##VIDEO ID:XhqJNdLD0C4## [Music] good evening and welcome to the November 13th meeting of the fouth Conservation Commission this meeting is being held virtually via Zoom video conference and is also being broadcast by fctv on cable channel 9 as this meeting is being recorded by zoom and broadcast by fctv please be cognizant of what you say how you say it and what can be seen and heard in your background uh at the moment we're missing two Commissioners but we have a quorum so we're moving forward as a reminder for com I'll call on each of you at the appropriate time so we're not tripping over each other and that all votes are done by roll call so when I call your name please state your name and your vote for the record even if you've made the motion or the second to our public attendees at any time during this meeting may enter any comments or questions via the chat function at the appropriate time they will be read into the record if you'd like to participate in a specific hearing let us know via the chat function then at the appropriate time I will call for public comment when you are selected you will be moved into the hearing as a participant as such you must have your video enabled be succinct and respectful of others public comments will be limited to three minutes each regarding rdas under a request for determination of applicability the applicant is asking the commission to determine if the provisions of the Massachusetts wetlands protection act and or the fouth wetlands bylaw apply to their proposed project a negative determination is that the provisions of the act and or the bylaw do not apply therefore the project May proceed as proposed a positive determination means the provisions of the act and or the bylaw do in fact apply and or may require some conditions therefore the project would require a notice intent application so as an applicant you actually want to hear us say something negative for the benefit of any anyone waiting for a particular hearing tonight so you're not waiting unnecessarily the following hearing is expected to be continued and that is zero Davisville Road and we're g to start off with uh thank you Mr bird for chairing last week I heard you had a an exhausting meeting sorry missed it I know you pushed everything to the next meeting that I'll be on so we'll be there till midnight but hey is's what it is I didn't mean to inflict such pain on you yeah I think you're enjoying it though all right for the agenda tonight first up vote minutes October 23 2024 anyone I'll move that we U uh accept the minutes for the 23rd of October as written within a potential Corrections second O'Brien thank you we have a motion in a second to accept the minutes of 1023 questions or comments all right we're voting to accept the minutes of 1023 Betsy blad filter I Courtney bird ey Matthews ey Kevin O'Brien I one abstention I wasn't there yeah okay all right we have a quorum of four so we' have accepted the minutes next up are the minutes of October 30 2024 I'll make a motion to accept the minutes of October 30 2024 as written with any potential Corrections second O'Brian thank you all right we have a motion on a second to accept the minutes as submitted for October 30 2024 questions or comments we're voting Betsy BL felter I Courtney bird I Matthews Z Kevin O'Brien I myy abstention wasn't there okay we still have a quorum for this vote so we have accepted the minutes of October 30 thank you Kristen next up other business discuss and vote conservation restriction for North Falmouth Woodlands Chen yes Mr chairman I've promoted Kelly Grant up from the compact Cape Cod and Jessica rittenau from the 300 committee to present the CR to the board as you know um this is part of a a 40 acre correct me if I'm wrong Kelly or Jessica purchase um by the 300 committee where the town will be holding the CR on that we have um received the first of hopefully two land grant um land grants uh in the amount of $500,000 to help fund the purchase of CR so I will let Kelly and Jessica go excellent right thank you thank you Jen for the introduction I'm Jessica ritow executive director 3 inter committee land trust and Kelly Grant is the land protection specialist with the compact of Cape Cod conservation trusts um in the interest of time we are we have a very brief introduction to what this is and just describing this milestone for the project we have been before you uh certainly before the community preservation um committee application was submitted we are so grateful for the partnership with this partnership allows for is for the 300 committee to purchase the land and for the conservation commit to purchase the conservation restriction which is the instrument that ensures permanent protection of the property extinguishes all development rights allows for Public Access Public Access in this case passive recreational uses Trails a parking area uh as far as uh the overall project is concerned as Jen mentioned it is in two phases phase one uh we are nearing uh an important Milestone we're going to be closing on the purchase in January January 15 2025 this conservation restriction would be recorded at closing after approval of concom we'll go to the select board and then it goes back to the state for Signature uh I would um entertain any questions I don't we don't have any additional um presentation if you would like to see the map of the property we could certainly show that uh but I think at this time U I would ask the chairman U if you know for next steps if you want to go through questions okay thanks Kelly is there anything you'd like to add at this point uh no I'm here to answer any questions that may come up from the commission thank you okay for clarity this is the the property off of Benjamin NY correct yeah okay yes can did I see your hand up no I was just going to state that it was it was that proper in North fouth off Benjamin I all right anybody have any questions I think we're all familiar with the property so the conservation restriction is a pretty standard tool that we have so all right so we're going to need a motion in a second to vote the conservation restriction for the north helmouth Woodlands I'll make that motion okay bird second [Music] always good when we have multiple motions and seconds all right we have a motion in a second to issue a conservation restriction for North Alou Woodlands questions or comments all right we're voting to issue the conservation restriction Betsy blad felter I Courtney bird I Matthews I Kevin O'Brien I myy hello hawky it is unanimous with this Quorum we have issued a conservation restriction for for North fouth Woodlands thank you for your efforts on behalf of 300 in in the community the the county we appreciate it one quick question Jamie Kelly do you need all signatures of the concom or just a quorum on that um um so I guess it will need to be a quorum of th yeah of those pres so if four of you wouldn't mind coming in tomorrow um we can print that that out in the morning and have it ready for you guys to sign this week okay thank you thank you so much Kelly thank you Jess than very much we are so grateful for the support thank you all right next up is a request for a continuance under a notice of intent Wayne Van Wart the seashell Lane Community Association Inc which is don't know why zero Davisville Road map and parcel ID is 40-11 d013 d00 Falmouth Mass for permission to reconstruct and enlarge an existing licensed Community dock system 10 yes Mr chairman the applicant is requesting a continuance until December 11 so move heard car Hawk second all right we have a motion and a second to continue this until December 11th any questions or comments all right we're voting on the continuance Betsy BL felter I Courtney bird I Matthews I Kevin O'Brien I morning AR hawky it is unanimous with this Quorum we have continued this hearing until December 11th next up are request for determination of applicability first up Patricia Wright 12 Juniper Point Road found with mass for permission to construct an addition and deck Alissa staff recommends a negative3 under the state and a negative2 under the bylaw resourc boundaries are not confirmed Biro move har Hawk second all right we have a motion in a second to accept staff's recommendation questions or comments we're voting Betsy ey Courtney bird I Matthew's I Kevin O'Brien I my car Hawk ey it is unanimous we have accepted staff's recommendation I'm sorry how long did you say that meeting was last week 23 minutes three minutes okay so I have uh I have 11 minutes left okay good next up town of fouth zero Bell Tower Lane maap and parcel ID 49a a-04 d56 A- z0000 fouth mass for permission to construct an ADA Compliant parking space and paved path Alissa staff recommends a negative3 under the state and a negative2 under the bylaw resource are boundaries are not confirmed bird so move Hawk second all right we have a motion in a second to accept staff's recommendation questions or comments we voting Betsy black fter I Courtney bird I Matthews I Kevin O'Brien I myy Carlo hawky it is unanimous we have accepted staff's recommendation next up Starbucks Holdings LLC 15 beam and Lane fth mass for permission to remove a driveway and shed convert a covered patio into living space and install Stone Stoops and paths Melissa staff recommends a negative3 under the state and a negative2 under the bylaw resourc boundaries are not confirmed