Heat. Heat. Good evening and welcome to the February 17th meeting >> recording in progress of the Fmouth Conservation Commission. This meeting is being held virtually via Zoom
and this meeting is broadcast on FCTV. Please be cognizant of what you say, how you say it, what can be seen and heard in your background. We have a No, we don't. We have four
commissioners this evening. Uh which gives us a quorum and we'll move forward. We expect an addition in a few minutes. Um we are missing three commissioners at
the moment. Um, we also have uh Jennifer Lincoln and Alyssa Berseron and probably Fallon somewhere as well. Like to remind the commissioners,
uh, I'll call on each of you to comment on each of the items. and public attendees. At any time during the meeting, you may enter your continents or questions in the chat function at the appropriate time. They
will be read into the record. you're on tenny and you're here for a RDA request for determination and you're looking for a negative which means we
don't require a notice of intent for that item and that's good news. If you want to participate in a particular hearing uh let us know via the chat function and the appropriate time you will be promoted into the hearing as a participant. When you're selected, you
must have your video enabled to and be succinct and respectful. Public comments will be limited to three minutes each. Thank you. All right. Um,
first I would like to take a second and uh mention that we have lost one of our commissioners through retirement. Um and u uh Courtney Bird who gave us an Irish goodbye
and u we are going to return the favor. No, we I I he served 23 years on the commission. I got to serve the last quarter of them. He was chair from 2010 2013 and he generously shared his knowledge
of as a builder and as a long-term resident in the community. He was a stickler. Um described himself as a kungan. Although I've tried to find a soft definition of that term, there is none. Um and he was not that.
Um and we appreciated his uh levity, his his uh his intelligence, and I thank him for his service. And now I move on to the agenda. And
here we go. Uh, first we have a request for continuance for determination of applicability. Um, Steven Burn, 58 Gro Street, North Felmouth, for permission to reconstruction portion of
the house, construct an addition, remove part of the stone patio, install drywalls, and reconstruct a stone wall. And Alyssa, >> uh, the applicant has requested a
continuence until March 25th. >> I have a request from the applicant. Can I get a motion? >> I make a motion to uh continue to March 25th. Is that what you said? >> March 25th.
>> March 25. >> And a second from David and me. Okay. A motion, a second. All in favor say I. Pat and I. Oh, I'm sorry. Dan >> I >> Malshy >> Ronnie
>> Balman I >> Dave >> Kenti >> I was giving you a chance to do a Ronnie vote. Everybody votes. I'm sorry. Excuse me. Okay. Our next is a request for
certificate of compliance. Timothy Leightam, trustee RNG Realy Trust 1209, East Famouth Highway, East Famouth, Mass. Request for a partial certificate of compliance for Mass
D-4524. Alyssa, Jennifer, >> I can take this one. Uh, so the applicant has requested a continuance until March 25th. I make a motion to continue to 3:25. >> Yes. >> Bman and second.
>> Thank you. I have a motion and second to continue this item until 3:25. All in favor say I. >> Patton I. Dan. >> Walshy. >> Ronnie >> Walman I. >> Dave >> Tai.
>> Great. Thank you all very much. I I chair two committees and I sometimes get them mixed up. Um so next we go to request for determination of applicability. The first is um uh this would be a problem.
Michael Engingasti uh 31 South View Waymouth Mass from Michigan reconstructed deck. Alyssa >> staff recommends a negative three under the state and negative two under the bylaw. Resource area boundaries are not confirmed. >> A motion to support that. So move such.
>> Uh Bowman. So moved. >> Thank you. >> Second. >> Great. So motion and a second. Um so all in favor say I. Pat and I. >> Ball.
Bman and I >> thank you. Sorry. Um request for department determination of applicability. Third um Michael Lasessi
30 Berkeley Drive Fmouth Mass for permission to reconstruct a deck and construct a roof over an entryway. Alyssa. >> Yes. The applicant has requested a continuance until March 4th. >> Uh Bowman like to continue to 34. Is
that what you said? No. March 4th. >> 34. >> Continue. >> Second. >> Okay. So motion is second to continue this until March >> 4th. All in favor say I. Dan Moy.
>> Ronnie and I. Dave >> can't I >> Steve okay I'll stop okay so next is another determination of applicability for Christopher
Penock Trustee Seahorse Realy Trust 40 Deacons Avenue Famouth Mass permission to construct a rinse station install a pvious path path patio, excuse me, and install sewer
connections and reconstruct a shed. Alyssa >> staff recommends a negative three under the state and a negative two under the bylaw. Resource area boundaries are not confirmed. >> Balman so moved. >> Second, Kent. >> Okay, so we have a motion in a second.
All in favor say no. Dan >> all shy. Ronnie, >> Balman, I >> Dave, >> can I >> and Pat and I >> chair I need to recuse myself
>> on on that last one? >> No, this one up upcoming. >> Okay, >> we'll have to table it until we have one more commissioner. So, we have a quorum. >> Okay. >> So, we'll move past that one. This then we go to >> I think you have to read it into the record. You do need to read it into the
record and table it and take the vote to table. >> Thank you, >> Ronnie. You can vote to table. >> George Bianini trustee one by water court reality trust one bywater court with mass for
permission to reconstruct a rinse station and patio and install mitigation p paintings. We're going to continue this. I'd like motion to table >> to table it. Thank you. >> Can second.
>> So we have a motion a second to table. All fate. Nope. Pat Dan >> Walsh. >> Ronnie >> Walai. >> Dave >> Kai. >> And Patton I.
Thanks. And next we have John Bandini. Uh 125 Shorewood Drive and with Mass for permission to reconstruct a deck. >> Staff recommends a negative three under the state and a negative two under the
bylaw. Resource area boundaries are not confirmed. >> So move second. >> A motion in a second. Oh, Dan >> Walshy, >> Ronnie Wai, >> Dave
>> Danti, >> and Patton I and we move to Dominic Lang 10 Shanks Pond Road, Felmouth, Mass for permission to upgrade the existing sewage to special system. Melissa
>> staff recommends a negative three under the state and a negative -2 under the bylaw. Resource area boundaries are not confirmed. Bowman. So moved. >> Can second. >> Great. So we have a motion in the concession. >> I don't have any comments on any of
these. No. Okay. Thank you. Um so Dan >> Walshy >> Ronnie >> Walman I Dave >> Kent I >> and Patton I continued request for a dua a DOA excuse
me. Uh, Stephen Burton 5. I >> think we missed the one right before. >> What? Excuse me. >> Uh, there's one right before that you missed there, Steve. Um, that for Nine Hotel Street. >> Oh, I'm sorry. >> No worries.
>> My computer. Yeah, there we go. Never mind. Richard S and Paul Daylor, 9 hotel Street, Felmouth, Mass for permission to construct an addition, remove a patio, and install a drywall. Melissa >> staff recommends a negative -2 under state and bylaw. Resource area boundaries are not confirmed and this
project solely takes place in an AE flood zone. >> Bman's so moved. >> 10 second. >> Great. We have a motion and a second. And now we'll take a roll call. Dan >> Walsh >> I. >> Ronnie I.
>> Dave >> Kent I >> and Patton I. Okay. Now we have the continued request uh for Steven Burn at 55 G Street North Felmouth for permission to reconstruct a portion of the house, construct an
addition, remove part of the stone patio, install drywells, and reconstruct a stone wall. Melissa? >> Yep. And this was continued at the start of the hearing to March 25th. >> Thank you.
>> So, we're all set there. >> So, we had to read it in. No, I just wasted your time. Request for hearing under notice of intent. Um, this is um Mike Jackson from the Chapoy Yacht Club 501c3 West Falmouth
Harbor, West Felmouth, Mass form to install three seasonal floats in West Fmouth Harbor. Jen. >> Yes, Mr. Chairman. Before I promote Mr. Jackson up. I did want to say that the commission uh reviews each project under
two authorities, the Wetlands Protection Act and the Falmouth Wetlands bylaw. Although you issue a decision, one decision, but it's under both authorities. Just to clarify that for the record, Mr. Chairman. >> Thank you for that. >> No problem.
Mr. Jackson, I'm promoting Mr. Michael Jackson up on behalf of He's representing the Chapoy Yacht Club. Mr. Jackson, am I promoting anyone else up with you this evening?
