. uh the building up of the dunes might might require additional information to our office, but we do work closely

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um our department with the beach department and with Josh um so the board can um feel comfortable that you know the beaches are the the work being done on the beaches is in accordance with your regulations and your mission.

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That's all I really have to say. Mr. Chairman, >> thank you. Jen, Jalissa, do you have anything to add? >> Not at this time. Thank you. >> All right, I will open up to commissioners. Dave, >> uh, thanks for the uh, great presentation. Um, uh, I don't know a

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whole lot about the beach area. Uh, I would say that if staff is comfortable with this, I am certainly comfortable as well. That's all for me. Thank you. >> Thank you, Dan. So given Jennifer's introduction, um, so what period of time do we expect this

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document to actually live for? >> That's a great question. The last one lived for 18 years. Um I I would I would think um in our in the plan we do have a recommendation to review the plan every

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year um every one to two years and then update the plan every five years or begin the process of updating the plan every five years uh to keep it more up to date. And I will just make a note too that as as you notice there are several recommendations in the plan that aren't

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in the notice of intent and those are recommendations that are up to the town to kind of move forward and implement. So may and will likely require additional permitting, additional notice of intents or work with additional consultants as well. >> Got it. So again maybe back to Jennifer

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the staff. So, do the other permits that are required get pursued independently? Because it's not clear that these and those are on the same schedule of trying of when they need to be renewed or updated. >> Are you talking about what I just

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mentioned about amended orders? So there could be both, but you can go back to it's not 100% clear to me this the permit here and the dredging you beach renourishment or the other ones completely overlap in terms of timing because that one came into existence

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sometime last year. This is going to go for who knows five or 10 years. So they don't completely they don't perfectly overlap. So, I'm just trying to figure out and when you get the other ones you mentioned, who's watching to make certain that all the permits are in place before work starts on things going

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forward? >> Um, you know, again, we're we're in pretty close communication with the beach department with with DPW. Um, we're constantly monitoring the the beach's permits, so we have a pretty

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good handle on, you know, if one's going to expire or not. Um, I I see how the board thinks it's a little disjointed where the beach nourishment is largely lives within the comp dredge permit. Um,

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there are certain beaches in the comp dredge permit that are not permitted for beach nourishment. Um, we were having that discussion today. Um, I don't believe Chapa quite Beach is in the beach is in the compredge permit.

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Woodeneck is not in the Compred permit and neither is Old Silver. Uh, although Old Silver is pretty stable and doesn't require any nourishment. Um, but they do overlap and they don't. Um, but I can tell you, Dan, I don't think

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I'm really answering your question. And I apologize that that we do closely monitor the permits to make sure they're all in place before work is being done. >> Okay. So essentially before any for example using your example of of planting something or what have you. They're going to come back to you in

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order to get a permanent place because I I remember last year there was an attempt to plant grass on one of the beaches and it got shot down. >> Right. >> Correct. There. >> So just so it's it isn't on this schedule. It's on an as needed basis is what it comes down to.

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>> Correct. >> Got it. All right. So you and you guys keep track of the activities and the rest because correct back and forth. Okay. Because the chart that Shannon had was helpful because it it went through this list of the activities and it actually included what beaches because

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it was a little bit of a challenge to flip back and forth a couple hundred times to figure out what was going on between which beach in the document. So that's helpful um in just trying to understand that piece of it. And the thing I tried to do in this is figure out what things actually required independent permits to to make certain

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they were happening. So I just suggest when this is updated in the future that there be that summary and you include the indication of whether there's a permit, a date of a permit and the rest so we can all look at it and go everything's in place or will be in place by a certain date so that we kind

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of it's just documented and it's all there. That's all I had. Thank you. >> Thank you, Dan. Mr. Chairman, may I jump in? Shannon, I think it would be helpful if you could email your PowerPoint presentation to us and then we can submit that. We can email that out to

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the board and it's easier to follow for them. >> Yeah. No, absolutely. Yeah, it's definitely there's a lot of beaches and a lot of different activities. So, I get the flipping over aundred pages. I've done that myself. And at the time of year, restrictions that are different for different things and it gets to be

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multi-dimensional, right? >> Yes. >> Thank you, Dan. Steve, >> thank you, Mr. Chairman, and thank you all for this report. I didn't realize it had been 18 years, but I was really happy to see we were paying this much

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attention to our beaches. If I could be a little parochial and and get to the Man Beach, uh we're going to have a construction project, God willing, sometime in the near future, certainly within the next 18 years. And uh I wondered if that came

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into your calculations or how you coordinate with the Department of Public Works, etc., etc., etc., on those kind of impacts on the beaches. >> Well, I can speak for the beach management plan and then Jen, you can maybe speak for the conservation commission. Um, so we did mention that

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that project um will be happening and part of it's permitted. It's still under review. Um, we don't have any specific activities within the plan currently that are related to any of that construction and that would because essentially that's under its own own permitting and that's kind of separate

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from this beach management plan. So we do recommend we do note that it's happening but it's not included in our in the activities for the plan if that makes sense. Jen, >> can you repeat your question? Steve,

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>> I I just wondered whether the the opening of the channel and expanding dramatically changing Mina Beach, you know, many of us are not sure, you know, what will be left on say the the east side. >> Yeah. So, like Shannon said, that's

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under its own permitting. It would be covered in this as like grading of the parking lots once that project is complete and it it will be completed eventually hopefully within the next 3 years. Um we we will have that project

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completed. Um but then we we will still need to routinely maintain a Shannon said the fencing, the parking lot, the shower towers out there. So it it's covered in a maintenance kind of way, but not in the in the u um the

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construction activity, but it would be covered under the maintenance of the speech management plan. >> Great. Again, just to be pro paralio for a minute, more eyes on the prize can't hurt anything. So I just want to make sure that as as these projects moves

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forward, this part of it is uh well considered. And again, thank you for this report. It's uh fascinating reading for those of us that like to read this kind of stuff. Thank you. >> Yeah, I'm glad.

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>> Ronnie, >> Shannon, thank you and thank the team. I have no questions. >> Thank you, >> Ron. >> Yeah, again, I thank you for the extensive report. It was it was interesting reading, especially some of the charts I didn't understand, but um we go into that later. Uh the one thing

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the trunk river is not a family beach >> the trunk river >> trunk river >> it's >> you know it says in the thing it goes from from surf drive to trunk river a couple times but nothing is mentioned about that little area of trunk uh on the trunk river.

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>> Yeah. So we stop at a certain point along Surf Drive. So I know that there's uh there's kind of >> Yeah. So we don't >> Yeah. So, Trunk River is okay. That's not in this. Also, on the all the access paths,

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as as we've been trying to get other people to put them at an angle, most of the access paths for almost all the beaches are straight from the parking lot straight onto through the dune and onto the beach. Um, so I I guess the recommendation would be to put it at an angle so that the so it's not to, you

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know, 90 degrees to the beach. But how are we going to destroy a whole bunch of doom by doing that? Is there a pro and con to doing it or leaving it as is? Um, I definitely think there's a pro and con to that. Um, I think that's part of it being a recommendation for future

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implementation for the town to review um, and see what's kind of feasible. I think the idea is to help with kind of the natural state of the beach. Um, Katie, I don't know if you have anything to add to that. Um, >> I don't, but that is a question we can

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take to our coastal engineers too to to see if there's anything additional worth incorporating in this plan or as Shannon said, if it's something to consider for a future feasibility. >> Okay. All right. Oh, thank you. That's all that's all I have.

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>> Jim, yeah. My only question was sort of along those same lines is I mean the last time I saw a real high tide along Surf Drive, all the water's coming through the access points and should we be limiting some of those access points so that you don't get that erosion

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coming through the sand dunes? >> That is a great question and I'll echo Katie and that's something we can bring back to the coastal engineers who worked on the project and who really did that shoreline change analysis for us. Um, so I can't answer that directly right now. >> I I see they I'm sorry. I see they

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already blocked one of the access points from the Milro parking lot. >> Great. >> But there's still access on the beach. >> Good. That's all I had. Chairman, >> thank you. And my only comment will be thank you guys for the presentation. It

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was well done. Um, and that's pretty much all I have. Um, Jen, is anything in the chat or comments? Just Maggie Clayton wanted the the board to know that Trunk River falls under town owned versus town maintained

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shoreline. So the Trunk River Beach is nestled between uh an association beach, Ron. >> Yeah. Moores beach. >> Yeah. Woods Hole. No, no, Moors is further east. So as you take that bend

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and surf that goes up towards Oyster Pond. Yeah. >> That corner is uh Hoie then the town then it goes back to Hoie. >> So uh the town uh and correct me if I'm wrong Maggie does not actively maintain. We don't groom that beach. We don't

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staff that beach with a lifeguard. Um >> there's a lifeguard there. >> It's I don't believe it's the town. >> Okay. can you speak to that? >> Sure. Um, thank you um, Jen and commission. So, Trunk River is included

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in the seasonal portable toilet beaches contract. So, there are portable toilets placed there seasonally and maintained under the same uh, contract as like the portable toilets at Mil Road parking lot

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or um, at Chapoite etc. Um, but we do not um do anything, the beach department does not do anything related to Trunk River. Any beach activity at Trunk River is just DPW with um that portable toilet

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um contract and the uh any trash uh disposal. There's no lifeguard, no parking attendant at Trunk River and has not been for 20 plus years. But there is a lifeguard there, but it's not Felmouth.

