Heat. Heat. Uh good evening and welcome to the August 6th, 2025 meeting of the final conservation commission. This meeting is being held virtually via Zoom video conference and conference and is also
being broadcast by FCTV on cable channel 9. As this meeting is being recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. Uh we are missing one
commissioner. Uh however, we have a quorum, so we are moving forward. Uh I'd like to remind the commissioners that for commenting I will call on each of you in turn. So please refrain from speaking over each other. Also all votes
are done by roll call. So when I call the uh your name please state your name and uh your vote for the record even if you've made the motion or seconded it. Uh to our public attendees, at any time during this meeting, you may enter any
comment or questions via the chat function. At the appropriate time, they will be read into the record. If an attendee uh uh if as an attendee you'd like to participate in a particular hearing, let us know via the chat um
function and then at the appropriate time, you will be promoted into the hearing as a participant. When you are selected, you must have your video enabled and and be succinct and respectful of others. Public comments will be limited
to three minutes each. RDAs under request for determination of applicability. The applicant is asking the commission to determine if the provisions of the Mass Wetlands Protection Act and or the Fmouth Wetlands bylaw apply to their proposed
project. A negative determination is that the provisions of the act and/or the bylaw do not apply. Therefore, the project may proceed as proposed. A positive determination means the provisions of the act and/or bylaw do in
fact apply and or may require some conditions. Therefore, the project uh would require a notice of intent application. So as an applica as an applicant, you want to hear a negative determination on the IDA for the benefit
of anyone waiting for a particular hearing tonight. Um and so that you are not waiting unnecessarily. Um the following hearings are continued. Um
15 Moses Road has been continued until requested continuence until August 13th. I think that's all we had, wasn't it, Alyssa? Yep. It was just that one and an enforcement for
Oh, yeah. Okay. And and the enforcement for um the that's just the other half of that 15 road, right? Oh, yes. Yeah. The 357 West Mouth Highway is the other West M. Okay. Very good. All right. The
first order of business is um we're going to go into executive session. So, we'd be we won't be too long. Um so, what we're going to have to do is exit this meeting. We'll put it on hold and enter into executive session and then we will return and continue with tonight's
agenda. All right. So, I need a motion to um go into executive session. I make a motion to go into executive session. Patent Crystal second. We'll say we have a motion by Steve and I uh second by Ron
Driscoll to go into executive session. Um Courtney Courtney can't hear you. Bird eye. Courtney's an eye. Steve's an eye.
Wow. Uh, Ron Driscoll. Driscoll I. Thank you, Ron. There it is. Bowman. I Dave C. I and Robins is I. Okay, we're going to
executive session. Okay. Uh, we're back in session, regular session. So, um, we vote the minute. Next up is the vote minutes of July 16, 2025. We'll make a motion to accept the
minutes of July 16, 2025 with any corrections made in this meeting. Driscoll second. Okay. Any other comments from anybody? Corrections? Okay. Hearing none, I'll call a role on accepting the minutes of the 16th. of
Yeah. July 16th. Courtney bird eye Steve. Thumbs up. Ron fiscal eye. Ronnie. Oops. No. Ronnie. Uh Dave. Kent. I
and Robin's eye. So five and one abstension right now. Um how about July 23rd? Mr. Chair, I will make a motion to accept the minutes as written with any additional corrections made at this
meeting. Second. Thank you. Motion by Courtney and a second by Ron Driscoll. Um, any other comments on the minutes? Hearing none, I'm going to call for the vote. Uh, Courtney Bird I.
Steve, Patton I. Ron I Dave I Robins I we accepted the minutes of uh July 23rd. Uh next up is a request for a
continuence to amend an existing order of conditions. Benjamin Carol 357 west found with highway found with mass uh requests to amend the order of conditions for mass DP number 254777
to reduce the footprint of the proposed work and reduce the amount of required mitigation plantings. Alyssa the applicant has requested a continuance until August 13th move. Driscoll second.
The site is now staked. So everyone can visit if if they haven't. Thank you, Alyssa. Um we have a motion second um to continue to the 13th. Um any other comments, questions hearing? None. I'm going to call a roll.
Courtney Bird I. Steve I. Ronco I. Dave I and Robins is an I. Okay.
request uh for an continuance under an enforcement order. Uh Joseph G. Marasola, trustee Joseph G. Marasola, revocable trust, 2018, 15 Moses Road, Falmouth,
unpermitted enclosure of a Rin station in a velocity zone. Alyssa, yes. The homeowner has request a continuence until August 13th. Bird shall move. Fiscal second. Okay, we have a motion and a second to continue until August 13th. Uh, comments or questions? Hearing
none, I'm going to call the roll. Court Bird I. Steve Patton I. Ron I. Dave I and Robbins is an I. All right. Can So that is continued to
August 13th. Request for determination of applicability and first is Gary Jacobson 406 Quissit A and 18 Quisit Hava Road found with mass for permission to Vista prune according
to FWR 10.18 10B and Fallon staff recommends a negative three under the state and negative -2 under the bylaw resource area boundaries are not confirmed. Bird. So move
second. We have a motion in a second to accept staff's recommendation. Any other comments or questions? Hearing none, I'll call for the vote or call a roll. Um Courtney Bird I. Steve Patton I.
Ron I Dave Kent I. Robins I so moved. Okay. Next up um John Lee Babuno, 85 Green Pond Road,
Felmouth, Mass for permission to enlarge enlarge the existing float and conduct invest in invasive species management. Um Dan, so staff recommends a negative -2 under the state and bylaw for the float
enlargement and a positive three under the state and bylaw for the invasive species management resource area boundaries are not confirmed and I can elaborate if you would like please. Yes. So
uh originally they proposed some invasive species management and under RDAs we do sometimes allow invasive species management for a very small area. Um once we got the application and looked into it a little bit more. The
area of invasive species that they wanted to tackle was around 250 square feet um I believe. So that was a little too much for an RDA. Uh we would recommend a notice of intent for the
invasive species removal part of this project. Okay. Tom, thank you. So I will I will move uh that we I think we should split this in half
because there's a negative and a positive. I'll I'll move that we um uh issue a negative determination on the float. Fiscal second. Okay, we have a motion and a second for
the um negative on the float only. Yeah, that that makes sense, Courtney, to break that up. Um any other comments or questions? No. Float part
hearing none. I'm going to call a roll. Courtney bird eye. Steve I Ron. You're good. Ron Ron Dave and I
and Robbins is I. Okay. So my second motion uh and this is in keeping with the idea even if we're going to reject it I will issue make a motion to approve the RDA and then you will issue an vote
a no which is goes ahead with the staff's recommendation. So I'll make a motion to accept um or approve the idea of a negative determination for the
fragmatic or invasive control. Positive, right? Yeah. In other words, other words, I'm saying we should go ahead and approve it. That's my motion. And then we vote no,
which is staff's recommendation. Does that make any sense? That's better. Yeah. It's the whenever we're going to vote against something, we always start with a positive u motion to approve
where you could do that's what I'm following. You could do positive motion being staff's recommendation. Yeah. I think usually for RDAs you guys just I'm motion I'm issuing a motion my motion is to approve the issuance of
an RDA for the fragmitees or invasive control. Okay. That's my motion. Okay. Okay. Staff's recommendation is we vote no on that. Just go ahead and vote.