>> Uh, no, just me. Thank you. >> Okay. >> And I want to share the presentation. >> How do I do that? >> Okay. You should go down to the bottom. Yep. >> of your screen. You should see audio,
video, participants, chat, raise hand. You have a share function. >> Okay, let me just make this bigger. Sorry. >> Click on that share function. If you have a problem, Mr. Jackson, I can share the presentation for you. I already have it up on my screen. >> No, I appreciate that. Thank you very
much, Janet. I just figured it out. >> Okay, perfect. >> So, that should do it. Let's see. Good. Can Can everyone see this the presentation? >> We can see it, Mr. Jackson. Thank you. >> Okay. Well, I'd like to thank the harbor
master and shelfish constable uh and the concom staff for helping us through the mooring permitting process. Um we appreciate your time and your expertise. Um CYC is implementing a strategic plan that was put in motion
when we lost our home on Chapoquite uh island last year. And the focus of this hearing is preserving the youth sailing program by moving offshore to sailing floats. Uh CYC has been teaching youth sailors on West Falmouth Harbor
since we were founded in in 1903. I think we're one of the young oldest yach clubs in uh on Cape Cod. We own Beetle Cats, Opies, 420s, and uh Coach Boats. and we provide the only community sailing option to local kids in what is
arguably the town of Falmouth's best teaching harbor. Our kids deserve local access to safe and healthy boating fun. Um so let me just jump into the presentation and I'm going to try to provide you some background uh the
status and then some of the details around site selection and design uh for these sailing floats. Um, so as background, we kicked off our strategic plan by converting CYC into a true community sailing nonprofit 501c3
organization last year. Um, memberships opened and kids will be able to enroll for lessons on a first come first serve basis. Last season, the youth pro youth program was on hold um because we didn't have an option to access the harbor. Um,
we've been working uh to resume youth instruction this summer. Our goals are to provide access to the harbor and instruction in sailing and racing in a safe and healthy environment. Our proposal is for weekday only lessons centered on sailing floats that are
located away from other boating activities. So, what's the status? As mentioned, we are working closely with the harbor master and uh shellfish constable on location and moing design. The 10A permit's been issued and it
specifies flexibility on the exact locations and the moing design for the town and that these will be determined in a spring site visit. So CYC prop plans to use eco moorings. All of our moorings, uh, existing moorings and
these three proposed moorings would have eco moorings to prevent scouring. And we proposed a bridal approach to a single mooring for each float for sailor safety and the best practices around storm preparedness. Um, permit locations have
greater than 3 ft of depth at low water and no eelgrass in the immediate area. And our initial design is based on similar QIC Quissit Yach Club and Falmouth sailing floats. Final design is pending your input um from this hearing
and uh construction is planned by Upper Cape Technical Vocational School students um scheduled for this spring so we can be active this summer. Do you see the uh satellite image? >> Do >> okay. Site selections carefully
considered to improve the harbor congestion and access and minimize impacts on resources under the Concom's jurisdiction. Historically, we operated off off the dock uh and beach and dune
directly uh on or in the main channel to the town harbor. Can you see my cursor? Yes. >> Oh, great. Okay. So, this stop sign is kind of indicative of the fact that we've been stopped from using this location. Um, and this is the proposed
location of the new moorings. You can see that they're well, uh, away from the existing moing fields. And, um, also away from the regular traffic patterns into the town dock. And uh also this channel, I happened to capture a
satellite image that showed a power boat going through the channel a little bit faster than the five knots uh specified by um the harbor master. But uh this is the channel. It's way over here along the edge of the shore. Um and this is a sand flat um where the uh shelfish
constable thought that the best locations for this uh these moorings um would exist. Uh let me go to the next slide here. Um this is just the locations kind of approximated uh of the three moorings um
three floats and you can see the very dense uh moorings, the blue dark blue circles. Um our cluster of moorings are up here by the stop sign and what we're proposing is two 420 floats and one opt. And I'll give you some details on those
um in a minute. I think you can see here it's illustrated pretty clearly that there's uh you know a lot of um spacing issues between the moorings uh in the regular anchorage and uh just didn't make sense to have uh sailing floats in
that location and that's kind of the common practice that we've seen around the town and other areas. This uh illustration actually is off Google Earth and it shows um you know some of the measurements just to give you a feeling for it. Um the anchorage
uh sorry the channel I was describing kind of runs underneath the 35 and the in in the uh 350 ft um where the moorings are currently uh specified in the 10A permit. Uh the the first moing is 350 ft offshore and the third moing
is 300 ft offshore and they're approximately 1,500 ft from the salt marsh to the southwest and then the causeway and the seaw wall. So they're protected on all sides. Um and the location, you know, we think is is uh
about the best you can find in the harbor. Let's see. So we had lots of different examples to um choose from um in Falmouth and the surrounding uh areas. I just indicate
Quiset Yach Club, Falmouth Yach Club, Felon Felmouth Sailing, uh Wquite Bay Yach Club all have floats. um Edgartown Yach Club here and up here at uh in uh just across the line in Squatig Harbor in um Bourne is uh uh the Katamic Club
and the Squatig Harbor Sailing. So there are lots of different uh examples to work off of, but I think that a photo is the best way to kind of get you familiar with what sailing floats are and how they're utilized. Um the two on the left side, two photos on the left are are
much larger float floats than what we're proposing, but they're indicative of how um you know, kind of the state-of-the-art of uh sailing floats um these days. And uh these are two relatively new floats. Um in in the case of the top float, there are opies and
420s on that float. Uh and the lower float is just 420s. And you can see that the kids use these uh to rig the boats. They're also used for instruction. Um, closer to the Oops, sorry about that.
Closer to the um size of our floats that we're proposing are these floats from Cuddy Hunky Club. Actually, another CYC. And um you can see that these floats hold three 420s, which are what I'm going to show you in just a minute how ours are set up for the two four 420
floats. So, that's almost exactly what we're proposing. the boats are rigged and stored on the on the um floats with their equipment. Um uh you know, and then at the end of the season, you take the equipment in and uh uh decommission
the floats and would store them inland. Uh the lower right picture is actually the Falmouth High School sailing team, um which kind of just popped up when I searched sailing floats in Falmouth. And um kind of a cute picture at the end of a practice. Uh this is I think when at
the time that they're sail they were sailing off floats in um off of Kingman's. Uh but they're either in Wau now or um you know maybe maybe operating out of I think pretty sure they're operating out of quite bay yach club.
So that's uh what a sailing float looks like. Um then up close, uh these are the Quiset floats located off the knob, uh inquisit. Um it's actually kind of interesting that the uh kids actually get picked up on the beach in some cases or row over to the floats to get to
class. Um the important thing in the photos here is that our our floats are roughly half the size of these quiset floats. You can see here are two floats the same size as our floats.
connected into a single float for four for six 420s. Similarly, the optats here roughly uh two and a half times the size of the optifloats that we're proposing um you know with an area for storing optis on racks uh storing some of the equipment
and then uh rigging and and launching um the opies. So, just to get you familiar with what uh you know, floats look like and floats in the neighborhood uh uh and even under your jurisdiction um you know are are similar to what we're proposing here.
Excuse the u simple engineering here, but we're kind of a bootstrap organization trying to focus our energy on um you know the sailing program and the kids. Uh this is a sketch of the 16x20 float. Um key
design considerations really important low profile right the deck is going to be much lower than what you just saw in the quiset floats um 3 to 4 in above the water level it helps kids yank the boats up onto the float it
also with the low profile design um we're using very thin uh uh flotation across more of the float bottom so uh it's shallow draft as well um so just additional space between the float and
the um and the bottom. Um low windage in the storm. It's really important and I've spent some time with Ben Carson trying to come up with a plan that makes sense and that's what I filed in the storm plan uh for for you all to consider. Um but the low windage of the floats and the fact that they can swing
uh and ride out a storm um you know really leads us to um you know have a storm plan where we would strip the floats down to a flush deck. uh with nothing on top and just let them ride out the storm there. Um sails and blades
when you know in between classes will sit uh in the 420s um and um uh stay on the boat. There's ade adequate space for rigging and d-rigging. Uh so anyway, that's that's the 420 float. The
Optiflat is the exact same size. They're both uh they're all set up to be modular. Um so the floats will be in two pieces and be you know able to be stored inland and uh transported uh for launching uh easily launched on the town
ramp and then bolted together and uh mored. Um the OPIF float will have uh some structure on it, much lighter weight and um stronger than what you saw in the quiset floats. Um using an aluminum and and um composite plastic um
rack to store the opt. Uh and then uh probably a deck box to keep um spars in. Uh so that everything should be nice and neat. Uh so that's that's the optif um and the 420 floats. Um let's see, let me
just get to my wrap-up slide here and then open it up to your questions. Um so the next steps really are the input from the town. We continue to get input from the harbor master and from uh the shellfish constable and and others. Um and we're we're open to that.
We had a public meeting last week uh at the library uh in West Falmouth to solicit um to bring people up to speed and also solit solicit comments. We want a community sailing program to be embraced by the community and u we figure this is the best way to do it. Uh
I mentioned already Upper Cape Tech uh vocational students uh are ready to build these floats. Um we hope to build all three uh this this spring if possible. Um finalize our sailing program and staffing in March. Um, and then it's stipulated in our 10A
permit that we uh will do the final locations in concert with Shellfish and the Harbor Master to make sure everyone's happy with the locations and and um uh then we screw in the uh the morings. Um ongoing collection of input from membership in the community,
coordination with other area organizations, and we we plan to continue to collaborate with the library for a shoreside program. um for the kids and for the adults uh including probably a powerboat uh
instruction um uh class so that people can get certified uh in advance of that requirement coming up this summer. So that's uh all I have here. Uh I really appreciate uh your time and um want to
answer every question that I can. >> Thank you. If you can take your screen sharing. >> Yep, I can figure that out. >> I figured >> sharing stop.
Let me know when I've stopped. >> Okay, I'm going to welcome the chair back. Bill, welcome. >> Thanks, Steve. And uh we have quite a number of people interested in this item
as you arrive to to welcome that. Um I'm going to ask for Jennifer's comments and then the floor is yours. Thank you. I hope I've stopped sharing. I'm sorry. No, >> we still Oh, there it is.
>> There we go. >> Thank you. >> Thank you. Um, yes, Mr. Chairman. Um, thank you, Mr. Jackson. This is this is unique. We we haven't really seen a project like this before, but given the fact that the yach
club is asking to um put 960 square ft of floats that will take up actually more more room than that in a sensitive harbor like West Felmouth. We felt it was important um town staff felt it was
important for the commission to be able to weigh in for public comment to be taken. Um our our kind of purview in this in this case is going to be you know impacts to shellfish impacts to
illrass you know um water depth and um these structures being in a velocity zone. Um one question Mr. Jackson, you stated at
the beginning of the presentation that all of these floats will be in 3 ft of water. How was that determined? >> Um at low tide um with a uh measuring device and a
Google map pin. Um so that's it. But I'll tell you that we did start with uh different locations that I'd worked out with Greg and then Greg suggested that I talk to Chuck. I talked with Chuck and Chuck immediately said if you if you go further southwest from where you're
proposing to do these, you'll find deeper water. And sure enough, we did. So every location is greater than 3 ft. >> Okay. We might need that. the commission might feel more comfortable with that um kind of surveyed professionally without
a measuring device, which I'm sure was your or um I know um but that's just something that we're going to map out. I think it's really important if you're going to be um storing boats on these floats that we do have that separation
um that 3T separation. I mean, we all know the title range in West Falmouth is is is larger than Vineyard Sound. So, we don't want these floats at any point, even in extreme low tide, resting on the
bottom. So, that that's one concern um that the commission may have. Um the other concern would be the impacts to shellfish. Um you and I had a conversation today. Unfortunately, the shellfish constable has not been able to
provide comments to us. So, we do have to recommend um the board receive those comments before closing the hearing and making a determination. Um we also have
the velocity zone. The board needs to decide, you know, whether you consider. So, two of the floats are going to have the three Omnis opson. >> And then the other float is going to
have the structure built on it. And how many boats are going to be stored on that one? Again, >> um they'll be between six and eight for the for the OPI float. And yeah, the 420 float will have three there'll be two 420 floats with three boats each. Yep.
>> Okay. The 420s are going to be the single the three on each flow and the OBS are going to be and you're going to have four four to six. You said >> four uh no six to eight >> six to eight. So you're you'll have a somewhat of a structure built on that. >> Yeah. The structure won't be built.
It'll be a modular thing that normally rides on a trailer for highway transport for these boats. So really solid piece of equipment that can be easily bolted on and off. If there's a storm coming, we plan to strip it. >> Okay. Where will the boats be stored in the offseason? Do we know?