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>> It's not a paid town of Fmouth lifeguard, Ron. >> Okay. Just curious. Thank you. >> All right. Um I will take a motion to continue. >> We cannot close, Mr. Chairman, because we do not have a file number

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>> to continue till May 6th. That's >> Oh, okay. I'm sorry. >> Accept a motion to continue to May 6th. If anybody wants >> so move. >> All right. There's a motion and a second to continue this hearing till May 6th. I

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will call the role. Any questions? Dave >> and I. >> Dan, Steve, >> Pat. I >> Ron. >> Sorry, I was on mute. Yes, Mr. Ron. Ronnie >> Bowman I >> Jim

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>> McGrath I >> and Duffy motion to continue till May 6 is passed. Thank you guys very much. >> Thank you. And if you would remember to send that PowerPoint to us that would be great. We can get it over to the board. >> Yep. I can do that now.

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>> All right. Great. >> Thank you everyone. >> Katie, it was nice to see you again. >> Likewise. >> Good night. All right, next on the agenda, Judith W. Parker, qualified personal residence trust, 36 Buzzards

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Bay A, found with Mass for permission to reconstruct an enlarging deck and install mitigation plantings. Jen, >> yes, Mr. Chairman, I am promoting Tom Bunker so he can present his projects.

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Oops. Hey, I'm here. Uh, could you see I don't know if um Adam Winters possibly is here. He's the contractor. I think he I think he's come in and talked to you and Alyssa at times, >> but I'm not sure if

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>> I don't see anybody by the name of Adam Winters. >> Okay. >> If anybody else is here for this project, if they would raise the hand function, that would be great. I don't see anybody, Tom. I'm sorry. >> No, I I can do it alone. >> Okay.

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>> Okay. So for the record, my name is Tom Bunker um professional land surveyor with BSS design and we prepared this plan for uh Miss Parker 36 Puzzards Bay A and as mentioned of course Adam Winters is the contractor um she'll know

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our architect and if I may I will share the screen and show you what it's about. Floor >> is yours Tom. >> Thank you. So, if you don't know which which screen you might be looking at, hold on. There we

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go. I have dual screens here. Hold on one second. Does it work better like that? You see the screen? >> No. >> No. >> No. Must be back on this one. >> We see a winter.

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There we go, Tom. But yeah. >> Okay. I just got to put you guys back onto the other screen. Well, I don't need to, I guess. Anyway, this is the uh town GIS with the uh site highlighted.

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You see it's uphill from the Woodshole ball field and this area around here is all wetland. Um and uh goes drastically uphill from elevation three or four up to the 30s or something. I can show you

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our uh site plan. So, we're up to elevation 34 here. flood zone is down to 15. Um down at the bottom somewhere is that wetland that surrounds the uh the ball

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field area. Uh flood zone 15. It's greater than a 10 to one slope here and it's greater than a 4:1 slope. Um as you can see where the contours widen out. So the contours the the top of the coastal bank runs up this way. So, it gets up

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near the edge of u Spring Street. This lot backs up to uh Spring Street. Um there's the Coastal Bank coming up. Um and uh Buzzard's Bay A is here up at elevation 42, the ground elevation. Then

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there's a walk out lower level. So, we're at about elevation 34 in this location. Um, so the uh it's a coastal bank that touches another resource area being the

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freshwater wetland down at down at the bottom. So it has a 50ft zone A running along through this way here and a uh then the other 50 ft for a total of 100 ft uh zone B up in uh here cutting cutting through

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the house. So, um, most of the lot or most of the lot that's in jurisdiction is in zone B and there's this little corner down here in zone A. Um,

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the existing house, this is an odd situation I I'll mention. It's like a zero lot line. This is one structure on two different lots with two different owners. And uh there's kind of even the ZBA didn't know quite what to do with it. Uh

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how how to uh separate the two or whatever. But uh you can see that the coastal bank that the the the structure gets closer to the coastal bank here um than our half of the structure is in this location. Um,

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so you can see on this this is the existing uh building where there's screened in porch and a underneath a sun porch and then there's this little bit of uh deck porch and steps going down to

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the ground. So what they want to do is um basically keep they're rebuilding renovating this area here and enlarging the deck. Um it's a a two-story deck. It's existing twotory deck. That's why

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there are two sets of stairs there. And then the other deck here just getting larger. And the steps coming down in this location which as you can see um

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down is uh down here. So the um there is a increase of area of 181 square ft in this area.

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So for mitigation calculations it would be uh 364 square ft. That's double 182. But um the regulations say that no more mitigation is required than than the non-naturally

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vegetated area of zone A on the property. And so we have 159 square ft of zone A in here. There's a triangular piece. And I've drawn it in a way where we're

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showing 160 square ft of mitigation with witch hazel and viburnum dentatum in this the green dotted area. And I'll have to admit I I don't quite I wasn't quite sure I understood uh the uh

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staff's comment. You should have all the I'll have this the red triangle. Um if staff Alyssa is um suggesting that that needs to be planted

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out into that triangle. I had a term for it. Um that sharp little bit going out into the the driveway even though it's not paved. I called it the the um pain in the asphalt.

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The uh interrupting the driveway. I would wish that we could keep the careful driveway here and keep the 160 square ft of mitigation. I think this is kind of routinely done if there's a structure or something paved that's in

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zone A that we can get the mitigation back out into zone B. So, which I have here out in zone B. Um, and so I'd like to hear um, elictor Jen um, speak on that if that's if if if

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rather this has to be planted out, but really you can't plant a sharp point like that anyway. Um, or if we can do the mitigation this way. So in this location here, there's a nice stand of witch hazel. There are a couple maple trees, nori maple trees on the

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abiding property and they are they would like to take down these maple trees, but we did not include them in this notice of intent because it gets um kind of delicate when when one person is doing a notice of intent, but the the uh

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the um the order would have to be recorded against this other property. Also, what we'd like to do is uh under a separate filing, if it's possible, under an RDA to take that down by the by the owner is to take that down. But also,

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this maple tree here is a broad dense shade canopy over this area. And that's part of the reason why the these decks are in poor condition. This is a town road. Uh, and so the the town tree warden uh has to approve

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cutting down these trees. Um, so I've suggested that we cut them down and replace them with uh trees. I suggested a a tupelo, but um if this becomes allowed by the commission and the tree warden, then I think that the uh um

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staff, Jen or Alyssa or u or Fallon could say which type of trees and how many to plant in here to uh open this yard up to a little bit more sun. Um, so

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that is um that is the proposal and now now I have to get back to the screen so I can uh stop the share. Oh jeez, kind of lost the zoom screen here. Um,

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sorry about this. >> Yeah, go to the right. >> There you go. >> Good job, Tom. >> All right. Anyway, with a little help. Anyway, take questions. again. >> So, um

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that little red triangle area is Tom, that was in that zone A. That's why we flagged it. Um >> Right. >> It you're saying that it's problematic to plant right there. Well, I'm saying that we have to to to put

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to put it's problematic and that's a sharp point and you know shrubs are in circles, but it's also would be um you know I think we'd have to move the the driveway over significantly over so that it could go

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around that little point of zone A. And I think in you know in many cases when there's a structure something in zone A then you do what we zone A do the rest in zone B >> or we could do >> we can I mean that would be fine. We can write a finding that it would have to

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move the driveway and we'll put it in zone B. But you know we just don't want that vegetation to be removed. Um is that what you were thinking with that comment Alyssa that Yeah. that that had to be fully planted because it wasn't Yeah. So, I mean the board the

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board if they want can allow you to put it in zone B and we'll just make a finding that it's not removed and then we um I said the only other comment staff had was that they could reorganize those rocks to make it look a little

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nicer. So, >> yes. And we certainly agree. I think that this after we'd hope approval and when they're doing the work, it would require visits by staff to show Adam or who or the landscaper how to how how the

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rock should be reorganized and so get gets done to your liking. >> Oh, okay. That's all I have, Mr. Chair. >> Thank you. Alyssa, do you have anything to add? >> Uh, just a note that I met with the contractor, uh, Mr. Winters and the um

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arborist a couple months ago about this. So we talked about the removal of the trees, moving the rocks out of the zone A and u making that look like a better planted area and what to replace it with. So I have no concerns. >> Excellent. All right, I'll take staff

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comments. Uh Jim, >> so will those trees be coming down that are on the neighbor's property and the one in front? if I can. It hasn't been properly permitted yet, but they are invasive. Uh, so staff wouldn't have a concern if they were removed. One is in

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the road layout. That will be up to the tree warden. The two on the abuing property. Um, I don't have a concern with their removal. They are invasive. We permit that all the time. They would need to be replaced. I believe we talked about one canopy, one understory tree. Um, it would bring in a lot of light.