heard so move car Hawk second all right we have a motion in a second to accept staff's recommendation questions or comments we're voting Betsy felter R Courtney bird I Matthews I Kevin O'Brien I myy how H side it is unanimous we have accepted staff's recommendation next up Michael p and dly v Bingham trustees 27 Crosby Lane hel with mass for permission to remove an existing sewage Disposal system and install a new title five sewage Disposal system Alissa staff recommends a negative3 under the state and a negative2 under the bylaw resourc boundaries are not confirmed bird so move car Hawk second all right we have a motion excuse me we have a motion in a second to accept staff's recommendation questions or comments we're voting Betsy pter ey Courtney bir ey Matthews I Kevin O'Brien I my Carlo hawky it is unanimous we have accepted staff's recommendation next up is a continued request for determination of applicability Michael no 205 Lakeshore Drive found with mass for permission to install new siding reconstruct a deck and reconstruct a retaining wall Alyssa yes this U application has been withdrawn they'll be filing a notice of attent all right all right that brings us to hearings under notice of intent all hearings of the fouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetlands protection act and the fouth wetlands bylaw although a single decision of the commission is issued it represents a separate decision under each Authority as a reminder public commenting is limited to three minutes so I encourage you to stay within the purview of this board which are the rules and regulations of the wetlands protection act and the fouth wetlands bylaw and how they pertain to a particular application the chair reserves the right to stop any commenting that is disparaging or inconsequential to the hearing first up is Albert gabrielli 93 BB Acres Road thou mass for permission to relocate a deck and construct an addition Jen yes Mr chairman I have promoted Mike boreli up and the property owner Mr gabrieli up to present their project excellent Mr belli you're up sir thank you Mr chairman for the record my name is Mike belli from fouth engineering and I represent the applicant uh the applicant is Albert gabrieli he's also um here with me tonight with your permission I'd like to share my screen absolutely the property in question is at number 93 BB Acres Road I'm sharing with you the uh current proposed plan um the land um contains 27,400 square feet um it has um Frontage on Fresh river which is right at the entrance uh the entrance of fresh River or the point where it drains from citter pond is shown in the upper left corner here um there's a bordering vegetated Wetland there's um land subject to Coastal storm Flowage which the entire lot is within land subject the coastal storm Flowage we have shown the associated uh notice driven Zone a from the BBW and the outer buffer zone B from the BBW just four for uh overall reference I'll share with you this aerial photo it shows BB Acres Road which is a which is a a circular Road off of Walker Street and the lot in question is here number 93 if I zoom out you can see um sitter Pond to the north and there's an entrance to Fresh river right here and it runs through the neighborhood um and eventually ends up going underneath surf drive out into Vineyard sound it's uh a little bit shed up in here you can see but this does meet the definition of a river and it's subject to uh the River Front regulations promulgated by DP and by you um on the property today is a single family dwelling a deck a driveway in a very limited cleared area around the house some of you may remember this project you issued an order of conditions for this work um and you uh allowed for an area of alteration of 5,700 Square fet the uh vegetation on the lot is predominantly or almost all invasives plant things there are some scattered trees throughout but for the most part this is all invasives in the form of uh walking stick um uh grape um Bittersweet and Mr Gabrielle's um forever having to keep the area maintain because it's aggressively invading into the space limited space that he has um I referenced that you've seen the project in the past and that was um for this project which is the same house um you can see there was a deck proposed driveway and at that time um we proposed the limit of work and I'm tracing it with my mouse to be 10 feet around um all of the structural components on the lot and that yielded a uh 5700 s ft of alteration due to a growing extended family and uh retiring to this property um Mr gabrieli has been exploring making some modest modifications to the structure that would include a an addition on the r a that measures 12 ft deep and it goes along the entire backside of um the house you can see in the background in red the existing deck the actual living space of the house would be 12 by 42 and the plan was to uh relocate the deck behind the garage in this area so it's a 12T wide strip along the back of the existing house so we're solely in the um outer buffer zone B of A BBW the uh no dist stbon Zone a remains completely intact um and and then there's a significant portion of the outer buffer zone B that's also completely intact it's this Fringe areas around the edges that uh are the main reason we're here you can see on this plan there's a green line representing what we're proposing as the limit of work for this project which basically is 10 feet off the structure you have a regulation that requires a no structure Zone and you your policy is for that to be 10 feet um so that is why we're here because we have to alter the limit of work and we want to maintain the 10 ft off of the proposed Str structure there's an additional uh roughly 450 Square ft of uh alteration we're hoping you can approve and I use the term alteration I guess in quotes because the only alteration is removal of the invasive plants uh material which is extremely aggressive but um it is some alteration as as a means uh to give you a little bit more reference I took and I highlighted the proposed plan with some color um and if I'm hoping you can see me trace this um the limit of work that was originally approved around the original House went like this it's it's I'm tracing it over a blue line that was providing 10 F feet from the original structure um and now because of the change on the back of the house um and to maintain the 10 feet we're hoping to gain approval to allow us to put the limit of work here so these green highlighted areas are the areas of uh further alteration that we're asking for to be allowed to maintain that 10 ft um you can almost watch The invasives Grow um in in in als's out there on a regular basis trying to um keep the area clear around his ex existing U structures so he has 10 foot passage on both sides he does have a path he did get permission from you for a Vista window that's shown on here for reference so um I submitted in the application um the riverfront regulations require you to um go through a process where you demonstrate how um you're overcome the presumptions of significance for all the Wetland resources uh in in jurisdiction and unless you want me to I won't boil you with reading that but the narrative went through each of those uh Wetland resources and how we believe we overcame the presumptions of significant the riverfront uh regulations also uh require you to do an Alternatives analysis and the way those regulations were written at least in my opinion was for much larger projects where there's numerous different Alternatives that could be considered along a river in this case the alternatives are pretty limited there's really no other place on the lot you could put the additions that made sense you certainly couldn't put them in the front yard because of zoning requirements it didn't make sense to put them on the sides and even if we did they'd still be within the riverfront area so the logical place was to um propose a modest expansion on the back of the house the other alternative of course is the do nothing alternative which um isn't really an alternative to Mr gabrieli so we think what we're opposing is uh reasonable it'll have no impact to uh Wetland resources the alterations are areas of invasive plant material there's no trees to be cut um and we're hoping that you will uh agree with us and issue a favorable order of conditions and with that I'm happy to take questions as well as Mr gabrieli thanks Mike Jen Mike what was the uh square footage of that additional cleared area um The Little Triangle piece that went to the path 800 and this area here you're not sharing so we're not oh yeah that's right this are yeah I'll zoom in for you these squiggly lines represent and near uh the edges of of invasives um very today um that lead to that path that Mr gabrieli had cleared I and I use the word cleared it's really not the right word cut back because this is all walking stick and it literally is marching towards the property so he had cut that knowing it's going to come back he's const stantly fighting that walking stick invasive plant uh and he can speak to that more but that is about 870 square feet right there that we are if we it's just sort of a maintenance thing he's been trying to keep up with it you know over the years so he's going to maintain that I presume so then the area of alteration in the riverfront is over 7,000 correct well