heat heat good evening and welcome to the April 23rd meeting of the Falmouth 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 we're missing one commissioner tonight however we have a quorum we're moving forward just as a
reminder I'll call on each of you for commenting so we don't need to trip over each other and that all votes need to be 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 you may enter any comments or questions via the chat function at the appropriate time it will be read into the record if as an attendee you'd like to participate in a particular hearing let us know via the
chat function 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 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 Falmouth 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 and for the benefit of anyone waiting tonight for a particular hearing and so that you're not waiting
unnecessarily the following hearing is expected to be continued number zero Brockton Street all right that brings us up to vote minutes March 26 2025
anyone i review the minutes and I'd move approval as written pending any comments this evening patton second all right we have a motion and a second to accept the minutes as submitted for 326 questions comments additions
deletions we're voting Betsy Blackfelder i Courtney third eye matthew's eye ron Driscoll I Russ robin's eye steve and I it is unanimous we have accepted the
minutes of March 26 next up is to vote minutes of April 2nd 2025 anyone i'll make a motion to accept the minutes of April 2nd subject to any changes that people might make at this point so a second
all right we have a motion and a second to accept the minutes of April 2nd as submitted questions comments whatever I said before all right we're voting betsy I Courtney Bird I matthew's eye
ron Priscal I Russ Robin's eye steve abstain all right all right we still have five to accept the minutes we have accepted the minutes thank you Preston next up our request for a
continuence or determinate for an RDA daniel Hickey 368 Edgewater Drive West Dom for permission to pump dry fill and abandon or remove a failed cesspool and to install a new title 5 sewage disposal
system uh Alyssa yes the applicant has requested a continuence until April 30th so move second right we have a motion and a second to continue this until April 30 questions or comments we're voting on
the continuence betsy Felter I courtney I matthews i Ron Pascal russy steve I it is unanimous we have continued this until April
30th next up is a request for continuance under a notice of intent john R callahan Trustee Ardmore by the Sea Nominee Trust Z Brockton Street map and parcel ID is 46A-07-0000-042 Balmouth Mass for
permission to remove a shed and to construct a single family dwelling yes uh the Yes Mr chairman the applicant is requesting a continuence until May 21st so move second all right we have a motion and a second
to continue this till May 21st questions or comments we're voting on the continuence betsy Blood Felter i Courtney third eye matthews I Ron Driscoll I Russ robins I steve I it is
unanimous we have continued this to 521 next up our request for determination of applicability richard and Kelly Kaye Sely trustee Sely Realy Trust 39 Old Homestead Road Falmouth Mass for
permission to reconstruct an existing deck and rent station and to conduct minor invasive species management alyssa staff recommends a negative three under the state and a negative two under the bylaw resource area boundaries are not confirmed
so move second we have a motion and a second to accept staff's recommendation questions or comments we're voting betsy Walter I courtney
Bird I matthews I ron Chris I russ russ give me a thumbs up or Robert all right don't be shy Steve ben it is unanimous we have accepted staff's
recommendation next one has been previously continued brings us to William and Carol Andrewless 292 Road Famouth Mass for permission to construct an addition install gutters downspouts
and dry wells and conduct associated grading and landscaping alo 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 so move second
all right we have a motion and a second to accept staff's recommendation questions or comments we're voting betsy I courtney I matthews I Ron Driscoll I Russ Robin's eye steve and none it is
unanimous we have accepted staff's recommendation next up Michael Mcoo 5 Indiana Avenue Fallass for permission to raise RAZ and rebuild a single family dwelling
and to install a new title 5 sewage disposal system melissa staff recommends a negative two under the state and bylaw resource area boundaries are not confirmed in this project solely takes place in an AE flood zone words so move
second all right we have a motion and a second to accept staff's recommendation questions or comments we're voting betsy I Courtney I Matthews I Ron I Russ
robin's eye steve and I unanimous we have accepted staff's recommendation next up W everett Swift Family Corp across from 50 Old Dock Road Palmouth Mass for permission to relic an
existing dock alyssa staff recommends a negative three under the state and a negative two under the bylaw resource area boundaries are not confirmed so move second we have a motion and a second to accept staff's recommendation questions or comments
we're voting Betsy Rholder I courtney Herd I matthews I Ron Prescol I Russ Robins I Steve I is unanimous we have accepted staff's recommendation next up Clancy
Construction 14 Ocean Avenue Fouth Mass for permission to construct an addition reconfigure decks and covered porches and modify existing landscape so 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 so move second we have a motion and a second to accept staff's recommendation questions or comments we're voting betsy