It does make sense. I think we're getting confused by by the positives and the negatives. Yeah. Okay. So, Ron, did you second that? Ron Driscoll. Yes, I did. I second it. We have a motion to second, but Ron um
to approve the um fragmitees um whatever it is, invasives, invasives, whatever it is. Okay. staff's recommendation is that we cast a negative vote for that. Vote no because this they're they're recommending uh a
notice. A notice? Yes. Okay. So, I'm going to call Do you have a question? Look, I just I I thought it was simpler if we just support this staff's recommendation, but however you want to do it, Mr.
Chairman. was Yeah, this is not confusing me, but I just that's the way we usually do it. So, yeah. Yeah, that's what I was thinking. Um, is everybody comfortable the way Courtney put it? If we are, then we'll just go ahead. Motion's there
already, right? So, all right. Okay. So, I'm going to call the roll. So, a positive vote means I can go Yeah. A yes vote means they can go ahead and do the um remove whatever invasives are there. Um
and a no vote means that we're backing the staff on it while we're accepting recommendation. That's correct. Courtney Bird, no. Ron, no.
Steve, no. No. Dave cat no and Robins is a no. So it's unanimous against allowing the invasive species removal. So we're accepting
this. We accepted the stats recommendation. All right. Everybody good with that? Yeah. Okay. We'll move on to um Scott Masili 140 Mil Road Falmouth Mass for permission to install a new title 5
sewage disposal system. Fallon, is that you? Is that you? Staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed. This project solely takes place in an AE flood zone. Burns
move. Fiscal second. Comments, questions from board members. Okay. Hearing none, I'm going to call a roll. Court Bird I Steve Bon I. Ron Driscoll I.
Dave eye. Robin's eye. So So moved. Next up is uh John and Jean Divine 150 mil road felmouth mass for permission to install a new title five sewage disposal
system. Fallon staff recommends a negative -2 under the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. Bird move second.
Any other comments or questions from the commissioners? Hearing none, I will call the roll. Courtney Bird I. Steve Bon I. Ron Eco I. Dave I
Robin's eye. Unanimous moved. Next up is J. David and H. Helen Preston 50 Weather Glass Lane Bmouth Mass for permission to remove a 6 foot by 12 foot float and to
refigure two metal piles in a 6x20 float. Stan staff recommends a negative two under the state and bylaw resource area boundaries are not confirmed. So move second.
Okay. Okay. We have a motion second. Um, any other comments or questions from the commission? Hearing none, I'm going to call a roll. Courtney Bird I. Steve and I. Ron.
Dave. I. And Robbins is I unanimous recommendation. Next up is uh Judy Sauti Souy 18 main
entry road mass for permission to remove approximately 10 trees and maintain several other trees via Vista pruning no via pruning I'm sorry no Vista via pruning balance
staff recommends a negative two under the state and bylaw resource area boundaries are not confirmed this project only takes place in an AE flood zone. So move. Okay, we got a motion by Courtney and second by Steve. Um
any other comments or questions by the commission hearing? None. I'm going to call for the uh I'll call the role. Courtney I Steve. Ron Eis. Dave I
and Robbins is an I. Carol Anne McCarthy one wor with mass for permission to raise a raz and rebuild an existing single family dwelling and install dry wells. Fenton
staff recommends a negative two of the state and bylaw resource area boundaries are not confirmed and this project so takes place in an AE flood zone. birds. I'll move just seconds. Okay, so we have a motion by Courtney
and a second by Ron. Um, any other comments or questions by the commission? Hearing none, I'm going to call the roll. Courtney I Steve Patton I Ron. Dave and I.
And Robins is an I. But we accepted staff's recommendation on one was the court Fenton and Melody Melody Brown 159 up along road fmouth mass for permission to install a pickle ball court. Fallon
staff recommends agative -3 under the state and negative -2 under the bylaw resource area boundaries are not confirmed. So move fiscal second. There's a motion in the second um staff to accept staff's recommendation. Any other comments,
questions by the commission? Hearing none, I'll call roll court. Bird eye. Steve and I. Ron, I. Dave, I and Robbins is an I.
All right. Next up is Jacqueline M. Cowen, trustee. Jacqueline M. Cow and Trustee 153 Great Bay Street Found Mass for permission to reinstall mitigation plantings per MA DP number 253503
found staff recommends a negative three under the state and negative -2 under the bylaw. Resource area boundaries are not confirmed. So move a second. Okay, we have a motion to second. Um any
other comments or questions by the commission hearing? None. I'll call the role. Courtney I. Steve I. Ron I. Dave I and Robins is an I. Unanimous on
153 Great Bay Street. All right. Next up is continued request for termination of applicability. Goldman Bridgewater Realy Group 41 Nasav East Fmouth Mass for permission to install a new title 5 sewage disposal
system. Bon staff recommends a negative three under the state two under the bylaw. Resource area boundaries are not confirmed. So move second. We have a motion and a second. Any
comments or questions by the commission hearing? None. Call a roll. Courtney for an I. Steve an I. Ron I. Dave and I. And Robins is an I.
All right. Next up is request for hearing under notice of intent. All hearings of the Fmouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland Protection Act and the Fmouth Wetlands bylaw. Although a single
decision of the commission is issued, it represents a separate decision uh under each authority. All right. First up is um Sean Watts 11 Meline Road Fouth Mass for permission to upgrade the
existing sewage disposal system, remove a section of driveway, install drainage and and install restoration plantings in an area of unpermitted clearing. Alyssa? Yes, I have promoted Bill Collie from Collie Site Services to present his
project. I will be sharing my screen for him. Hi, Bill. Hi, Elissa. Um, my name is Bill Collie of Collie Site Services. Our company was retained by Mr. Sean Watts, owner of Meline Road. The filing of this notice
of intent is to rectify unpermitted work that was performed in a wetland resource area and associated buffer zones. The consists of the work the unpremitted work consisted of clearing of naturally growing vegetation,
constructing stone retaining walls, an AC pad, and a gravel walkway. Other proposed work will consist of a new title five approved septic system, pair of existing asphalt driveway,
add catch bases and a vegetated swale to capture the storm and roof water runoff. We have proposed approximately 1,900 square feet of area to restore with native saplings, shrubs, and seed mixes.
Um, I would like to also address the staff recommendations I received this morning. I had spoken to the owner, Sean Watts, about he is essentially good with all the
recommendations. He'll follow them. Um, there's only we are going to be adding a second drywall drywall in. We'll say that there's a question of the trees to be removed from near the leech field.
Uh, initially we specified four trees, but a fifth one really should come down. Uh, Mr. Bowman was there this morning and saw it. the proximity to the to the field is
uh too close that we feel it'll endanger the uh tree um because of the amount of roots that would have to be cut off there. So, uh we were requesting to have that tree removed.
Um, as far as all the other uh recommendations, Sean Watts is willing to go along with it. Uh, the only other question he had was as far as the trees uh proposed for
removal along the driveway in the clump of oaks um in the souththeast corner by the house. um he'd like to remove because he feels
that's a hazard. And the other reason he wants to remove those trees along the driveway and that plump is he's looking to go green. He wants to leave the option of being able to put solar panels on the roof there. It's a southern exposure on
that side. Um, so we're ready to follow any recommendations by the board uh that you may have if it's I can turn around the plan in probably a 3 4 day time period if that be good if we don't have
to do another meeting or if we have to do another meeting fine. I'm leaving it up to you now. Any questions? Right. Thanks, Phil. Um, thank you for addressing all of the staff comments,
too. Um, if the commission is agreeable on how we typically do things, you don't necessarily need to get this to us within a certain number of days. Um, if they're comfortable with us closing the hearing tonight and just, um, requiring the changes as conditions, um, you're
welcome to get that plan to us when you can. Um, the only thing I wanted to add just for the record, we did receive public comment and that was sent to the commission and added to the record. Um, for those who are listening,
that was in regards to um the potential of a path on the property, which um is one of the corrections that Bill will be making. Um, at this time, no path will be proposed. It'll just remain vegetated. Mr. Mr. Chair, I don't have anything
else at this time. Okay. Thank you, Melissa. Uh let's start off with Ron Driscoll. Yeah, that three-legged oak at the corner of the house. Is that staying or going? Uh three. We would The owner would like
to uh uh You asked if it's removed. Did we agree to remove it or you ask to stay? Pardon me? Asking to remove it. Right. Did Alyssa, do we agree? Did is that one of your trees that you want to see stay?