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It's a very shaded area. Those trees are very large. Um, so they would also have more variety with their choices of mitigation plantings. Um, and it would just be a much better vegetation. >> I totally agree because I don't think anything's going to plant grow where it is right now given the current

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situation. So, uh, no other further questions, Mr. Chairman. >> Thank you, Steve. >> Thank you, Mr. Chairman. I don't have any questions. >> Thank you, Dave. Uh, I wonder if staff can the uh Tom

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mentioned the uh part of the rag that talked about uh if an area of zone A is not not vegetated with the natives that that affects the mitigation. Can someone explain that a bit more to me please? I've never seen I never I never come across that rig.

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>> What was that Dave? Well, Tom, you mentioned there was some reggg it referred to uh part of zone A that's not naturally vegetated and that reduces the mitigation required. Correct. >> So Dave, if you look at 1018, let's see

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if I can find it for you real quick. >> Um what am I in? 1026. It states that mitigation, what is it stated? It's like mitigation. Like Tom said, if if the zone A is fully

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vigilitated, you you don't need to to mitigate. If that's right, >> let's say >> it only takes 200 square ft to to completely vegetate zone A, but the calculations are saying it's 400 square

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ft is required. We're only going to plant the 200 square feet because if zone A is fully vegetated, they don't need additional mitigation. >> I see that the point the point is is to bring zone A to full vegetation. >> Correct. >> No, that makes sense. >> Exactly. I got

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>> Yeah. And I will find that rag for you, Dave, and I will email that to you. >> No, I I understand it now. I understand that part of it. There's only one other question. So, the trees that are on on the butter's property, how would how would they come down? Has it been discussion with the other owner? Would

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it be would they have to do their own uh their own applications quite separate from this? And has there been any conversation with >> If I may, there have been conversations between the two owners and the owners of the other property where the two two maple trees are uh are in agreement or

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would would would like them to come down and it u you know it just depend on what type of filing uh our owner the parker could make the filing um you know with with the other owner's permission to to cut the trees down or

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or the other owner could make the filing. So, so they they are working together on that, I guess. >> Yes, they're they they they're they're they live so close. They >> they're friendly and they cooperate. >> Good. That's all I have. Thank you. >> Thank you, Ron.

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>> I have no questions. Thank you. Good luck with the deck and good luck with those trees. >> Dan, >> um I've got no questions, Mr. Chairman. Thank you, >> Ronnie. >> Thank you, Tom. No, I think most of my questions were answered about the trees. I think it would be beneficial for him

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to come out especially for the mitigations and uh keeping things dry around the house. That's it. >> Yeah, same here. Thank you, Tom, for your presentation. >> Thank you for listening. >> All right. Again, anything in the chat

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or public comment? >> Nothing in the public chat or um Mr. Chairman. >> Excellent. >> Make a motion to close the hearing and take it under adisement. Crystal Bullman second. >> Motion and a second been made to close

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the hearing. Any questions? >> Not seeing any. I'll call the role. Jim >> Grath eye. >> Steve >> Ben I >> Dave >> Dante. >> Ron >> Driscoll I >> Dan >> Walsh I

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>> Ronnie >> I >> and Duffy I motion is to close a hearing and take it under advisement. >> Thank you Tom. Okay, thank you all. Good night. >> Thank you, Tom. Good night. >> Next, we got Matt Neglin, 0 Toby Lane,

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map parcel 4101 OC, Falmouth, Mass for permission to construct a single family dwelling and accessory dwelling unit on a wooded lot, install a title 5 sewage disposal system, and all associated ratings,

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clearing and landscaping. Jen Yes, Mr. Chairman, I have promoted Scott and Sally up to present his project. Hello, Scott. >> Hello everyone. Um, I'm trying to get my

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screen to work and I'm not sure if that is going to work. Not sure I'm going to get my video here. Hold on one second. Um, okay. I apologize. I don't know that I'm going to get my video up. Can you hear me? You okay though?

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>> We can. >> We can hear you. >> We can hear you. Um, Mr. Chairman, if you give me one real quick minute, I will pull up his plan for him. >> He should be able to share. The video's on. It's just black.

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>> Yeah. Yeah, I can I can still share. I just don't know why my my computer video is not working. So, I'll um >> Scott, do you have a little um like a little switch on the actual computer that may be blocking your camera?

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It does that when I do this. >> There you go. >> You just taught me something I never knew about my laptop. >> Nice catch. >> Nice catch. >> Thank you. >> Thank you for that.

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>> Never knew what that button was for. All right, Scott, the floor is yours. >> Thank you very much, uh, Mr. Chairman and members of the commission and staff. Uh, my name is Scott Machelli. I'm a professional engineer. Um, I'm here to discuss a notice of intent application

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for uh, Matt and Maggie uh, Nagland. I don't know if they're on. Um, they are the owners of the property. Um and this application is for permission to construct a single family home uh an

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accessory dwelling unit and all the associated utilities and impertinances grading that are associated with uh a new home construction. Uh zero Toby Lane is an undeveloped lot. Let me see if I can just pull up and share

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kind of the GIS. Uh >> is Scott frozen? >> Nope. I'm just trying to >> I'm trying to pull up uh Did that show up as a share? >> No. >> No. >> There you go.

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>> Now there Okay. Um so, uh Zero Toby Lane is an undeveloped lot consisting of about uh 1.01 01 acres. It's located on the south side of Toby Lane and the east side of Central Avenue. Um the property is

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surrounded on basically all sides by existing single family homes. Um the lot is uh fully wooded. The topography uh slopes down from Central A down to the resource areas starting at an elevation up by Central A of about

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elevation 21. And once you get down to the resource areas, it's around elevation one or two. Um, jurisdictional resource areas that that overlap the property are associated with eel pond and those include uh salt marsh, uh,

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bordering vegetated wetland subject to coastal storm flowage. Um and that includes VE14, AE12 and zone X and uh uh Coastal Bank also. Um there is also the

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limit of moderate wave action overlaps the the property but it coincides with the VE14 zone. Uh the salt marsh um line which is in red which is closest to the resource area on the left of the page um and the

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BVW were flagged by uh Marsh Matters Environmental Inc. in early December. Um, and those were located by instrument survey. And the coastal bank was uh determined by topography um mostly represented by figures 3 and

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four D policy 19-2. Uh the property does not lie within any mapped limits on uh an estimated habitats or priority habitats from natural heritage and there are no vernal pools or potential vernal pools within

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100 ft of the property. So uh what's proposed is a uh sixbedroom home along with a two-bedroom ADU. So it's a total of eight bedrooms. um all of the proposed work um it falls

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outside of all of the uh buffer zones except for we're proposing work within the zone B to the coastal bank. Um overall the project results in uh a lot coverage calculation of about 10.2% 2%

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that um that's both the structures and the hardscapes and the area within the zone B is about uh 3% of that 10% is located within that zone. Um

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the uh because it's a vacant lot um it falls under the um the Felmouth Health Department new regulations that were implemented in uh November. Um so there is a uh

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denitrification system associated with this. It's a Nitro 2KM which is rated uh for up to 9 bedrooms. This is an 8-bedroom proposal. Um, and uh, this obviously the 2KM the nitro is one of

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the preferred systems that uh, the board of health prefers or recommends to get down to 10 milligs per liter. Um so we have uh um this the house will be served by uh public water um natural gas

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uh obviously power and we've uh we did a tree survey um for all the trees in the vicinity of that um 40 to 50 foot uh coastal bank buffer zone. and we kind of joged the limit of work out uh to protect any of

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those trees that kind of land on that 50- foot line. Um and that line is uh we have on the plan proposed erosion control consist of both um silt fence and waddle at the same time. Um so that's kind of a an overview. Um happy

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to uh answer any of your questions. >> Thank you Scott. You can um stop sharing. I'm on. Where are you? >> There we go. Sorry about that. >> Thank you, Jen. >> Um, I don't believe I have any

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questions, Mr. Chairman. Thank you. >> Thank you, Alyssa. Anything to add? >> Uh, just one comment, Scott. I forgot to mention this the other day. if you could send us um a PDF of a revised plan. If you look at your buffers on the it' be

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the north side of the property. Um they're just not quite at the 50 and 100. I think the zone A at the very bottom of your plan, but the north side it's like at 40 and then the B was at 90. If you can just move them over a smidge, it won't change anything. I think it's still outside your limit of

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work. Um, but if you can just alter that for the record. Sure. >> Um, we'll save that to the file. >> We'll do. >> Thanks, >> All right. I'll open up to commissioners. Uh, Jim, >> uh, no questions, >> Steve.