I'm going to let Mr gabrieli speak to whether he wants to maintain that maintain that okay no that's fine but I just want the board to have the right numbers yeah I just want to make sure you folks can hear me is it yes we can thank you for having us I appreciate the opportunity um and for this to be seen and reviewed or considered by the commission so thank you um so you're you're correct Chen so if the 871 is would be added to the 6157 and so it comes about a little bit over 7,000 and yes I'm prepared to maintain that um it's the it's the flat area in the back that has to get maintained because these invasives the devil's walking stick comes up they're attracted to the Sun and then they overhang and they overhang back into the limit the current limit of work area onto the deck and up to the house and you can see that activity as it currently stands now on the sides of the limit of the sides of the houses where the limit of work is right now so that's what we're constantly dealing with so it's it's maintaining the current limit of work area that's covered by the pstone which is the original limit of work um it's also the uh the trees on both sides of the limit of work on both sides of the home which have to get cut back when that encroaches onto the current limit of work um and then it's the ladder area in the back which right now what we're trying to do is just to prevent the the devil's walking stiffs from moving forward by just mowing it down but it's got a deep root Network it expands rapidly and it regenerates quickly so it's a constant battle in all those three areas of the property today Jen nothing to add Mr chairman the Board needs to determine whether or not one you want to allow for that additional alteration in the river front given that we don't usually see properties with devil walking stick and it is and if you've all gone out there you can see how um how it is overhanging um and then two if uh Mr Borelli has met the um has overcome the presumption of significance so then he doesn't have to go through a full-fledged Alternatives analysis which he did touch on there's not really a lot of Alternatives here it's either do the project or not um I I think pretty much those are the Alternatives um these particular property owners are facing that's all Mr chairman thank you Alissa no comments thank you all right um we go to Commissioners I just want to Jen would you clarify about the square footage so they have 5700 last time if my numbers are accurate we're close enough anyway um this is going to bring it to just over 7,000 what's what's the threshold we're looking for the threshold in the riverfront Act is 5,000 square feet Okay so we've already allow 5700 at the first at the first hearing you did allow an additional 700 um they're coming back for an additional um an additional 768 I believe and then we have the the the maintained cleared area of 871 um that the property owner is maintaining to try to hold back that station I was looking for clarification on the square footage thank you could I have one little bit of clarification Mr chairman uh sure so I'll be brief the 5,000 square feet it's it's actually 10% of the lot of 5,000 whichever is greater in this case it's 5,000 but it does go on it's not a hard and fast don't cross the 5,000 square foot threshold the language of the regulation says that if you go beyond it you can go beyond it at the discretion of the reviewing Authority if you demonstrate that you've overcome the presumptions of significance and we wrote an extensive narrative on how we by clearing these invasives it's not having an impact so the O uh presumptions of significance in our opinion were overcome so it's not like you're granting a variance or anything to go more than 5,000 square fet okay so if we take the 5,000 square feet and the 10% we're there so okay I'm kidding sorry Betsy I have no questions I understand what what's being asked okay Courtney uh that walking stick is nasty stuff and I can fully empathize with it because I am faced with it on my own property do you have a plan for trying to control it other than cutting it back right now Mr bird I do not have a plan other than as part of the Vista pruning action that we had done we've made some significant progress against doing some of that activity getting the vines out of the trees I've been more than happy to continue getting those Vines out of the other trees that are on the property because the restor the restoration to one tree has been significant and and beneficial so yeah I I mean I would suggest even though it's not the um scope of this uh application that you uh follow up with some kind of plan that could be approved by this commission for control of that stuff because it's it definitely is nasty and uh uh you know you're going to fight with it for the rest of your days there no other comments thank you on that note I would question more you might know the answer to this is it like bamboo where you need a root barrier that's rhetorical I'm just throwing that out there um you know I wonder if that wouldn't be part of a solution I don't have a problem with the project I don't have a problem with the clearing I'm good with it Kevin no questions Mr chairman thank you all right Mory no questions either I understand the project Mory real quick uh to Jaime's point would a root barrier help with the devil's walking stick as I know Mark knows a little bit about the plant we don't have it in too many areas in town so no it's not that common um no I know there's a pocket and siple wh it some in north thalouth in this pocket and those are the three Pockets that I know of and one of barrier and um remember the one that came in front of us with the the rubber mat to to suffocate it oh yeah that was in East FMA East FMA yeah yeah yeah yeah that was sure could um yeah my my experience with it is if you cut it and paint it with a glycate it kills the tree but it's got to be cut and and very similar cut and drip it's got to be done right it's targeted yeah yeah you can't just spray it it's you don't spray for you just cut it and paint the root that does it in so Mr Gabriel you might want to look into you know do some research on that so that you know it it's not as much of a chore but I would caution you not to get crazy because if if we allow this project it's kind of limited to what we've been talking about so yeah don't go cut your whole lot and paint the whole lot go hey you told me to Mr chairman I intend to refer them to some of the Consultants that you've seen before you that specialize in this to get and if there's some sort of in enhanced treatment that's proposed we could we could come back for an amendment yeah I I think that's appropriate yeah all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman I'll make a motion to close the hearing and take it under advisement bird second all right we have AIT we do have a I'm sorry Mr chairman there is a chat um it just came in I apologize um it just says what evidence for Devil's walking sticks sir I don't understand the question Z asking if we're assuming its walking stick it's like what evidence for Devil's walking stick yeah well Mr gabrieli had an arest there that was involved with the um Vista pruning process I forget his name if you can say it but I mean they're the ones who identified it yeah Sean Wolf of Cape country he's the one that identified it is Devil's walking stick okay thank you yeah please make it clear the application there's another chat Mr chairman the applicants make a claim of invasive Devil's walking stick what evidence has been presented to confirm to confirm that it's invasive um well he just stated here arborous to identify it yeah oh that that it's there it was identified by a professional sir he said Thank you thank you all right we have a motion and a second to close the hearing last call questions or comments we're voting to close the hearing Betsy lad felter I Courtney bird I Matthews I Kevin O'Brien I my harlo hawky it is unanimous we have closed this hearing thank you very much thanks Mike thank you to gabrielis have a good night thank you all night all right the next hearing has been previously continued brings us to Sue and Eric Eric Murray 76 manant Road found with mass for permission to raise ra a z an existing single family dwelling and detached garage construct a single family dwelling with a deck install a new title 5 sewage Disposal system and install mitigation plantings Jen are we table yes Mr chairman I think this is the one we were gonna table until um yep nope Chuck's got his hands R that's we're just going to ask you Chuck raise your hand if you're ready okay I'm promoting Chuck Roland up from cap and Islands engineering to present his project excellent good evening everyone can everyone hear me yes you're up Sir great uh I'm gonna share my screen I could find the PDF that I'm working on would be helpful let me know when it's popped up you guys see the plan yes yes great see um for the record Chuck Roland cap and Islands engineering I'm representing the client at 76 man Road um I have a fairly straightforward project in front of you for we're demolishing and rebuilding um existing single family dwelling um the uh lighter tan color here is the existing dwelling and uh garage with a existing septic pit in the G in the driveway um we are proposing a single family dwelling uh as well as um allo perces