It's a tree built right at the corner of the house. It looks like it's a you know, I'd consider it dangerous for the house, but it's going to one of those things is going to split off sometime. Yeah. Sorry, sorry for initially you were a bit delayed there. Um, Bill, I wasn't sure which one you were talking
about in the moment. Um, which tree to stay? Was that was that you just referred to the of them? Okay, got it. The front right corner of the house. Okay, got it. Are you good? Makes sense to me to take that out.
Mhm. Okay, that's all I have. Thank you. Thank you. Um, Dave, uh, I have one question about trees and the solar plants for solar. I think the owner is going to sell this property
without solar. Is that correct? I can't speak for him. Uh it's doesn't have solar panels on it. When when I when we visited last week, last Friday, he said uh he didn't plan on putting solar on before he sold it.
So my only question is um if we're not sure if the new owner is going to go with solar, is it necessary to take down the trees along the driveway? down. He wanted to take those down for the potential for future solar, but was my understanding that he's not going to do that. So, I kind of wondered about doing
it now rather than allowing up. That is something that Dan can be dealt with down the line. Uh it was because I asked him about that, you know, how how he felt about it. He'd like to see the
trees go and do the green thing and have someone solar panels, but uh it's up to you. Well, leaving those trees there doesn't preempt them coming down later for future, you know, solar plants. Exactly.
I just wondering about we take them down now and then the new owner doesn't do it, you know. I don't know. That's all I'm thinking. That's all I have. Okay, Courtney. Uh, no questions.
I'm sorry, Steve. No questions. Thank you. Okay. What's your pleasure? You want to close this hearing, take it under advisement? You want more information? Can we get some clarification for the
next meeting on on my question? How about um would you be good with letting staff handle it, Dave? All right. I'm in me. Yes, of course. Okay.
All right. So, um make a motion to close the hearing. Driscoll in a second. Okay, we have a motion and a second to close the hearing. Take it under a question. Any other comments from the commission? Hang on, Courtney. You got a question?
Yes. Okay. Uh staff is comfortable with a revised plan. Okay. That's my question. Okay. So, we have a motion and a second take the hearing uh to close the hearing
taken under advisement. Courtney bird eye. Steve and I Ron I Dave and I and Robins is an I. Okay, we close that hearing and we take another advisement.
Okay, thank you very much. Thank you Alyssa. I'll get a hold of you. Um I'll call you Friday. I'll try to get set up a meeting with you early next week to go over whatever order of conditions changes. Yep. Absolutely. Sounds good. Have a
good night, Bill. Thank you. Okay. Thank you very much. All right. Next up is um William Dryan Jr. and Lisa Cain, Trustees, 17 Family Trust, 103 Child's River Road, Eastbound
with Mass, for permission to enlarge one existing deck and remove another. Alyssa Yes, thank you. I am promoting Mike Borelli to present his project. And Ronnie is back in.
Ronnie back in. Evening Mike. Oh, there he is. We're all a little technically tonight. Sorry. Must be something in them. Is it a full moon? I don't know. Thank you, Mr. Chairman. For the record,
Mike Borceli, Thalmouth Engineering, and I represent the applicant. Uh, I'm going to share my screen and go through my project. The property in question is number 103 Child's River Road. Uh, you may, some of
you may be familiar with it. we've been before you uh and received an order conditions to do some repairs to the uh existing dock. The property has uh water frontage on the child's river. Um so the wetland resources include land
under the ocean uh land containing shellfish. Along the boundary at the bottom of a coastal bank is a strip of salt marsh. The land slopes up and it's a coastal bank. Uh it's non- eroding.
uh we've shown the uh 50- foot no disturbance zone A from the top of the coastal bank and the 50 foot outer buffer zone B to the coastal bank. In addition, there's a 100
foot no disturbance zone from the salt marsh. So, all of the all of this work is considered redevelopment and it's been designed to meet your standards at FWR uh 10.18. We've met
with your staff on at least one occasion to go over this um and um I believe that it meets your standards uh in accordance with that section of the regulations. The project is
basically uh asking permission to uh modify the deck. Trying to zoom in on that for you. This shaded area is a modification by expanding and squaring off the deck so that this is a more usable area.
Um there's a set of stairs that led down to a lower level that we're more we're changing to uh go down to the lower level in a different position. So, they're already on uh the footprint of an existing deck. There's there is one section of deck
here that I've identified as to be removed. Um on the uh north side of the property uh we're we're identifying a section of deck
um uh in a stone landing to be removed. The net result of all of this is that there's no increase in imperous surfaces. Um the modification of the deck doesn't go closer to the closest wetland
resource than the closest point of the existing primary structure. So those for those reasons we believe it meets this the uh standards in your regulations. There was a sta some staff comments um
and I think they're pretty much bookkeeping and where um this they pointed the staff pointed out that there's an existing um stone wall that um has been here for a long time
that creeps over the property line into what's called cross path. My my experience is that the uh abuing properties have a fee or ownership to the central line um and others have uh
within the subdivision have rights to pass and repass uh over cross path. It's it's was laid out as an access to the pond. Um there is there is some pier there unknown. Um I don't think it's used. There isn't a
lot of access over this because it's wooded. Um, but this stone wall doesn't interfere with people's rights to pass and repass. Um, I I'm going to make the owner I've already made the owner aware of that encroaching, but I don't think there's really it's been there for a
long time. I don't think there's any intention to do anything with that wall. Um, there was a comment about an an existing dog wood at the corner of the house that was previously required and and we were asked to add it to the plan.
We certainly can do that. On the on the north side, there's a there's a tiny encroachment of the shed. There was a suggestion that that be shifted. Uh, we'll I'll speak to my client about that minor encroachment.
and it'll either be shifted or um uh then the owner of the abing property could also allow it to remain if they we could provide you with a letter to that effect. There was a request to add a AC unit to
the plan. Happy to do that. And there was a comment about um a float, an unpermitted float being connected to the permitted float on the back side here. And there was an aerial
photo that shows that. I I can't speak to why that's there, but certainly that should be a condition to be removed because it wasn't wasn't approved and it couldn't be approved. The float that was permitted is the maximum size allowed. So we would certainly expect that to be a condition of any approval for our
work. And I think that sums it up. I'm happy to take question. Thank you, Mike. Uh Alyssa, you can unshare. That'd be great. You Thank you. Um thanks Mike for addressing all the staff comments. I have nothing
else at this time. Thanks. All right. Uh Dave, I have no questions. But my is my hand still raised. No. No. You just We started with you this time. That's all. Okay.
You surprised me. I don't have any questions. No questions. Thank you, Ron. No questions. Thank you, Ronnie. Yeah. I got a question. The shed, is
that outside of our jurisdiction? I think it is Mike. Um, it's it's still in jurisdiction because it's within 100 feet of the top of the coastal bank. Okay. I'm just wondering if ZBA would have a decision on that. I was just
trying to get clarity. No other questions. Thank you, Ron. Ronnie. All right. Any other comments? Questions? What's your pleasure? Do you like to close the to close the hearing and take it under advisement?