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>> No, I don't have any questions. I wasn't sure why it was in front of us to be honest, but the lot's interesting. Good luck. >> Thank you. >> I'm all set. Ron, >> I have a basic question. All the trees

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between the house and the ADU over the the new septic system, they're all coming out. They're gone. It's going to be long. >> No, you know, I didn't put a uh limit of a tree clearing line on there. When I submit a revised plan, I will put that

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on there. But if you notice, um I we do not have to clear trees over the area that's that's called the reserve area. That can stay wooded. So, we were not going to clear cut that. I will clear enough to get the the leech field and those tanks in and then bring the tree

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line back down and leave a wooded buffer between the ADU and the house. >> Okay. Thank you. That's all. >> Dan, >> I had no questions. Thank you, >> Ronnie. >> Thank you, Scott. Seems pretty straightforward. Good luck.

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>> Thank you. >> Yeah, thanks, Scott. Uh, pretty straightforward as well. Um, Jen, anything in the chat or comment? >> Nothing in the chat and nobody's hand is raised anymore. So,

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I think we're good. >> All right. Make a motion to close the hearing and take it under advisement. Driscoll >> Bowman second. >> Got a motion on a second to close and take it under advisement. Questions? Seeing none, call on the role. Jim >> Grath, I >> Steve.

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Dave >> I >> Ron >> Driscoll I >> Dan >> Walsh I >> Ronnie >> Walman I >> and Duffy I motion to close and take an underisement is passed. >> Thank you Scott. >> Good luck. >> Thank you very thank you very much. Have

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a good night. >> You too. >> The next one uh 110 Scrant has been continued already. Um, next one after that is Mike Jackson, Chaport Yach Club, Inc. 501c3, West

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Falmouth Harbor, West Falmouth, Mass for permission to install three seasonal floats at West Falmouth Harbor. Jen, >> yes, Mr. Chairman. One second. I am going to promote Mr. Jackson. I just saw him. There he

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is. For note, the quorum is Dan, Dave, Ronnie, and Bill. >> Say that again, please. >> You are not on the quorum, Steve. It is Dan.

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>> Dave, Ronnie, and Bill. >> Okay. Thank you. >> You missed him. Mr. Jackson, am I promoting anybody else to join you? this evening? >> Uh, no, just me, Jen. Thank you. >> Okay.

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>> Would you like me to get started? >> Go ahead, Miss Jackson. The floor is yours. >> Okay. Thank you. Mike Jackson, the board of Chapu Yach Club, Inc. 501c3. This is um a continuation of a hearing for resources uh land under the ocean and

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land containing shellfish uh for um floats on moorings 300 ft greater than 300 ft offshore. Um we wanted to u bring to the attention of the commission uh new regulations that were just published

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in March um for the harbor master for 10A permits which is the you know exact set of regulations that apply to this particular situation and we'd like to um you know request that the commission seriously consider uh using these

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regulations in weighing in on our project. Um the requirements under the the new 10A regulations from March are uh the harbor master can permit floats on moorings. Uh and the floats must be

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free floating at all tides and it says parenthetically may not touch bottom. Um so we think that's particularly relevant for these floats that are 300 feet offshore. Um, in response to, you know, some of the questions, I think particularly Commissioner Kent's

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questions about, you know, the depth details and so on, uh, we had our consultant CR environmental produce additional data for you, um, in the form of depth profiles across the three areas, uh, to try to make clear uh, the,

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um, the floats, the draft of the floats, and the space underneath the floats at each of these three locations. Um they all uh you know meet the requirement of 10A and two of the three meet the requirement under the uh Fmouth wetland

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rigs for 3 ft below at um a moon low or extreme tide. Um so we feel we feel that the the um the requirements are appropriate under 10A. Um these are also the same requirements that the harbor master and the shellfish warden have

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placed on us as well. Um you know basically that the depth assures that the floats do not touch bottom and and that for the shellfish warden that they're out of the water during the open shelfish season. Uh the other thing that we'd like to

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mention uh before you know I'm sure you probably have questions on the profiles but um we we wanted to make sure that um you know we address the concern that Commissioner Bowman has about shellfish you know surveys and just wanted to let you know we we firmly believe that there

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are shellfish there. I think even the town seeds shellfish in that area. Um, but we're using uh a mooring design that minimizes the um disruption to the bottom using a helical screw that

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disturbs about 1 in one square inch per moing. Much different than a than a mushroom or a big cement block. Um so in in working with the harbor master and the um shelfish warden, that's the design that they recommended to minimize

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disruption. Um and we'd like to respectfully ask that we can proceed, you know, into it into a decision and a determination from the commission without having to um you know, go through the extra expense and time involved. We we can see that there are

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shellfish there for sure. Um, so I just wanted to ask if there are any questions and if you if you want I can share the profiles and we can go through them in greater detail or if you've had a chance to digest them. Yeah, I'm happy to take your questions.

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>> Thanks, Mike. Jen, do you have anything? >> I don't have any uh additional questions, Mr. Chairman. No, >> no comments. Thank you. >> All right. Yeah. Um, I've seen the the the new depth stuff. Um, but I will

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allow it for the just this has been going on for a while now. So, I'll take comments from the the three in the quorum myself for this one. So, I'll start with R. >> Thank you, Mr. Jackson. Yes, I have been uh consistent on the uh shellfish

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survey, eelgrass, and also the draft of the uh the floats themselves. And uh you you mentioned a new regulation had changed >> West Final Taba >> there republished reg regulations that

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are updated and they specifically get into floats on moorings which is like smack dab in the middle of what we what we have and what a number of the other harbors have. Um and they specify in this case floats must be free floating at all tides may not touch bottom and

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all of the profiles show that there's ample room underneath all these floats. They'll never touch bottom in any tide >> in any tide. Okay. You filed under the old regulation. Correct. We filed um under we filed because the

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the um Penna permit that we have says that we must comply with any other restrictions that the concom may have at the time. Um the nice thing about this recent uh information is it clarifies uh a lot of what was already in our

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permit which was basically with this with the harbor master that there needs to be three-foot depth so that you can ensure that the floats will not touch bottom. >> All right. Well, so I don't I don't really see the proof of that without seeing numbers on the draft of them

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floats. The draft is is shown in the uh I'd happy to share >> that had a number four to eight inches is what we had. >> Four to eight inches. It said >> well we we got the engineer to do um loaded and unloaded. >> Yeah.

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>> And the loaded and unloaded numbers are um shown in the bottom of the profiles. So it's four and a half in unloaded and 5.4 in loaded. And >> it's on the bottom in notes on the each

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one of the uh the profiles and then the drawing shows the loaded float and the depth beneath the loaded. >> Okay. All right. So as far as shell first survey is concerned any other project that comes in front of this commission has to have a private person

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come in not the town shellfish warden. This is what we have to do. So that was should have been done and I have serious concerns about that. And the eel grass and you're saying two of these floats are going to be anchored now. Correct. >> They're going to be anchored bow and stern or four and a half.

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>> So they're not they're not going to move. So not some sunlight's not going to get down to >> they're not going to move. They're going to be they're going to look like a 20 foot boat on a moing but not swinging in this case because that's what the harbor masters asked for. Now we we would love

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to have them swing for a variety of reasons. Um but you know the concern I think has been depth and uh as you can see in the profiles if these uh swing they start swinging out over shallower water. So we agree that that uh four and

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a half may be the best approach and these these will be in and out of the water. They're only in the water for a few months. >> Okay, that's all I got. Thank you. >> Thank you. Dan. >> Um, so can I just share a screen for a second? Ultimately, I think this is

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going to come down to what set of rules apply. So, let me just try to do something. >> See if I can get this to share the document. >> All right. So, you guys seeing the screen seeing the spreadsheet? >> Yep. >> All right. So, what I did, Mike, is I

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took the survey depths, which are here, and then duplicated again right here. And I took the data we were told at the last meeting, which was that the the depth of the floats would go down eight inches. So that's your point 6. It's 2/3

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of a foot versus what you just said, which is 045 ft, which is what the current data says, >> right? >> I subtracted the error that's noted in your report from the survey company, and then took your extreme low tide. So you take your numbers, depending on which

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set you use, the old 8 in or the current 5.2 2 in and it's so here's what you end up with. That said, let me just show you something if I can. If you look at the Noah website for the data you used and you look at the operational forecast

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system, which is what that data comes from, and if you look down here, it says their forecast are accurate to within 6 in. So if you take the six inches, if I go back to the spreadsheet, if you take the half a foot, hang on a

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second. If you take the half a foot off, this is where you end up with deaths. Regardless of which one of the how deep the floats go. So I think I think if we use our rules, the current rules, in all cases, you haven't got enough water.