>> Uh, they're they're they're currently stored in West Falmouth uh on a on a private property. >> I thought they were being built. >> Oh, the floats. Did you say? >> Yes, the floats. >> I thought you said boats. I'm sorry. >> No, I'm sorry. The floats. >> Yeah, the floats are floats are
imaginary. They're all up here right now. Um hopefully they'll be built this spring. they would uh we've had conversations with Bowman Construction and others that do this kind of uh work. Um so that they're they're going to input the design uh so they'll be
modular enough so we can put them on a trailer and take them to an inland storage area. >> Yep. >> Okay. Um and the only other thing and do we know where the ills is present over in West
Valence Harbor? Of course. Yeah. >> Will they will No. Will the floats be anywhere near the illgrass or is are you going to work with Chuck to to sight them away from the ill grass? >> Yeah, I mean that's that's the the purpose. A lot of this fine-tuning is
really planned for the spring um uh you know inspection before morings get finally located. Um, so that that would be Chuck and uh Harbor Master and um Ben Carson as our representative for Warren
Care. >> Okay. And um I spoke to to Carson Marine today. Um Ben is going to be a very busy guy during a storm event because absolutely everyone we ask for a storm
plan from cites Ben Carson. Um, so we you're I think you're not going to be able to rely in um an impending storm. The yacht club may not be able to rely on Ben. I mean, again, every storm plan
we see that we ask what's going to happen, they cite poor Ben. So, you'll have to work with him and you'll have to be responsible for your floats at least to strip them of the boats and everything else before that storm event. >> Oh, yeah.
>> Just to let you know. >> No, I understand. And I I was on the phone with Ben today as well. >> We had a good laugh about it this afternoon. >> Yeah. Yeah. The plan is not to pull the floats out. Uh the plan because these are so low profile. The plan would be to >> to ride the storm out. >> Yeah. Ride the storm out. And if we have
to put an extra anchor out, but that's I mean yach clubs do. >> Yeah. And I do believe that Greg is also requiring two anchors for each float. >> Yeah, we want to talk to him about that. That was it's it's in the 10A. It says uh the town has the option to add
another anchor. Um state, you know, the best practices with these sailing floats is not to have them static. Um they they swing with the wind so that the kids are approaching the float uh from downwind. Um, and it makes it a lot easier. Uh, so I think it's a question of, you know,
having an ongoing dialogue with Ben, I mean, with, uh, Greg. The other thing is that they're less stormworthy when they're anchored in two two locations. Um, much less stormworthy, and that's a factor, too. >> Um, >> okay. Because I don't I do believe I saw
something from Greg that he was going to ask for the two anchors, but you can discuss that. >> I didn't see that. I I've heard it. I didn't see that. But yeah, I look forward to talking to them about it and and we'll do whatever we need to do to get these uh these floats uh installed. Um if that's the way they want to do it,
then then that's fine. >> Okay. Again, unfortunately, we do need to to to wait for Chuck Martinson's comments. I spoke with Chuck yesterday and today. >> He wants to wait until Greg returns and talk it over with Greg.
>> So, we will need a continuence on this. Again, it's it's a different type of project that we haven't really weighed in on in the past only because this is new and will be taking up more than I mean the floats measure 960,
but the way they're positioned and used will be using a lot more of West Falmouth Harbor. Um, and those are only the only comments I have, Mr. Chairman. Thank you. Thank you, Jen. Alyssa, you have anything to add?
>> Not at this time. Thank you. >> All right, I will take Commissioner's comments right now. I'll start with uh Steve. Thank you, Mr. Chairman. And uh I just want to say that I spent a considerable amount of time uh reviewing the
correspondence on this item and I appreciate everyone for taking the time to show their support or their issues and and concerns and I look forward to hearing from some of them probably this evening. Um
I I think the yach club is a is is a great addition. I admit to not knowing much about why they left the island, so I'll have to look into that. Or maybe I'll hear more about that later tonight.
Um, but um, we always have our concerns about adequate water depth and the uh, grass, the shellfish. So, it it's interesting at at the very least. And thank you for the effort.
Thanks, Steve. Dan. >> Um, so Jen, I actually have a question for you. So, do we think about this the same way we think about docs and what docs have to do in order to get approved? >> You could. The only regulations we had
to site are the dock regulations. So for instance, all docks need that 3 ft of water and we do need to see that on a survey plan. With floats, we need to see 3 ft of water under the lowest portion of the floating dock. So I think that
regulation might be important. Um I did speak with Mr. Jackson about the limitations that we place on private docks of a 100 ft uh a 100 square foot float at the end whether it be a fixed
tea or a float. Um this isn't just serving one residential property, it is serving a yacht club. So the board needs to take that into consideration. Um, we usually do not allow new docks,
fixed structured docks in a velocity zone. Again, these are um 10A moing floats. They're they're larger than the usual swim platform floats we see. So, the board does need to again take that into consideration.
what kind of damage can be done if these floats do break their anchors during um a hurricane? All bets are off in town. I mean, we're going to have debris everywhere, but that's another consideration the board came. It's, as I said in the beginning, this is this is
unique. We we haven't really weighed in before, but given the amount of square footage being placed in West Palmouth Harbor, the sensitivity of West Palmouth Harbor, Greg and I thought it was important for the board to weigh in. And then there was one more shellfish.
That's again important um to make sure that these these floats aren't grounding out on shellfish flats or when they're approaching the floats. And Mr. Jackson, how are you going to
transport the sailing kids to the boats? Are there are there private vessels that are taking them? Does the yach club have whalers or skiffs or anything else that you utilize that will be transporting the kids to and from these floats? >> Yeah, good question. Um, I imagine some
of the kids, you know, will get out there like in a car poolool from um, you know, either private docks or a town dock uh, in one of our using one of our coach boats. It's important to note that the coach boats all have prop protectors
on them helps reduce scour. Um, and you know, there are best practices from floats and other t other town harbors like Falmouth and and Quisset that we will utilize as well. Um, there's I I do want to make sure that everyone understands that we're not a yach club
anymore. We are a community sailing program open with open membership. We're not a private uh uh uh restrictive club um as we have been for the last 121 years. So uh this is an open sailing program to all and really critical to
access for our youth. >> So Jennifer just to go back to the sort of the process and steps forward. So you had suggested before that there needs to be some work done engineering work possibly to validate the depth of the water out there and obviously also if
the floats are really going to spin and not be have two anchors then you've got you're right you've got added area that you've got to account for. So is thought get that done first and review that and then move forward after we get that and the other feedback or is it or is the
process different? >> No, the the board can determine that if that's the information the board wants. If you want the actual surveyed water depth um and location of these floats, you you can request that information. I think it's important
>> um to especially the water depth. I think the water depth is the most important. the water depth and the velocity zone because with that with that water depth, you're going to be able to protect shellfish. You'll be able to protect the ill grass. Um, but we we do need to determine that these
things are going to be in greater than 3 ft of water or at least three feet of water from the lowest portion of that float. >> Yep. What mean low tide or something, right? >> Uh, I think we use extreme low tide on that, but I can double check that. I can
double check that for you in one second. It'll probably be a moon tide, Jen. >> Oh, then I don't think Yeah, that would be a moon tide. Um, so it's information the board can request. Again, we do need a continuence
to obtain Chuck Martinsson's comments. Greg Frasier is on vacation this week, so Chuck won't have an opportunity to talk to Greg until at least the middle of next week at some point. Right. Well, that's my thoughts. I mean, look looks good otherwise.
>> Thank you. >> Thank you. Uh Dave, >> staying on on the word for a second. Jen, are we So, are we saying tonight we definitely need this professionally done the depth of professionally evaluated? Correct. >> If the board is worried about water
depth, that's what I would recommend. >> I I would say yes, that definitely is an issue. I think the board should probably say that tonight. And my next question is, are there companies that do this or does a harbor master do it? How how would this be done professionally? You >> That would be a company, an engineering
firm would go out or a surveying company would go out and perform the surveys unless you wanted the shel unless you would um accept Greg Frasier or Chuck Martinsson's determination that there's enough water depth out there. That's
fine, too. >> Well, I'm not qualified to make that determination. Should we talk about that? Make that decision tonight and and give uh and give Mike the the uh guidance he needs to get it done. >> If you are feel strongly about having a professional survey of water depth, then
I would definitely give guidance this evening that that's what this board wants to see. >> Since we do need a continuence, it may give the sailing program, excuse me, I almost said yacht club, the sailing program time to to obtain that information. >> Well, personally, I think Jen, you're
our expert and you're recommending it. So, I think we should do that and give Mike as much guidance as he needs tonight. That's why >> I think it's important. >> Yeah. Okay. I agree with that. Um Mike, um so I know the harbor master, you need to do a few adjustments on the particulars of where they're going to be placed, but has he has a harbor master
generally approved this? Yes, he he um he gave us a 10A permit that specifies latl longs for each of the moorings and uh you know but in the 10A permit it does say there's a site visit in the spring to make sure the water depth is there to make sure the
illass is absent and um you know determine that the floats are not going to be you know in in the navigable channel. >> But this at this point are we at this point are we quite confident eel grass is not going to be an issue? I know we have to do a little more detailed looking, but are we pretty confident of
that right now? >> Yes. Yeah. >> Yeah. >> Can you tell can you tell us about the eco moorings? How how how do these affect the bottom? >> Yeah. The these are used widely throughout West Felmouth and and variety
of other areas. It's basically a helical screw um that is bit depending on the size of the boat of the size of you know the the object on the moing um is beefier for bigger boats and goes deeper. Um, the
helical screw is screwed in like this. You've got a mooring chain that's essentially encased in a a um a tube that has uh bungee cords in it that uh keeps tension on at all times. So, at
low tide um with light wind, the chain would tend to drop to the bottom, but the bungees keep it off the bottom. So tower, >> but are they pretty commonly used throughout throughout the rest of the harbor? >> Yes, every every one of our um >> so they're pretty standard >> other eight moorings. Yes, they are.
They're standard and budget state coalition, you know, has been for people to put those in. >> And one last question, the anchors the anchors aren't aren't permanent and put there all the time. They're just put on there in weather conditions. Is that correct? Or will they be there full
>> talk about the the the uh anchors described in the storm plan? >> Yeah. Yeah. >> Yeah. That would be like you you see it, you know, a storm's coming. They predict the uh you know, a certain wind direction for let's say a category 3 hurricane. You put an anchor out in that
direction as a as a backup. >> Okay, that's all my questions. I would just reinforce what I said at the beginning. I think as as as a commission, we should give Mike the direction he needs to go ahead and start getting uh you know, the war depth uh officially and measured. That's what I
think. And I'm done. Thank you. Thanks, Dave. Ronnie, >> Mr. Jackson, thank you for your presentation. Um, and the staff, I I'm in agreement with the staff and and most of the the members. I'm a lifelong
resident of Falmouth, grew up in West Fmouth Harbor. Um, and I do have some concerns and I do think that we're going to need to see a survey in the water depth, a shellfish survey, and the eelgrass is a concern. I mean there the people shell fish there for years and
then we got to think about future growth of eel grass. Have you What are the other locations? Was there anything out towards the yach club area out in that area out towards uh the jetty to the right there? Is there any locations out there with deeper water?