Discal second. Okay, we have a motion by uh Courtney and a second by Ron to close the hearing, take it under advisements. Any other comments or questions? Uh, anything in the chat, Alyssa, before I move on?
Nothing in the chat and no hands raised. All right, great. So, if there's nothing else, I'm going to call the role. Um Courtney Bird I Steve Patton I
Ron Fiscal I Ronnie Bman I Dave I and Robins is an I. So that is unanimous to take the to close the hearing take it under advisement.
Thank you Mike. Thank you. All right. Next up is uh William C. Fleming, trustee 140 Oyster Pond Road found with Mass for permission to raise Raz,
an existing single family dwelling, construct a new single family dwelling with a garage deck and patio, replace the existing septic tank, and install mitigation plantings. Alyssa.
Yes, I am in process of promoting Tom Bunker to present his project. Good evening, Tom. Tom. Yeah, good evening. Um, yeah, you so you read the announcement. I'll
just I'll just jump in for the record. My name is Tom Bunker. Uh, uh, registered land surveyor BSS design. Uh, prepared this plan for the, uh, for for Bill and Norma Fleming on 140 Oyster Pond Road. And if I can uh, I'll share
my screen and and, uh, uh, jump right into it. I may. All right. Go right ahead, Tom. I want I just first show you a uh this is a FEMA map uh
of the area. It's a little hard to see, but this anyway, this this white line through here is the bike path. Uh Oyster Pond is up in this location. And of course, Surf Drive cuts through here to
the intersection with uh Oyster Pond Road, which uh this location right through here. So the house is located right at this uh pin, the orange pin right on the uh the confluence of
uh flood zone shaded X, flood zone AE, elevation 12 back here, flood zone AE, elevation 13 here, which is also the coastal A zone, meaning has the limit or
moderate wave action. And then on this uh seawward side of this white line, it's a flood zone VE elevation 15. Um there's a little blow up. This tour is blurry from the the town town website,
but this uh line right through here is the the limoir limit of moderate wave action. And this is the zone AE elevation 13, the coastal zone A. And then behind that is the uh just the regular non-coastal
uh zone A elevation 12. And of course this is the elevation 13. So our our plan of existing conditions uh reflects that where we have uh see up at the I mentioned it in the in the
narrative but I don't label it on the plan. The mile marker three on the Palmouth road races in here somewhere. But this is the 12 contour up here. So we have the flood zone AE
elevation 12. This uh uh flood zone was brought in digitally from a digital file from uh FEMA um by by the um coordinates running through here. because the uh a
limmoa just the same as a velocity zone a limoir flood zone does not run along a any given contour. So that's that's a great through here. Um and there is a little bit of elevation 12 sneaking in behind it here.
Um and of course the velocity zone is down here. There is a wetland a bordering vegetated wetland uh delineated by le environmental consultants down in this area is all in flood zone. This area slopes
greater than 10%. It's a coastal bank. Basically around where the the lawn is now, where the lawn has been for a long time is the top of the coastal bank right through here where where the ground flattens off to less than less
than 10 to one slope. And so it is uh up to elevation 12 the the flood zone through uh well up through here and then it's again out outside of the uh flood zone up in up in
this area. Um as you can see this limmoir does cross through the house and the deck somewhat. There's a septic system upgraded with with a variance for the property line up in here. some years
ago. Um, and because the house was low, uh, needed a pump chamber. So, there's a septic tank and a pump chamber to lift it up to the leeching bed up up there. Existing driveway has been there for forever. Uh, since the house was built
around 1961. Uh, a lot has been added. The shed has been there since we've been working on this site for 15 or 20 years. Um but this large patio is new. Um as is the
there has been some changes in and out um of the edge of a lawn here and there. It's pointed out there there were two trees missing. Um I can uh show you a couple pictures of them.
They were dead um before they were taken out. Um, I I just quickly go to that. I think so. Anyway, there are some it'll come up soon.
This is There was a pine tree. See, it has borers in it. And then a uh bores and no needles on the pine tree is one of them. And then there is this other tree which Bill Fleming identified
as a mimosa which is not native but that's had. So you see a lot a lot of dead bark down here. It's it's totally dead and no no leaves on it. This is in September when there normally would be leaves. Um, I'll get back to our
I can find my way back to the uh Okay, sorry. This is the existing conditions plan here. um the house is below the required elevation uh for the flood zone. It's
non-conforming in in many respects. It's obviously non-conforming to the top of coastal bank. Uh and here uh the house is only 21 ft uh from the top of the bank. See, it's
rather sorry 25 ft from the top of the bank here. It's 22 ft to the property line. This is odd situation where there's a the land was taken to straighten out Oyster Pond Road but never built. Um so it's quite close to
the property line to the wetland to the coastal bank here and also at this corner um nonconforming. And then I can go to the next page. which is the proposed plan.
Um so it's moved back the previous house was in the uh this limoir that you can see the these light orange lines through here are the the existing house. So you can see it
moved to the to the left and uh there's also a line down here moved away a little bit so that the house is no longer in this limmois. There are special um building code requirements for this is the same building code requirements uh building type
requirements as in a velocity zone. So so the house itself is not in this uh coastal a flood zone. This is a detached deck. It be structurally separate from the house. Uh because if it was attached
deck to that, then that would sort of drag the entire house into the uh the the the flood zone and and requiring those uh construction standards. Um the uh patio
was further down here and now it's a um it's a smaller patio further away uh in this location and it's it's further from here. So the house has retreated in two directions um
to basically toward the driveway. So now there's a garage garage in here as a used up part of the driveway and they can now park under the house uh in this location partly under the deck and partly under the house here. Um
and the driveway will be cut back. So there's a a reduction in zone A here, a reduction in coverage in zone A from some of the patio and the house. Um but there is a
there's overall there there's a 90 square foot increase in zone A requiring 270 ft of mitigation. Um and in zone B there is a reduction in coverage in zone B. So 270 square ft we
have shown of mitigation. Um, in this location here, the couple perennial planting beds, there's one tree here. It's a non-native tree that will be um
moved to a different location. Um, and this will become all mitigation through here. Uh, there are several trees from sheet one. There is a uh tree at the a
cedar tree right here that's being removed. There's a pair of them at the beginning of this walkway through here. So, one of them will be removed. That would be too too close to work around. And around the existing house, there were a couple uh trees in this location,
though we have shown trees to replace them. Uh I did not show any trees to replace the ones that were dead and uh had been removed. Um, I guess there was like nine years ago that kind of been forgotten about.