I courtney Bird I matthew's eye ron Easy russ robin's eye steve I it is unanimous we have accepted staff's recommendation next up are continued requests for determination of
applicability first up Patrick Burke 158 Church Street Palmouth of Mass for permission to reinstall mitigation plantings in accordance with mass DP number 25-451 alissa the applicant has requested a
continuance until May 14th birds so move fiscal second the reason uh they're finishing up the plan okay all right we're voting on the continuence to 514 betsy
Blfelder i Courtney I Matthews I Ron I Russ Steve Ben it is unanimous we have continued this until May
14 next up Cindy Coats trustee 187 Penzance Road Trust 187 Penzance Road for permission to construct two dormers melissa staff recommends a negative three under the state and a negative -2 under the bylaw
resource boundaries are not confirmed heard so move discll second all right and you have a note in the staff report about um you won't sign off on the building permit correct so the last order of conditions that was approved by the board required that um
outstanding planting requirements were taken care of prior to any building permit signoffs in regards to the boat house and the workshop uh these dormers have to do with the workshop so we were going to uphold that special condition okay appreciate that
all right we have a motion and a second to accept staff's recommendation we're voting betsy Roelter i Courtney I Matthews I Ron Escal I Russ Robins I Steve
it is unanimous we have accepted staff's recommendation next up Clifford Gaunis 37 Toby Lane found with Mass for permission to reconstruct an existing deck melissa staff recommends a
negative three under the state and a negative two under the bylaw resource area boundaries are not confirmed heard so move there's no second we have a motion and a second to accept staff's recommendation questions or comments all right we're voting betsy
I Courtney bird eye matthew's eye ron Biscali russ Robin's eye steve Matt and I it is unanimous we have accepted staff's recommendation mr chair as I'm the
applicant on the next one I'll recuse myself thank you next up Courtney Bird 43 Road Fmouth Mass for permission to replace an existing timber retaining wall with a concrete block modular wall alissa staff
recommends a negative three under the state and a negative two under the bylaw resource area boundaries are not confirmed so move Patton second all right i there's several things on this so shouldn't this be an
NOI report on on methodology i'd like a 50-page report on why it's necessary and are there any structural plans with this not a one survey is it moving closer to the resource we have We have a survey we
have the survey all right i think we could we should continue it for about six months and dwell on it all right we have a motion and a second to accept staff's recommendation we have one recusal with who is the applicant so any questions or comments all right we're
voting betsy Bladfield I Matthews I Ron Escal Russ Robins I Steve I It is unanimous 51 recusal we have accepted staff's recommendation next up Joshua Carhans
307 Shwood Drive found with mass for permission to reconstruct an existing deck alissa staff recommends a negative three under the state and a negative -2 under the bylaw resource area boundaries are not confirmed so move fiscal second
we have a motion and a second to accept staff's recommendation questions or comments we're voting betsy Rodfelter I courtourtney I matthews I ron Priscal I russ robin's eye steve I
it is unanimous we have accepted staff's recommendation that's all the RDAs thank you to the staff for their efforts next up are requests for a hearing under notice of intent all hearings of the Fmouth Conservation Commission are held
simultaneously under the authorities of the Massachusetts Wetlands Protection Act and the Fmouth 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 encourage you to stay within the purview of this board which are the rules and regulations of the Wetlands Protection Act and the Falmouth 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 Elizabeth Catz 190 Associates Road Realy Trust 190 Associates Road Palmouth Mass for permission to conduct
invasive species removal and restoration jen yes Mr chairman I have promoted Duke Bisca up from Wilkinson Ecological Design uh to present his project welcome to the Falmouth Conservation Commission
Duke thank you so much Jen um good evening commissioners uh for the record my name is Duke Bitskco from Ecological Wilkinson Ecological Design and I'm representing the homeowners of 190 Associates their names are Liz and Robert Catz um we submitted a notice of
intent for the ecological restoration of a native shrub wetland community which includes invasive species removal shrub and ground cover plantings and establishment of a native wet meadow seed mix the goal of this voluntary restoration plan is to restore the
native plant community resulting in the increased biodiversity of flora and fauna and improved wildlife habitat the total area that uh we plan to restore is approximately 18,500 square feet or half
an acre do do you have a plan that you can share with us i do um actually put together a slight um can you tell me how to um share that okay so if you go down to the bottom you're going to see a green thing that says share
so if you take your go all the way down to the bottom of your screen you should see the audio the video the participants right and see share click on share it's under more okay there we go oh okay
and then click the screen that has Yep can you see that perfect yes we can see that now thank you Duke great this is a slide presentation i got it down to about an hour if that's okay um actually it's I can go through this