>> Not not really practical locations for sailing float. uh in large part because the the town owned breakwater um uh which is on the north side of the harbor entrance is increasingly
underwater. Um and so during a high tide there's pretty significant surf in that part of the harbor and there's also very high uh eelgrass population in that area. That's where most of the scolop uh >> correct
>> shell fishing is done. And and uh so yeah, I think this is the this is the best spot for all a variety of different reasons, but probably the biggest one is just it's the most out of the way for for traffic. >> Yeah, I think when the draft of these
floats with the weight on them, I think that needs to be calculated especially to the from you know, we're concerned about the depth of the water underneath the float. >> Sure. >> What's the draw? what's going to draw for water. >> So, I definitely think >> I think it's a, you know, great I'm all
for kids sailing and stuff, but some of this stuff needs to be addressed to move forward. So, I think you're going to need to to have, you know, the water depth survey, a shelfare survey, and things of that nature and the eelgrass are going to be uh major components, I think, to to move forward. So, I think
uh I would be ready to do that. That's all I got. Thank you. Thank you, Ronnie. And uh for myself, I'm pretty much in similar agreement with the rest of the board. We do hold um you know, private land owners and
people that are even repairing docks to make sure that uh they have a proper survey for shellfish and depth. So, um having those two done would definitely be a first step in anything. Um, seeing that we are going to have to continue
this wait for some more comments. So, that would be just my uh comments on this. Um, Jen or Alyssa, do you have anything more to fall back on after the discussion?
If not, is there anything chat? >> Oh, wait. Alyssa, you raised your hand. I just wanted to make one note for the record that um the conservation department did receive many uh public correspondences as Steve noted. Um they have been emailed and read by all of the staff and commissioners and a part of
the record. Um so if anyone wanted to, you know, read that email tonight, please know everyone here has read it. It's officially part of the record. >> Yep. Yeah. And I've read every single correspondent that came through in the last couple of days as well. I think most of the I think all the
commissioners have as well. Um, so if there's anything in the chat, um, >> one second, Mr. Chairman, I just messed up my Okay, now I can see people again. Um, right now, Mr.
Chairman, there is nothing in the public chat. >> All right. Well, seeing that I know we're going to need to continue this. Um, is there a specific date that works for
the um conservation department and Mike or we just literally waiting for Chuck to get back or what would you guys consider for a contin? >> I'd like to make a motion to continue, but I think they're going to need time to get the the ser the water depth
survey and the shellfish survey. So, they're going to need time to do that, I would think. >> Well, what we could do is we could continue it to March 4th. Mr. Jackson, you can do some uh you can
see how fast you can get a survey done um of that water depth. And what I would suggest is even though I wouldn't do just where you have them on your presentation because you want to shift them with Greg, I would do more of like
a grid pattern around the three on your on your um your presentation, the the three locations you had. Greg had shifted those slightly. I can't remember whether to what direction he shifted those in,
but it would it would be helpful if you, you know, and it also would be helpful for Greg and Chuck to grid out that water depth so that you can move those around if you need to shift them if Chuck wants them shifted this way or that way. Um, that said, what I would
suggest is I know it doesn't give you a lot of time, but at least you could come back to us with an update on where you are. So, if we continue that you to March 4th, then at that point, you could tell us where you are in the process of
of getting some water depth information for us. >> Yeah. >> Does that sound reasonable? >> Absolutely. It sounds It sounds reasonable. Um, I'm sorry you don't trust my ore in my my Google. Uh, >> you and I had a discussion about the ore.
>> Um, the other thing that I' I' I'd ask given, you know, this the the situation uh with, you know, our timing, which is our problem. Um, but I I wonder if we can make some of these considerations a
requirement uh under an order of conditions though that there will be 3 ft of depth. There will be uh no eel grass in the area and then you know that's kind of the way that uh the shellfish constable and the harbor
master had written it up in the 10A. Um, and I'm just wondering if that's a possibility. >> Why don't you give us an update on March 4th? Um, but right now I would look for a surveying company at least to do the water depth information for you. I think
that's going to be that's going to be the most important for you to have. >> Well, it's nice harbor or water depth information again gritted out so that you do that you that that the sailing
program, excuse me, I always want to say outclub the sailing program, Greg and Chuck have the flexibility to shift your floats around where they see fit. >> Makes sense. Yeah, you want to give yourself a lot of flexibility over
there. >> I think this a shellfish survey would be in order as well. I I personally >> I'd like to I'd like to question >> I'd like to quickly question that because these are these are seasonal floats. So there's not going to be any overlap with shellfish. As long as you have the water depth, it's not impacting
the shellfish, right? >> They're going to be out by the time people are shellfishing. So, what when are you planning on putting them in and pulling them out? >> Yeah, they would they would go in um you know, the beginning of the sailing program is usually the middle of June uh
to the last week of June and they would come out um towards Labor Day, you know, then again that we're relying on Ben Carson to put them in and put them out. So, little flex on that, but they're seasonal to the sailing the
youth sailing program. >> Okay. >> And talking to Chuck yesterday, he said there's there's no conflict with shellfish uh people shellfishing um because there's no overlap between when those floats are in and the shellfish uh shell
fishermen are out. >> Okay. The water depth will determine that. I think a lot of that. So, I think that's definitely needed. Okay. Thank you. >> All right. >> So, what date do you want, Mr. Jackson? On in March, we are meeting on the 4th,
the 11th, and the 25th. >> Yeah, let's let's let's go presumptively on the 4th and I'll see what I can do now that the harbor's open. Maybe I can get somebody out there. >> Okay. And just so you know, just another little wrinkle, the board needs that
information a week in advance. So, >> it would be the 25th. I mean, you would have to get that information to us next week. I don't think you're going to be able to do that. Um, and and my apologies. I I kind of jumped the gun on
that one. Um, but if you do want to continue to the fourth and give us a progress report, that's fine. Um, knowing that they the board does need their information because they do like to review it. This is a very thorough board. They can't review anything at the very last minute. So, we do like to give
them time as a volunteer board to to give them time to review the information submitted. >> Sure. I I'd like to be an optimist uh no pun intended on our Optimus Pram sailboats. >> I'd like to make a motion to continue to
March 4th and hopefully we can have a water survey, but we'll have an update by then. Second. All right. I have a motion, a second. Any questions? None. Not seeing anything in the chat,
Jen. So, I will uh call the roll. Steve >> and I, >> Dan, >> all shy. >> Dave, >> I >> Ronnie >> Bi, >> and Duffy I motion to continue to March
4th has passed. Thank you, Mike. Much appreciated. Thank you for the presentation. >> Thanks, Mike. >> Thank you all. Good night. >> All right. Next up, we got Anthony Aini Jr. and Elaine Aini. 42 Squib Knocket Drive, eastbound with Mass for
permission to reconstruct retaining walls, steps, a deck, a patio, restore the coastal bank, and install restoration and mitigation plantings. Jen, >> yes, Mr. Chairman, I am promoting Mike Burcelli, Felmouth Engineering to
present his project, and all of our attendees are slowly disappearing. Hello, Mr. Chairman, members of the commission. For the record, Mike Borcelli. I represent the applicant. Uh, uh, Anthony Aini should also be in the
audience. He may want to be impanled. >> I don't see Mr. Aini, Mike. He's not here. >> Okay. Well, for the moment then, I'll just proceed on my own. >> Okay. If I see Mr. If you do want me to just automatically uh promote him to a panelist. >> Okay. >> Yeah.
>> Um as you all know, I'm going to share my screen in a minute, but as you all know, an enforcement order was issued against um Mr. Aini for unpermitted work on his property. It was discovered by your staff
and um we have already been before you just to uh talk about and share plans with you and the enforcement order that was issued uh instructed us to file a notice of
intent uh proposing to remedy the situation. So we filed that notice of intent and I'm here tonight to present the plans. Um in the interim I have met with your staff on a few occasions. Um the staff issued
a staff report. We as recently as I believe it was Thursday or Friday uh looked at the plans just to sort of uh vet things so that it wasn't all brand new tonight for at least the staff and I. I'm going to be asking for a continuence
after I make my presentation to give us time to address a lot of uh I'm going to call them punch list items or clarifications or things to add to the plan. And then I don't know that it's worth boring you with all the details of that, but I'm going to show you the
general plans and I'm happy to share the details with you, but I'm going to show you the plans and talk about the methodology and go through where we are and where we're
hopefully headed and then take questions. So, I'm with your permission I'll share my screen. Go ahead. >> Thank you. So, I'm sharing with you a plan of existing conditions
at the property at number 42 Squib Knocket. Um, it's been before you on previous occasions, most recently as an RDA for house renovations. The property is just over 12,000 square
ft. It has a water frontage on the upper reaches of Yield Pond. It's actually a canal at that point. It's in the very upper reaches of Eel Pond. There's a uh sheet pile bulkhead on the waterfront. There's an existing licensed dock.
There's land under the ocean, a coastal beach uh and land subject to coastal storm flowage is identified by this blue line. And there's a coastal bank because the slope meets the definition of a coastal
bank. the top of the bank. I'm going to trace with my mouse and it meanders through the property here. I've I've shown also the 50-ft no disturbance zone from the top of the bank and the 50ft outer buffer zone from the top of
the bank. This plan shows all the existing conditions, but it's got shading on it to show the current today in pvious surfaces. The blue being within the A zone, the orange color which is just a part of the driveway in
the B zone. There's also some red lines on here. And the red lines actually represent what used to be not too long ago. And what used to be is a a wall that existed here that I'm
tracing and a deck that existed here for reference. Uh so anything seawward of this red line including patio and a a new retaining wall and
steps was built without the benefit of permits. uh we can't even come back to you for after the-act permitting because it wouldn't be allowed under your regulations. So I just show this to you to illustrate
the current situation and hopefully have a plan to remedy things which includes removal. And with that I'm going to show you the next plan. So the next plan
uh is entitled the demolition plan and it highlights in a tan color things that have to be removed to bring it back into conformance with what you could approve. So
there's notations with numbers on here and then there's a key. Um, if you make reference to the demolition notes, um, number one says, uh, it's a portion of stairs and deck to
be removed. Number two is a portion of an unpermitted patio. Number three is a an existing retaining wall. And number four is some existing stairs
uh that need to be at least temporarily removed. And the reason these are proposed to be removed is simply to gain access to remove the other things. So
this that I'm tracing now is a retaining wall that goes seawward of what would be allowed and it supports a patio. The plan is to basically saw cut the
wall and remove sections of wall and sections of patio. uh to do that work there's an access necessary. The equipment that is proposed to do the work includes a mini excavator
that will make access through here after these stairs are removed. This would be just a slope down and this all this uh concrete and patio will be saw cut into manageable sections.
um and then removed the mini excavator will break up and saw cut. There's another axis over here. Um and there's a piece of equipment called a dingo or a um it's like a
walkbehind mini bobcat. It's the best way I can explain it. And um the mini excavator would work this way and gain access, break up and load
the dingo bucket. The dingo would then carry the material back out, loaded it on trucks and take it away. So all everything would be removed that could not be permitted.