Um, was it nine years? I had to look back at that to see exactly when those trees were removed. Um, but they they are not shown on this plan, but they have been removed. Um the
uh patio that's here is being removed and there's also a uh a rinse station down here attached to the shed that's being removed. Um there will be uh when when it's decided a an amended order
probably attach a new station to the house in here somewhere. Uh the um because there were some of these uh changes in some of the lawn location between 20 uh so I call it 2020 and 2025
or roughly. uh their staff has noted that there will be some uh more some reveation required. Um and so we will have to uh work with staff on that somewhat uh and do something about the
uh if they need a uh replacement for those trees, the dead trees that were removed. um I think that picture in the staff report shows the pine tree and the other tree that the live pine tree from a from a
previous uh previous filing that we had done and we hadn't hadn't caught that it had been removed. Anyway, that's uh that's the proposal uh how how they propose to rebuild the house. I will stop the share and take
any questions. All right, Tom. Thank you. Um Melissa, thank you. Uh thanks, Tom. Um in terms of addressing the staff comments, um I think it'll just be up to the board on whether they'd like to see those two
trees replaced in some capacity on the property. Uh I know in reading your narrative that the tree placement you'd like to keep flexible in terms of waiting for the house to be developed. So, um we can just add additional uh
tree couch if we need to. Um in terms of the the fire pit and patio and rin station being removed, if you could overlay that plan from the last time we saw the property in 17, it just showed
the lawn limit around um the septic tank over there. And I think that'll help us kind of figure out where the changes might have been for restoration just because it still is a zone A and that vegetation should have remained. Um, a similar point to the paths that have
been created um on the bank and in the buffer. I I definitely understand the reasoning, but I think keeping the paths um in the resource area and in the buffer um just need to be reveated or at least
allowed to reveate naturally. Um if they would like to undertake some invasive species work maybe under a future AOC, that's definitely a possibility. Um but I think just restoring that for the moment um just so everything is is vegetated would
be ideal. um and to not continue cutting and pruning the vegetation that isn't ornamental. I would say um I think that's all I have at the moment. So, um be up to the commissioners if they
agreed and if they would like to see any plan revisions prior to closing. Thank you. Thanks, Alyssa. Um Courtney, no questions, Steve. No, I don't have any questions. Thank
you, Ran. The elevation is that is it 4T just for my own simple thing. Is it 4T above ground? I know the the uh
12 and 13, but is there a space below the house? Is it up above three or four feet or something? Or is it right at the ground level? It's it's on the solid fill foundation I believe. I mean it's not on it's not
on post or peers. It's not on. Okay. All right. So how the Okay. The the ground floor is at the ground floor. The elevation is the elevation of the ground. The ground floor is I think it's it's it
is a foot or so above the ground. Um, but it's not That's what I'm saying. There's space. No, there there's no space under it. So, I mean, it it's at ground level. The driveway has to be filled slope up a
little bit to get into the garage. Um, it it's a it's a it's a it's on a frost wall with solid fill inside. So there's there's no there's no seller or crawl space.
You good, Ron? Yeah, I'm all set. Thanks. Oh, okay. Ronnie, no comment. Dave, no questions. Thank Thanks for the very thorough presentation. I've got nothing. Um I've got nothing.
Um, what's your pleasure? Um, Alyssa, is any um I'm sorry. Uh any uh anything in the chat function? No, no chats, no hands raised. Okay, great. All right, what's your pleasure?
Question. Staff is comfortable with all the documentation they have. I'm comfortable for the moment until you guys um vote on what you'd like to see. Yeah. So, if you'd like to just take it at voting, that's fine. Yeah.
In other words, if we close the hearing, you're fine. I'll I'll work with staff for the the showing additional You want some of the the uh native vegetation put back? I can I mean, we what I'm getting at is we can
continue this so you everybody's on the same page and then close it after that. or if you feel you can work all of this out, then uh then then we can close it tonight. So, that's I'm that's what I'm
trying to get at. Yeah, I think the potential restoration areas are pretty clear-cut. So, we could we could work with Tom if but there was a question about trees depending on what you guys would like to see. There was a question. Um yes. Um I mean I I I see now with the
photos that the trees were dead. Um, we still typically require permits for that. Um, there is, you know, a decent amount of vegetation on the property. So, I think it'd just be up to the commission on if you'd like to see any more trees. Okay.
Added, but I I'll make the way court. We already have a motion. I'll make a motion to close the hearing and take it under advising. There's a second. Did Steve did you say
there was a motion already made? Oh, I thought we had made a motion to close the hearing. I'm sorry. Question that he just wanted to make sure staff I see. Okay. So, so we have a motion by Courtney and a second by Ron. Any other comments or questions from the
commission to close the hearing? Take it under advisor. Okay. Hearing none, I'm going to call the role. Courtney Bird. Steve and I. Ron I Ronnie I
Dave I and Russ Robins is an I. So it's unanimous the hearing is closed and we'll take it on adisement. Thank you Tom. Thank you. Thanks Tom. All right. Next up is a continued
request for a hearing under notice of intent. Uh Nathan Hulcom 270 Sipa Road Forth Mass for permission to demolish an existing deck, remove an area of gravel and construct a screen porch deck and
garage. Alyssa. Yes, I am promoting Mike Brcilia, Felmouth Engineering, and Angela Tanner of Crawford Land Management to pro uh present their continued project. All right, good evening again, Mike. And good evening, Angela. Good evening
again, Mr. Chairman and members of the commission. For the record, Mike Borceli, Felmouth Engineering representing the applicant, Nathan Hulcom, along with Angela Tanner. This is a continued hearing. Um, we were asked to uh do a few things.
of uh one of which was to um redelineate the wetland because it was had been delineated uh some time ago and the standards for delineation had um changed. So, LEC Environmental did
reflag the wetland and uh we re-erveyed it and we submitted the uh data sheets associated with the flagging that lac um prepared. So, the new plan has a revised wetland delineation on it.
Um, we also made our plan reconcile with Crawford Land Management's plan as far as where the um mitigation planting would be located. And I'm going to
briefly uh share this uh share the plan with you. the the shaded green area is a modification of the um shape of the mitigation planting. The
wetland delineation is shown. It didn't change measurably but um it was updated and the data sheets were provided. There were revised uh staff comments u mo most of which were um are probably
best handled by uh Angela. Um but there were a couple um in particular there was one that suggested that there be a limit of work um established on the north side of the boulder. If
you've been in the site, you saw this large boulder. Yeah. And there's a little bit of uh there's a there's an edge of uh vegetation which is predominantly the the branches and the drip line from
the branches from these evergreens that are shown on the plan. And I've shown it here and it's in close proximity to the proposed garage which is this was designed specifically to avoid the boulder. Um but some of this might need
to be pruned back a little bit. So, uh, staff has suggested a limit of work here. That that's certainly something we can do and I'm hoping it could be a condition. And if there's any removal of vegetation here, it it could certainly
be uh it's in a Bzone, it can be um reestablished in lawn areas that are down here adjacent to this other mitigation planting. uh other other than that I think I think the other uh remaining issues which are
uh not many um can be handled by uh Angela and I'm going to stop sharing and I'm available for questions. Hey, thank you Mike. Hi, I'm Angela Tanner with Crawford Land Management and I am going to share my
screen if that's okay. Please do. So, I'm going to zoom in a little bit if it works. There we go. So, this is uh updated a little bit. We um were able to go back
and see some of the vegetation that wasn't present. I think it was wintertime when I originally looked at it. there were some ferns in the um within the wetland area where we had previously shown some mitigation planting on this side of the wall. So,
we reconfigured it so that the mitigation planting wouldn't go in that um dense area of native ferns. We also updated it to show the existing trees that are in this area and that is mostly
to show that we're not planning on removing any of that. We're planning on planting around within the bare places. So, it um this plan is basically the same species that were in there before.
We added some ink berry along this side of the wetland and um reconfigured the boundary here which is going to be demarcated by ornamental boulders so that you can see where the edge of the
mitigation and lawn area is. We really feel strongly that this is a pretty degraded area. There's virtually no understory. It's just vines and some invasive plants and we would we would
not be planning to remove any native vegetation. We would work around it. So, I'm um the only other thing on our plan that changed was just that we matched the updated um wetland delineation and boundaries so that it matches the
engineers plan. And we also took out um there was a little gravel area over here that was hanging on from an earlier part of the project that we got rid of. And um I can just answer any questions from here.