very quickly um uh this is a slide of the property diagram it's really an aerial photograph showing um north is facing up um uh the 190 is shown to the right hand side with Associates Road to the east um
to the west is a is a natural pond uh beyond that to the west is uh the ocean um and then you can see the property line um that's in a dash dash um larger dash line just move
down okay um for those of you who weren't able to get out to the site um this is just a panoramic photograph taken last week from the homeowner's deck um in the foreground you can see um
a fence i believe it's about 4t tall and mitigation plantings these were from a previous NOI for a mitigation plan um these are typically um shrubs that were planted um just behind the fence line um and then what you see in the majority of
the photograph are invasive shrubs and vines um located close to the house uh it's hard to see in this photograph but um there's on top of the canopy of the existing shrubs both native shrubs and invasive shrubs you'll find a whole
canopy of grape vine and other aggressive or non-native vines if you guys have any questions just feel free to interrupt me um this is a diagram we put together to identify and just show you the resource areas um
fairly uh quickly before we get into the design um starting at the pond to the west or to the left um you can see the salt marsh which is identified in a solid green line can you see my pointer is that helpful yes yes okay so here's
the green line for the salt marsh and there's the associated uh salt marsh zone A which is in a lighter dash green line over here and then moving towards the house we have the bordering vegetated wetland BVW um shown in the
solid blue and then the associated um buffer zones associated with those zone A and B 50 and 100 ft off in the dash blue lines and then this red dash line you can see the zone AE and the zone VE
and then finally we have the coastal bank which is really close to the house and this is identified in the orange line with the zone A and B and a lighter orange line offset from that okay all right
this got this diagram is taken uh directly from the land management plan and it identifies three distinct zones within the property of various densities of the state listed invasive species um this area here the light green yellow is
uh invasive species with a density of 0 to 5% this orange area is represents 25 to 30% invasive species and um the red which is closest to the house which we
saw in the picture are invasive species that are of the highest density 50 to 60% and just you can judge from the photograph it was fairly um diff difficult to go out and uh actually draw these lines in the field
because the the densities of the plants were so thick um but this is this is the best effort that we came up with to identify these so that we can come up with a really good restoration plant um our our proposal to restore all three of these areas um which total uh
almost a half an acre um with a combination of invasive removal restoration seeding and native shrub and ground cover plantings this is just a simple diagram and I apologize this is not in your packet but I just thought I' I'd show
this because this represents this green areas um the old uh area that we just looked at that was in red that represents the 50 to 60% invasive species so this is the one we're going to heavily plant uh with shrubs and ground cover plantings native Forbes
wild flowers and grasses um so for this this actually represents 6,000 square ft out of the total 18,500 square ft um what we did to figure out what we wanted to do for the proposed planting was if
it's 50% invasive uh density we would uh take out those 50% and we're left with 50% um which is approximately 3,000 square ft and then we used a a shrub density of 7 ft off center um we we
based this kind of restoration strategy on a couple different things um one was we went to the areas um that had much less invasive species that were considered a healthy uh shrub wetland which were down here um actually within
the BVW and we found these spacings to be anywhere from 7 to 8 ft we also looked at um the NHSP fact sheets uh for native plant communities for the shrub wetlands and we um saw that for a native
shrub swamp um they identify a shrub density a healthy shrub density of anywhere from 25 to 70% cover with 25% orbaceous ground cover so our thought process was if we get rid of 50% we have 50% shrubs remaining we add the density
as seven feet and we're close to that 75% um we do know that you know one of the comments the staff comments which we appreciate had to do with the density and um actually asking to increase the shrub density and I guess when we get to the com the uh the finish section we we
can talk about that and we're happy to to talk about it after um talking to the actual homeowners today um and the last slide is our actual restoration plan which also comes from the um let me see
if I can so you can see the the plantings in that zone the green zone that we showed here these just shows the shrubs it doesn't show the ground covers and then it shows every every other area in green this is the area we're doing the basive species removal and the
native um wet meadow seating and then as associated with the land management plan we gave a plant schedule for the native shrubs we gave a plant schedule for the native forbes and wild flowers and then we gave you a combined kind of wet
meadow seed mix which is um very much based both the shrubs and the forbes and the seed mix are based on the healthy um plants that are out there now um the only other thing I'll say if you don't have any questions up to this point
