Heat. Heat. Good evening and welcome to the August 13, 2025 meeting of the FMA Conservation Commission. This meeting is being held virtually via Zoom video conference and is also being broadcast by FCTV on
channel cable channel 9. As this meeting is being recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. We have a full complement of
commissioners tonight. Thank you all for your dedication. Uh I'd like to uh remind the commissioners that for uh commenting I will call on each one of you in turn. So please refrain from speaking over each other. Also all votes uh are done
by roll call. So when the when I call your name please state your name and your vote for the record even if you made the motion or second it. uh to our public attendees. At any time during this meeting, you may enter any comments
or questions via the chat function. At the appropriate time, they will be read into the record. Uh if an attendee would like to participate in a particular hearing, let us know via the chat function and then at the appropriate
time um you will be promoted into the hearing as a participant. When you are selected, uh, you must have your video enabled, be succinct, and respectful of others. Public comments will be limited to three minutes each.
Regarding RDAs, under a request for determination of applicability, the applicant is asking the commission to determine if the provisions of the Massachusetts Wetland Protection Act and or the Fmouth Wetlands bylaw apply to their proposed project. A negative
determination is that the provisions of the act and/or the bylaw do not apply. Therefore, the project may proceed as proposed. A positive determination means the provisions of the act and/or the bylaw do in fact apply and or may
require some conditions. Therefore, the project would require notice of intent application. So, as an applicant, uh you want to hear a negative determination uh for the benefit of anyone waiting uh for a particular hearing tonight and so
that you are not waiting unnecessarily, the following hearings are expected to be continued. Um 42 Squib Knocket Drive, East Falmouth.
Um 33 Oyster Shell, East Felmouth. Uh 15 Moses Road, North Felmouth. Um uh 42. We already said that one. Um Steve and that is it. Looks like it's
all there is. So if you were here for that one, we're not going to be hearing that tonight. Hearing those tonight. So, um, we want to keep you hanging around that not nothing's going to happen. All right. First item on the agenda is
August 6, 2025 executive session minutes. >> Uh, Mr. Chairman, those need to be voted in an executive session. So, we'll skip those until that litigation is complete. >> Okay, sounds good.
um August 6, 2025 regular hearing. Mr. >> Chairman, I reviewed the minutes and I'd move approval. I have a question on the executive session. >> Um >> sure, Steve Bird will second the minutes
of of the public session. >> Thank you, Courtney. Thank you, Steve. All right, Steve, you got a question? Um it's just in other committees we have voted the executive session but not released them. >> Okay, Steve. Um
let me just double check that because we haven't done an executive session. >> I don't care which way it is. I just I'm just mentioning it. >> Okay, we'll just we'll just put them on the next meeting. I'm just going to double check. >> Thank you, Steve. >> All right, we have a motion and a second
to uh accept the August 6th uh meeting. Um, any other comments, questions? Hearing none, I'll call for the vote. Um, Courtney >> Bird I >> Ronis I. >> Ronnie, >> Steve,
>> Dave, >> can't I? >> Bill, >> Duffy, I >> and Robins is I thank you. Accepted the minutes. vote was unanimous request for continuance under an
enforcement order. Um, first up is Anthony Aini Jr. and Elaine Aini, 42 Squibnocket Drive, East Val, Mass. unpermitted reconstruction of a deck of
the deck, enlargement of the patio, installation of retaining features and clearing within conservation jurisdiction. I Jen, >> yes, Mr. Chairman, the applicant is the resident is requesting a continuence
until September 10th. >> So move second. Okay, we have a motion, a second to continue until the 10th, September 10th. Um, any other comments, questions.
Hearing none, I'll call roll. Courtney, >> I. >> Ron, >> Chris, I. >> Ronnie, >> I. >> Yeah, Steve. >> That work? >> Patton I. >> Thank you. Um Dave
>> Kent I >> Bill >> Duffy >> I unanimous um and it's continued until the 10th. Next up is Steven Augusta 33 Oyster Shaw
Lane East of Mass unpermitted removal of mitigation plantings and unpermitted installation of hardscape within uh conservation jurisdiction. Jen >> yes Mr. Mr. Chairman, the applicant is requesting a continuence until September
10th resident, excuse me. >> Birds are move seconds. >> Okay, we have a motion in a second. Any other comments or questions? Uh, hearing none, I'll call the role. Uh, Courtney >> Bird I. >> Ron Pisclly.
>> Steve Patton. >> Patton. >> I Ronnie. I >> Dave >> I >> uh Bill >> JY I >> Okay continued.
>> All right. Request for a determination of applicability. Um first up is um John Sullivan 38. >> One more. >> Forgot Marisol. >> One more continuence. >> Oh did I have Oh, Marisol. I apologize.
Sorry. Um, Joseph Marisella Sola uh, trustee John Joseph G. Marisola revocable trust 2018 15 Moses Road on Mass unpermitted enclosure of a rin
station in a velocity zone. Um, Jen. >> Yes, Mr. Chairman. The applicant resident is requesting a continuence until August 27th. >> Is that too full? Is the agenda too full at night?
>> No, that's fine, Cody. >> Okay. So, Birdso move. >> There's still a second. >> Okay. So, we have a motion and a second to continue to the 27th. Any other comments or questions? >> Hey, good. Did anyone come up with an idea for that that shower enclosure?
>> We haven't seen one yet. >> Okay. Thank you. >> All right. Any other comments or questions hearing? None. I'll call for the vote. Courtney >> Bird I. >> Uh Ron Driscoll.
>> Ron Driscoll. >> Driscoll. >> I. >> Steve Patton. >> Patton. >> I. >> Ronnie. >> Thman. I >> Dave >> I. >> Bill >> Duffy. I >> unanimous continued.
All right. Request for determination with applicability. Uh John Sullivan, 38 Beach Street, Felmouth of Mass, for permission to install restoration plantings. Alyssa. >> Yes. The staff recommends a negative two
under the state and negative three under the bylaw. Resource area boundaries are not confirmed. >> So move seconds. >> Any other comments or questions by the commission? Hearing none, I'll call a roll. Courtney >> I >> Ron
>> Chris I >> Steve >> Matt I >> Ronnie >> Walman I >> Dave >> I >> Bill >> Duffy I >> unanimous.
Um, second up is uh Michael and Brenda Doyle, 318 Acapesca Road, Felmouth, Mass for uh permission to maintain an exterior coil fiber array with additional
sand. Alyssa >> staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed. >> Birds move. >> Frisco second. motion and a second to uh move the question uh move the uh application.
Um any other comments or questions by the commission? Hearing none, I'll call a roll. Courtney >> I. >> Ron >> I. >> Steve I. >> Ronnie I. >> Dave
>> Kent I. >> And Bill >> Duffy I. >> Thank you. Unanimous. Uh, next up is On the Water Properties LLC 235 Edgewater Drive West Balmouth, Mass for permission to install
mitigation plantings in accordance with MASS D number 25-41 94, remove a small patch of invasive species and install a root barrier and remove three trees. Uh, Alyssa
>> staff recommends a negative three under the state and a negative two under the bylaw. resource area boundaries are not confirmed. >> Birds move. >> Fiscal second. >> We have a motion and a second. Um, any other comments, questions about the commission?
>> Hearing none, I'll call a roll. Courtney >> Bird I. >> Ron, >> I. >> Steve >> and I. >> Ronnie. >> Bowman. >> I. >> Dave. I. >> And Bill. >> Duffy. I. >> Thank you. That's unanimous.