Okay. Thanks, Angela. Alyssa. Uh thank you. Just a quick note for the commission regards to quorum. Um it is Ronnie, Ron, Russ, and Steve. Um, thank you Mike and Angela. The staff's comments remain the same in
regards to the gravel in the zone B and the proposed location of the mitigation and based on the additional uh narrative for this revised plan. Should the commission want to include that 2019
uh previous filing and add that into the record, I would just recommend continuing this hearing so I can send you all of the applicable materials. Thank you. All right, Mr. Chman, um just we would like that incorporated in the record. I think it's
important because it shows the history of uh the previous um application and all the documents that were associated. Um, if you feel the need for a continuence, we're hoping you could close and feel comfortable
uh closing tonight, but if you do feel the need, we can entertain a continuence. Okay, thanks, Mike. All right. Um, questions. Ron Driscoll. Yeah, I'm all set. Thank you, Ron.
Questions? I thought Steve had his hand up. Uh, no comments. I think we should uh move forward. Put this to bed. Okay, Steve. I I didn't be meant to take out of order. I'm just waving a pen while I'm sitting.
But thank you. Thank you for noticing. I appreciate it. I didn't have any questions. I would ask Alicia why she feels the need for a continuence. Um, this is the Yeah, absolutely. Um, when I was reviewing the project uh a
couple days ago, I was reading that uh when Mike was putting together a paragraph about what all of his changes were. Um, there was a request to add the 2019 project and its filings and incorporated into the record. Um, I hadn't seen that request before. So, in
speaking with Jen, she said that that decision comes from the commission. Um, I had only read that I I think Monday or Friday, so it probably would have been too late for me to send them over to you anyway and you guys have adequate time to to read them. Um, basically I I
understand that Mike and Angela are presenting the project in in a way where they find it reflects the 2019 project. Back then that mitigation was proposed in the same area. Uh, but there were additional features to the project that staff finds make it very different. Um,
so though that mitigation placement was approved back then, staff's position is that it shouldn't be approved now. Um, so perhaps having that information could provide the board with some context as to what we're talking about back and forth if it couldn't be, you know, interpreted from the staff reports or
from the aerial photos. Um, so my suggestion is if you would like to um accept that request and add it into the record to allow us time to get you those materials so you can review them um and make an informed decision.
Does that answer your question? Yes. Thank you. Of course. Great. What's your pleasure guys? There's four of us. So what would you like to do? Mr. Mr. Chairman, I'm comfortable making a motion to close the hearing and take
it under advisement with the inclusion of the 2019 documented. Okay. I'll second that. All right. So, we have a motion by Steve, a second by Ronnie. Any other comments or questions?
Um, anything in the chat? Uh, oh, I'm sorry, Alissa, go ahead. Um, well, yes, nothing in the chat, no hands raised. Um, just a question. I'm not sure on the protocol here. If you do close, I don't think I'm allowed to send you any new information, right? You know what I mean? Um, so you'd have
to either be accepting of what you have now or allow for more time to send you that information. I think, please correct me if I'm wrong. No, I think you're right. You're right. So, we wouldn't be getting any more information on this. So,
well, then before you vote, Mr. Chairman, if you feel more comfortable, we want to act in the spirit of cooperation. Um it if it makes it easier uh and and and gives you less uh pressure to understand
the project, um we would ask for a continuence if if if it's going to be helpful in your um deliberation. But I think the only reason for the continuence is to get that information to you from your staff
and then on the 27th I think you'd simply now we'd be available of course for more qu any other questions but um I don't know we wouldn't have anything else to submit to you. So if that's a better way to handle it um you're not
meeting on the 20th. No. So, we'd have to uh request to the 27th. And I'm sorry, Mr. Chair. Court, you're on this, too. I read it wrong. I'm sorry. I'm off my game tonight just as much as everyone else. You are on this, so you're the
I haven't any any comments, but do you want me to make a motion? We'll continue. Uh, we Steve's made a motion. Do you want to withdraw that, Steve, or you want you want to withdraw? Could I could I withdraw my motion, Mr. Chairman? Absolutely. Thank you. Corn, you want to make a
motion? Yeah. So, the motion is to close the hearing. Is that correct? No. Continue. Continue until when? The 27th. 27th. See, see, I was continue hearing till August 27th. You told me I was I was a non
motion's already made. Someone seconded. Ron's Ron just made the motion to continue to the 27th and Steve seconded. Okay, cool. Any other comments or questions? All right. Hearing none. Um I'm going to
call the roll. Courtney I B I Steve. Yep. Ron Driscoll Discolly I and Robins is an I. So we continue to
the 27th. All right. Thank you Mike. Thank you. We'll see you then. Bye-bye. All right. What do we got going here? Sorry about that. All right. Um, request to amend an
existing order of conditions. Fenton and Melody Brown 159 upong up along road Fmouth, Mass. request to amend the order of conditions of ME mass DP254672
to change the size and shape of the proposed additions. And it looks like Fallon, you're going to handle this one. Um, yep. So Tom Bunker is here to present his project. Yeah. For the record, I'm I'm here. Tom
Bunker, BSS design. as before uh representing uh Benton and Melody Brown on Upperalong Road. Had a long history of them actually just earlier in this this hearing had a RDA uh so they can make a pickle ball court on this property. I'll I'll share the
screen now and and show you what this one is all about. Okay. How do you get that bar out of there? There you just ask it to. Okay. visit the southern uh end of their
property on a nice little peninsula uh sticking into uh Borne's Pond. I can show you on this is the full lot here. And then over in the Locust map,
they're on this this peninsula or most of you should have been there so you see how nice it is down long dirt roads to get out to here. Um, and the uh pickle ball court was going right in this location. There was a
garage here that uh had been on this concrete foundation. The garage got moved out to here. It's just in the flood zone. Then there's a swimming pool and a cabana built all in flood zone. Um,
and then this this this little house that has had a long history. There was actually a way back in the day there was a much smaller little cottage much closer to the the ocean, the water down in here. And this
this got built um when did it get built? I don't know. um earlier 2011. Uh perhaps this this was uh then in 2021
um one proposal was two that's that's the same order of conditions. You can see on this it's maybe not dark enough. You see this orange brown line here. This was a large addition that that kind of went around
and then connected with this uh piece of foundation here that um that order was never acted on, never never built. the comment and staff
report, all the all the findings and uh decisions from that 2021 hearing. Um you know, including that the kayak rack should be moved.
Um there's some kayak rack here. Of course, that was in that decision from 2021 to move it landward and some other things. They also note that there's a a boat uh on a on an outall out in here.