is relative to schedule um once we uh receive a uh order of conditions uh what we'd like to do is propose to start the work not until late summer early fall and that work will continue for three full growing seasons so that starts next
year is one full growing season the following year which is 2007 2027 is the second and then 2028 is the third growing season um during year one our the invasive species will be removed any bare soil will be seated we don't
typically do plantings uh in the first year because we want to really control the invasives while we're out there for a full year year two is when we'll start to get in there and we'll do all the shrub plantings and the native ground cover plantings um we'll install a temporary irrigation system to se to
supplement any uh period of drought if there is no drought and we get plenty of rainfall um which is hit or miss especially over the last couple years um we won't turn the irrigation system on we won't waste any water on that um we'll just use the natural uh rainfall for that um and then the only other
thing I'll mention is the second staff note uh was in relationship to adding a mo strip along the I believe it was all along the north and south property line um do I have that correct Alyssa was that here
and here yes in the areas of the invasive removal okay so um just a couple comments we thought about this at the office um right now there's no there's no fencing
along the property lines um it's not arbitrary um you know it's it's there's a boundary but there's no actual physical bounds out there there's no fence to kind of delineate that um so if we did do that we would have to um provide some sort of bounds in there so
that it could be mowed and delineated um over time especially over the long term after 3 years um the other thing we were thinking was um those areas are in the buffer zones for the BVW and they typically have even
though they're listed as um areas to control invasives they actually have um a lot of native shrubs healthy shrubs and ground cover along the property line and I wouldn't want I guess we wouldn't we wouldn't necessarily propose for this
project uh a mo a mo strip just because we potentially could be cutting down or eliminating some of those native plants um but that was just our thought process at the office and of course we'd love to get your feedback on that and that's the end of the the
presentation and please ask any questions thanks Duke you can stop sharing for the moment so just so you know Duke the way we typically do it is we allow the someone like yourself to do your presentation we try not to have anybody interrupt then
we'll ask you to stop sharing and then we hand it over to staff first and then commissioner for comments and questions just don't be annoyed if we ask you to share this plan again okay we've been known to do that once or twice no worries all right Jen
uh yes Mr chairman thank you Duke um uh we've worked with Wilkinson for a while so we understand kind of how you approach these projects but the board does like to see slightly more density 7 to 8 ft is a
is a little much for for this commission so if you could tighten that up a bit and add a few more shrubs that would be um that would be great we just offered the idea of the most strip in order to help um maintain these new plantings
that you're doing so the neighbors invasives don't you know um make your job that much more difficult um but if that's something that you don't want to undertake it's not a requirement we were just merely making a suggestion
understood thank you um and and the I was just going to say the homeowner is more than willing to um increase the density we talked about I think we had a total of just for shrubs a total of 69 shrubs and um we talked about in uh uh
reducing the spacing and increasing the amount of shrubs to from 69 to 85 if that's acceptable and number two uh one of the things that I've talked to the people now I'm relatively new with Wilkinson um I've been on a commission conservation commission for 25 straight
years now um so I know what it's like to sit on the other side of the table so we would like to you know you know at least propose that increased um shrub density and the other thing is I just mentioned is I think Wilkinson is more comfortable using slightly larger shrubs um these
are not bald and burlap shrubs but they are number three containers that are being proposed and I just didn't know if if you weren't aware of that i just wanted to make you aware of that so thank you carolina Rose is listed on your plan as a number one container everything else is listed as a number
three but the Carolina Rose is listed as a number one huh is that correct it's correct in the drawing um I I I can't I can't really um respond to that
because um I don't know if we can get that rose in a number three or even a number two they t they typically come in a smaller size um that's fine i just wanted to to to make you aware that's what your plan said i'm assum I'm
assuming that's why um I like I said I've been I've been I'm a landscape architect and I've been in this business for a long time and nurseries sometimes they just don't it doesn't make sense for them to grow like the roses um you know to that size um because they only get so tall to begin with nope that's
fine and we appreciate you talking to your clients about um the density change and appreciate that effort thank you that's all chairman thank you Alyssa no questions thank you all right commissioner comments and questions
betsy uh no questions and my comment was that was a nice clean clear presentation thank you thank you and thank you for not going for an hour yeah Courtney i agree with Betsy no
further comments yep nice presentation short and sweet gets to the point ron I'm all set Mr chairman no questions all right Russ I'm good Mr chairman steve