including a patio um we believe we're putting in a spa but that might be coming back with a revised plan to not put it in um we've also proposed a uh Title 5 septic system with a pump chamber a raised uh leeching field um with Associated uh mitigation here on the South Side um to fully vegetate the azone we've Incorporated um some drainage so we're going to we have um plastic infiltrators uh on the east side of the property as well as on the north side of the property to collect uh roof drainage and then I've come up with um a slightly different uh infiltrator um to collect the uh runoff from the driveway uh I've shown some uh details on how we're going to collect that storm drainage as well as a sump uh which is a um requirement for the engineering department of the town uh here's our typical uh View for the drainage um with the uh plastic INF infiltrators for the roof detail um we're providing a work limit to Encompass the uh work area um the new title 5 septic will provide um five feet of Separation which is um greater than what's uh there right now um we'll be removing the existing driveway and replacing it with this proposed driveway as well as a proposed shell area off to the north so the house will have a drive under garage with living above um and we're going to be um this house will meet flood zone requirements um as you can see we do have a Falmouth reg fouth Wetland regulation vzone um and we have stayed just outside of that um which is the 25t offset to the uh um flood zone uh ve flood zone right here so the entire property is located in um either an ae14 or a ve5 um only a small portion of it is in the ve5 we've proposed a um cedar tree as well as 514 squ F feet of mitigation planting to Encompass the whole a azone um uh I had a few staff comments I believe I addressed them in an email um so presently there is a cesspool and we're it's in the existing driveway um if we were to shift some of the uh septic components the tank and the pump in the driveway um it would make um I believe that we would have a hard time making cover to theit driveway so um our kind of vertical separation there is very tight so I just don't think it would work um I don't believe there is a Coastal Bank on the beach side of man not Road I believe that the slope is on is the beach um but the most restrictive Wetland is the Dune which we have shown um on the far side of manot road um I believe that possibly the previous client did uh cut remove two trees uh I was not made aware of that until I got these comments from staff we are proposing um um a cedar tree uh and the it appears that the two trees that the uh agents found that had been removed were in the B Zone um I I think that we're kind of incorporating as much vegetation as possible in this area um but um I'll leave that up to you and then we did file um an application of zoning board of appeals today so um it's my understanding that we can be heard in front of you which I guess was um another question that came up so with that I'm happy to answer any questions do you want me to stop sharing or do you have questions about the plan uh for the moment stop sharing but don't be annoyed if we ask you to start again Jen yes Mr chairman um thank you for explaining why you couldn't move the septic we were just kind of curious why you were keeping it in a vzone instead of Shifting it uh at least that field um Chuck if you got to go to zoning just file with them please okay because next time I won't hear you I'll teach you I wish it was I wish it was up to me but yes I know I know I know you do you you guys are concom and the lawyers are zbi I got it stay on top of the lawyers um I'm assuming the change in the spa might be if zba doesn't give you that 2% extra coverage um I think it's got something to do with setbacks but oh okay all right so okay um pretty straightforward like Chuck said we just had a few of those like minor comments Mr chairman um we did go over and talk with the health department I think it's going to be just um I don't believe it has to go through the full Board of Health I think it's just either a Scott or Bernie sign off um we did go and talk to Bernie about that and we did go up to zoning and found out that they do need to go to zoning so as Chuck said they filed with zoning today and the wetlands protection act does state that you at least need to apply for all obtainable permits so it's got zba covered and I think the Board of Health is just um a staff sign off so we're good and that's all my comments all right Alysa nothing to add thank you all right commissioner comments Courtney no comment all right so Chuck I know you said you you're going to zoning um because looks to me like you don't meet any of the setbacks with the the infiltrators the spa all that so I assume that's part of the that application um yes uh it has to do with the spa as well as the existing structure in the setback um and I believe the proposed structure in the setback as well okay and the garage is under the entire structure um it's under um a the uh a portion of it on the right side where it bumps out on the south side if you kind of draw that line straight up there's um some unfinished utility type rooms there okay so you don't need to be on piles or anything like that no but it's it is a raised structure but it's not on piles okay um you address the trees okay thank you Kevin no questions Mr chairman Mor um the only question I had is that going to be a concrete wall around the leech field um I called for um for it to be designed by others we did I yes I I assume it's going to be concrete or block okay yeah because it's in the v Zone and you're not going to worry about encountering any groundwater my correct uh sorry can you ask that question one more time uh groundwater you're not going to worry you don't have any issues with groundwater for dewatering um I think that we are very close the bottom of the pump chamber might get into some groundwater uh The observed groundwater was at um3 we're um about half within half a foot I don't think that we need to do water to to put a place of tank um and a little bit of water all right thank you that was all the questions Board of Health will address that thank you let see no questions thanks all right Jen is there anything in the public chat function please nothing in the public chat function Mr chairman I'll make a motion to close the hearing and take it under advisement word second um Jamie I had one more question I'm sorry y um have they considered a dite system I just I forgot to throw that in there I I did bring it up to the client um I I will make sure I bring it up again it's a very tight spot to be putting another p uh tank in um to my know to my knowledge I believe um we will be getting sewer in this section town except I cannot confirm that at this time um and obviously when the sewer comes in we would have to be required to connect it's too close isn't it isn't it too close to the water ocean I was going to say there is sewer on Mar Vista it's already gone in so if this property isn't currently stubbed for it then the sewer is not going to go down that far Mor I don't think this might not be in one of those nitrogen bubbles nitrogen restri red area just because of where it's located I was wondering if it was right outside of it that's yeah I think it might be right outside of it thank you it's going to capture grape Pond but I mean this is this is like right across go right into the O marav Vista yeah that's what I was thinking ocean instead yeah might just be outside of that thank you sorry to hold that up but I don't know that something you may want to check Chuck yeah I will I don't know it off the top of my head all right last call questions or comments All right we have a motion in a second to close the hearing we're voting Betsy beld Courtney bird I Matthews I Kevin O'Brien I my car hawky it is unanimous we have close this hearing thank you Chuck thank you have a good night night it as well excuse me next up Jonathan and Annie Burley 60 Carry Lane LLC 60 Cary Lane found with mass for permission to raise ra a z an existing single family dwelling and detached garage construct a single family dwelling with decks install a new title 5 sewage Disposal system and install landscape plantings Jen yes Mr chairman I have promoted Mark di up from cap and Islands engineering to PR present this project good evening Mark excellent Mr Deb you're up sir good evening everybody again Mark dib with cap and Islands engineering representing the applicant 460 Carry Lane um for an noi to raise and replace uh the existing uh main structure on the house as well as um remove an existing detached garage um with your permission I'd like to share my screen yes [Applause] sir um so the property tonight is at 60 Carry Lane um Buzzards Bay is to the Northwest um you've seen this project before there's been some invasive management PL um prepared by wilin ecological design um for this area of the property um The Proposal is to uh demolish the existing structure that's in this area as well as this existing garage and propose a uh new dwelling and decks um associated with that dwelling and the the new house is proposed um mostly in the same footprint as the existing house um and even a little bit uh two square feet less of a footprint in the B Zone um as as opposed to what exists today um there will be some there is a landscape