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So I think the question, Jennifer, comes back to what applies at this point with this new set of rules from the harbor master. I just don't know what jurisdiction we got to apply at this point. >> So the the 10A float the 10A mooring um

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that is the 10A float regulations are un strictly under the harbor master. >> Okay. >> They do not apply to the Hong Kong. >> Good. Okay. All right. Then based on the numbers I just went through in the data that I see, there's just not three feet of water under the floats under any

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condition in any of those locations. >> That's that's if you put in uh a Noah error and a couple of other things that are uncertain. And also, you know, we could get into a scientific discussion, but a lot of its data is 20 years old

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and it's going to be updated in the next couple of years, and you're going to see six or eight inches of increase in water depth because of uh you know, sea level rise. So, I mean it it we we could get to get bringing consultants in to look at this, but it's unfortunately getting

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into um you know, for us a a really difficult situation where we've got lots of boats and lots of moorings that are permitted throughout the harbors in Falmouth that have exactly the same, you know,

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impacts, let's call them, environmental impacts that our floats will have that are completely unregulated by the concom. And if you start weighing in on this in this particular one, every new boat that comes in could potentially become,

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you know, an issue for you. Uh and and I think you have an opportunity with the shelfish warden and the harbor master and this new state laws um for harbor masters uh you know under the CMR regs that give

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you an opportunity to say there's not an environmental impact from these sailing floats. They're in the water from you know late June until early September. uh and they're a critical, you know,

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community resource for our our children to learn how to manage boats on the on the waterfront. And if we can't do that in Falmouth, then, you know, shame on us. Uh you know, I really I really think that we need to we need to really step

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back and try to figure out what we're trying to do here and how we're applying regulations a little bit willy-nilly to something that's 350 ft offshore. you're you're applying your regulations for a singleuse dock and you know we don't have any pilings. We don't have any of

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those other disruptive things and we're using helical screws that provide a 1 in square inch impact at each location. So I think we're we're overdoing it a little bit honestly with respect. So this is the same qu you're making the same point I was asking Jennifer which

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is so if we if the rules we have to apply are the rules for a float attached to a dock then the numbers are the numbers based on that's the best data that's currently available. If it's a different set of rules then we can look at it differently. I just don't know which set of rules it is.

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Dan, >> Mike, you mentioned the new rags, for instance. They they they talk you say that these floats will never touch the bottom. I guess my question is, this may be a question for staff. What if this did happen and we did touch bottom a couple times this summer or a

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few times with low tides? Would that be a would that be a a project stopper? Would that be serious enough that we would end end the end the program during the summer? How serious is it if it touched the bottom a few times? Enough to stop this thing?

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>> Well, I think I think that we definitely do not want the floats touching the ground ever. Um, for shellfish, for ill graphs, for everything. Um, I think I do believe that the 10A the new 10A performance

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require them to float at all times. Um, I think the board there's we could have a discussion on, you know, if you allowed it, you know, and we we monitored it this

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summer. That could be a possibility. Um, you know, unfortunately the tenate the the harbor masters 10A permit was contingent on conservation commission's approval. Uh unfortunately we don't have any real

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regulations regarding 10A floats. We've always left that up to the harbor master. Uh all we have to go on is what we regulate on docks and the floating end of docks. And our regulations say the floating end of a dock needs to have

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three foot three of water at the lowest point. Again, those are attached to a fixed structure. They're they're a little bit different. They're closer to shore. Um, so we're kind of in uncharted territory. And >> yeah, I guess I I guess my I guess I

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probably should have described my question a little differently. I'll try again. I think I didn't do a good job. There is disagreement here. Which rags to use, which are airs to use. It's difficult. Okay. To know will they touch bottom? I think it's pretty it's there's a question there. Will they? We don't really know. I don't think I guess my

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answer. I think we do. >> Could we could we start? Do we know? Do do we know they'll touch? >> We know they will not touch. Well, I'm not sure we all agree on that. I'm suggest >> Can I share Can I share a screen because, you know, I've got the facts right here. I understand. I think what

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what the analysis that we just heard saw on the spreadsheet was will they ever be below three feet, >> you know, underneath the float. >> Oh, you're okay. You're saying you're saying you don't need three feet. I guess >> I'm saying they can't touch and if they have if they have two and a half feet or

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or three feet, they're not going to touch. Um that's that if if that's why I think there's you're absolutely right. There's two different you know sets of regulations. One of them is made for these floats by the state and approved

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by the harbor master and the shellfish warden and the other one is you know something that applies to shorebased docks. I I guess I am suggesting something Jen kind of referred to. What if we tried and did touch? I guess I'm asking would that mean we yanked the

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program mid summer that we would do I let's say they do >> could we do that >> the board could monitor it and see what happens >> the board could condition it that if the if the floats at any point in time touch

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the bottom I mean we could we could write something into the permit but I think that's going to have to be discussed during your deliberation. >> Commissioner Ken, I just want to make sure that that you that you recognize that the difference between what we were

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hearing earlier with the little spreadsheet was really about whether there has to be three feet or not. And you can see here in this the kind of weird scale of, you know, you're talking about almost 200 feet across the bottom and three feet going up and down here.

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the little the little 16 foot wide float, you know, with four five and 5.4 inches of draft is nowhere near touching the bottom and any of these at, you know, off low tide or

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off the the occasional moon lows. So, I just wanted to make sure that that's clear. >> Uh maybe I'll ask Dan since who's looked at this so closely. Do you feel comfortable with that, Dan? I I at this point I I I don't I mean in the end I

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think bottom line is we've got what we've got for regulations and I go with the three feet that we've got and say you've got to find a location that's got three feet. So I I guess I'll stop asking my questions and suggest we might want to

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monitor it this summer. That's all for me. >> Thank you. Um, and my comments will be, um, I think that these are floats. I don't think that this project should have even come before the commission. I don't, um,

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but I'm I agree with you, Dave. I I would like to see this close tonight, deliberate, and send this back to the harbor master. They've been working with Chuck and the harbor master with this. I don't think

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that we have much recourse. Um, in the past we've talked about setting precedent and we don't like to do that and this is completely set in something new because it's out in the middle of the ocean. I mean in the middle of the bay but I would

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condition it if for whatever reason these floats touch the bottom and did hit the bottom then they would be removed not relocated. So that would be sort of a hard stop com like I have no

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problem with this going forward and you know and then having this under the purview of the harbor master there are floats out in the middle of the harbor. Um that's sort of um my comment on that. >> So so you are saying we should we should

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monitor it carefully carefully this summer. >> Well you guys need to deliberate stuff. >> Yeah we have to deliberate. So, I would um since we just went I'll give um one more

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round of comment to uh Dan and Ronnie and then go from there if you have one anything less to add. >> I'm good. >> All right. >> All set. Thanks. >> I'll make a motion. I like make a motion to close.

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>> All right. Yep. Okay. question. Are we closing it and doing an order? Oh, right. Under ticket under advisement, right? Yeah. Okay. >> Correct. >> Yeah. Thank you. >> All right. We have a motion in a second.

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I will any questions. Jen, is there anything in the chat on this one or the comment? >> Nothing in the public chat. >> All right. Dave >> K I >> Dan >> Balman I

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>> Bonnie >> Duffy I motion to close the hearing taken on advisement has passed. >> Thank you Mike for your time. >> Thank you all for your time. I appreciate it. >> Cheers. >> Excellent.

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Next we have Anthony Aini Jr. and Ellen Aini 42 Squid Knocket Drive East with Mass for permission to reconstruct retaining walls, steps and deck and patio restore the coastal bank and install restoration and mitigation plantings.

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>> Yes, Mr. Chairman, I am promoting Mike Burcelli up to present his project. Mike, am I promoting Mr. Aini up as well? Um he's you don't need to promote him up unless there's something he need wants to say during the deliber uh during the presentation but he can stay

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in the audience until such time. >> Okay. Mr. Aini if you'd like to address the board please um use the raise hair and function. I'll promote you to a panelist. >> All right. >> Thank you Mr. Chairman members of the commission. For the record, Mike Borcelli, Felmouth Engineering, and I

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represent Tony Aini, who's here in the audience. Mr. Aini has um uh filed a notice of intent to correct some violations on the property. Uh he has uh responded to an enforcement

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order. He has uh presented his plans to you. We have worked um closely with your staff to resolve things relative to the unpermitted work that is proposed to be removed.

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And I think um I think we're there. Um I think we're at a place where uh you could uh close the hearing and take an advisement and issue an order of conditions. the most recent um staff report update

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had um um just confirmed that we made the revisions that were uh requested at the last goround and there were um two simple comments on the revised plans

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uh one of which is a good one for Mr. Ravini um the the uh number of required plantings can be reduced from what was proposed as 75 to a number smaller than that. I don't remember exactly because we hadn't adjusted it from a previous uh

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calculation. I think there's going to be a requirement for like 40 to 45 plants instead of 75. Um the one sticking point that I we have a res uh resolution for is uh in the placement of the mitigation

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planting. So I would like to share my screen briefly to show you that. >> Go ahead. Um this is the most recent plan. I'm going to zoom in on a couple of locations.