Uh, Elizabeth F. Wademan, Wadman, I guess, trustee. David C. Wadman, irrevocable trust, 483 Central A found with mass permission to upgrade the existing sewage disposal system and to
reconstruct the western portion of the dwelling. Jen, I'm sorry. Yeah, Alyssa, sorry. >> Staff recommends a negative two under the state and bylaw. But resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. >> Birds move.
>> Frisco second. >> Okay, we have a motion and a second. Any other comments or questions by the commission? >> Hearing none. I'll call the roll. Cody >> I. >> Ron I. >> Steve. >> Patton I. >> Ronnie.
>> Bman. I. >> Dave >> I. >> Bill >> Duffy. I >> It's unanimous. Thank you, >> Mr. Chair. I think we skipped um 198 Associates. >> Oh, did we? Oh, goodness. Yes, we did.
Thank you. >> I don't have paperwork on that, so I wasn't >> No, it's being continued, so I think that's >> okay. >> Russ, you must already had a note down about it. >> Sorry, I did have a note on it. Um, yeah, one
more. Uh DA Elizabeth cats 198 Associates Road found Mass for permission to remove invasives and install a row of screening trees. Alyssa. >> Yes. The applicant has requested a continuence until August 27th.
>> So Burns move second. >> Okay. So we have a motion and a second. And any other comments or questions by the commission? Are >> we doing a whole Isn't she doing a whole bunch of other work there? on the 27th. >> No, the on the the 198 Associates Road.
Didn't they just approve a whole bunch of work? >> It was right next door. >> Yeah. >> Okay. Okay. No other comments, questions. >> Good. I'll call the roll. Courtney >> Bird Bird eye. >> Ron
Ron Ron Driscoll. Oh, Driscoll. Eye. I'm not You're not hearing me. I'm saying it pretty loud. >> Oh, okay. >> Sorry, Ron. We're not We're not picking you up. Sorry about that. >> Don't know why. >> Okay.
>> I >> Ronnie Bowman. >> Bman and I. >> Thank you, Dave. >> I uh Bill >> Duffy I >> Thank you. Thank you, Alyssa, for catching that. All right. Request to amend an existing
order of conditions. Black Beach Harbor head association 139 Little Neck Bars Road, Falmouth of Mass, request to amend the order of conditions for mass DP number 25-4921
to remove special conditions numbers 3 through 6. Uh, Jen. >> Yes, Mr. Chairman. I'm not quite sure if Attorney Wall will be joining us for this. Um, it's pretty straightforward
and the staff can let the board know, but um, just in case he'll be joining us later on, it is pretty We got to this agenda item pretty quick. Can we table it, please? >> Absolutely. >> Thank you. >> Can I get a motion to table uh, the
Black Beach Harbor Association? >> I'll move second. Thank you, Courtney. Thank you, Ron. Any other comments or questions? Hearing none. Um, I'll call the role. Courtney, >> I. >> Ron,
>> I heard you that time. >> Steve, >> pat. >> Ronnie, >> I. >> Dave, >> I >> and Bill >> Duffy I. >> Thank you. That is con tabled
unanimous. All right. Uh, next is uh Karen Olcott, Trustee, Small Cottage Nominee, Realy Trust, 141 Fair Road, Falmouth, Mass. request to amend the order of conditions
for mass DP25-4746 to permit 85 square ft of gravel in the A zone with mitigation and to permit gravel in the zone B um without mitigation.
Uh Jen, >> yes, Mr. Chairman, Miss Alcott is here to present her amended quest to the board. >> All right, Miss Alcott, the floor is yours. >> Hi everyone. Um, good to see you again. I think this is the third time we've
talked about this area. Um, which is a particular concern. Um, so after we uh met last time, I think it was on the 19th if I recall, um I went and met with
Jen and Alyssa on the 25th and had a PowerPoint of um what some proposals might look like. As you recall, my concern was the intersection of the um zone A and the zone B on the utility side of the of the house was
intersecting some windows and I wanted to see if there was flexibility to um to move that line of demarcation so that it wouldn't hit the window. Um and also, you know, as we've discussed before, um
the zone B without any mitigation. I had uh you know when we did this permit there was no designation for that area. Um I did not know it was going to be a problem. Um it doesn't seem like the interpretation of the regulation is very
clear on the matter for zone B. Um but on the zone A what I propose is moving the demarcation line and doing some mitigation. So I did review this with staff on the 25th. I then had um um
tried to make the a mitigation line line up with the house so it looks decent and it doesn't hit the windows. And I think you've seen that on the plan. And then I did um um put in some new mitigation in the areas that I discussed with Jen and
Alyssa on the 25th. Um and that was a combination of new plants and some plants that I took from the previous in um mitigation that was very tightly packed. It was some some of them were only a foot apart. So I tried to use use
those. So, um, the netn net is, you know, a proposal to have this new demarcation line on zone A and do the mitigation that's that I've done and that's been tabulated and is on Bunker's
um, survey. And that leaves me with an excess of 64 square feet of plants um, planted. Um, so Alyssa did come out last Friday and took a look at all of that. And then the note that I got Tuesday
night was, um, you know, I had asked her, I said, with this extra mitigation, is there anything I can do with with that? Um, and there were some stepping stone areas. I submitted something this morning from Bunker and Jen said, you know, we don't have a lot of time to
review that. So, I guess my hope is tonight is if we can at least get some sort of agreement or settlement on this pearavevel area. Um, and then the mitigation areas that um I I assume that
they're okay because it was reviewed with staff and then the question is, can I do anything with this extra square footage of excess mitigation? And the reason for the excess mitigation, not that I wanted it, but um you know when Bunker came out and did his plant count
and put everything on the survey, um I had overplanted. So that's that's the question and the and the question is if we can settle on um you know a solution for this utility side of the house um where I have mitigated part of the um
zone A area um and move on from that. >> All right. Thank you Karen. Um Jen. >> Yes Mr. Chairman. Um, we didn't get to review the mitigation areas before Miss Alcott planted them. So,
we never authorized going ahead and planting mitigation plantings. We said it could be possible. We needed to go out and review and we were not given that opportunity to review the areas prior to Miss Alcott planting them. Um, two, the board needs to determine whether or not, you know, you want the
mitigate the gravel mitigated for. That was the whole point of this. Um, and three, I am not prepared to talk about the stepping stones. We told Miss Alcott she had the opportunity to continue. We got a plan at 12:30. They've withdrawn that. And this board is not to consider
that because we haven't had a chance to evaluate the plan. They withdrew it this afternoon. And now we hear tonight Miss Alcott is asking for the stepping stones again. >> Well, I'm just I'm just asking will that be a possibility? And you know, if I'm not following the procedures right, I I
apologize. Um, I had thought that the mitigation the powerpoints that I showed you on the 25th indicated exactly where the plants were going to go. So, I went ahead and did that. You are correct on that. Um, I apologize if that was out of order. I thought that I, you know, got
the buy in that those were places that were possible. And so, I've been >> possible but not permitted. And I do believe Alyssa and I both specifically said, "Please do not plant until the board goes out there. do not do any more work out there until the staff and the
board go out there and evaluate it and you continue unfortunately to do work without the authorization of the staff or the commission. >> Okay. My apolog I thought that I was doing it very coop
cooperatively by coming in and showing a PowerPoint and discussing it with you all. My apologize if that is that was not the right way to do things. I apologize. at this. >> Miss Alcott, you were it was fine for you to come and talk to us. That's great. We appreciated that. You then
went and did work again without staff authorization or the commission's approval that these were appropriate planting areas. >> My apologies. I'm just trying to get through this after being at it for five years. >> I apologize.