Um but because the entire order was never acted on and some of this work that was uh uh required at that time, you know, was not done. It will be done. Um this this is the addition they want
to build and of course they will do take all steps to uh do it right including moving the kayak rack up to some location. I think I'd have to talk with staff about where that location will be. Um
but if you saw the narrative uh this is a reduction from the previous uh proposal for the addition. Uh but it it is it's a smaller house but of course the bigger house came up here took more
space but almost all of that was in the zone B. Uh, and this this addition is smaller and more compact, but it kind of backed into an area of the zone A um, which is the line, the salt marsh
zone A line is right through here. So, there's really just a corner that's in the zone A and then there is some area to keep the 10-ft work limit around it. There would be some permanent disturbance to this area here. But the natural vegetation in this area here and
that area of disturbance is being replaced here closer to the salt marsh. Um, and what keeps this makes this as part of a uh reduction in coverage in in zone A is that there's a large parking
slab right here. It's not a slab. It's it's uh pavers that will all be removed. And uh these these walks were shown on the these stonew walks were shown on the uh not the 2021 but the prior plan when
when uh some of this uh addition was built or when the house was built and that will be removed. Uh so all all basically all all circulation and use of this back area here which is closest to the salt
marsh to the west uh will be removed. Uh the staff act asked about a uh a rent station that's right in here. Um and that will be removed. Um,
I'm not sure we we will if it's going to be if there will be one placed back on here, we'll have to come back to you to amend the order to show it somewhere. And that that I don't have that detail, but he uh Fenton said that that that will be removed. Um,
and so this this planting is restoration planting. There are these four or five small trees being taken out right here and put back in this location along with the the shrubs. It's like 14 240 square
ft with 14 to 18 native shrubs and five trees. Uh you know we feel that is an improvement. Reduction in zone A is an improvement. Um I think it's just I like to think it's fairly straightforward. Um, all of the
staff's comments um about the the boardwalk at the end of the shell path, which is this little bit right here, will be removed. The um the kayak rack will will be moved uh to a landward position. Like to work with staff on
exactly where where that can be. Um there was a comment about I think the easterly the easterly path. Um, we'll have to go over some things with staff. uh partly about because this
kayak rack will be considered coverage and so if if this little wood deck were to stay and that we'll have to check on that there if it's still a reduction in coverage or an increase and then there may be but we will do what it takes to
make a not an increase in coverage um out of this uh so that uh we'll not have to do uh more more mitigation planting So that's that's what we're proposing. I'll I'll take this down and take questions.
Okay, Tom. Thank you, Phil. Thank you. And thank you, Tom, for kind of going over all of staff's comments. Um, and yes, we would definitely like to see that kayak rack in the salt marsh removed. And we had also talked about
internally uh once it is removed kind of going out to the site and seeing the area where it was just because it has been there so long to determine if any salt mar restoration would be required. Um and then there is the second kayak
rack kind of behind the lab. So, in that new imperous surface calculation, we would need both the kayak rack, kayak racks, and the little deck off the path um for coverage, but I think you kind of went over
everything. Happy to speak with you and figure out locations of things. Yeah, he's totally amendable to to taking taking all of the conditions and and making that work out how how you how you would like to see it done.
Thank you. Alyssa, did you have anything? Nothing to add. Thank you. All right, Courtney. Busy site. Um, I have no questions, Steve.
Yeah, ever evolving, but I have no questions about this evolution. Ron. Ron or Ronnie? I'm sorry. Ron Driscoll. Okay. Um, Tom, you get the you get the greatest projects. That's quite a piece
of property you've been fooling around with for all these years and you do a great job on it. So, but I have no questions. Good luck with it. Yeah. Thank you, Ronnie. Tom, what was the walkway going down to the dock area, the marsh area? I see
he's got he's got uh maybe shells with some some railroad ties. I'm just thinking what could go there instead because it's there's a quite a bit of a drop in elevation there. It looked like it would wash out. So, I just don't know what could be done there.
Yeah, it had been washing out I think when there was a little cottage there. I mean that's been you know used I think that that cottage is probably from the 50s or something you know is back there and so it's been used for a long time and you know there's there's a drop there
you know I I I don't know what without putting a structure that would need more more uh you know more mitigation or something. I don't know what else to do. But I think right now they're I mean they're happy with the the the shells
that kind of hold the soil somewhat. Mhm. Okay. But I don't I don't know what better if there is something better to put for for now. Yeah. Just curious. Okay. No question. No other questions. Thanks, Ronnie. Uh Dave,
you're muted. Dave, you're muted. Sorry, I I just have one question. I wondered how the previous mitigation plants are doing. I think in in general, we probably have some pictures of them, but I I think they're generally doing pretty well. Um
they we we locate them. They're still out. I mean, that's I think they're doing well, you know, better, you know, better. I haven't heard I know a lot of sites they just die. I think this is as for a waterfront site, this is probably
fairly sheltered because it doesn't it it's not open to a lot of wind. So it's not directly on the ocean. So they don't get windb burned like a lot a lot of the other plants do. So I think they're doing fairly well. Thank you. That's it.
Okay. Um Melissa, anybody in the chat um have anything? Nobody in the chat and no hands raised. Okay, great. All right, what's your pleasure? I'll make a motion to close the hearing, take it under advisement.
Fiscal second. We have a motion to close the hear and take it under adisement which has been seconded. Um, any other comments or question from the commissioners? No. Okay. Hearing none, I'm gonna call a roll. Courtney Bird I.
Steve. Patton. I Ron Chris I Ronnie Bman I Dave I and Robins is an I unanimous hearing is closed. Thank you.
In a minute Tom I had a question Alyssa. They have one for Jane fur that like was that continue or do we have to be here? Should I stay around for that? Um I would just for a minute. Okay. Thanks.
Yeah, we're almost there, Tom, on that one. Um, so continued request to amend an existing order of conditions. Benjamin Carol 357 West Falmouth Highway, Felmouth, Mass. request to amend the order of conditions
MA DP25-4777 to reduce the footprint of uh the proposed work and reduce the amount of required mitigation plantings. Melissa, yes, I believe we continued this to August 13th.
You are correct. Thank you, Melissa. So, moving on. Continued hearings under a enforcement order. to 58 Westwood Road LLC. Uh care of Robert Martin, 58 Westwood Road, found
fast unpermitted construction of a shed and removal of vegetation within the buffer to a coastal bank and coastal dune. Um Alyssa, yes, I have promoted Brian Wall, who is representing the homeowner, um to make a
follow-up statement on the project. Hi, Brian. Good evening. Uh members of the board through the chairman. This is Brian Wall speaking for the property owners, Mr. and Mrs. Martin. Um I'm sure the commission will recall uh we were before you a few weeks ago. And what this
involves is some unpermitted work uh in the buffer zone. And the we reported the last time that we were here that the property owner after seeking out several different consultants had selected and hired Maria Hickeyi to prepare a
restoration plan and the board wanted us to commit to a hearing date to keep this thing moving for filing an NOI and the date of today was selected. Um, we have worked in good faith and diligently to try to get the application together, but
when we agreed to the date, we hadn't yet consulted with Cape Islands and it took a little bit longer for them to get the work done. And that's not disparaging them. It's just they we we didn't talk to them before we committed to the date. Um the good news is is that yesterday a notice of intent was filed
and so we are ready to go forward and I would simply ask um for a further continuence of the matter so that we can hear the NOI at the next hearing. Do you have a date? You got a date there? Yes. that has been scheduled for the
August 27th um hearing. We'll be advertising that next week. So, we can choose the same day if you'd like. That would be great. I'll move to continue this um uh until
the 27th of August. Fiscal second. Correct. Okay. We have a motion, a second to continue to August 27th. Any other comments, questions from the board? Hearing none, I will call call the roll.