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Uh on the north side of the house where the dingo access is with these um black dashed lines, there are two uh colorcoded areas. One is um a cross-hatched area

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that originally we had proposed to be mitigation planting, but after look working with the staff and looking at photos um it is it is ornamentals now um that we were going to propose to be

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mitigation but it really characterized as restoration and cannot be counted as mitigation. it will be native plantings but it doesn't go to the number that you need to apply for

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um the total area of mitigation. This green shaded area we had wanted to uh use as the as a portion of the mitigation. Um staff believes that a portion of this

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can be used as mitigation but a portion should be restoration. So this area that I'm trying to circle with the hand on the mouse really cannot be counted as mitigation but will be restoration

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on the other side. All of this green will be uh mitigation. So that means um Mr. Aini had two choices. uh reduce the required area mitigation by reducing imperous surface

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and the only place left would be to take out some more patio which you'd rather not. But uh in working with your staff um they recommend that we enhance the uh take out some of the lawn in the Bzone

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to make up that shortfall. Um basically just this shortfall um that will uh have to be relocated mitigation. We're proposing to relocate over over here. So we we intend to um

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submit a revised plan. I'm hoping you can close the hearing and and make a condition that we submit a revised plan. and work with your staff to make sure they're satisfied on that exact placement of that mitigation and show the other area as restoration.

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I I think that's all that remained. Um if I'm happy to take questions. I I would like to say that um this is going to be quite an ordeal for Mr. Aini to correct. Um he's

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totally understands that he has to do it. Um, uh, Mr. Aini has had some recent health issues and, um, we're hoping if you close the hearing and then deliberate,

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uh, you have 21 days to issue your decision, when you do, uh, issue it, I'm hoping during deliberations, you can be considerate of the time frame for for which uh, he has to uh, complete the

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work. Um, if you close tonight, you're going to issue in miday. Um, contractors are in their most busy season. Uh, we've been chasing down some potential contractors. Um, it's going to end up being once we

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retain a contractor, it's going to end up being in the hottest part of a drought summer. So, we're hoping you could uh be sympathetic and give him time to do this through uh with some date

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no later than in the fall. So, he'll have time to get this all lined up the and get the plants ordered and then plant at the appropriate time. Um with that, I'll stop sharing and m Mr. Amen and I are both here to take

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questions. >> Thank you, Mike. again. >> Yes, Mr. Chairman. Thank you, Mike, and thank you to you, Mr. Aini. Um, Mike, we can we can certainly work with the time frame. We definitely want this uh the

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plantings to succeed. It's going to be a lot of work. It's going to be very um disruptive. >> Um the fall, I think, is an appropriate time to plant. Um, and we can build in some phases that have to be met throughout

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this the summer, but I definitely don't want to see this planted in July and then just fighting, you know, drought, you know, water restrictions if any and all of that. So, >> right, >> that certainly can be uh considered during deliberation.

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>> I'm sure Mr. Vinnie's more than happy to work with you with all that and have meetings on site or whatever has to happen. >> Thank you. That's all, Mr. Chairman. Thank you. >> Alyssa, anything to add? >> Just a note for the quorum. It's Dan,

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Dave, Ronnie, Steve, Bill. >> All right. Um, Commissioner questions. Dan, >> I have none. It looks good. Thank you very much. just good to see you going forward. >> Dave, >> and the same uh appreciate all the work

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to get this done on all sides. I hope that uh Mr. Vin's health is well, by the way, and uh thanks a lot and good luck, >> Steve. >> Uh same, no questions. Glad we're getting this done and thank

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the staff for being considerate about these landing schedules. Ronnie did off. >> So, the only two not on the quorum are Ron and Jim. >> Well, Jim, either you have a question

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for Mike. >> No, that's the same thing. I think it's great that you compromise and and accomplish this. So, good luck with everything going forward. >> Yes, same thing here. All right. If there's no questions, Jen, is there

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anything in the chat or >> nothing in the public chat, Mr. Chairman? No hands raised. >> Excellent. It's your pleasure. >> I'll make a motion to close. >> Seconded.

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>> All right. I got a motion to close and seconded. No questions seen. I'll call the role. Dan >> Walsh. Eye. >> Dave Pentai. Steve >> I >> Ronnie >> M I >> and FBI motion to close and take it

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under advisement passes. Thank you Mike. >> Thank you. >> Next we've got a request to amend an existing order of conditions. William and Elizabeth Scandel 314 Quisadav Falmouth Mass request to amend an order

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of conditions for mass DP255063 to include a new driveway connection and installment of air conditioning units and a generator. Jen, >> yes, Mr. Chairman, Mike Burcelli is still with us from Felmouth Engineering

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to present his amended request. >> Go ahead, Mike. >> Thanks again, Mr. Chairman, members of the commission. Mike Borceli, I represent the applicant. Um, Caitlyn Manfried may be in the audience. Uh, if something comes up, I'm I'm hopeful

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that, um, she's an architect and representative for the owner, but I've been working closely with Fallon on your staff. There's a couple uh things that um were unresolved on this project when it was originally

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approved. And if I could, I'll briefly share my screen. >> Go ahead. >> Some of you may not have been on the commission at the time this was approved, but this property is um 314 Quisit A. It's on Quisit Harbor. It's

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the former uh National Academy of Sciences. The property was sold by the academy to private um individuals William and Elizabeth Scandel and they're undergoing a pretty dramatic uh restoration of the main house to

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bring it back to the uh uh original uh era uh which was in the 1920s. Um, and they've proposed some they received an order of conditions for a few uh amenities including a sports court, a cabana, and pool. They're they're

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eliminating a a very large crush stone parking area, and they're re realigning the driveway. Um they also received permission to rebuild the uh licensed dock and they most recently uh received

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approval to undergo a uh extensive uh invasives management project on the coastal bank sometimes as far as through the trees and and it it hadn't been planned out but it suddenly uh came on the radar

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screen that we needed to find a home for a couple of uh elements that serve the house. One of those being uh air conditioning units and and another being a generator. So, um we thought it best to apply for an amendment instead of

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just installing them and dealing with it at time of compliance with so uh that's why we're here. Um due to the size of the house, um there's there's a need for um

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one, two, three, four, five, six, 7, 8, 9 air conditioning condensers. They'll be installed uh in a uh a vault, so they're below the grade or out of uh sight

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uh but open to the atmosphere for uh noise attenuation uh invis uh visibility um aesthetics issues uh as a result of comments from the historical commission.

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and and they'll also be hid they will not block some of the architectural elements of the historic house. Um the generator is proposed to be um placed in the uh grassy slope that

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exists between the cabana and a driveway. It'll be depressed with a low profile landscape wall just to attenuate sound and hide it from view. And finally, there's a small driveway

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connection proposed. Um, originally there was no driveway connection proposed to the cabana. There's a significant driveway system here, but there's no was no access to the garage door at the cabana. They uh

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decided that that they should have an access there. Um all of these things are uh adding imperous surface. But there was such a significant uh decrease in imperous surface

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from the current situation that uh we're still we still have a net decrease of just under 5,000 square ft of uh imperous surface. So that's after we propose

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these elements which add some minor impervious surfaces. So we're we're hope I've been working closely with Fallon. Um the staff report had no comments and we're hoping that

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you can uh vote to amend the order of conditions for this and I'm happy to take questions. Thanks, Mike. Jen. >> Yes, Mr. Chairman. Mike Fallon did have one comment. She just wanted to know if

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there was a generator needed for the carriage house or if there was one existing. >> Oh, yeah. >> Yep. >> It's okay. >> I did reply to that uh to her by email. So, the carriage house already has a generator in outside jurisdiction. So, this generator won't require like

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trenching or anything up to the carriage house. >> Perfect. Thank you. No more questions, Mr. Chairman. Thank you, Alyssa. Anything to add? >> Not at this time. Thank you. >> All right, I'll start with the staff. Steve, >> nothing to add, Mr. Chairman. Thank you,

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>> Dave. >> I'm all set. Ron, >> how big is that generator? Mike, >> you mean in kilowatts? >> Kilowatts in size. It's just for a house like that. >> Oh, it's like Oh, I don't have a uh

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kilowatt u rating. Um, but I think the footprint's about 4 foot by 8 foot. >> Wow. >> Okay. All right. That's all. Thank you. Good luck with it. >> Thank you, >> Dan. >> Dan, you're muted. >> No, no questions. Thank you.

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>> Yeah, Ronnie, >> take that as a no. Jim, >> I'm on the I'm not on the quum. >> Okay. All right. And I got no questions. Uh, Jen. >> Um, Jim, you are on the quorum. This is an amended order. It's the first time

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we've seen it, so you can you can vote. >> Oh, okay. Sorry. I thought Alysa mentioned I wasn't on it. >> No, it's okay. >> Now that you're on it, did you have a question? >> No questions. >> Excellent. So, I get nothing. So, uh, it's a pleasure. >> All right. Take make a motion to close

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the hearing and take it under adisement. All >> it's an amended order of conditions, right? hearing, right? >> Close the hearing and take it under advis. >> That was correct. >> Bowman second. >> All right. Any questions? Do you have

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anything in the chat? >> Nothing in the chat, Mr. Chairman. >> All righty. Well, call a roll. Steve. >> Dave. Pent. >> I Ron Priscali. >> Dan. Shai.