>> That's all I have, Mr. Chairman. Russ, you're on mute. But if you called on me, I have nothing at this time. I would listen to catch me on everything tonight. Okay. Any uh comments or questions from the commission? Courtney.
>> Um yeah, I have to second what uh Jen says. I mean, you know, the you don't do work e even though it's permittable, you don't do work before we give it our
official blessing, you know. I mean, that's that's the um the process. Um would we have permitted it had we met? I I'm assuming we could, but you know, um,
like you, I want to get through this. And, uh, I think if you want to put stepping stones in, you can come back and file for an amendment. I know that's an expense you don't want to assume, but given the fact that that plan came to us
this afternoon. Um, and we usually require a week in advance so that we have a chance to review it, >> possibly go to the site and look at the conditions. >> Yeah. >> So, we're able to talk about it reasonably intelligently. >> Yeah. I I do I I understand that that I
was just given that I had the excess um square footage. I was trying to figure out, you know, if things could be done efficiently and I apologize if if that was too late. And um I I was just I I'm trying to get through each one of these issues as as well as we can. And so um
>> I appreciate that. >> I I'm not trying to do the wrong thing. I'm just trying to um do everything I can to move this along quickly. That's >> right. I All I can do is apologize if I didn't if I didn't do it that in the right order.
All right. >> I don't know. >> All set court. >> Yep. >> Okay. Ron, >> the only thing I say is we need a continuence. We get one amended order that takes care of everything and we make one vote. There's no way we can separate the peace, the mulch, the the
un unpermitted planting. So that's my only comment. >> Okay, Ron. Thank you, Steve. I support that comment. >> Thank you, Steve.
>> Uh, Ronnie, look like we're putting the cart in front of the horse. And I agree with Ron and Steve and Courtney. >> Thank you, Dave. >> Same same attitude. Let's do one more one more vote and get this over with.
>> Sounds good to me. Bill. >> Um, my share the sentiment of the rest of the commissioners is something I was going to bring up as well. >> All right. Anyone have anything else? Ma, are you all set?
>> Could I just ask a clarification kindly? Um, would you like me to go remove the plants that I have planted? Is that what I should do? I is there other filings
that you need me to do? Um I I do know Jen, as you know, Duffy does have the ones with the stepping stones. I can resubmit that. I'm just I'm a little bit I don't quite know what action to take. >> It's okay, Miss Galcott. We're going to continue this.
>> Okay. >> Again, one last time. Have Tom submit his plan. >> Yeah. >> Let the staff review it. We will go out again and review your planting areas so that we can determine if there are
enough. We're going to have to see what you what you transplanted out um and what you added new. We're going to need to see that. >> Okay. >> Okay. And um we can do that late next
week. There is no meeting next week. There is the meeting on the 27th is fall. So, it looks like September 10th is the next time we can meet and put this on an agenda. And hopefully by that time, it'll give us all a chance to meet out there with you and get this buttoned
up once and for all. Um, I understand that you know you the stepping stones that that you have access. You decided to put them back. That's fine. >> I did not put them back. I did not put them back. They're not No, they're not there. >> No, no, no, no. I understand that. That you would like to put them back. >> That's what I asked Alyssa. Could it be
possible? But we need to look at the plan because we need to see if there were other changes made to the plan there. Unfortunately, this project has had multiple changes, multiple additions, you know, things, little tiny
changes, and we take great care to review each plan before it comes to the commission. Um, unfortunately over the 20 years that I doing this, you know, somebody will say, "Oh, this is a small change, but they've changed something else on the plan." We need to do our due
diligence for the town and for this board and make sure the plan is correct. So, we couldn't do it this afternoon. You withdrew it. The board has decided, you know, you want that. We'll continue to you to the 10th. We'll go look at your planting areas and then we can make a recommendation to the board. Please
don't remove anything. Please do not plan or transplant anything else and we'll go out and we will work with you. Okay. >> Okay. And if there are any other changes that I wish to make, now is the time. Is that correct?
>> Correct. And you'll have time because we'll try to meet you out there. Try we'll have to look at the schedule and I have something coming up that I >> don't know when it's going to be scheduled. >> Yes. I would like we'll go from there >> if if that if if that's possible. >> Yes. You would like it what?
>> I I would just like to meet with you all when you're here rather than just be >> No, I understand. >> Yeah. I just want to make it clear that if we're going to continue this till one that the 9th or whatever it is the first
meeting in September that any change or revisions that you want to make, they have to submitted have to be submitted in at least a week in advance. And I would check with staff to make sure that that time frame if there's a
holiday like Labor Day in there that uh you know it's seven business days or whatever it is you know make sure you're clear about that so that we don't have a situation where information comes to us too late.
>> You don't want to put it off anymore. >> Understood. >> All right. Dave, did you have something? Yeah, just quickly make sure I understand this and no more work will be done before the next meeting. Correct. Before before we before you come here
again, no more work will be done. Correct, everyone? >> No, I No, the the plants that I planted were after the meeting on July 26 25. I thought that was okay. I made an error, right? >> I'm referring I'm referring to the next meeting. Make this clear. I think I'm clear on it, too. >> Tonight,
>> no more work to be done before the next meeting. Correct. >> Correct. >> That's it. >> All right. Thank you. >> Let me be clear. Our message is so she's got to unpling. She's moved or we leave.
>> No. What are you doing, >> Courtney? Don't confuse things. >> That's why I'm asking. >> Yeah. No work. >> No more work. >> No work. Nothing. No changes. >> Fair enough. >> I just want to be clear. >> Okay. Okay. >> Can I have one one other detail? Maybe
Alyssa can. How long do I have on this permit before it times out >> approximately? >> I I don't know off the top of my head. Jen, we'd have to look when the order was issued um and add on the tolling. Um we can look into that for you.
>> Okay, that would be helpful. Thank you. >> Yep. >> Sorry. Sorry that I if I didn't get the order right. I wasn't trying to do things underhanded at all. I was just trying to move things along quickly and I thought that I had the right to do that and apparently it was in error. So I do apologize as I've said before.
>> All right. >> No worries. >> Alyssa, did you have something to add? >> No. Um Courtney added it. I just wanted to let Miss Alcott know that whatever changes you'd like, we do need a revised plan that shows everything so the board
can evaluate everything. Um and at that time they'll also determine if those planting areas are appropriate. >> Okay. >> Right. Uh Courtney, >> one other question. If the uh order of conditions is close to running out,
maybe she needs to also submit a request for an extension and file that in time to for that meeting if you >> I'll check that tomorrow morning, Courtney. >> Huh? I'll check it tomorrow morning. Okay,
>> very good. >> I don't need another hard throw. >> Very good. Um any anything else? Can I get a motion to continue? >> So move. >> It's to the ninth. Is it?
>> Second. Bowman. >> Was it the 10th? Jen, >> the 10th. >> The 10th, Mr. Chairman. Yes. Okay, I'm moving to continue this to the 10th >> second. >> Second by Ronnie Bowman. All right, any other comments or questions? Uh, Jen,
>> just the public chat. There's nothing in the public chat, Mr. Chairman. >> Thank you, J. >> Um, all right. I'm going to call the role. Courtney >> Bird I. >> Ron Escali. >> Steve I. >> Ronnie.