Courtney I. Steve and I. Ron Iman. Dave. Yeah. K. I. Uh, Robins. I. So, we continue to August
27th. Brian. Thank you very much. Have a good evening everyone. I'll see you on the 27th. Thank you. Thank you. Thanks, Brian. All right. Uh can under the um next one is uh Jane Fur 2622
and 0 Shore View Avenue. Um map and parcel are 39-02C-0000-504mouth mass unpermitted removal of salt marsh vegetation and unpermitted reconstruction of a deck within conservation jurisdiction. Alyssa,
yes, thank you. Um so I did provide an updated staff report. Um, Tom has provided a site plan of the property. Uh, for the record, the quorum is Courtney, Russ, Ron, and Steve, and I'm
double checking it, and that's it. Um, so you guys are the ones that have copies of the plan. Um, Tom did address the unpermitted deck expansion and how to reduce that so it's not moving closer and where he can mitigate and proposed
mitigation. Um there is also a proposal before you through that plan to maintain the two existing pathways that currently exist through the salt marsh. Um, I think at
this time if Tom can on behalf of the homeowner grant permission for the commissioners on the quorum and myself to visit the property to view it, take some photos, um, understand what we're working with, we can adjourn um, next
time to perhaps settle the matter and issue an enforcement. Yeah. Okay. Hey, I'm Tom Bunker with BSS Design and I um the best I can say
is that the homeowner is frustrated and I I could not get a good um answer from her about
giving permission to go on her property. Um, and I I don't know. She was reluctant to give it and I I don't know that I can give it without her say so. Um,
okay. Um, I, you know, I I was emailed just just while other hearings were going on and I I did not foresee this as a potential option tonight, but uh, no. Yeah, I understand you're just
representing and I I appreciate you um being here to speak with us on the matter. Um for those commissioners that are on the quorum, were you able to review the site plan that was submitted? I have there was any
I have not had a chance to look at it really close. No. Okay. Yeah. I think we were all intending there would be an opportunity to go out and kind of understand the future visit sort of promised in that. Yeah. Yeah. That's typically how we do it here. Um well, I wouldn't want the
commission to vote tonight without having really looked at the plan. Um so perhaps we could continue for a week. You guys can review the plan and I would say that next week we issue an enforcement order based on what we can determine from
aerial photos. um with the caveat that upon at some point needing to be on site there there might be additional work needed. I would like to leave that open. But yeah, so I don't know if I could talk to her again tomorrow to see I mean
if if I were to would I have to give you permission tonight or is it something if I can talk to her tomorrow and say yeah you can go on the property. Um, I mean, I don't think the board would necessarily only have tomorrow.
Correct me if I'm wrong, everyone, to to go out there if we were to receive permission in 24 hours. Would that still provide everyone with enough time? If you get permission tomorrow. Yeah, I think we would have I personally would have enough time, I think, to get
out there. If we get the permission tomorrow, next week we're talking, right? Yeah. They want to have the hearing continue this on to the 13th. So I think if if you get permission tomorrow, it'll be plenty of time.
I personal opinion. I I'll see what I can do. Okay. I know it'll work out better if you can be there. Yeah. And take the plan with us, you know. So we should continue it for one week,
Mr. Chairman. That would be my motion. Yes. Second. All right. So, we have a motion to continue until the 13th and a second by Ron. Any other comments or questions by the commissioners? Could I ask one question?
Sure. One one thing she was wondering is it is it one property or the other property or both properties? I know that there's the deck is on one property and the paths are on the other property. It would just basically be both of the
properties that you'd like to uh enter. Yeah. I mean, whatever's whatever's on that plan. Yeah. That's what I want to be able to do, right? So, it's all one map. It's all one map parcel, isn't it?
It's on two It's on two map parcels. It is only one listed here. I know, but we're seeing 46. Well, it's it's advertised as three. There's the house parcel. There's the parcel just south of it. And then lot
504 is the one that actually touches the water. So they're all owned by the same property owner, but two are just undeveloped parcels. Okay. Okay. So we have a motion and a second to continue to the 13th. Any other
questions? Okay. Hearing none, I'm going to call the role. Um, Courtney Bird I, Steve, I, Ron, Escali, and Robins is I. So, we're continuing to the
13. Thank you, Tom. All right. Yep. Thank you. We'll see you back in. Thank you. Thank you. Good night. Good night. The next one was continued earlier, so we don't have to look at that. At 15 Moses Road. So, now we're on to vote
orders and conditions. Um the first one up is Joanne Burke, trustee 5 north nominee trust 5 north lane east mass Alyssa. Yes, thank you.
Just getting my papers here. Yes. So this was a proposal to add a small pool um to the side of the property. the patio portion was removed. Um just a walkway was added instead to reduce the overall coverage they'd need
to mitigate for. Um they're also removing a portion of unpermitted patio um a small section of permitted patio reduces their mitigation to a more manageable amount for the property. Um they're going to do some reconfiguring
with the beach grass that's there. They're also going to be replanting the struggling and dead um formally required mitigation on the property. Um we do need a revised plan just to
address the outstanding um bayberry planting requirement. It was planted along the wall and is not doing too well. So we just need that square footage installed somewhere else. Okay. Comments or questions?
Comments? Put that way. Anybody? No. Okay. I'll move to uh issue an order of conditions as discussed. Fiscal second. Yeah, we have a motion and a second to
issue order conditions as discussed. Um, do we need to add in the part about you the revised plan, Alyssa? Um, that can be included in the as discussed as long as everyone agrees with it. Okay. And I believe um
everyone except Randriscoll. Okay. So, did you second that one, Ron? I'll No, you did. You made a motion. Ron second. I'll second it. All right. So, we got Courtney and uh and Ronnie. How's that?
Great. Okay. So, Court uh Bird I. Steve I. Ronnie M I. Dave I and Robins is an I. All right. Next is
Joshua Cadoza 40 Mary Emanuel Way found with Mass. Yay. This one's been around for a while, huh? Yep. All right. So, I believe the quorum is everybody.
Um, yes. So, this is a house proposal on a currently undeveloped lot at the end of a culde-sac. Um, we did get revised plans from them showing a septic system proposed for the property. Um, as Jen
noted the last time, it mostly meets our regulations. There just a teeny tiny portion of it that is within the buffer to the coastal bank. Um, and I think we just need a revised plan.
I have something about revising the limit of work. I think it needed to be tweaked somehow. It was a little close to um buffer zones and kind of inter uh inside of the zone a salt marsh all that.
Yes. Can't be inside the zone A. So just to move it just outside of it. What? Um the limit of work that erosion control is like that that line of no crossing. So um it was accidentally drawn in the buffer. So we just have to move it out of the buffer.
Okay. Sorry. Yeah. No worries. So when are we going to require that they submit a revised plan? Yep. No, I say when. Oh. Um, we can condition it prior to
signing off on a building permit or or any clearing, anything. Yeah. Yeah. Yeah. Just make it real clear. Okay. Got it. Should I make a motion to close I'm sorry to um accept an order of condition
issue an order conditions as discussed? Great. Pat and secondly second. Have a motion in a second. Wish ordered conditions of 40 manual Mary Emanuel way. Um any other comments or questions? Hearing none. I'm going to
call a roll. Courtney Bird I. Dave I. Ron I Ronnie Bman I. Dave I. And Robins is an I. All right. We've issued order
conditions. Anything else tonight? Yeah. What happened? What happened at 11 Meline? I missed it. What happened? We closed it, didn't we? Yep. Yep, we closed it. All right. So, did he go over the drywalls and stuff there? They had one proposed drywall in the back, which I
don't know if that would be sufficient to do the whole house. They are proposing a second. Um he he added that to the presentation. And then and then what about the tree removal? Um they asked for additional removal with that three oak clump and the
commission was um um responsive to that. So they said remove or keep removal was okay and the three along the driveway they not remove. And how about the big oak in front of the club?
I think that was already um proposed because of the leeching. Yeah. We're going to get Okay, that's good. All right, thank you. All right, I need to hold you guys up. I'll make a motion to adjurnn. Patton second.
Second. Moment I Robin's eye. Bird eye. H I Yeah, we are returned. Good night.