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>> Ronnie. >> Bman. I >> Jim >> Graphi >> and Duffy I motion to close the hearing taken revisement has been successful. >> Thank you very much. >> Thanks Mike. >> Have a great night. >> Have a good night Mike.

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>> All right. Request to an extended existing order of conditions. Town of Falmouth DPW0 Menot Road Falmouth Mass DPW 254278. Request for a three-year extension. Jen,

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>> yes, this is the bridge project we were talking about earlier. >> Um, and yes, they they they needed we need a three-year extension on this. So, the staff is recommending granting a three-year extension so Jim can get his

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bridge built. >> All right. Well, any questions, Jim? >> No questions, >> Steve. >> No questions, >> Dave. No questions, >> Ron. >> No questions, >> Dan.

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>> Let's see. So, Jen, do we do we know if they actually got approval yet? >> Um, last I heard there was actually some movement at Mousdot. So, it's being it's being held up at mast, but um I will double check with Jim McGofflin tomorrow and send you all an email and let you

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know the schedule. >> Otherwise, I no questions other than is three years enough? Unfortunately, >> I'm hoping it is. I really am. >> Ronnie, >> no questions. >> And I got no questions.

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>> I'd like to make a motion to close and continue for three years. Is that what we're doing from this date? >> You're extending the order of conditions for three years. Correct. You're approving that request. >> From this date. Okay. >> Fiscal second. >> All right. We got a motion and a second to extend this order conditions for

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three years. Any questions? None. Jen, anything in the chat? >> Nothing in the chat. Mr. Chairman. >> All right. Jim, >> no questions. Oh, Jim. I >> Steve. >> Dave.

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>> Can I >> Ron >> Driscoll Eye? >> Dan >> Walsh. I >> Ronnie >> Wai. >> And Duffy. I request for an extension on an exist for three years has passed. Next, we've got hearings under

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enforcement order. Charles and Maria Clark, 41 Davis Neck Road, found with mass unpermitted cutting, clearing, and expansion of hardcapes within conservation jurisdiction. Jen, >> um, I'm going to let Alyssa brief you on

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this one, but Jim just had his hand raised. >> I'm going to recuse myself from this. >> Okay, Alyssa. >> Um, yes, Jen. I didn't send a staff report so I can kind of just >> talk off the cuff here. Y

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>> um but we did schedule this enforcement order um for this evening. We are anticipating the filing of a notice of intent in the coming weeks. Um so we do not feel like we need to open this at this time. Um,

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but we have been working with the property owner and their engineer to get a survey of the property, identify the unpermitted work that took place. It appears that the work can be permitted with proper mitigation. Uh, so we're just waiting for that to come in. >> So, we're expecting a notice.

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>> All right. So, we don't do anything of this. >> Uh, just we'd like to continue it, keep it on the agenda. Um, >> uh, continue it till what? We're going to recommend um maybe a month month and a half out.

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>> Can we continue until we get a um notice of intent? >> Um it might be worth keeping it on the agenda agenda even past then just to ensure that you know the remediation does occur. Uh we've done that for a couple others but for right now it's

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just sort of here as a fail safe. Um so >> May 16th then it looks like it's a date I seen on on our packets is a month from now. Uh there's May 6th. That would be a couple weeks. Um Jen, I think we're just not meeting

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>> the 27th. So maybe we can bump it to the 13th or the 20th. Give a full length. >> Yeah, I'm thinking miday. Give Mike time to file that notice. So the 13th or the 20th I'm fine with. >> What's the board's pleasure? You >> continue to the 20th.

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>> Okay. >> I'll make a motion to continue this till the 20th. Pat second. All right, got a motion, a second to continue to the 20th. Questions? Seeing none, Jim. Oh, you're you're doctoring this. Uh, Steve,

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>> I >> Dave >> Panti, >> Ron, >> Briscoli, >> Dan, >> Paul Sean, >> Ronnie, >> I >> and Duffy, I six and one abstension.

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Next other business commission to vote funding for land management seasonal positions annually and purchase of equipment from the conservation fund. Jen. >> Yes. So the commi so the commission that you have what is called a conservation

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trust fund and it is to be used for the vote of the commission for um your mission which is you know stewardship of your conservation lands. Um, this bun was

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originally used to upgrade the halftime position, which was uh Fallon's position before she got it to a full-time. Um, that was done for the past two years. The fund was used to

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to supplement that. Um, and last year it was used to fund a seasonal employee. Now, the town is moving away from relying on the fund for staffing. So, that's that's currently taking effect. Um, but I would like to use the fund um

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to staff this year's seasonal position um for um a total of anywhere from 16 to 20 weeks depending if the the person we hire needs to go back to school or can remain until like the end of September, mid-occtober. And I would also like to

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use the fund um given um the given the presentation at town meeting um this year's capital budget is going to

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be very difficult and we do need to buy a a significant piece of equipment that will help us with our um our several land management projects. So, I'm asking the board to use the fund for the purchase of a K Cabota. What a C

416
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Kabota is is just like a small utility vehicle that we can use to get into our um parcels and be able to pull material and pull trees and logs and slash out and get materials in. Um several of

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these parcels are >> you know many of our parcels are several hundred acres and we just don't have the ability to get in there easily. Um the town I actually thought the DPW had a fleet of these things and I could just go and

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borrow one. But come to find out there's one at the DPW. It's in fairly poor condition and it is used by the parks department May through like we can't use it after May because they use it to um

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transition the bike path and they use it in um Goodwill Park. Um, so I talked to our former land manager, Mark Casperik, about this and what he thought and his response was he would have been able to get three times the amount of work done

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had he had this piece of equipment. Um, the the the purchase price of it is around $20,000. Currently, the fund has $22,000

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currently in that um fund. So, those are my requests and I'm hoping the board will um support them. Thank you. >> All right. Questions from the commission. Jim, >> no questions. I I think it's a great idea.

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>> Steve, >> I have no questions, but you will have a new hire in the department. We're going to hire a seasonal position like we did last year. >> No, not the seasonal. You have a full-time employee you're adding to your staff? >> No. No. No.

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>> Not with this order, >> but >> No. >> The K Cabota and the seasonal. >> No. Are you replacing Mark? >> We did replace Mark with Henry. That's already been done. >> Did you tell us about that? >> No. >> You didn't You didn't hear it before.

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It's okay. Steve, >> I read it in the paper. That's right. You saw him with >> Well, you all knew Mark retired. Of course, I was going to replace him. I'm sorry I didn't tell you, Steve. You should come in and meet him. He's a great guy.

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>> Okay, >> Dave. No question. Sounds great, can't I? >> Ron, >> does it come on a trailer? >> We have a trailer, >> right? and the DP if it doesn't fit on our mower trailer, the DPW, uh the fleet

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manager, Edward said I could borrow a trailer whenever I want. Okay, >> so good. I have no no further questions. Dan, >> so being one who goes out with Henry constantly to do the land and clear the things, especially after the storm, I can tell you I've carried a chainsaw for

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about two miles each way just trying to go out through land. So, it would make a huge difference in terms of time to be able to actually get a lot done. So, I think it's a uh the the the K Cabota, the quad, whatever you want to call it, it's a great idea. Um, so listen, one

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thing I didn't notic, excuse me, Jen, one thing I didn't hear out of the whole thing. So, you've got a cost for the K Cabota. What's the cost for the seasonal approximately? >> Approximately about 16,000. >> Okay. And you said there's two 202 in the fund. So, this is about 40 of it. So, okay.

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>> Correct. >> Got it. All right. No other questions? Ronnie, >> so would I. >> Excellent. And Dan asked the question I was gonna ask about the seasonal, so I don't have to ask anymore. >> Um, all right. I'll take a motion.

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>> Take a motion to approve the funds for the the intended purposes. Driscoll. >> Second. >> A motion, a second. Any questions? Seeing none, Jen, anything in the chat? >> Nothing in the chat, Mr. Chairman. >> All right, Jim Grant. I

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>> Steve >> Faty >> Dave >> Katy >> Ron >> Chrisalai >> Dan >> Walshy >> Ronnie >> B I >> and Duffy I motion passes to approve the funds for which they were designated

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for. All right next we got vote orders of conditions. The first one is Nicholas W. Peters, trustee, the 17 Green Pond Reality Trust, 17 Green Pond Road, Falmouth, Mass. Jen,

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>> yes, this is the small house that doesn't quite make that separation unfortunately from the limit of work to the structure. um >> on 17 Green Pond. Um staff does have concerns with the the

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future maintenance of the property if we don't maintain a a a usable um uh area around the house. Um it in your preamble to your uh buffer eggs,

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it does state that the commission at your discretion can basically require that no structure zone. Uh the board typically um requires 10 ft. That seems to allow for an overdig of a foundation

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and just general maintenance in the future around the house. This is going to be a um two-story house. Um I I just think it's needed. Um unfortunately, the project just does not

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meet um that setback. >> Thank you. Melissa, do you have anything to add on this? All right. Start with some commissioners. Jim, >> yeah, I I was at that property. I don't know how you put a two-story house there

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as well, but I I've got no further questions after the last meeting. >> Steve, am I on the quorum for this? >> You're not on either vote, Steve. >> Oh, thank you, Dave.