>> Coleman. I >> Dave >> Panti. Damn. Bill >> Duffy I >> is an I unanimous to continue to the 27th. >> Thank you Miss Alcott. >> Okay. Thank you.
>> All right. Uh continued requests to amend an existing order conditions. Uh Benjamin Carol 357 westbound with Highway with Mass. uh request to amend
the order of conditions mass DP254777 to reduce the footprint of the proposed work and reduce the amount of required mitigation plantings. Jen. >> Yes, Mr. Chairman. I have promoted Cameron Larson from EC ECR
ECR. I always get that wrong. Um to present his amended request. >> Thank you, Jen. Good evening, Cameron. >> Uh, good evening, commission. So, yeah, for the record, Cameron Larson with ECR representing Ben Carroll to present this request for the commission. Um, the
commission had approved or had issued an order of conditions back in 2022 for a uh single family home raise and rebuild at this property. Um, the project has moved along. The home's been um demolished and removed from the site.
the applicants um undertaken some mitigation at this point. Um but plans have kind of changed with the with the actual new house. Um it's been scaled back quite a bit. The uh the new house is actually a reduction of almost 1,000
square ft. Um the majority of this well the whole house is outside of the buffer zone. There was a uh pool that was initially permitted to the rear of the home with a patio that encroached into the 100 foot buffer. um that >> Excuse me, Cameron. Do you have a plan to share with the board?
>> Yeah, no problem. >> Thank you. Maybe if you just bring up the plan and talk it through, they could visualize it a bit better. >> Thank you. >> Good point. >> Here's our plan that's been submitted with this request. Um I do have a copy of the originally uh permitted plan we
can take a look at as well, but to orient yourself, here's West Falmouth Highway to the west. North is up on this plan. Here's our new footprint of our home. The 100 foot buffer here shown in green. Um, as I was saying, the pool
that was previously approved in the back of the home has been removed and they are just proposing a patio to the rear of the home. So, um, a portion of this patio is still within the jurisdiction of the commission. It's the, you know, outermost buffer zone there. Um and it
totals 270 square ft now compared to the 680 square ft that was previously approved within the buffer zone. So obviously you know a reduction we see this as a good thing. Um you know as designed initially this project was you
know in they made a great effort to keep things as far from the resource area as they possibly could. Um so with that reduction we've also done a recalc mitigation. Um it is in a zone B. So we
are proposing mitigation at a 2 to one which requires um 540 square ft. Um what we did we we came up with a calculation for the number of shrubs at 3 feet on center very similar to what we had done initially and that gives us 70 shrubs to
plant across 540 square ft. Um what we have done since the uh initial mitigation area was uh a bit more expansive. Here's our new mitigation plan. We've essentially taken those 70 shrubs and we're planning to space them
out over a larger area. So, we're going to we're going to restore 1,500 square feet using those shrubs in a native seed mix. Um, all the protocols, all the species are all aligned with what was initially permitted. Um, the applicant has undertaken some mitigation already
under the current permit. Um, if you recall, there was a significant infestation of Japanese knweed out here. um that has gone through a round of treatment. It has been um very successful up to this point. Uh we we were on site last week, myself and Alyssa to take a look at the site. We
looked at the uh mitigation and notweed area. Um it's done very well. It's uh there is some coming back. There will be, you know, future treatments of that, but um all in all, it's it's coming along very well. We did provide a a monitoring report, so that is in the
record now. Um, >> and then one other thing or two other things that I'll bring up that that came up during our um staff's review. Um, I'm going to point to the existing building here in the northern p portion of the property. Um, it's an existing building.
There were some renovations that were approved, as I understand it, under an RDA. There's a small deck on the back of that existing building. Uh the applicant was under the impression that that was uh the the reconstruction of the that deck was covered under the RDA. Um at
this point that deck's been removed. Um and he'd like to re rebuild it in the same the exact same footprint, just a small wooden deck off the back. Um so our intent here is to, you know, show that on the plan and have the commission approve it with this with this amendment. Um, then one other thing that
Alyssa did point out is the uh the Keystone driveway actually extends right up to this existing building. So, I do owe you guys a revised plan that shows the Keystone up to that existing building and then a clearer note stating
that that um deck is proposed to be rebuilt. Um, but aside from that, that's that's what we have in this request. Um, and I'd be happy to address any questions that the commission may have. Russ, are you all set? >> I'm all set.
>> Okay. Um, Cameron, can you tell me about your your statement about you're going to um uh the 70 the 70 shrubs over the 1500
square feet? Can you clarify that for me? >> Yeah, sure. So, uh, we came up with the 70 shrubs based on what's required. Um, so we computed the 2:1 square footage, which gives us 540 square feet of mitigation required. And then the bylaw,
we're spacing shrubs at 3 feet on center. So if we were to go forward that mitigation, it would require 70 shrubs to vegetate that 540 square feet. Um, >> 1500 square feet. You said 540.
>> What was I'm sorry. So what was required is 5 and um 540 square feet of mitigation. >> Okay. >> And so we use that to come up with the quantity which is 70 shrubs. And what we're doing is spacing them out
over a larger area. So to create a vaster buffer zone. Um but it's also already under construction essentially. You know they've been he's cleared out the Japanese notwheat in that area. So, it has to be filled in anyways, that 1500 square f feet. Um, so we're doing
what's required. We're just spacing it out and creating more of a buffer between that wetland and the project area. >> Yeah. So, the concern I have is like it's being overtaken by weeds, wild flowers, whatever. Right
now, that spacing is going to be 70 over,500 square ft is a spacing of about 55 in. Um, and we can see now how it's being overtaken by herbaceous material. How
are you going to prevent the shrubs from being overtaken by herbaceous material in the larger area? >> So the weeds and the wild flowers that you're referring to, those were all that was all part. >> Yes, correct. So that was all part of the intended mitigation. U there was a
native seed mix that was applied to the area u which has done it's done excellent. It's created a a very good area, a good pollinator habitat. Yes, there are some shrubs that are interplanted in there that are, you know, being overtaken per se by the by
the wild flowersowers. Um, you know, so we we have we will continue to monitor monitor that. Uh, we've documented what I could observe at the um visit. There was um about 50 to 75% of the shrubs that have been planted at this time,
we're estimating, have survived. Um, some of those will be replanted obviously. Um, but again, I mean, if you're, you know, if we're looking at this as a whole, you know, maybe the commission's putting more weight in the value of shrubs over the the wild flowers. Um, I'm not sure that's
appropriate, but um, either way, we're going to be monitoring the condition of the shrubs and, uh, we certainly expect that they'll there'll be a requirement to, you know, a certain survival rate. >> Why wouldn't it be appropriate? Uh, no. We expect we expect that there
will be a requirement for a certain amount of um the shrubs to survive. >> But that's not what I asked. You just made the statement that you didn't think it was appropriate for this board to weight shrubs over wild flowers. >> Yeah. No, I think
>> why you didn't think that was appropriate? >> Because the wild flowers provide excellent habitat for other things. you know, the the shrubs, the fl the shrubs provide great habitat for for whatever it is, you know, wild blueberries and things like that, but the pollinators
use a a large amount of those wild flowers. So, um you know, I don't think one should be weighted more than the other. I think you were it seemed like you were >> it seemed like you were suggesting that the the we should use shrubs instead of the wildflower mixture. >> I'm just suggesting Cameron that I don't
want the How big are the shrubs that you're planting? What gallon size? >> Two to three gallon is what we're proposing. >> Two to three gallon. So my question is and we've seen multiple projects recently where wild flowers grasses and things are out competing the shrubs. So
that's what my concern is is it is already being out competed by the wildflower mix because neither you your staff at ECR or our staff could even find most of the shrubs in there. And
now we're taking those shrubs, we're spreading them out over a larger area, which is fine, but then we're going to add more of the the wildflower mix, which again is going to come out and out compete the shrubs. So that's just my concern.