plan that was provided um that shows some Landscaping adjacent to the the house as well as in this area um the project is a again a net reduction in the B Zone uh roof drains will be added to the property and um a new title 5 septic system which is cited um significantly away from uh the resource areas um other work outside of jurisdiction they're uh going to uh protect this stand of trees as well as just uh rebuild the the driveway coming in again most of that work is outside jurisdiction so the the associated b Zone um does run through this part of the property and as I said we're um the house is generally in the same location as the existing house um with the majority of the added footprint outside of the the B Zone um that is uh my presentation I did have a I did respond to a staff comment um I think we had a an existing condition of a lawn call out in this area when in fact uh this dashed line is the previous approved um restoration area on the previously approved uh file number 25-4 4850 U by Wilkinson so we just made that added to the plan as well as I've confirmed with the landscape architect that uh no trees will be uh removed in in the B Zone there's some trees shown on the plan that exist in this area and they will remain existing um with that I'd be happy to answer any questions thank you thanks Mark johen uh no uh no questions Mr chairman thank you Mark and just for the record um Steve uh one of our missing Commissioners back in the meeting thank you Steve welcome Steve right Alissa no comments thank you all right commissioner comments well myy we're gonna start with you I have no comments thank [Music] you Steve no comments thank you all right let's see no comments Courtney uh I have no comment all right well somebody's got to say something I want to make a comment comment mark saying no no no I just think it's a terrible pro project I don't know how anybody can stand looking at all that the it's it's fine it's the fine it's the location I mean you got to look at the ocean and everything all right never mind Kevin no comments Mr chairman thank you Jen is there any anything in the public chat function please nothing in the public chat comment I'll make a motion to close the hearing and take it under advisement bir second all right we are a motion in a second to close the pro close this hearing last call questions or comments we're voting Betsy glad felter ey Courtney bird ey Matthews Z Kevin O'Brien I my Carlo hawky Steve an i it is unanimous we have closed this hearing thank you Mark thank you thank you Mark next up continued requests for hearing under a notice of intent um before I start not on the next four if you want to take a na or a break or both it's plenty of time next up continued request for hearing under notice of intent first up Terren and Margaret Forester 37 Les Road f with mass for permission to conduct invasive species management and restoration Jen yes Mr chairman I have promoted Stephen Lee from Wilkinson ecological uh to present his continued project all right Mr Lee you're up Sir hi good evening Commissioners and staff my name is Stephen Lee I'm a project manager with Wilkinson ecological design and I'm representing the applicants for 37 beckles road tonight um I suppose it would be best to just address the revised staff comments and then I'd be happy to share any um anything you'd like and as well as respond to any questions um So based on the revised comments we two have reviewed the nhp uh comments and the time of your restrictions would not impact our scope of work for this project um as well as just noting that the uh first condition does reference um during the time of your restriction no burning um we will of course just reiterate happy to work with the found fire department on permitting um a controlled burning of the invasive debris just to facilitate the uh the site a site access issues that are presented at the property um following that uh we are amenable to changing the planting sizes of our shrubs from one gallons to two to three gallon plant sizes um we would just ask that that be conditioned in as a special condition uh with this order and with that I'm happy to respond with any questions or uh present any material thank you Chen uh no comments Mr chairman uh thank you for Revis um for we we'll condition the plant um the gallon size for you and um we'll be putting in that time of air restriction that's all Mr ch all right Alissa no comments thank you all right commissioner comments Steve no comments thank you thank you for the effort Betsy no comments Courtney no comments all right I reiterate thank you for putting the effort in correct well not correct but address issues Kevin uh no comments chairman thank you all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman make a motion to close the hearing and take it under advisement C second we have a motion in a second to close the hearing last call questions or comments we're voting to close the hearing Betsy butter ey Courtney bir ey Matthews I Kevin O'Brien I Steve pton I it is unanimous with this Quorum we uh we uh have closed this hearing thank you Mr Lee thank you have a great night thank you next up Michael Smith and Ivon Chong for whittimore Avenue found with mass for permission to upgrade an existing sewage Disposal system construct a second floor Edition and install restoration plantings Jen yes Mr chairman I promoted Mark Deb cap and Island engineering to present his continued project we're gon be going back and forth with you all night I'm going to be taking you out of the meeting putting you back in taking you out putting you back in got it I almost didn't uh Turner I was looking the other way I almost didn't see I was ready again so um uh good evening again Mark tib for the record uh for the applicant for for  so we with your permission I'll just share my screen yes sir so this is the project I had previously presented um I think there's three main um things we did with the plan we number one was Field located the coastal Dune and have added that to the to the site plan um number two is um some historic clearing had taken place um we're proposing to restore everything that was um touched with the exception of just essentially a 4 foot uh access around the house as well as over the septic components of uh of the Le new leech field and uh IA technology tanks um but we're proposing to restore everything else possible um around the site and we did provide a structural letter for the addition um the actual work for the property was a a second floor Edition over this piece of the house as well as we investigated the um the enclosed areas under the house this house is actually built built um for vzone uh construction so it's built on queson and piles um there's definitely I think within the structural report one of the pictures you'll see that half of uh the wall that was noticed was infilled uh it's clearly visible that there's some newer siding on the house um and what we've done is uh there's an existing 10 by10 area um that was uh built just as a small little storage area um we we would like to propose that uh since this wall this wall right here is already filled in uh to expand that potentially expand that area up to 200 square fet total um and then the rest of the the wall area that was enclosed would be removed along this wall um there's a note that that would be removed as well as the remaining uh area along this wall uh would be back uh opened up and so water would be allowed to freely uh come and go under that so um I believe we've uh answered uh the requests from last meeting meeting and be happy to answer any additional questions thanks Mark Jen uh thank you Mark uh will your clients know that we probably won't sign off on the building permit for the second floor Edition above the garage until all that paneling is removed and we can verify that okay okay and I do note that the the the floor was all is already insulated and stuff like that so um just as a that was kind of a question came up last time but that that work should not need to be done okay thank you um that's all I have Mr chair OHA no comments thank you all right we're right back at the beginning commissioner comments Betsy no thanks Mark thanks Jim Jamie Courtney uh no comments all right thanks for addressing everything Mark looks like a nice clean project Kevin uh no questions Mr chairman thank you all right Steve no questions thank you all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman and I'll make a motion to close the hearing and take it under advisement bird second we have a motion in a second to close the hearing last call questions or comments all right um I asked you WOTE public the chat function right yes Mr chairman wasn't fast enough with my check thank you all right we're taking the vote to close the hearing all right Betsy blood filter ey Courtney bir ey Matthews ey Kevin OB Brian I Steve p i it is unanimous we have closed this hearing thanks Mark you all right next up Frank seaka 96 Waterside Drive North fouth Mass for permission to remove an unpermitted patio construct a deck install a fence install mitigation and restoration plantings and to request a variance from fwr 10.38 D4 df-4 gen yes Mr chairman I promoted Arlene Wilson from Arlene Wilson Associates and I'm attempting to promote Tom Bunker from BSS design there you go Tom NOP Tom not going to be here harle am I promoting Tom