And then once the demolition occurs, new construction can occur in places where you could approve it. And that's what this plan represents. So, this plan
represents with shading for reference uh what we're going to propose to do, which is to rebuild the wall in the place where it used to be and then rebuild
these stairs and hopefully allow some of the things that were built that I've highlighted in blue like landscaping walls and granite steps to transition around the house that are in
existence today that weren't permitted but could be permitted uh to remain. Um the white areas are proposed to be bark mulch. And the reason they're bark mulch and
not patio is because when you do an inventory of the imperous surfaces on the ground today, uh it's obvious that we're way over. Um
but we have to have a baseline starting point. Um which which is Oops, sorry. Um the baseline starting point is what used to be.
The baseline starting point of the shaded area is is what used to be that we can inventory and take as the starting point to compare with what will be after
the demolition occurs and after the reconstruction occurs. So in this scenario, the area that used to be in blue is just over 3,000 square ft and it includes the house driveway ex the previously
existing deck, some stone work and a wall. And then this white area was a mulch area. So that was our baseline. And we're basically comparing the
proposed plan to that. And um if you calculate all the area on the proposed plan after the demolition occurs, you have um
just over 3,300 square ft in in the Azone compared to what used to be, which was 3,027. and we had to kind of recreate what used to be. We happened to be the engineer of record at the time, so we had the records to be able
to do that. The difference between those is just under 300 square ft. And your regulations require a ratio of 3:1. So that yields just under 900 square ft of
mitigation required. Um, ironically, in the B zone, there's a slight decrease So there's no mitigation required for the B zone, but there's already enough needed for the A
zone that we have to find a home for. So this plan shows in green where we would propose the mitigation in the A zone to mitigate for that increase. We're trying very hard to
salvage what we can in a bad situation. Um to try to minimize the work. Um I think we're close, but after
meeting with your staff, I think we're not quite there. So you you'll see on this plan the deck is proposed to be scaled back. The stairs are proposed to be that lead from
the deck down to the lower level uh rebuilt. You'll see a red jog here. This is a a hopeful plan to square off the deck. Uh we may not be able to do that in its entirety based on the staff report. So
that might be getting refined. We were hopeful that we could keep some patio. We were trying to trim off everywhere we possibly could to minimize the increase in imperous surfaces because that translates to minimizing
the required mitigation and we have limited areas available. So we're trying to balance things as best we can. We're not I don't think we're quite there yet based on the staff report and in my meeting with the staff,
but I think we're very close. So um I don't know how much more detail you want me to go into, but I think I think your staff has um a
good handle on where we're at based on the staff report and the feedback I got from them. and we wanted to show you that we were um responding to the enforcement order and we met the deadline for filing the
notice of intent. We showed in our initial plans of how we hope to bring this back into compliance. But I'm going to take questions, comments, and I'm going to request a further continuence
to March 25th. uh you're not meeting on the 18th and that'll give me time to meet again with your staff. I uh I've got a an appointment set up with a contractor who I think is
qualified to do this work for next Wednesday. I plan to meet with Mr. Aini and the contractor on site next week and go through this in more detail. In between that meeting, me meeting
again with your staff and going through the minutia of the staff report, I'll be coming back with another revised plan that I'll submit no later than March 18th for a continued hearing on March 25th.
So, with that, I'll stop sharing and take questions. Thanks, Mike, for the presentation. Much appreciated, Jen. >> Yes, Mr. Chairman. Thank you. Thank you, Mike. Um,
appreciate the all the plans. It was really, really detailed and easy to follow. Uh, we all know it's a difficult situation out there, but we do appreciate uh Mr. Ravini's responsiveness to the commission's uh enforcement order to get the notice
filed and to begin working with us. As Mike said, there is um there's a little bit more work to be done. We had a really productive conversation last Thursday or Friday. My days are blurring together. Um but we had a productive
conversation. Um went through it in in great detail. Um, and and we're making progress. So, again, like Mike, I don't think we need to to dive into the nitty-gritty of the plans. Um, we have a
handle on it. Mike understands where we're coming from. I believe Mr. Aini understands because not only Mike was on the conversation, but the property owner was as well. Um, so all parties are informed and we're moving forward in a very productive manner. And that's all I
have to say for right now, Mr. Chairman. Thank you. >> Thanks, Jen. Melissa, anything to add? >> No comments. Thank you. >> You're welcome. All right, we'll get commissioner comments. I'll start with you, Steve. >> Thank you. Um, it seems like the staff
and and uh Michael have spent some time and are getting closer, right? >> It's very difficult situation. Um and um I guess I don't have any other questions. It looked like we had achieved most of the goals,
but I'll have to hear uh what modifications still need to be made. But thank you for the effort. >> We don't have any other questions. Thank you, Mr. Chairman. >> Thanks, Steve. Uh Dave, >> I have no questions. I just want to echo
what Steve said. Uh these are great plans. It's a lot and Jen, it's a lot of work. So, it's much appreciated, Mike. >> Thank you, Ronnie. >> Uh, thank you, Mike. And I I I have no questions. Everybody uh kind of touched
on it. You're working with staff, and I I appreciate Mr. Vini being so forthcoming originally and trying to rectify and fix this, and it's it's not a great situation, but uh he's trying to make it better. So, no more from me. Thanks,
Thank you. And Dan, >> um, yeah, thank you, Mike. I think the plans actually are really informative. They're really, they make it easy to figure out what's going on. Um, this is maybe something you already touched on with staff, so if it is, that's fine to say. So, but in the plan, you're showing
the deck actually being reduced in size. I guess back to the old footprint. What isn't on the PR plan are the dry wells that must be there at the moment. And what I can't tell is when you reduce the porch, does that change the drainage that excuse me, the deck, does that
change the drainage that needs to be addressed or reconnected to the drywalls or something else? There's just no notes at the moment or anything related to it. So, I was trying to just go, what's the thinking? >> Sure. Um, good question. The the drywalls are there. Um, they'll be
reconnected. Uh thankfully they were sized adequately for the previous situation. They're they're always oversized and the changes we're making are uh are so dimminimous
that they don't have an impact on the cap on the the capa the the drywalls have adequate capacity. >> Oh, I'm sure they are. I'm absolutely certain they are. I just didn't >> because the deck's getting smaller. So, of course, the capacity is getting smaller, but nonetheless,
>> I was just trying to make certain that they were getting reconnected. That's all. >> Yes. >> Nothing else. >> Thank you. >> Thank you. And I'll just echo the other commissioners. Um, you know, the situation isn't the greatest, but uh much appreciated in the work you and Mr.
Abini are doing to rectify the situation. And with that, um, if there's no more comments, then I will take a motion to, um, continue till the 24th.
>> 25th. >> 25th. >> Make a motion to continue this item until March 25th. Patton >> and second. >> All right. A motion and a second. Any other questions? I'll call the role. Oh, Jen. Just for the record, there's
nothing in the public chat if you hadn't already stated that, Mr. Chairman. >> Thank you. My apologies. All right. Steve >> Ben. >> Dave. >> And I >> Ronnie >> W. I
>> Dan. >> Dan. >> Muted. Dan. >> Sorry. Walsh. I >> And Duffy. Motion has passed to continue to March 25th. >> Much appreciated, Mike. Thank you. >> Thank you, Mike.
>> Thanks, Mike. And next on the agenda is Edward and Gail Connelly, 274 Edgewater Drive East, East Fmouth, Mass for permission to raise the existing single family dwelling and attached garage construct a
new single family dwelling with attached garage deck and patio and all associated grading, clearing and landscaping. Jen. >> Yes, Mr. Chairman. Mike Gelli is still with us this evening. Felmouth
Engineering to present this project. >> Thank you, Mr. Chairman. Again, Mike Borelli, Felmouth Engineering. I represent the applicant, uh, Gail and Ed Connley. The Connley's are actually in my office. They're sort
of in the witness protection program in the background if there's specific questions. They actually thought the hearing was an in-person at town hall hearing and they live off Cape, but they were happy to get away from suburbia and
were come to the Cape. So they when they found out it wasn't at town hall, they still stayed on the Cape in their Cape House and but they don't have Zoom capabilities which is probably a good thing. So uh they came here. So if there's any questions for them, they're
they're here as well. And with your permission, I'd like to share my screen. >> Go ahead. >> I am sharing with you the Connley property at 274 Edgewater Drive East.
This is the existing conditions. Um this is on Sea Coast Shore. It has u water frontage on Eel Pond. It overlooks Washburn's Island. There's an existing house and detached garage. The lot area
is just under 11,000 square ft. There's an existing licensed dock on the property. The um wetland resources of note include land under the ocean, land containing shellfish. There's a small
u area of salt marsh. There's a stone rip wrap terrace area that's been here for a very long time that slopes up to um the top of the slope. This is a
coastal bank by definition. We've identified the coastal bank boundary. There's also um land subject to coastal storm flowage that includes a VE14, an AE
um 12 and a um nonhazard flood zone. Um we're also showing on the plan the Falmouth wetland regulation velocity zone which is 25 ft from the Vzone in parallel. Um,
this plan shades the impervious surfaces for your reference. There's a version of the plan that's not shaded, but I think it's good for presentation to show you what we've inventoried for the current condition. Um, the A and B zone from the top of the
bank are shown. the 100 foot a zone from the salt marsh is shown which is the most restrictive A zone which is why everything to that boundary is shaded blue because that's no disturbance zone A from the salt
marsh which is more restrictive than the no disturbance from the top of the bank and then there's a small section of uh B zone which is the existing driveway the new plan Um, it this is a raise and reconstruct
and it's been designed specifically in a in an effort to um make the impervious surfaces not exceed the current um impervious because there really isn't any room to do any
mitigation planting on the site. and the site lot size is um smaller as it is at just under 11,000 square ft. And there's other issues related to zoning that we have to pay attention to. Um by the way,
um a special permit from the board of appeals is necessary and has been applied for. Um Kevin Clower represents the uh Connley's in that matter. I don't know the date, but I know it's it's been applied for. So, this is the proposed
plan. Um, the existing house is shown in a red line work in the background. Uh, this is a classic redevelopment project in accordance with your regulations at FWR 10.18.