Um, that's all, Mr. Chairman. And then we're asking for the little addition on the back cottage area to to be reconstructed in this in this permit. Correct. >> Yeah. Right. with that. >> Yeah. Okay. >> Correct. >> That's all that's all I have, Mr.
Chairman. >> Thank you, Jen. Elissa, >> nothing to add. Thank you. >> All right, go ahead. What do you got? >> Um, I I've been I drive by that project
every day and it just saddened me for a long time to watch nothing happen. And you know the it's sad that you guys didn't act sooner uh to um save that
original um old what was it 1700 dated house was one of the original houses in there and I think you could have it was sad to see it fall down but you had you had no choice by the time you moved. Um,
I hope that whatever you put in there is appropriate. Those are my only comments. >> Thank you, Courtney. Uh, Ron, >> now I'm also at Jennifer addressed the the the shrub issue I was worried about. We taking it was on it was on three foot on center and now aren't we going on
four foot and center and and you you >> 55 on 55 in on center. So five feet. So So it's somewhere in there. So that's that was my concern, but it's it's been addressed. Thank you, >> Steve. >> I don't have anything to add. Thank you for the opportunity.
>> Thank you, Steve. Ronnie, >> seems pretty straightforward. Keep moving forward. >> Dave, >> my questions were answered by the previous discussion. Thanks for that, >> Bill. >> I have nothing to add, Mr. Chairman.
>> All righty. Thank you. Um, what's your pleasure? Make a motion to close the hearing and take it under advisement. >> Disco second. >> Here we have a motion to close the hearing, take it under advisement. Second from Ron Driscoll.
Any other comments or question from the commission? Hearing none. Jen, any uh anything in the chat? >> Nothing in the public chat, Mr. Chairman. >> Thank you, Jim. All right, I'm going to call a role to
take this hearing um in under advisement. Courtney >> bird eye. >> Steve >> Patton I >> Ronnie >> Coleman I >> Steve I
not sure >> Duffy I Robins's eye. uh unanimous to close this hearing and take it under advisement. Thank you uh Cameron. >> All right. Thank you. And just for clarification, do you guys uh deliberate
and vote at the end of the meeting or another day? >> Another day. We'll do it on um the 27th, Cameron. >> Okay. Excellent. We'll follow up then. Thank you guys very much. Have a good night. >> Thank you. >> Thank you. >> All right,
>> Mr. Chairman. Um I don't see attorney wall, but I can explain the amendment. It's It's not very complicated if you want to unt uh 139 Little Net Bars. >> Okay, great. Um can I get a motion to unt
Little Neck Bars Road? >> So move. >> Discussion and a second to unt um call a roll. Bird eye. >> I
>> I >> Duffy I >> Duffy. Sorry. And Robins is an I. Um we're on table. Go ahead, Jen. >> Okay. So, this is going to be a little bit um
may be a little bit confusing for the newer members, but um Steve and Courtney definitely will understand it. Rob, Ron, I think maybe you were part of this. >> Yeah, I was in. >> Okay, so we had a notice of intent filed
for a gate. The gate is located at 139 Little. It's on the property of 139 Little Neck Bars Road. It is a path that runs from the bike path to the end of Little Neck Bars Road. Um the neighborhood association and the
property owners at 139 proposed a gate. This board approved the gate with several conditions um because there was overall community concern that the gate would block access to public parcels at
the end of Drift Road. It's an interconnecting roads. It goes Little Neck Bars down Black Beach to Drift. Um the conditions were the gate should swing towards Little Neck Bars Road and not into the bike path. There was a
condition that there would not be a lock on the gate. There shall be no blocking of the gate at any time from the inside like a boulder or like snow or anything where nobody could open the gate from the bike path in and signs that it you
know it is not private property you know and um um you know no trespassing signs on on on this gate structure. The applicants appealed and they appealed under the Wetlands Protection
Act and under your bylaw. And during the bylaw appeal, the association in the town came together to try to come to some sort of agreement to allow the state to remain and to address the community's concerns. Um that resulted
in sort of a covenant being drafted. um the covenant um addresses the concerns of the town of the community and of the neighborhood association. So what the the amendment is seeking is to
delete special condition number three which is the gate shall swing into the little neck bars road and not towards the bike path. Delete condition number four concerning the lock on the gate. condition number five of blocking of the
gate and condition uh number six regarding the signage on the gate. And all of these are addressed in the covenant that this board or a previous board has seen in executive session and approved. We worked with the former
chairman Jamie Matthews and uh former commission member um Betsy Gladfelter were part of the town's uh working group with the association. This basically all those conditions are addressed in the covenant and are
enforcable by the town um or variations of those amendments. Um, so, um, I've been involved since day one. Um, and I would suggest the board,
uh, approve, um, you know, consider the amendment, close the hearing, and during deliberations, we can approve. The staff has no concerns with this request to amend.
Is that is that clear to everybody? pretty clear to me. >> Yeah. Um Alyssa, did you have anything you wanted to add? >> Not at this time. Thank you. >> Thank you, Courtney.
The thing that troubles me about changing this is if there was a negotiated covenant uh in which the there was an agreement that was beyond the scope of this commission that agreed to these conditions then I don't think we should
be changing them. That's my >> Courtney. This was presented to you in executive session. The board the board like endorsed it. Well, I'm then I'm confused. These
conditions were agreed to by a covenant. Are you correct? >> Yes. These the condition the conditions are addressed in the covenant. >> Right. Okay. >> So, um and and now they're coming to us
and saying they want to change them. >> No, it was always part of the thing that we negotiated the covenant. the covenant was was um negotiated to address the concerns of the town
which was we were on the side of the community um and then you know to address the concerns of neighbor let me take for instance the gate Courtney there were bolt cutters in both of the cars both of the town our town cars if we find a bolt
a g a a lock out there we're taking it off and we're alerting the the um the association that we have taken it off. I mean it's you know this was a way to address the concerns of both the
neighborhood and the town >> and in that >> both the amendment and the covenant are going to be recorded together. But in that covenant, it specified under one of those conditions that the gate would
swing in toward um Little Neck Bars Road, not toward the bike path. Now they >> Yeah, it's going to swing into Little Neck Bars Road, not to the bike path. >> Okay. >> What is being modified then? I'm confused. >> Courtney, if I can, we're basically
taking these conditions from the order and putting them on the covenant. So they still exist just on a different piece of legal paper. >> Correct. >> So you guys approving this is contingent on them um recording everything. So we just need all the paperwork to match. So
it's not in two places. You know what I mean? So we're taking it off of here, putting it onto the government. >> So >> you guys, town council, their council, everybody agreed this was >> these conditions were not these these three through six conditions are not part of the covenant. Is that what
you're saying? They are in a just a different wording, different capacity. You guys have seen it and agreed in the past. I I don't recall when exactly. Probably several months ago. >> I guess I understand. I'm I'm sort of confused on this now.