I I don't think he's here Jen oh he's here oh but he's not all there before you all start oh here he comes verify the and Mr chairman I will be sharing my plan for arene those of us who are technologically challenged are very very grateful Jennifer not a problem everybody St now I'm all here there you go Tom finish chewing Pizza Arlene Wilson am Wilson Associates here for the chakas um I met with Alysa and Jen to go over the the plans and I think we finally uh have agreed on a set of plans that meet your regulations um staff had requested at the last meeting that we provide them with a plan that showed the 35 foot uh line landlord of the revetment which had been the 2008 uh mitigation requirement before the previous owner uh took it all out um we've done that uh and Al so the mitigation that shows on this plan uh doesn't provide a straight line it's a uh little more artistic we think um the square footage equivalency is all there um plus the square footage that's necessary for a 200 square foot increase in the deck um which is shown in yellow um the only location the only location where we're going to use low shrubs will be in the the Vista Carter um as you can see on the plan now we've moved H an additional tree uh seaword of the house and indicated that the the three trees that will now be sea of the house will be uh red cedar as requested by staff other trees um May in fact be Shad or red cedar um and uh We've um there were some adjustments to the plant mix um which I think uh staff is now happy with we've adjusted the size of the plants at installation so that they're a little bit larger um and we've agreed to uh remove invasives and and non-native landscape plants from an area to the east of the house as well uh as the original restoration area on the plan um I know that the staff is going to request uh that the mitigation plantings be installed prior to their signing off on a building permit for the deck should the commission uh see fit to approve that that deck uh construction um I would make a a request that that restriction uh apply to the planting areas that are seaward of the deck because the areas around the sides of the house are very narrow and should the um New mitigation plants go in we would only have five or six feet in width um adjacent to the the AC units on the west side and the bulkhead on the east side and um contractors being what they are no matter how careful uh it would be hard for them not to do damage to the new plants in those areas um so I you know I would ask for that consideration and certainly uh we understand that staff wouldn't sign off on the entire project until all of the sideline uh plantings are in as well all set Arlene yes um Tom do you want me to show your plan do you want to talk no I mean I I don't I'll answer questions but I think Arlene covered everything okay perfect all right Jen you're up oh no just um just to want to make sure that Courtney Steve reviewed this project for the M roll yes yes yep thank you um sorry about that Jamie I didn't hear you go out in and out on me sometimes um um no my only thing was Marlene's been working with us with the plan kind of rearranging some of the plants removing the ones we weren't terribly comfortable with uh I think we're there um we were going to leave the hawthor Alyssa or was it the other one we took out we took out one of them um I think you took out yeah one of them we'll double check that Arlene if we have to condition it we will out the buck the buck Thorn okay not the hot yeah um and uh as Arlene said I'm fine with that Arlene as long as the bulk of the plants go back I mean and I really just mean the restoration plants but since they're all together um yes I do want those in before we sign off on a building permit but I can hold off on the ones along the side of the house to give you ample construction room because we don't want you to put the plants in and then get them trampled that's not our goal thank you okay and that's all I have Mr chairman all right Alyssa no comments thank you all right commissioner comments or questions Courtney uh I will second Jen's comments about the planting sequence I think it's absolutely reasonable no other comments all right Kevin um no comments Mr chair thank you Steve uh no comments thank you right Betsy no comments thanks all right Jen is there anything in the public chat function please nothing in the public chat regarding this project Mr chairman close the hearing and take it under advisement second all right we are on a roll we have a motion in a second to close the hearing last call questions or comments we're voting to close the hearing Betsy BL Ry Courtney bird ey Matthews Z Kevin O'Brien I Steve Pat I it is unanimous we have closed this hearing thank you alen thank you Tom you [Music] all right next up Dale K Welden trustee Dale Katherine Welden revocable trust 2013 129 racing Beach Avenue found with mass for permission to construct a deck and install the associated mitigation plantings then excuse me Mr chairman uh yes am I boring you I have noted off sh I have left Tom Bunker in our meeting so he can present his next project excellent Mr bunker you're up Sir still all here for record my name is Tom Bunker at BSS design and uh this is a continuation of a a project from two or two or three weeks ago uh where it was detected that the front walk to the house had been widened and a and a patio area built off of that so I um I'll put the put the drawing up I'll show show what happened I'll show the uh the mitigation that we put in to uh to uh to deal with it share that okay at 129 racing Beach Avenue uh there were several comments from staff one regarding this walkway it is bigger than that was done we just surveyed it late last year and probably last this past summer uh they went and did did that added that in there and so I added that this enlarged walk patio is uh uh 106.7 Square ft in zone B is a 2113 square fet of mitigation planting so they still show it in the two parts what was down here was the original mitigation planting of of uh 1127 square fet and then this uh 2133 Square ft of mitigation planting up around here so we still have 10 ft uh 10 ft or more from the proposed deck to the mitigation planting uh in addition oh and the step said that they feel that four trees is too many so it took one out and the exact locations uh will be TBD at at planting time uh so we showed the three trees and this area right here was encroachment of lawn under the SP or spaps Sal Pond area bird sanctuary land right here which is 228 square feet uh planted with Native shrubs as as a restoration I put them in at four feet on Center U it's through a lot of other planting so it's sure that that's never going to be disturbed that is uh it'll be maintained to make sure they they grow grow in all right but uh you know it's it's far from the lawn area uh so I think it'll it'll do just fine um and uh Alyssa wanted to see for the record the existing there are fairly old Stepping Stones along here and along here um those were the those were the comments from staff and um so we we we reacted to the comments and uh have this plan and I'll take any questions from you thanks Tom hey Chen uh yes Mr chairman I don't have any questions thank you John all right Alissa no comments thank you Bo this is just going too smoothly you can't have that gotta be something Tom you you made a statement that I I I'm not sure I heard right you said you put in too many trees yeah I com that's that's exactly what I said and Jen corrected me it's not unheard of but it's that's right no I don't know now it just shows that your staff is reasonable and only want to put in what what what will fit on the property oh boy all right I will say and I I Jan I sent you an email today you and Alyssa because I had a small typo on it so I just what I showed was a updated plan just with one number but uh I I heard earlier you um gave what Mark dib from cap and Islands trouble about the board of appeals uh and so in the email I said I talking to Norine about this and she had said it it was a uh question of whether that Wetland behind there was part of the ocean whether it's a part of the title water but anyway I said whether it is or not she will review it uh administratively okay approve administratively she I think she'll Chuck a hard time oh it's Chuck okay yeah I know he's one of them Chuck yeah all right thanks commission or comments Kevin uh no comments Mr chairman thank you Steve I talked to Alysa earlier today about this lack of comments and this friendliness with the Engineers if you could just get it on the first try but anyway oh boy let's see I also have no comments thanks Tom thanks Jamie thank you all Courtney my only comment is that you've done a nice lot job with a very very tight lot it is thank you yeah yeah all right Jen is there anything in the public chat function please not regarding this project Mr chairman okay well how about a motion to close the hearing and take it under advisement all right we have a motion in a second to close the hearing last call questions or comments all right we're voting to close the hearing Betsy Ry Courtney bir ey Matthew Z Kevin O'Brien I Steve Pat I it is unanimous we have closed this hearing thank you Mr bunker thank you all and to all a good night it's a little early for that de seasion I know but yeah you're working yeah getting in the spirit please