Uh the site changes have been designed to first not move closer to the wetland resources than the existing primary structure. Um it doesn't um and there's actually a slight decrease in the
imperous surfaces and that's outlined on this table. there's an actually a 57 square foot decrease in the A zone. Um, ironically, there's a
minor increase in the B zone, but the decrease in the A zone is much greater and offsets that. So, no mitigation planting is required. We show um dry wells to contain roof
runoff. We show the limit of work on the property. Um and um we show the existing septic system. The existing septic system is still
adequate. It ironically is already in IA denitrifying septic system. The Conley's um were proactive way back when. It's been in the ground for 20 years. Um, and it's been functioning and tested and up
to snuff with the board of health and it's in a place where um, it meets Title 5 requirements and there's no need to do anything with the septic system except um, continue to maintain it. It will uh, of course be protected during
construction heavy equipment. and it'll there'll probably be steel plates placed over it just to protect the structural integrity of the septic system, but um there's no need to upgrade it.
We show an AC pad, we show a generator, and um I think I already mentioned the drywalls. So, we've done everything we can to put this house in a place that meets all of
your requirements under uh the redevelopment section of your regulations. And I'm happy to take questions. Um I might I might add um
the staff report was pretty good. I think if I was a student, maybe I'd get an A on this one. I don't know. But I didn't see anything really negative in the staff report to speak of. Well, there were two things. Um um I think the there was a float on the
dock. Um I instructed Mr. Connley the float couldn't be on the dock because it wasn't permitted and I knew that the aerial photos would show that float. Um so that is
understood. Um the staff report also makes mention of an existing ceda tree that had been pruned. Um the Conley's um no longer used the landscape contractors
who did that pruning. They were aware of it. They know that they can't prune that cedar tree and they have no intention to do anything more with the cedar tree. Um there was a reference to
a permit from I think 2001 which I think was a previous owner where there was a requirement to plant Rosa ROZA plants on the coastal bank to the uh total of 15 I
believe. um that was from 2001. So kudos to your staff for finding something from 25 years ago or kudos to the staff for having good records, but
I'm told by my client and she's provided photos. It's hard to see now. The 15 rose regosas are actually there and they they're healthy. Um, we're happy to meet on site and prove that maybe in the
spring when they're back in uh growing and have foliage. Um, I can also provide photos, recent relatively recent photos that show that they're there. So, I think that sums it up now and I'm I'll stop sharing and I'm happy to take
questions. >> Thanks, Mike, for the presentation. All right. Jen. >> Yes. Mike, I was shuffling through my papers. Did you mention the retaining walls, not the retaining walls? You had retaining walls in your narrative and
not on the plan. >> Yeah, there was a reference, an inadvertent um reference in the narrative to a retaining wall. That is not there. There's no proposal for retaining walls. >> No proposal for retaining walls. check
along with the um float. Um unfortunately um some of the aerials are showing multiple boats on that dock. There is a condition in that dock permit and that there would only be one on site. So uh
please make your clients aware of that as well. Rose ghosts we can handle in the spring when there isn't 2 ft of snow on the ground. So, we can look at that. >> Um, and that's all I have, Mr. Chairman. Thank you. >> You're welcome. Anything to add, Alyssa?
>> Yeah, just one extra comment on the rigosa. Um, that's why I attached the aerial photos is, you know, the vegetation has been managed over time. So, if anything, including the regosas decides to grow in there, it should be allowed to being a protected buffer. But, we can certainly look in the
spring. It was kind of hard to tell with snow and winter, but cool. Thank you, Thank you. >> All right, I'll open up to staff. Uh Steve, >> thank you, Mr. Chairman. So, Mike, the uh sewage flow rates the same for this
one as existing. >> No increase in bedrooms. Yes. >> No increase in bedrooms considering Edward Drive in the last couple of years. That's quite a statement. U I I think it's remarkable that you were able to to keep it to the to the good side of
the mitigation. So congratulations. >> Thanks. >> It's a challenge sometimes. >> Dave, >> it's funny that as the last comment. My my only question is looking at the uh the second diagram with the new house
compared to the old house. I see the whole area between the h the current house and the garage is new new uh new building and and I see a 10 by19 pad. Mike, I'm surprised looking at the the diagram, you could reduce the uh the square footage. Uh although I do see a lot of little things from the old from
the old house sticking out, I guess I guess they add up. Uh it look at the diagram. It looks like a bigger house is my point. >> Yeah. Well, one of the things that uh we're we're eliminating that ex is there today is a big a big uh driveway area to the adjacent to the uh existing garage.
And that existing detached garage, that whole area is getting somewhat reduced. There's a lot of walkways that are >> sort of unnecessary. So, you know, >> what's the first thing you mentioned? The driveway. Explain that again. I'm
sorry. Um on on the existing conditions plan adjacent to the garage was a parking area that's crushed stone in an Azone that um was a big part of the
imperous surfaces that now um is being removed and we talked about this with the client in an effort to keep us below the number of requiring medication. and and said, "You're going to have to
deal with uh you know, occasional um cars being parked on the grass there, one or two." So, they're they've got they now have a a a a good attached garage for their vehicle and their kids
will park out on the driveway. So, that was one way we were able to reduce the overall impervious. That that that must be it cuz it >> Yeah, >> the house itself looks bigger but Okay. >> Yeah, >> that's fine. Thank you. >> Mhm.
>> Jen, did you have a comment? >> Yeah. >> Okay, Ronnie. >> Uh, staff's good. I'm good. Thank you. >> Dan. >> Yeah, I'm good. Let's see. Am I on? Yeah, I'm good. So, I'm good. I just have a question for Mike on the
drawings. At the top of the drawing, there's in the back right hand corner, what would that be? north northeast corner there's this line that says paved back there. So I when I was out there I couldn't see because it was covered with snow. I'm just curious what is that that's back there. >> Paved
>> or is that arrows to something because it says paved and >> I'll show you if you if if you don't mind I'll share my screen again. >> Um sure. >> I think you're referring to this area here. >> Yep. You got it. There's a little bit of blue stone,
>> like a little walkway that that really serves no purpose. >> It's It looks like it runs off the property. So, it's kind That's why I was trying to go what what's what's the function of that thing up there? But >> it was there. >> It was just a remnant of a landscape area before the
>> current owners own the property and it serves my purpose. >> Yeah, >> that was it. Just curious. Thank you. Mhm. >> Well, the only purpose it serves, it's been there so long, we're able to take credit for removal of it.
>> All right. And uh I don't have any comments. Uh um everything looks good to me. Uh Jen, any comments in the chat? >> Nothing in the public chat. >> All right. Any last comments? And if
not, I'll uh hear a motion. >> Motion to close the hearing. Take it under adisement. Patton. Second. >> Motion to close. Take it under adisement and a second has been called. Discussion. Seeing none. I'll call the roll.
Dan. All >> Dave. Can I >> Ronnie >> Balman I >> Steve >> Pan I >> and Duffy I motion to close and taking our advisement has passed >> great thank you very much
>> thank you >> thank you Mike >> and for the record I would have given you maybe an A minus >> of course you're a tough grader thank you have a good night >> have a good >> being nice to you because your customers are right there with you
>> know that's not fair I think Courtney would give an o on that one. >> I don't know about Courtney. Thank you. >> Have a good one, Mike. >> And uh next uh Timothy Liam, trustee. I believe that's been already been
motioned to continue. >> Excellent. So next we have continued hearings under an order an enforcement order. David and Marcy Barnes 38 Squibnocket Drive found with mass unpermitted construction of
retaining walls steps in a patio placement of decking and alteration of a coastal bank. Jen >> yes Mr. Chairman I have promoted I'm promoting Mr. Barnes up for this hearing.
There he is. So, we have received the plans. So, thank you, Mr. Barnes. Those were helpful um to determine our next um course of action. Uh the board
received the plans, the existing condition plan, and then an overlay plan of previous conditions with uh the overlay of existing conditions. I don't believe we need any more
information at this time, Mr. Chairman. Per our uh town council's guidance, um we will require the filing of a notice of intent for the corrective action. Um and
being consistent with the other two properties out there, staff believes that all the fill should be removed. the bank regraded the walls to be moved to reflect their uh and to reflect their original height and locations and we can
um write that up in an enforcement order for you. And that's all I have, Mr. Chairman. >> Thank you. Um I'll give Mr. Barnes a chance to address the commission. >> Okay. Um yeah, so I got a email from
um Jennifer um about 4 hours ago. Um not a lot of time to prepare for this hearing. Um but the letter went into some depth about essentially and I I think you all got it on your email. Um
that you know well maybe I should share Can you folks see this? Hello? >> Yes, >> we can see your plan. >> Yeah, we can see it. Yeah.
>> Okay. Okay. So, um this is Let's see. This is an overlay. All right. So, if you can follow my cursor, right here was a retaining wall, which was railroad tied and rotten that I've showed you pictures of in the past.