>> Courtney, trust me. >> Oh, I always do. >> I know you do. Trust me on this one. Okay. >> Well, at the very least, I'll abstain. >> Okay. Right.
Uh, Ron be the same thing and under a different a different piece of paper filed legally. So, I'm all set with it. >> Yeah, sounds like the right move. >> No call then. >> Dave.
>> Hey, J. I ask a question just so I can try to understand. I'm going to vote the way you want me to. away away. Whatever. I didn't even say that. I'm sorry. That's appropriate. Inappropriate. Condition three. Uh it said the conditions removed, but you just said, "But it's still going to open toward the
in the old direction." There's different word. It's been replaced by different wording. Is that what I'm hearing? >> It It's just I don't I didn't bring the actual covenant with me and I apologize. Hang on, guys. >> That's okay. But something something else that keeps it moving in will will
replace the condition. Okay, that's what I understand. And I apologize for my uh bad wording. >> No, no, no worries. No worries. No worries. >> Phil, >> thank you, Jennifer. Uh that your explanation answered all the questions I
was going to have on this issue, so I'm good. >> All right, Jen, is there anything in the chat? >> Nothing in the chat. I did find the covenant. if the board would like me.
Yeah, most of this has to deal with um you know basically obstructing. The whole point was for the gate not to be obstructed either by a lock, a boulder, snow, whatever on the inside. Um so this
covenant handles that. As Alyssa said, it's just slightly different wording and the two documents are going to be recorded together. So the board, you're you're covered under this document. >> So, >> and there's nothing in the chat, Mr. Chairman. >> Thank you.
>> Again, my question becomes if the condition was the gate has to be in swinging, you're changing that. >> No, we're not changing that, Courtney. >> Okay. So, can you could I guess you could mail email that out if uh if you want.
>> I can. >> Okay. >> I can. And and just so the board knows, this covenant was also had to be agreed upon and voted and endorsed by the select board, which it was because it's also involved the select board.
>> Wonderful. >> All right. So, I guess we're looking What would your pleasure be? You want to close this or? >> Yes. >> Motion to make a motion to close the hearing. >> Driscoll >> and second. >> Thank you, Steve. Thank you, Ron. A
motion by Ron to close the hearing and a second by Steve. Any other comments, question by the commissioners? Okay, hearing none, I'm going to call for the role. Uh Cordney stayain. >> Brisco I
ran. Steve >> Patton I >> Ronnie >> Bman I >> Dave >> I >> Bill >> Duffy I >> and Robbins is I. So with one extension
and six eyes uh the hearing is closed. All right, let me see here. Um, hearings under enforcement. Um, the 42 Squid Knocket has already been read
and continued. Um, so next one on that list is Cell Lane Community Association, Inc. 0 Deersville Road map and parcel number 40-11-013-0000 east mass unpermitted clearing cutting
and construction within the flood zone and within the buffer to a salt marsh Jen. >> Yes, Mr. Chairman. I'm going to kick this one over to Alyssa so she can brief the board. And in the meantime, I am
going to promote a Seb Agapite uh up. He uh we were told is going to represent the Sea Shell Lane uh community. >> Melissa, the floor is yours. >> Thank you. Um, so as the commission
might recall, we did see a project under a notice of intent on this agenda for quite some time regarding a potential dock expansion for the same property. As we noted during that process, staff had discovered um a few violations on the
property that we were working to remedy. Um, one thing led to another and that proposed NOI was withdrawn. So, we have um placed this matter on an enforcement hearing to keep the ball rolling and continue to resolve the violations on
the property. Um to put it brief, it is a piece of undeveloped land that is owned by the association. It's technically an open space parcel according to um planning. uh you we we will be asking for a plan to
be submitted to the commission but just to describe it there are a few homes that abut this piece of property um see word of those homes there has been some clearing some construction and some installation of
hardscape um both over the property line and on this piece of open space parcel some of that clearing has occurred in your buffer which per the regulations will need to be restored board. Um some has also occurred just in the flood zone. Um there are times where this commission allows projects to occur in
the flood zone. Anything from construction to clearing. Uh being an open space parcel and the requirements of this parcel was that it was to remain completely naturally vegetated. The staff is recommending that those areas are restored as well. Um it would benefit the commission to have a plan
submitted where you can actually see what we're talking about. how much um of this clearing occurred in the buffer versus just in the flood zone. Um we are also waiting to hear from a couple other town departments as to what their requirements might be. So we are
suggesting that the commission continue this hearing so that the association can work together um produce a plan which we believe is mostly complete at this point. submit it to you guys for review. Um figure out a way for you guys to uh
access this open space parcel with the association permission so you can actually get a feel for what we're speaking about um and determine how to move forward. >> All right, Elsa, thank you. Um Seb, I see you up here. Do you have Can
you turn your video on? Here we go. You're also muted, sir. >> Yes. Good. Good evening, Commission Saga. Um here I'm the treasurer of the Sea Shell Lane Association and representing
the association. Um I agree with um Alyssa's assertions. Um uh we would also like uh for a continuation ideally uh to October 13th. Um during which time I would also like um to request
um I think Alyssa had put forth a a detailed mitigation plan. If you could put that um on letter ahead um and send it to us. Some of the neighbors had asked for that. Um additionally we're awaiting um other departments to to
chime in on this. Um so you know would like to wait on that um and then meet as as an association and begin developing um a solution follow this. Um I've called a meeting in about 2 weeks um all hands on deck. Um
post that meeting I expect um that we continue to work with both Jennifer and Alyssa to um work work through some of these issues. >> Thank you sir. again. >> Yes, Mr. Agapedi. Um, my apologies for
the misprononunciation of your name earlier. What would you like us to put on letterhead for you, sir? >> Um, a detailed mitigation plan. I I believe one was shared um with us at one time. Um,
you know, via email. Um >> what we could do is um we we have a a plan from
>> Capen Islands >> Capen Islands Engineering that we were working off of. >> We could s we could email you that plan. Um, and we can also give you like plant counts and spacing and things
like, is that what you're looking for? We don't really come, we don't put things on a plan for you. What we do is is guide you on how to do that. >> We're trying to um >> get estimates on on list. >> We can we would absolutely put something
together for you. May I ask a question? And if the plan is already done and we can put this together fairly quickly, why a continuence until the middle of October? >> Well, uh, you know, this isn't one lot.
Um, you know, it's a it's a nuanced uh solution. It includes, you know, different neighbors um um shared space and, you know, it it involves additional
communication and uh agreement and and I assure you we're going to be working on that. >> Okay. The reason I asked, sir, is this is this had this matter had been on our agenda for close to a year that we've been attempting to work with your >> community. I understand the difficulty
the community is facing right now. Um, but that length of a continuence is going to be up to the board. Like I said, we can turn it around fairly quickly. We have all the information we need. We could get that to you by the end of next week. >> Great.
>> Okay. >> All right. Alyssa, you good? >> Um, yes. Just to follow up on on Jen's comment, the board may allow for a one-mon continuous just so we can keep a pulse on the situation. uh maybe even get an update
um and then perhaps we can um schedule some meetings in the interim too just so we can see how the progress is coming. >> That's fair. >> Thank you. >> All right, commission commission is uh Courtney.