that's right Co is coming no night Tom all right all right I think I have a fever coming on I think I have to leave never mind next up John and Lisa Alquist 43 NS way found with mask for permission to construct and license a new walkway and Pier construct a patio shed landing and stairs remove Hardscape and install plantings Jen yes Mr chairman I have promoted oh look at this Mark dibs back uh from cap Islands engineering to present this project and my are we bringing my back in for this one yes because this hasn't been open so she's on the Quorum okay More's back thank you Mr dib you're up Sir welcome back again good evening again for the record Mark dib with cap and Islands engineering uh with your permission I'll share my screen yes sir okay um this project we filed a notice of intent um for site improvements at the existing property and existing house at 43 nees way I think it's nees um go through the resource areas real quick that affect the property and then I'll go through the proposal um the existing house is situated uh kind of to the south of the end of nees way there's Great Pond to the southeast um there is a um strip of existing salt marsh in this area of the property to some Upland uh a Coastal Bank to an existing uh concrete wall that runs along the property and then up to an existing patio area um there is a uh femo velocity Zone as well as f with v Zone a Zone and B Zone on the property um The Proposal tonight is to um do some site improvements um that consist of um I'll kind of start on this side of the property uh number one is to remove a completely remove a portion of the existing concrete um if you got to visit the site it's it's a quite the the the existing structure that has been there um since it was built in the 70s um along the Waterfront side um so we this this hatched area here you know zoom in couple yeah there we go um is actually being removed um then the uh the remainder of that existing concrete will be um removed and replaced with a pervious uh patio including this uh I think it was an existing Koi pond or some kind of um structure here will be filled and replaced with p pervious uh patio there will be a new um set of stairs from the existing overhead deck in this area um as we walk around there's a significant uh um kind of retaining wall stair walkway structure that will be removed completely as well as this vertical wall uh that's kind of a landscape wall will be removed um there is a entire uh section of driveway that wraps around the house um that will also uh paved area will be removed um and replaced with again a pervious patio walkway and an actual ual patio um all that work um and the other thing is a proposed shed in this far corner of the property all that work does uh result in a a Hardscape reduction in the a zone of about 285 square feet and in the B Zone about another 127 square feet um so that's actual reduction in Hardscape uh that doesn't include the conversion of nearly 16 100 square feet of of solid concrete and pavement um to the the pervious um pav type um patio so that would be a significant um Improvement on drainage and runoff uh for the property um the other component of the uh project is an invasive management and restoration project um there was a narrative submitted by um ECR that outlined uh the efforts for invasives management and restoration uh this yellow area on the plan and um one uh well that was submitted uh one I want to backtrack a little bit um the initial submitt also had um the a proposed reconstruction of a dock um that has been removed from from this project and um a separate filing may be made for the Reconstruction of that doc so um those notes and things have been removed uh we are showing some existing uh infrastructure that uh has been historically on site for docs but um that's only only what's existing is is shown um we did receive a a number of Staff comments um we working on addressing those um a couple things I would like to kind of have an initial discussion on um with staff uh one in particular is they pointed out an existing boat storage area um there's a an old uh pile resting on the ground and there's some trees I think the area in between there has been used for boat storage uh I reviewed some Aerials it seems like that it's been happening almost forever you know since the 70s or so um and I think I want to revise uh you know I I don't think we want to uh rate this area between these trees and this thing um I think the community uses that area we respectfully like to keep using it I think that way um as the this this is a shared boat launch and has been uh as far as I it it looked like there was boats there is in the n in the 1974 Aerials um so I that is a change I've uh recently made um I think the main thing uh regarding staff comments is uh coordination of the ECR plan um number one with this with the any latest revisions I have made as well as you know for instance removing the dock off that plan um and there was some comments regarding plant spacing and trees and some um so I I do think we need some a little bit further work with the ECR plan and coordinating the invasives and restoration um but again that that is um the project in my opinion is not triggering mitigation so it's a it's it's more of a restoration invasive management plan that we can continue to work through but um I would like to take any further comments from the commission and staff and uh we'll go from there thank you thanks Mark Chen uh no Mr chairman we just really need to see that updated um ECR plan so I'll hold any comments until we get that Revis plan okay alosa um just two comments uh mark thank you for sending over those notes before um and to confirm you did say that the fencing will be installed for the remainder of the deck work okay yes um my outstanding concern with the storage of the boats is this I know it's been historic so the commission can um choose how they like to proceed it is a velocity Zone um if they still allow them to remain I'm wondering if that can be delineated somehow maybe with some other railroad ties or something we can really put fencing in the vzone um but just to keep those vessels from running over those new plants when they're installed um and then I believe you also said in your notes earlier that the dark green coloration on the plan um was just existing native vegetation that's going to stay and remain untouched okay because the depiction changed from the first plan to the revised plan the first plan showed the green going around all the sides of the proposed shed and now it's pulled back from the shed um so did we lose vegetation or was it just incorrectly depicted the first time um I when that comment came around um I felt it was necessary to just the intent was to provide like about a 4 foot strip around the shed um just to keep vegetation off the shed so it did change for that reason uh just for again a a management just strip around the shed okay um what I would say is it is natural buffer um within the 100 ft to the bank so I know it's in the zone B of the bank but the commission still may want to see that square footage um restored or preserved where it is you can chat with them about that and that might be better once we get the ECR plan um but just a note thank you okay all right commissioner comments Mark is this only fed by um cesspools uh correct this is however in an area that's going to be sewered relatively soon so I think the the applicant has uh worked with the health department that to remain uh on those until the connection is available my understanding okay and okay and and the the pier is a is a replacement of existing uh Mr chairman we can talk about that that's why we had them remove the Pier from the plan it's it's a little bit more complicated than that so the pier project is not part of this plan okay and it's still in the all right all right Mory um I think uh Alyssa's comment on some kind of delineation if that's historically been used for boats just to to keep it from people crossing over and trampling maybe even a little signage or something um and I'm glad to see the docks off it's going to get more discussion thank you all right Betsy I'm sorry Steve skip Steve all right Mr chairman because I'm not sure how to comment on this yeah so I won't thank you well raise your hand if you think of something okay yeah I have no comments either okay Courtney no comments Kevin no comments Mr chairman all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman don't we need a continuance yeah we're going to need a continuance Mark I'm assuming you're GNA want the 11th um yeah if you're full on the fourth um we'll go to the 11th which I I think we can accommodate either one if you're not uh yeah I looked at earlier we are kind of slammed on the fourth so you're the 11th sorry so at the request of the applicant um I'll make a motion to continue this till December 11th so second so is the doc and Pier going to be a separate in way yes yes correct thank you I didn't see that note so that's why I asked all right Motion in a second to continue this until December 11th any other questions or comments all right we're voting on the continuance Betsy I Courtney I Matthew Z Kevin O'Brien hi my Carell hawky Steve p i it is unanimous we've continued this until December 11th thank you Mr dib thank you have a good night a good night Mark all right next up continued hearing