all set thank you all right Jen is there anything in the public chat function please nothing in the public chat for this project Mr chairman then I'll make a motion one second Betsy do we'll what we'll do is we'll just condition the
order of conditions when they issue it for that revised plan for that plant density thank you and we'll we'll resubmit it um probably in the next week if that's okay perfect thank you okay make a motion to close the hearing and take it under advisement
robins Steve did I see your hand up yes thank you uh we have another um uh request to amend the order of conditions on this property for next week and uh I
I assume they're unrelated is that correct i I get a not Okay yes okay thank you all right we have a motion and a second to close the hearing last call questions or
comments all right we're voting to close the hearing betsy Gladfelder I Courtney bird eye matthews I Ron Biscal I Russ Robin's eye
steve Ben it is unanimous we have closed this hearing thank you Duke thank you Duke hey thank you so much have a good night commissioners and Jan and Alyssa thank you thank you thank you
25 years wow that Betsy and Courtney competition yeah all right next up Anthony did I say this right rocky roie 225 Lakeshore Drive with Mass for after
the fact permission to construct a rock wall and for permission to install restoration plantings jen yes Mr chairman I am promoting Kasha from Capen Islands Engineering to present the project
hi good evening can everyone hear me yes we can kasha thank you great hi good evening everyone uh my name is Kasha CS uh pering specialist and wetland scientist for Capeen Islands Engineering representing the homeowner um Anthony Roki apologies also for that pronunciation uh for the proposed
restoration project at 225 Lakeshore Drive uh my colleague Jake is also on the call to help answer any questions um and if you'd like I can share my screen all right and so we've uh filed a notice of intent application for the after the
fact approval for the installation of a stone wall removal of a PA walkway as well as the installation of restoration plantings uh within the 100 foot buffer zone to resource areas um an enforcement order was issued on April 6th of 2023 uh
for these unpermitted activities including clearing within the buffer zone and uh we've worked with the commission to develop an um an appropriate restoration plan uh the property is a residential lot containing a single family home with frontage to
Jenkins Pond a great pond um surrounding resource areas include inland bank uh land underwater bodies um land subject to coastal flooding and the 100 foot buffer zone um the fall the house falls right outside of the Falmouth 75 ft
buffer zone A and partially within the 75 to 100 foot buffer zone B um approximately 736 square feet of native vegetation was cleared within the 75 foot buffer zone A
in addition to the construction of a rock wall and a uh 125 square ft PA walkway leading from the back deck to the lake um since the enforcement order the 125 foot PA walkway has been removed
and um approximately uh 615 square feet of restoration plantings are proposed um within the previously cleared area um totaling um slightly more than uh the total cleared area um proposed
restoration plantings include uh sweet pepper bush huckleberry low bush blueberry as well as high bush blueberry um and staff comments were received on April 22nd um and as requested a total of 41 plants will be installed at 4T
apart within the area in question um we can omit the low bush blueberry uh if the client is not in favor of installing a fence um if the commission has any other plant species to recommend we can gladly take those into consideration
um the huckleberry does intend to be planted as individual shrubs uh and not in sod as suggested in the comments and to address the comment on grading uh we can certainly add spot grades to the
planting area um on the plan um should the commission request it um but no major grade changes are anticipated with this project um the area is currently disturbed um some areas uh some material is expected to be brought in to improve
the soil conditions but um any regrading is not uh related to changes in elevation um so with that uh I will open it up to any questions excellent thank you Kasha you can stop
sharing please thank you Jen yes hi Kasha um the the the comment about the fence have you talked to the client about blueberry with a little
fence and when we say fence we just mean those single rail they're maybe a foot maybe a foot and a half at most off the ground um if your client doesn't want to install that we can absolutely work with Capen Islands to to choose another shrub
so that's fine um good to hear that this the huckleberries planted as individual shrubs it it can be hard to locate sometimes so if you have trouble locating it and you need to to modify that just let us know and we'll work
with you on that one and um I think the regrading we just want to make sure like we know what the grades are out there so um if we could have you just go out and grab a couple of spot grades that'd be great sure other than that no additional uh questions or comments beyond that Mr
chairman thank you all right Alyssa no questions thank you all right commissioner comments and questions courtney no questions all right Jen at some point we maybe just throw a reminder out there that the
the the fence is is just a single rail short it's really just a mower preventative right so correct it's not very tall and honestly once the shrubs grow up sometimes you don't even see it
but if they really feel strongly about it Kasha just let us know and we'll work with you on another plant species sure you just don't want the little blueberries to get mowed understood okay Ron well I'm all set other than the