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>> Well, I sort of hate to vote to shoot a whole project down, but um I think we need to do it. I think need we need to require the 10. I agree with Jen. >> Ron. >> No, I think we would require 10 too. And also just if we if we vote this down,

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Jen, correct me if I'm wrong. We we're not voting with prejudice or without prejudice so that they can we're voting we're not issuing a lot of conditions for this project. They can come back at a future time even with the same project and and come before us again.

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>> Absolutely. The go to the zoning board and get their five feet from the zoning board and not from the conservation commission. Correct. There is a provision in zoning. I believe that if a project is denied, an applicant has to wait two years in order to return to zoning. That is not

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the case with conservation. If you do not vote this this order of condition, it will be denied without prejudice and they can return at any time in the future with a new project, the same project, whatever. >> Okay. Thank you,

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Dan. So curious, why did you ask that question? >> Why did I ask that question? >> Yeah, >> because um they haven't gone to the zoning board. They they went this project in 2013. >> And I looked at I looked at the regulations and they meet all three the

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three legs of the stool if you want to use the legal terms. I think they'd meet all three of them if they went to the zoning board now and get the five feet. >> I agree. I agree. And um so last this the town meeting they also adopted the seasonal community designation which if

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I understand it correctly and that's a big if um they got to go change a bunch of the zoning requirements including setbacks because part of the issue was how far did they have to be from the street and at some point the conversation was sorry that's

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the Coast Guard flying boat. Um, at some point there was a discussion about they wouldn't be allowed to get any closer to the street and I think that that zoning rule will have to change within the next two years. So I think they have a potential to build the house and move it closer to the street after that

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regulation's changed. So more statement than any question. That was all I had. >> Ronnie, >> I got no questions >> either way. I was I was thinking the same thing. I heard there's a lot of talk of tiny houses at uh town meeting

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and uh hopefully, you know, if you can wait a little bit, then the zoning laws will well at least be liberated a little bit for it to move back and then get the 10 ft. So, >> um so Jen, do we vote a condition here

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or we just choose not? >> What you do is you put a positive motion on the floor and if you do not want to vote for the project, you vote no. >> All right. I move to issue an order of conditions as extensively discussed. Drisk. >> Walsh. Second.

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>> All right. I've got a motion and a second to approve an order of conditions as extensively discussed. No questions. Anything in the chat, Jen? >> Nothing in the chat, Mr. Chairman. And um just for just a point of order, Mr. Chairman, when you're voting in order of

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conditions, the the the um project is closed. The hearing has been closed. So you cannot take any public chat during your voting order conditions. >> Perfect. Thank you very much for that. I will start with Jim >> McGrath. Nay >> Steve

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>> Dave >> no >> Ron >> Driscoll. No >> Dan >> Ral. No >> Ronnie >> and Duffy. No. Voter order conditions has not passed as extensively discussed.

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Next, Steven Augusta, 33 Oyster Shell, East Falmouth, Mass. Jen. >> Yes, Mr. Chairman. Alyssa, can you help jump in and help me out on this one? I did not bring my papers or my notes for 33 oyster pal.

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I'm like, where's the oyster shell? >> No worries. I have all all the notes. >> Okay. Thank you. There were three inches of them. Yes. >> Yes. Yes. There's there's a lot. Um so this order was filed to comply with the recent enforcement order issued by this

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commission to bring the property into compliance. Um to just get into where things have left off. um they have evaluated the property for

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um you know impervious surface and are proposing the appropriate mitigation along that southern property line. I think that was the blue area. Um so it is in the zone A to that salt marshian wetland. Um there was an outstanding

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restoration requirement. Um, there were some trees originally proposed in the order when the house was constructed to be placed in that already forested area to the north of the property. These were

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installed and they were cut. They were originally reproposed to the commission to be installed in shrub form. That did change as of the last revised plan. They are now still proposing to put trees back.

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um staff >> does not >> does not support that. I think it was better for the property with the shrubs. Um the trees have already been installed and bailed and also there's really no need to put more trees

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in that forest. Uh I think shrubs added to the property would be beneficial. Um they could go further down south next to the mitigation. There's there's lots of places they could go as opposed to where they were proposing them at the start of this process.

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Um they will need to update their plan to reveate the buffer to the east side where the dock is per the dock order from the '9s. There was a particular buffer that was required that is not on site and will need to be restored uh to

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be in compliance with that old order. Um, there's an extra float on the dock as surveyed. That float is not out there being the winter and it is not proposed to return. So, that's good there.

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Um, the other points of contention include the aspects of the property that are unpermitted and moving closer. There's a smidge of driveway, a tiny little edge of patio, and there is the reinforced

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grass pa area. When this house was approved, the reason the deck is in that weird arc was because that was the point in which no structure could move closer to the salt marsh. Um, staff argues there is structure.

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Um, so the staff would argue that those three items would need to be removed. We understand the reason for the grass pavers, but do find that some sort of matting or whatnot could be placed on

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the ground when the boats are wheeled in and out for a more sturdy surface. Um, the area should be restored. Part of that is located on a coastal bank. At least I don't know if it was a third of it, maybe a quarter of it was actually

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on a resource area. So, I would keep that in mind. Um, I do believe we were all set with the species and the spacing. It was just a matter of

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requiring reveation of that buffer strip for the dock, requiring unpermitted items moving closer to be removed and restored, and not supporting the tree placement. But perhaps entirely shrub or some

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combination of shrub and tree placement with the trees staked in the field for staff review. That would be my proposal for the commission to consider. >> Well, thank god that was only a short list.

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>> We've come a long way. >> They have. >> I'm clear, but I'm not brief. >> Mhm. Jen, would you like to anything to add to that? >> Nope. It's >> all right. >> Excellent. Jim, >> I have no questions. It was very thorough,

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>> Steve. Oh, you're not on this. Sorry again. My bad. Dave, >> no questions. Thank you, >> Ron. >> Just to clarify on the on the temporary ramps or the mats or whatever would they would be definitely temporary, right? >> They could put on temporary mats,

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>> trailer ramps or something like that. when they want to go in out of the garage, they use them for the wheels and then pull them up, put in the garage and and the grass is there. >> That's just our idea to to meet the same purpose without having something permanent. >> Yeah. No, I thought it could be

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anything. Great idea. Okay. Other than that, I'm all set. Thank you, >> Dan. >> So, I think it's all fine. I think the one it that's a good discussion because it leads you to the whole point of okay so if something temporary is used much like a float's temporary it's supposed to be taken up then there's a question of

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storage of that and where's the storage because you don't want the storage of whatever that is ending up in the resource area either so if if we're going to even suggest it we got to also make it clear that any storage of it has to be outside the resource area that's all I'd say the only other thing I can

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think of Ronnie, >> no questions. >> And I don't have much. Um I agree with um the list that Alyssa has proposed um and the structures, the permanent ones removed and work with the the homeowner

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for some sort of a matt structure that can be put back when it's not being used. All right. >> I'll make a motion to issue an order of conditions as extensively. >> Wait, I just have one quick question, one clarification. So, on the shrub

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material for the replacement of the trees, we're going to go back to Angela Tanner's previous plan, and I think she did like >> it was 3 >> 3.2 shrubs or 2.5 shrubs per tree. So, we're going to take that square footage

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and we're going to allow them to place that square footage somewhere in that a buffer zone or equivalent of that. They can break it up and put it on both sides. the equivalent of that a that square footage. Okay, understand. Thank you. Sorry.

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>> By a date certain >> should include that. >> Yep. >> Okay. >> Motion tuition order of conditions as a sensive discussed listed and questioned. >> Second, Walsh. >> All right.

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Any questions? Seeing none, Jim McGrath. >> I Dave, >> Ron, >> Driscoll, >> Dan, >> Paul, >> Ronnie, >> and Duffy. Motion to pass an order of

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conditions. Extensively discussing question is passed. Thank you. It doesn't look like there's anything else on this agenda. So, I will um entertain the >> I've got a process question. >> I got a process question. Just a question for

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>> as we went through this list, we got to the request to amend the existing order of conditions. Was that a hearing or was that really >> not a hearing? >> I'm trying to just understand the document as it went out because it I

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don't see it as listed under a hearing, but we closed it as a hearing >> for the amended order. >> Yeah, it was a hearing. >> Yeah, it's technically a hearing. Yeah, >> it is. Okay. All right. Yeah. >> All right. I'm just reading the the you

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know the agenda literally and going it isn't a hearing. So I was trying to get to the can we make a decision on it since it wasn't listed as a hearing. That's all. >> No, it is a hearing. >> Okay. All set then. >> Learn something new every time I come on this. So

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>> make a motion to adjurnn. Driscoll >> second. I >> McGrath I >> Good night all I >> perfect and Duffy I motion rejoin pass.