under an enforcement order Joshua O'Brien and Melissa Mayo O'Brien 22 dear Pawn Road he's found with mass unpermitted installation of a dock construction of a shed and Patio and Associated clearing Jen yes Mr chairman I have promoted Joshua obrian up to address the board and with that I believe Alyssa will take it from here all right Alissa thank you um yes so this is an enforcement hearing for 22 deer Pond Road and as we've determined throughout this process the adjacent parcel at zero deer Pond Road um staff became aware of a unpermitted shed out there back in the beginning of the year and we've been working steadily with the zoning department uh Mr O'Brien and meril Engineering to clarify um what activities have gone on on the property um so did send over the staff report and the um plan today and I can share the plan here if that's helpful um the main takeaways are that we did discover an unpermitted dock but Mr O'Brien has already removed that from the property and will um address um applying for it at another time if they would like to pursue that um the second factor is an unpermitted patio um and Associated walkway on the the property the patio is moving closer um as we determined on the maral engineering plan by about 6 feet um so our recommendation would be to uh remove that six feet any of that portion that's moving closer um and he could mitigate for the remainder including the walkway around um it's a pretty steep slope and as mran said it gets kind of Muddy out there so the papers are really helpful when navigating around the property and we see walkways to the water a lot so we don't have a concern with that as long as it can be mitigated for on the property um that's one of the potential concerns is um considering he owns both properties we would need to require mitigation for activity on 22 deer pond so mitigation also lands on 22 deer Pond you know we can't mitigate on the alternate property um so we just need to make sure that there's enough room to mitigate at three times the rate if Mr O'Brien would like to keep what he can of the patio and walkway um the third feature is an unpermitted shed on the adjacent parcel um it is pretty close to the water we are not quite sure if it meets zoning set packs if they could acquire a special permit for it um it does appear that some land was cleared to construct the shed and I've provided some Aerials for that it's it's little hard to tell exactly based on Aerials so um up to the commission to sort of make a judgment essentially if the land was cleared being a Zone a it would need to be restored and then we would not have room to mitigate for it um it's kind of an odd situation that it's on a small parcel that doesn't have a house or anything on it you know I believe Mr Brian said back in the day it actually was deed um beach rats to some of the the residents over there so it has a unique history of some kind of use in the neighborhood um the other feature as you can see through some of the staff report photos are just some disturbance to the beach um to the bank area excuse me a little bit of stone was added it looks like um but that we can address further and see if any restoration is needed um so three kind of key features here the dock which will be taking care of at a later date the patio and the shed um so Mr O'Brien is here to um field any questions and perhaps make a statement to the board we'd recommend continuing this hearing so you guys can go out there and take a look at it and um I can help answer any questions excellent thanks Alyssa Mr O'Brien you're up sir thank you can you hear me yeah all right been on Zoom since Co times so I'm just making sure do I need to yell or anything or all right well uh yeah my name is Josh O'Brien and I'm sorry to be on your agenda this time of night especially um I appreciate working with Jennifer and Alyssa I guess I'd just like to continue working with them to uh figure out what I need to do to come into compliance and get permitted for the things they noted on the staff report all right okay all right so go ahead no I was just gonna say Mr O'Brien as you heard Alyssa say um working with us we're going to need you to um the board's going to go out there they're going to take a look at the property um so expect some some visitors um we'll continue this matter until December 11th um and then at that time the board will decide if they want that patio removed the shed removed and then we'll need to work with um your engineer at meral to determine you know to make sure you have enough room um to mitigate for what can remain which would be the patio that's not moving closer to the walkway and potentially the shed if the board allows it to remain okay okay all right yeah and I I guess we all brought up the prospect of join in the two properties is that in the cards at all to uh help out with all the mitigation and and everything or no that would have to be officially done through the planning board um I don't know how that's done um so we could put you in town I would ask that you contact the town planner and ask him how you merg the two properties we wouldn't be able to put the mitigation on until they were officially merged okay okay yeah it might be helpful to look into that you may need that room all right okay yes man all right you have any questions for us not this time see on the property all right commissioner comments or questions anybody have anything no thank you all right so we'll be looking at a continuance so that Commissioners can view the property um so Jen you said the uh December 11th yes we can't accommodate anything else on the 4th Mr chairman I'll make a motion to continue this hearing till December 11th word second all right so we have a motion in a second to continue this until December 11th last call questions or comments from the commission all right we're voting on the continuance Betsy BL filter Courtney bird I Matthews I Kevin O'Brien I my car hawky Steve m i all right it is unanimous we have continued this matter until December 11th thank you Mr O'Brien for participating thank you and working with staff thank you all right next up vote amended order of conditions kfn Hillside nominee trust 24 Willis Lane f with mass and Alysa you'll have to tell me who's on this Quorum yes so I have Courtney Kevin Steve and Mory we have four okay does that sound right to those people yes okay thank all right okay this was the amended um request for an order of conditions for slight modifications some of them after the fact modifications to the property at 24 Willis um they did submit a revised plan showing the uh vegetation um not within 10 ft of the structure so that was good and then my big issue was the walkway which they did kind of curve so it wasn't this straight shot through the Dune um and then we just worked with them on getting the right amount of mitigation and making sure that all the numbers worked out and it did finally in the end all right that is one busy plan yeah Al anything uh nothing to add they addressed all of our points so I think we're good to go all right anybody have anything they want to add take away no see all right I make a motion to close the hearing take it under advisement harlo H second no you want to issue an order condition yeah you I haven't been here for a while bets yes I want issue in order of conditions has discussed bird second all right you have a motion and a second issue in order of conditions as extensively discussed last call anything you want in there all right you are voting Courtney bird ey Kevin O'Brien I my H hawky Steve m i it is is unanimous with your Quorum you have issued an order of conditions and don't get too excited just yet so just a reminder of a couple of points we don't have a a regular weekly meeting for the next two weeks because we have town meeting and Thanksgiving I think yes but next Thursday we have our regulatory meeting as I'm referring to it um which is the 21st at 3:30 in the afternoon hopefully you can all be there for ongoing discussion of regulations we also need to do some voting on everything that has been closed tonight so we can uh coordinate a separate meeting can we do it the same we do it at the same timeat yes so so we can do we can do the reg so Kevin you have a regulatory meeting next Thursday 3:30 to 5:30 after the regulatory meeting we will vote the seven um the seven projects you close tonight so um to point out the obvious to the staff that has to be on the agenda yes or would that have to be a separate agenda no it can be the same agenda Jen what hang on one second Kevin um we'll make sure it's done properly Mr chairman okay I didn't want to put it that way because then I'd look bad so yeah and a point of order that meeting will be in person rather than by Zoom that will be an in person meeting down in the they call it the Civil def no that's we defense room so hopefully you can all be there did you have a question Kevin yeah this is next the 21st at 3:30 3:30 Jen send us a reminder thank you so I don't forget again we missed you Steve it's in person Steve I understand that's why he about it coffee and cider and donuts what yes lots to look forward [Music] to yeah who's volunteering for that this time all right we have one more motion who wants it make a motion to adjourn H Hawks bird second glad filter ey bird ey Matthews ey Ryan i al hawky that I it is unanimous we have a journ [Music]