Over here is another retaining wall that was railroad tied and rotten. Down the middle were stairs. So these um these retaining walls were replaced. And this one is moved one foot
closer to the water. This side the contractor told me he wanted to go straight across with a trench. Made sense to me. This one's 5 ft closer to the water. Um so cumulative square footage on encroachment between these
retain walls is 300 square feet. Um, so the the effect as it's been explained to me after digging around, interviewing people and doing my research is the conservation commission concern about
the proximity and these retaining walls and really everything in my backyard because the 100 foot coastal zone includes the entire house. So the steep steepness of the backyard is extreme. The backyard go is is about 50 feet
long. Okay. So, you know, I I do need guidance at some point from you all on what could I even do to my house? Could I replace the shingles? Um I I I would like to understand these rules that you are enforcing so strictly as to um the
benefit and also the dos and don'ts. But um anyway, it was explained to me that the water shed is the issue and the engineer I spoke to who's a family friend told me, Dave, the water can't shed to your neighbors left and right, so that is no concern. The water would
shed into the ocean, but the ocean can't flood. So, I I uh I would just love some um understanding of of what we're after here, you know, is it that by the authority of
commission who didn't receive a permit application, you know, so my neighbor Tony Aini is going to spend hundreds of thousands of dollars doing that and he's uh works in town and I get it. He's got to I don't have this. So what I'd like
to propose is that this 300 square feet I can put mitigation plantings all I have a lot of space to put plantings all through here and then also all up here. There's a lot of square footage to do mitigation. If I could leave the structure in place and then I'd like to
show you two more shares. But when we're in plan view here just looking down there's this wall here that my cursor hopefully you can see is running back and forth on that was not existing. And I'd just like to address that with you because these are the these are the three things we did. This wall, that
wall, and this wall. So, let me uh share something different here. Um I've showed you folks this in the past. This is what we started with. So, you can see this is my yard. You could see this erosion. You
could see the roots of these trees. I I've explained three times to this the commission that this tree fell into the water and I needed to get that tree removed. Um in the I got earlier this
evening. I believe Mrs. Lincoln described a tree stump and it looked like trees were removed. Well, this tree fell and the other two trees are still there. Um but now just if with you could kind of bury that in your brain that erosion that you're looking at. I'd like
to show you a different share. So, this here is the wall now that's holding back that erosion. And you could see the two trees there. Um, it it was recommended in the letter that
again I just got four hours ago and looked at that I take this down and regrade it back to what it was. So that as a recommendation of what to do, that's really confusing to me. So I I can take
this down, folks, and pay a contractor tens of thousands of dollars. The whole yard's going to go in the water. These trees, the roots are going to be reexposed. So, I I guess I'm really struggling with
this um spending a life-changing amount of money to um you know, kind of for what. So, I guess I'll just pass that on to you all. >> Thank you, Mr. Aini. Um
>> I'm Mr. Barnes. >> No, my my bad, Mr. Barnes. Sorry. >> That's all right. That's all right. Yeah, he's next door to me. And then my other neighbor on the other side's new one. >> And then there's a neighbor a few houses down that I don't know where that's at,
>> but >> Jim, did you want to respond? >> Um, I can only respond by saying the wall. Um, there's unfortunately
the wall, the patio and everything else is moving closer >> than the present primary structure. And that that is the crux of this >> of this issue is that your regulations clearly state that you can have no
encroachment beyond the present primary structure. >> So the wall and forgive me I'm going >> I'm sharing it, Jen. I'm sharing it if you want to use my share. So, yep. The wall
with the patio attached to it, the one with the circle with the fire pit. Unfortunately, that patio is moving closer than the present primary structure in that zone. A, Mr. Barnes. So, that is an actual regulation that we have that that cannot
happen. Um, so that is why that patio and wall do need to be removed. the railroad tie wall in that area before was like just a one one railroad tie. So that wall is currently um taller than I
am. So there was a significant amount of fill that was brought in. >> That that that's not true. Um Jennifer, that's not true at all. So the wall the railroad tide wall that you're referring to at one railroad road tie was 4 and a half feet tall. Um the new wall is 6
feet tall, but it was a 4 and 1/2t wall there. And and al um just while we're on this, if we could just have a back and forth because I know you're going to may want to make a lot of points. I just want to make sure that we the whole conservation commission um just understands all of the detail. So this
is tiled here and I would remove all this tile and put down gravel. So then it's a pvious uh surface in addition to the plantings. But this is only 1 foot, literally 12 in by survey closer to the
water. >> I'm talking about the height of the wall, sir. >> Okay. And the height of the wall was 4 and 1/2 ft and now it's a 6ft wall. So >> the one railroad tie was 4 and 1/2 ft tall. >> It was three row three above a footing.
Yes, it was 4 and 1/2 ft tall. Absolutely. >> That's not what our picture says, sir. So, Mr. Barnes, you will have a chance to to file that notice of intent and and make these arguments. Um, our council
has again re um given us guidance that these enforcement matters be handled through an actual filing of a notice of intent. In that notice of intent process, you can present the information to the board. Again, whether it's patio
or gravel, our regulations say no impervious or pvious surface that does not support natural vegetation can move closer in the zone A than the present primary structure. That's a clear uh regulation and and one this board has
upheld for for many many years. Um we will write the enforcement this board will vote an enforcement order next week or no, I'm sorry, in two weeks. um requiring you to file a notice of intent
um and to take some corrective action. That corrective action will be discussed by the commission >> um and they will determine what they want. But the regulation cited um and I can cite the regulation for you. >> No, ma'am. I I I look I I'm not a lawyer
and hopefully we're not in court here. What I'm trying to do here is save some money um by not filing a notice of intent if this commission is going to vote it all down. So, I was hoping tonight to come and have a conversation,
a back and forth if you would about reasonleness and what can and can't happen here. Um, so you know th this wall down here I mean I would love to get the temperature of the
commission and I know the commissions are regardless of what the recommendation is they're the folks to vote is what I understand. Is this wall something that that you all want to have me tear down and um you know because if I'm going to pay a lawyer to file the
notice of intent and all this stuff just like a a sense so the the wall that's down there at the bottom that was um isn't holding back what was the erosion. Do folks want that taken out? Right. If you could stop sharing your
screen, I can do this a little bit more formally and ask the commissioners their comments now. Um, but just, you know, corrective actions will be taken place in the notice of intent. Um, and you can work with the
engineer and staff on on how to make those corrective actions. But I will, um, Dave, I saw your hand up, so I'll call on you first. I think might I think it might be helpful to uh talk about the process a
bit. Jen, we're gonna we're going to generate a document. It's going to that's what's that document going to be called? >> Uh an enforcement order, Dave. >> Right. And and that will contain uh that will that will, if I'm correct, that will define carefully the areas in which
regulations are in violation and areas and and then it'll it'll explain things that need to be addressed in the notice of intent. Correct. >> Correct. Yeah. So, Mr. Barnes, that document should be used to drive your notice of intent. It's going to tell you what you need to do to get back within
compliance. So, that document will be a driver for you in the NOI. >> Okay. But, um, can we agree that some things are subjective? >> We need a little more explanation of that, I think. Well, I've just been
listening to so many of these and um my my understanding is there's a law and then there's a local commission that mediates thing. No, >> you you'll have what you need in that in that in that enforcement order. It'll tell you what you need to do in in your
NOI. You'll you'll work from that and then you'll come back and you'll tell us I think this plan does that and we'll discuss it, you know. Uh so that that's your driver. >> Okay. All right. Then I'm not sure what was this meeting about then. Am
>> I am Am I correct, Jen? Did I explain that well, Jen? >> Yes, you did, Dave. Thank you. >> Then what was this hearing about? >> It was a continued hearing, Mr. Barnes, so we could receive the site plans that we had requested. It was important for
the board to have the plans so they kind of knew what needed to be. I had those at the last hearing in December and then we pushed it to this. So, so there was no real purpose of this one. >> Sir, your site plans were submitted on the day of the hearing last week. The
commission requires plans at least a week in advance. That's why we needed to continue so they could look at them. >> Okay. >> Actually understand them, you know. >> And then um is there any um guidance on how to um do a notice of intent?
>> We can provide that guidance to you, sir. >> Okay. All right. So, I'll look for some emails then, I guess. >> Um, >> Bill, Bill, can I say one more thing? Bill, you mind? >> Yeah. >> Uh, Mr. Barnes, uh, normally, uh, an
engineer does the NOI. I mean, it's it's a it's a, you know, it's a pretty rigorous process. Um, do you are you working with are you working with an engineer? >> Uh, not yet. No, but I'll get one.
>> Okay. Bill, I'm done. >> All right. Thank you. Um, any other commissioner comments? Ronnie, >> Mr. Barnes, this is quite unfortunate, sir, and I think it all could have been avoided before any work took place.
There's a process and you would have known your limitations of what you could and could not do. >> Yeah. >> And I really feel for you. So >> this is the the path that we have to take. >> Steve, >> are we looking to issue this enforcement
order tonight? Is that is that our mission tonight? >> No, Steve, what I would do is close the hearing and then we will we will draft up an enforcement order for you. We will provide that draft to Mr. Barnes and then at the
March 4th hearing you can accept it, remove elements of that. We will we will be basically detail out what needs to happen to bring the property back into compliance with your regulations and if you want to keep some of the elements or
not that that's fine but I think that's better addressed through the notice of intent process. For example, the wall Mr. Barnes was referencing towards the the the bottom of the slope near the bulkhead. Again, better better addressed
in the notice of intent process. >> So, yeah, but that's beside the point. I just want to see the enforcement order. >> Yes, you'll see the enforcement order before you go. >> Prior information about this wall height. There seems to be a great dispute on the wall. I'd like that
cleared up for us, please. >> I I lift it, sir. I'm not asking you to answer. I'm just saying this before I vote on this again. I'd like that clarified. Thank you. >> All right.
>> Bill. >> All right. I'll uh >> I have nothing to Oh, do you have anything, Jen? Sorry. One more. >> Only that I can show a picture of that wall. Okay. I can too. >> I can share
>> if if it's helpful, Steve. Um I think these were I believe the >> the ones I've seen weren't clear enough for me to understand. >> I I can share a picture. It's a It's the Zillow listing, I believe. Um,
so the wall that I was talking about was this one or two railroad tie wall, which looked at enough photos and plans, I have I doubt this wall is 4 and 1/2 ft tall. >> Um, so this is the wall I was
referencing. This one may um, but this is I believe Mr. Mr. Barnes, is this the 4 and 1/2 foot wall you were referencing? >> No, ma'am. No, >> this one is. >> Look, I look, I I've told the folks here that
I didn't understand the permit process. I had a contractor that came over and did work on my property that did the same work down the street, didn't mention anything in permits. So, I understand. Oh, I'm sorry, Mr. Barnes, but you know what? This is how it's
going to be. We're you're going to have to pay a ton of money. But I really don't appreciate being called a liar about a wall height that's on my property that I know the height of it and being challenged like this. Ma'am, I'm sorry. This is This is I am a
resident of Falmouth. You folks are absolutely being punitive. 100% punitive. >> That absolutely is it. And and and and the fact that you're challenging my word on this is really disturbing. Right.
I appreciate your comments, Mr. Barnes, and we're not trying to come at you. >> Um I I understand that you didn't know the the regs. Um but it's not personal. Both your neighbors are going through the same thing.
>> Um we're not singling anybody out. >> Yeah. >> And just want that to be clear. You sat through Mr. Aites. >> Well, there's there's other situations, sir, on the street that have Nobody knows what's going on. All right.
>> I don't I don't we don't take stock of what's on the street. I appreciate your opinion. >> Okay. Okay. >> So, all right. I'll take a motion to close the hearing. >> Correct. Motion.
>> Move. I move to close the hearing. That >> patent second. I have a motion and a second to close the hearing. Any questions? Hearing none. Call the role. Um Dan's not on the quorum for this. Is he Alyssa?
>> All right. Ronnie, >> I >> Dave >> Kai, >> Steve, >> Pat, >> and FBI. Motion to close the hearing. >> Did Dan vote? >> He was >> I don't think I'm on the quum for this.
Oh, I'm sorry. My apologies, Mr. Chair. >> No worries. All right. So, that is all set. Um, I see that we have to unta before we continue.