Um, I'm a little bit concerned that it seems to me we the staff if it has some plans in that area certainly can provide that to um uh the residents, but
it seems to me um they need they should probably retain an engineer to actually draft a plan that has the proper plannings and everything else. Am I not right, >> Court? Courtney, there has been a plan done. It's it it's it's I don't want to
say in draft form, but there is a fairly comprehensive plan. We haven't looked at it in a while, but we we can look at it. But but all >> something you could live So it's something you could live with. >> We can we can work with it. All the surveying's been done, Courtney. It's
just identifying certain areas at certain planting densities. That's all it requires. >> Yeah. All right. Then I don't want to make more of it than it needs to be. >> Thank you. >> No other questions. >> Thank you, Ron.
>> I'm all set. Thank you, >> Steve. >> No questions. Thank you, >> Ronnie. >> No comment, >> Steve. All set. >> I have no comment. Right.
>> We're talking about a continuence. Um, >> Mr. How about as Alyssa suggested one month we continues this out until September 17th and hopefully by that time we can have some more communication. Will you be our contact sir?
>> Yes please. >> Okay. Thank you. Um as Alyssa said maybe we can even by that time um organize a site visit with the board. We can do it at at one point so everybody's out there together. We would have to post a a
public meeting, but that doesn't necessarily mean the public is invited onto the your association property. It would just be the commission. >> Okay. >> And staff. Okay. Thank you. >> Thank you, >> J. What was that date again? >> September 17th, Mr. Chairman, if that
works. >> Okay. All right. Any other comments or comm uh any question comments or questions for the commission? Okay. Hearing none. I'd like a motion to continue to >> motion to continue this until September
17th. Driscoll >> bird second. >> Thank you. Court. Any other comments or questions? Hearing none. I'll call a roll. Courtney >> Bird I. >> Steve I.
>> Thank you. Ron Steve and I. Dave >> can't I? >> Bill >> Duffy I >> and Robins is an I unanimous to continue this hearing until September 17th. >> Thank you. >> Thank you.
>> Thank you Mr. AP. >> Okay. >> All right. Continued hearings under an enforcement order. Uh the first one we've already talked about the 33 oyster shell. That's been continued. Uh,
next up would be Jane Fur 2622 and 0 Shore View Avenue map parcel 39-02C 0504 Balmouth Mass unpermitted removal of salt marsh vegetation and unpermitted
reconstruct construction of a deck within conservation jurisdiction. Jen, >> I'm going to kick this one again over to Alyssa. Mr. Chairman, thank you. >> Alyssa, >> thank you. Um, so as previously noted,
uh, our quorum is Courtney, Russ, Ron, and Steve. Um there has been an ongoing violation at these properties uh where the very expansive area of salt marsh uh has been
mowed uh on pretty regular basis as seen through the aerial photos. Um in addition, the deck off the back of the house was reconstructed without a permit. It is slightly larger and is
being proposed to be um basically an overhang will be trimmed that is seen as moving closer. The expansion in the lateral direction is going to be mitigated for. Um at this time the property owner is asking to keep two
paths on the property. One that leads from the homeowner's property to water access and one that leads from the street to water access. This is the third enforcement that this property has seen since 2008. In the 2016 enforcement, uh, one path was allowed to
remain 5 ft wide. So, the staff is um supporting of of one path to remain, the other to be restored. Um, we're content with the enlargement of the deck that can be permitted and mitigated for. Um,
that really sums it up. All right. Well, thank you. Is there somebody uh here to represent this? >> Um Tom Bunker could not make it this evening, so um it's just us. >> Just us. Okay.
All right. So, Courtney, you want to start us off again? >> Yeah. I had a question. Um is this the u situation where the homeowner didn't want the commission to come on the property? permission was granted the
following day. >> Okay. So, we could go on there and take a look. >> Yeah, we should. >> That was the intention. >> Do we need to inform her? I mean, is there some protocol we need to follow? >> Um, it was expected that the quorum was
to visit in the interim since the last hearing. >> Okay. >> No other questions, Ron. There's a couple there's a boat there's a boat m in the salt marsh out there right now. Um and um there's a dog there. So I don't know if I'd want to
walk up close to the deck to see how close how close the uh the deck is to where it should be. And Alissa it's the extension of the deck is what's moving closer to the resource. >> Yeah. So the the deck expanded in two directions both seawword and laterally.
The seawword portion will be removed. the lateral portion can remain with mitigation. Um, it's being proposed near the shed area. So, the shed will be shifted a little bit so there's enough of an offset between the two. Um, and we did speak to the property owner about
the boat and she will let the individual know that it cannot remain. >> Okay, I'm fine. And again, the deck is being it's going to they're going to remove the unpermitted or the and the one the part
Remove that. What's it a couple feet? >> We lost you there for a second. Could you say that again? >> Extension. >> Yeah, it's um the part that went to see it. It's like a couple of feet of deck over the pilings. >> Yeah, it it's not much. The um the
pilings are in the same position. It's just the physical deck boards expanded. So, it it shouldn't be difficult to to trim, but they will need a building permit. >> Okay. All right, I'm all set. Thank you, >> Steve.
>> Yeah, I thought they had a a simple solution to a problem and uh took care of it. >> All right, I think we can close this hearing. >> Um, in order to issue the enforcement order, what is the commission's stance
on the paths? How many can remain and is restoration required in any capacity? my opinion, I'm going to go along with what staff has recommended it be one path. >> Okay. >> I do think the salt marsh is growing back nicely. Um it continues to every
time it's mowed. So it's it's really doing quite well. Uh my concern would be if the larger path towards the street was to be abandoned. Um there is BVW and shrub material in there. So that portion should at least be restored. >> Um the the salt marsh itself will come
back. Um, did did the commission want to choose a path or leave that up to the property owner? >> I think the property owner is going to be want the path from her deck to the salt marsh and abandon the one from the road down
>> that up to her. Just >> I agree with her make decision. I agree. >> Okay. And do you have a date certain that this is to be completed by? How about 90 days from issuance? >> Sounds good.
>> Okay. >> And the requirement of an updated site plan to confirm that the deck has been >> removed and planting's installed. Okay. I was double checking. >> Yeah. An asville an Asville site plan. >> Yes. Thank you.
Okay. Anything else? All right. Can I get a motion? >> Make an issue make a motion to issue an enforcement order as discussed. >> Disl issue an enforcement order as discussed. Uh any other comments?
Okay. Hearing none. Jen, is there anyone in chat? Nothing in the public chat. Mr. Chairman, >> I'm going to call a roll. Courtney I >> Ross is an I. Robbins is an I. Ron
>> Driscoll I. >> Steve I. >> All right. It's unanimous issue the enforcement. >> All right. Very good. Uh the next one is that uh Marisolola and that's been um
continued. So we're down to vote orders of conditions and the first up is Sean Watts at 11 Meline Road in Fmouth, Mass. >> I'm going to have Alyssa take these and uh talk you through these since I was
not here last meeting for these. >> All right, Alyssa, you're up. >> Thank you. Uh yes. So this was a filing to remediate some unpermitted uh clearing on the property. It is also
to remediate the poor drainage. Um it was seen heading down the the driveway into the wetland. So a swale has been proposed in addition to some uh drainage features in the pavement. They are also upgrading
the septic in the front yard. Um I believe most everything the commissioners were requiring um has been updated on a revised plan that hasn't been submitted
yet. But to roll through um they will not be proposing anything with in terms of making a pathway at this point. They'll be adding a single rail fence. uh the trees to remain and come down have been clarified.
Um the mitigation, excuse me, the restoration that was proposed in the already naturally vegetated areas will be shifted and I will work with them to find a location for one or two trees to enhance the property. I don't think all eight are really going to fit out there.
And I think that covers it. >> All right. Thank you, Alyssa. What was the question? Courtney, go ahead. >> Um, the only thing that's giving me a little bit of a heart throb, did I hear you right that um, he hasn't submitted a
revised plan? >> Has not. >> Uh, not yet, but we usually >> request that they don't do that just in case you guys have more comment so they don't revise it twice, you know. U, but I have seen most of these revisions already.
So, you're comfortable issuing an order without this revised plan? >> Well, it'll just be conditioned. >> I'm just letting you know they've they've done most of the work to um add your changes. >> Mhm. >> Courtney, we'll condition the revised
plan and everything that you guys want in the revised plan is submitted to this board. >> Yeah. Usually, we require those by this time. That's why. >> Well, we do and we don't. >> Yeah, I know. So, this is one of those great areas that have always given me a
little bit of choke. You know, I like >> you're choking a lot tonight, Courtney. >> I know except that I've got a grumpy tonight. Um, >> all right. That That's my question. >> Phil's got it under control. We We'll have it soon. >> Okay,
>> Ron. Anything else? I'm all set. >> So, I'll make a motion to >> Thank you. I'll make a motion to issue an order of conditions as discussed. >> Courtney, can the rest of the board chime in, please? >> Yeah. Hang on a second. Dave, >> no questions.
>> Ronnie Ronnie wasn't on the quorum for this one, nor is Bill for any of these. >> All right. So, go ahead. Court, >> what's that? >> You You're going to make a motion?
>> Yeah, I made a motion to close. I'm sorry to issue an order as discussed. >> Driscoll second. >> Ron, we have a motion, a second by Courtney. Second by Ron. Um I'll call a roll. Um Courtney
>> Bird I. >> Ron >> Escali. >> Steve. >> Patton. I >> uh Dave. >> Pat. I >> would you say who wasn't on the quorum? Elissa. >> Ronnie and Ronnie and Bill. and Robbins
is an I. All right. So, unanimous on issuing order conditions for 11 Maline Road. Uh, next is William Dryan Jr. and Lisa C. Kain trustees 17 family trust 103
Charles River OD McMasters. Uh, Alyssa. >> All right. Everyone is on this quorum except Bill. this project is to kind of switch around some decks. They're removing one from the north side of the property and expanding the one on the
south side of the property. Um, so there's no mitigation required or proposed and there were just a couple clarifications that I needed on the plan. Um, as Mike refers to it, just a
couple bookkeeping things. Um and they do have an unpermitted float. Um in a previous NOI, the commission just approved this float to be enlarged after the fact. Um so really this
unpermitted float cannot be approved and needs to be removed. >> All right. Thank you. Comments. I would just add remove the float prior to the issuance of uh prior to the staff
approving a building permit. >> That makes sense. Thank you, Jen. >> Anyone else? Okay, I'm looking for a motion. >> I'll make a motion to issue an order conditions as discussed.
>> Driscoll second. >> Thank you, Ron. Thank you. Bird eye. >> Driscoll. >> I Steve. >> Patton. I >> thank you. Ronnie >> Bowman. I >> and Dave.
>> I. >> All right. There's unanimous conditions on 103 Charles River Road. Uh William C. Fleming, Trustee 140 Oyster Pond Road, Falmouth, Mass. Melissa,
>> this is a project to raise and reconstruct the existing house. There were a couple unpermitted features on the property that are going to be removed. Uh in doing so, the area should be restored should any zone A vegetation
have been removed in this process. Um the homeowners would like to pursue uh invasive species removal um permitted at a later date. So at this time the existing paths that are through the coastal bank really should be allowed to
um regrow or be restored. Um it is the actual resource area. There's a little bit of mitigation proposed. A new septic tank and uh per the building code, the deck off the back of the house will be
detached and not connected to the structure. Um, so we are seeking a revised plan. Um, the staff would recommend that none of these stepping stones remain again in those cleared pathways on the bank. That should just be vegetation.
Um, any zone A vegetation removed, restored, and perhaps a couple extra trees installed as some were removed without permits. >> Great. Thank you, Alissa.
All questions. Okay, hearing none. Anyone someone make a motion or >> I'll make a motion to issue an order conditions as discussed. >> Second, >> Courtney. Thank you, Ron. Um,
any other comments or questions? Hearing none, I'm going to call for the I'm going to call the role. Courtney I >> Ron >> Eisman I >> Dave >> K I
>> am Am I on this one Alyssa? >> You're not. >> Yeah. >> Thank you. So it's uh unanimous by the quorum um to issue order and conditions for 140 oyster road vote uh amended order
conditions for Fenton and Melody Brown 159 up along road in Fouth Mass. Alyssa >> thank you. Yes and this is everyone except Bill. Uh so this project is to amend the existing order to reconfigure
the proposed addition. In doing so, the driveway will be realigned because it will include garage access. Uh there's no impact on the septic system. Um let's see.
There's still an overall decrease of uh impervious surface on the property. So there's no mitigation required. Uh there is some restoration being proposed though. Um, so for this project, uh, when Fallon was discussing
this with, I believe it was Bunker, um, last time, uh, there were some concerns with the two kayak racks on the property. They do need to be relocated and mitigated for um, and we recommended that prior to the building permit sign
off. Um, I believe that's a carryover from a previous special condition that was never executed. So, it really needs to be done there. Um, and I believe the staff wanted to make a site visit to confirm that there's an unpermitted outhole on site to be removed. There's
an unpermitted boardwalk to be removed. And I think the commission was okay with the shell pathway and we just need updated um impervious surface calculations. There will probably still be a deficit but we just
want to make sure. >> Nice. Thank you, Melissa. Comments or questions? >> Okay. >> Russell, I have one. Yes, >> Alissa, I don't remember the boardwalk. That seems maybe I missed it.
>> No worries. Uh because I'm not the one who evaluated this project. I don't have all the details, but it said here there was a boardwalk at the end of the shell path. It's located in the salt marsh, so in the resource area where it cannot be. So, that will need to come out. >> Oh, okay. I guess I didn't hear that
last time. That's all. Thank you. >> All right. What's your pleasure? I'll make a motion to issue an order of dis of conditions as discussed. >> Discotion and a second to issue order conditions as discussed
one more time. Any other comments, questions? Dave, you're all set. I see you got your hand up again. >> Oh, I'll put it down. >> All right. Okay. Hearing none, I'll call a roll. Courtney >> Bird I. >> Run. >> Easy. Steve
I >> Ronnie >> Bman I >> Steve >> can't I >> Bill? >> Oh yes you're not in and Robins is an I. So unanimous on order of conditions for
upon road. >> I need one more motion. >> I will make an a motion to adjourn as the grumpy old man. >> Just a second. are a bit grumpy tonight.
>> All right. Motion by uh Courtney to adjourn. >> I >> Robins is an >> I guys did great. Thank you. >> No meeting next week. >> No meeting next week. We'll see you on the 27th, guys. >> Okay. Thank you.
>> All right. Good night. Bye bye.