>> And I see and I need to recuse myself. >> Exactly. So, I'll hear a motion to unta. >> I so move, Kent. Batton second. >> All right. All in favor? Dan >> Walsh. I
>> Dave >> Kai. >> Steve >> B and I >> and DIY table. What motion are we? What RDA are we talking about? >> One by water court. Mr. Chairman. >> Yeah. Bianke. >> All right. George Bianke, trustee. One
by water court. Reality trust. One by water court found with mass for permission to reconstruct a rinse station and patio and install mitigation plantings. Alyssa >> staff recommends a negative three under the state and negative -2 under the bylaw. Resource area boundaries are not
confirmed. >> Bton so moved. >> Second. >> Motion a second. Any questions there? None. I will call the role. Dan >> Walsh. Dave >> K I. >> Steve
>> B I >> and Duffy I motion to um passes. Um do you want to quickly get the minutes out of the way before we go to the OC's? No. >> Sure. No, that'd be fine. >> All right. We need to vote in the
minutes for February 4th. Mr. >> Chairman, I move acceptance of the minutes of February 4th. Patton. 10 second. >> All right. Motion in a second. Call the roll. Dan.
>> I'm not on this one. >> Oh, you're not. All right. Dave. >> Kent. I >> Steve I >> Ronnie you can vote this one. >> You're muted. Ron. >> Ronnie.
>> Ducky. I could rework this or >> No, we can't. We need We do need a quorum. So, we'll we'll try again after the orders of conditions. >> Perfect. >> Maybe Ronnie will come back to us by then. >> He hates us. >> All right. Next vote. Orders of
conditions. First one. William Elizabeth Scandal 314 Quistet A Thalmouth Mass. Jen. >> Yes, I can take this one. The other ones I'm going to let Alyssa lead because she was here last week and I was not. But
this is the big um this is a fairly large um invasive species removal and restoration project all around um what formerly was the National Academy of Sciences which is now a private home. Crawford Land Management will do the
work. Hi Ronnie. Hi Ronnie. Um there we go again. and um had a pretty good site visit out there with their project team and staff. Um and staff is pretty comfortable with the work that is
being proposed. Did have some a few questions. I think those were answered. So I think you can issue a positive order of conditions for this project. >> All right. Any questions? All right, I'll uh I'll listen. >> Make a motion to issue an order of
conditions. Bman second. >> Uh motion has been made to issue an order of condition that's discussed and seconded. Questions? Seeing none, I'll call the role. Dan, >> again, I'm not on this one.
>> Oh, okay. Is he on any of these? Alyssa? >> Yeah. 306 26 and 351. Perfect. Ronnie >> B and I >> Dave >> Panti >> Steve >> B I >> and Dy order of conditions has been
passed as discussed William Melissa McKim trustees Nina's Marina reality trust 306 Grant a falmouth mass Alyssa >> yes thank you uh so this quorum is all of you this is a project to pretty much
finish up the um revetting of this property property. There is a small area that um was remained as beach and um unrevetted and was heavily impacted by storms this year and they're looking to um finalize that rip wrap structure and
add a bit more. Um they have easy construction access around the side of the house, though some repairs might need to occur on the street side. Um any vegetation that's disturbed on site, which is former mitigation, they are going to restore that as well.
Thank you, Jen. >> I just want to add usually when you have revetment projects, D and this board have um conditioned beach nourishment. It is not necessary in this situation. It is Felmouth inner harbor. Um it's a like
one of the two commercial harbors in town. Most of Falmouth Harbor is revetted. Uh I did meet with the engineer prior to this being filed and kind of went through the pros and cons with him um on um doing this type of
work and ultimately um you know supported them filing this notice of intent. Usually I do not support revetting eroding coastal banks but in this case just I will make the appropriate findings of it being found
with inner harbor commercial harbor the boat traffic the ferry traffic it it's it needs to be done. >> Mhm. Okay. Questions from commissioners?
We have a thing. >> Issue an order conditions as discussed. Patton second. >> Order of conditions. Motion has been raised and seconded. Questions? Seeing none.
Dan, >> all shy, >> Ron, >> I, >> Dave, >> and I, >> Steve, >> and I, >> and Duffy, I. Motion passes to an issue in order of condition as discussed.
Next, Andre Carbono 186 Clinton Aav Phalmouth, Mass. Alyssa, >> thank you. Yes, and this quorum excludes you, Bill. Um, so this is a property that is located in the velocity zone, though
they do need to upgrade their septic. Um due to the different requirements and criteria to install it, the best location will be partially within your 25 ft um offset to the Vzone. Um typically this is against your regulations. However, there is
nowhere else to put on site since it needs to be mounted. Um and they do need a septic. So staff is supportive of this proposal. Um in terms of anything to condition, I believe we are all set.
Okay. Any questions from commissioners? Seeing none, >> issue an order of conditions as discussed. Patton. All the second. >> Motion has been made and a seconded. Seeing no questions, I will call the roll. Dan
>> allshy. >> Ronnie. >> M. I >> Dave >> I >> and Steve >> Patton I. Motion to an order conditions as discussed has passed.
Next we have Mary Jane England 351 Davisville Road Falmouth Mass. Melissa >> thank you. And this quorum also excludes you Bill. Um so this project let me see so they are doing some deck
reconstruction and enlargement adding the appropriate mitigation uh mitigation for kayak racks they are establishing a corridor but not doing any pruning at this time um installing previously required mitigation a lot of restoration for um
vegetation removed without previous permits in terms of staff comment ments. Um, we would like to see monitoring reports. Uh, per your Vista Prune regulations, we will need a site visit prior to work actually taking place. Um, that may
eventually be um, after this permit expires and or is closed and so they'll just have to file an RDA for that and we can meet the folks out there. Um, I have note here that we needed to add a tree. Uh any boats and chairs currently
located in the salt marsh will need to be removed. And I believe all of our other questions had been answered. Thank you. Any commissioner questions?
Seeing none. >> Issuing orders conditions as discussed. Patton moment second. >> All right. And motion has been made to issue an orders condition as discussed and seconded. Questions? Seeing none, I will call the role. Dan
>> Walsh. I >> Ronnie >> B. I >> Dave >> and I. >> Steve I. >> Motion passes. Order of conditions as discussed.
Next we have TS Grove PT Marinas HM LLC 366 Menot Road and 470 Acapesca Road, Falmouth, Mass. Melissa. >> Um, so unfortunately without Jim here tonight, we do not have a quorum. Um, so we'll have to set a special meeting
sometime in the coming week to to vote this. Um, >> I'd like a motion to continue. >> It looks like you only missed one hearing. So, if you'd like to um participate via the millennial, I can we can send everything over to you. >> Um or we can see when Jim comes back, you know, either way.
>> Either way. >> Who who who missed that one hearing? >> Um Bill missed one hearing. He would be our our option there. So, either we wait for Jim to return or um Bill can read in. >> Bill, if you wouldn't mind reading in,
Mr. Chairman, that would be great. and we can set a special meeting or sometime next week when it's convenient for everyone. >> Yeah. Um I can read in and um Monday is free for me all day. >> Monday. Okay.
>> Do we need to make a motion to continue to Monday or we got to make >> Nope. We No, we're going to continue to We don't need to continue it. Um we're just going to set a special meeting. We're just going to set a special
meeting to to vote this on Monday. Um, what time works for everyone? I know Steve, are you you're working? Bill's working. Ronnie's working. Dave, you working? No. >> No, but I check my calendar. I got to find my I'm not sure.
>> Okay. >> I can't commit until I check my calendar is my point. >> Okay. >> Trying to find my computer right now. My my >> Okay, nine o'clock. Nine o'clock works for me. I could do that. >> Bill, >> nine o'clock works to me. Yeah, I'm not working. >> Just Just give me a second, J. Just give me a second.
>> It's okay, Dave. Take your time. We're fine. >> Um, how about you, Steve? 9 work for you? >> 9. I have a 7:30 to 9, so I I'll be able >> 9:15 or >> I'm free all day. I'm free all day. >> I have a meeting.
>> Okay. >> Anytime you want, Jen, for me. >> Okay. So, Steve, we're gonna go with you. 9:15. Okay. Gives you time to go from one meeting to the next. Perfect. 9:15 Monday, we will set a
special meeting to vote Acapescen Road dredging project. >> I'm going to come to you, Jen. >> Uh, yes, Ronnie. Come. You can come to me. I'm not quite sure. It looks like we're getting some weather. Hopefully, we don't have a lot. So,
>> don't tell me that. I'll I'll text you on. I'll let you know >> if you got to be on your computer. If you could come to me, >> I might be plowing. That's the thing. Depends. >> Okay. Hopefully, it looks like it's tracking east, so we'll see.
>> Okay, perfect. >> We can always We can always reschedu it if we need to. It's not a big deal as long as the order is issued by March 4th. So, we could always do the hearing. I mean, we could always do a special
meeting on March 2nd. Um, it's not a big deal if if we can't vote it on um Monday. We can always pick another day to meet for five minutes on Zoom and vote this. But right now, we'll set it for Monday at 9:15.
>> Thank you. >> Sounds good. So, just out of curiosity, do you have to do it on Zoom or can you just do it on a phone call? >> You we I do believe we have to do it on Zoom, Dan. I would have to check
with council and the clerk's office if you could call in. I >> It's not me. I'm just trying to figure out because I'm not on this one. I'm just trying to figure out a way for Ron to get in if he's out doing something else. That's all. Well, thank you for
that. You need me for the forum, correct? >> We do need you for the forum, Ronnie. >> Yeah, I mean, I can I can if I'm plowing, I can I'm downtown anyways. Courthouse Atria, so I'm nearby. I can run by real quick. >> Okay. >> Yeah, >> I do it on my phone a lot.
>> Yeah, >> we can show you how to do it on your phone run. >> I'm not that techsavvy. >> We know. >> There's a way you can >> There's a There's a cut. >> We know. She says >> the first cut of the night right there. >> My battery's running low. I don't want
to miss the last motion. >> Ronnie didn't. >> All right, we need to vote the minutes. >> We have to vote the minutes first. So, I need to make a I need a motion to vote minutes for February 4th. >> I thought we already did this one. >> No, we needed >> I made a motion to approve the minutes of February 4th.
>> I thought we tried to Oh, yeah. >> Baldin second. >> Perfect. We have a motion in a second to vote minutes for February 4th. Dave >> K. I >> Ronnie >> Walbert I >> Steve >> Patton I
>> and Duffy I uh motion to minutes has passed. All right. Um seeing all that and if nothing else I will uh take the last motion. >> Make a motion to close adjourn. >> Patton second.
>> All right. >> Well, Bill, welcome back. Good job tonight, buddy. >> Thank you, >> Steve. Thank you for filling in. >> Thank you, Steve. And thank you for I missed the Courtney tribute, but I'm glad you did it. I appreciate it. >> I taped it for you. Welcome. >> Excellent. >> I I wept.
>> All right. >> See you in a couple See you next Monday. >> All right. And definitely. >> All right. >> Got a roll call out. >> Okay. >> For the close, you got to do the roll call. >> Oh, I thought everybody started saying
hi. That would >> bat eye bow and eye duffy eye. >> Good. You're out.