comment it looks like it's a pretty tough area to grow those plants behind the house and on the on the level above the lake looks like it's pretty active good luck russ I'm good Mr chair steve no additional questions thank you all right
Betsy nor do I have questions thank you 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 third
second all right we have a motion and a second to close the hearing last caller questions or comments we're voting to close the hearing betsy Blackfelder I courtney I matthews I ron Driscoll i Russ Robin's
eye steve and I it is unanimous we have closed this hearing thank you Kaza thank you commissioners have a good night all right next up continued requests for hearing under notice of intent first up Nordo Nessie
III and Jane Nessie 117 Little Neck Bars Road Mass for permission to reconstruct a garage install a pool with patios construct a deck and rent station and install mitigation plantings jen yes Mr
chairman give me one second i accidentally booted Steve out i need to bring Tim in and I need to move Kasha back sorry about that Steve and for the record this has not been o previously open okay now we grabbed
him sorry about that steve sometimes all my little names jump around and I go to grab somebody and it switches and then I boot the wrong person out well I shouldn't be grabbing people i'm down at the end i'm the last one it's hard to get me
good evening hello Mr santos you're up sir oh good evening for the record Tim Santos from Merill Engineers representing the applicant uh first I'd like to thank staff for working with me on this project because we've had a few continuences to get to this point but um
I'm hoping we're good to go tonight so the project is located at 117 Little Neck Bars Road and with your permission I will share my screen yes sir i almost forgot about that one so the resource areas on or within
100 feet of the property are fresh pond to the west of the property there's a salt marsh to the rear bordering vegetative wetland coastal bank we have a few isolated wetlands on the eastern side and the entire property is located
in land subject to coastal storm flowage property is currently developed with an existing single family home and a detached garage uh gravel driveway lawn and landscaped areas we are here tonight looking for your approval to demolish the existing
garage and construct a new garage that is further away from the wetland uh we're also proposing addition on the western side of the house and renovations to the existing home as well as a pool and some hardscape as shown on the plan um all of this new development
uh shows an increase of 462 sorry 61 square feet at a 2:1 ratio means 922 ft of mitigation plantings and we're proposing 925 in this area right
here uh project's also located in DCPC so I provided some DCPC calcs on the plan as well and we are required to plant 1,17 square feet and we're proposing 1,120 square ft these DCPC
plantings are located here um roof runoff will go to dry wells as shown in the plan and I believe that covers it we've addressed all of staff's concerns from the previous staff report and we I believe we have a clean staff report at
this time so I'm hoping we can close the hearing tonight and if the board has any questions I'd be more than happy to address them thanks Tim jen yes Mr chairman i have no questions we've been working with Tim on this for
a little bit now so thank you Tim thank you excellent alyssa no questions thank you uh Tim you're two for two i don't know here we go all right commissioner comments and questions ron we're gonna
start with you good i'm all set that's beautiful plan um and I know you've done a lot of work on it that's a beautiful lot and uh hope it all works out that's all thank you all right cross i'm good Mr chairman all right Steve
thank you it looks like we're all set all right let's see it looks good no questions thanks Courtney good project nicely presented thank you
good effort all around thank you everyone concerned 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 just a second
wow all right we have a motion and a second to close the hearing last call questions or comments we're voting betsy Blackf courtney third i matthew's eye ron Escal i Russ Robin's
eye steve batt i unanimous we have closed this hearing thank you Tim thank you have a great weekend hope everybody enjoyed this beautiful day today too take care was nice good night Tim good
night night Tim all right the next one had been previously continued brings us to Honor Fullerton Stone 44 Kerry Lane found Mass for permission to conduct invasive species removal and restoration and to
maintain a vista corridor jim yes Mr chairman I am promoting Nick Crawford from Crawford Land Management they are presenting the project nick you're doing this one it's
me okay perfect um good evening everyone um representing for 44 Kerry Lane Nick Crawford from Crawford Land Management um we basically have three things going
on here inside the buffer zones um the first is to maintain an existing view corridor um through both invasive species management and some selective management of native species
can we see your plan please uh yes thank you give me one second hold on share um I think I'm doing it right is that big enough does that work
yes thank you you can zoom in on it be great i'm zooming hang on one sec i can't tell if I'm in oh there we go can you see my cursor yeah yeah yes um all right so the the main
consideration here that we're looking to achieve is to maintain this existing view um which is basically from the center of the house and the paper patio um towards Buzzard's
Bay um the two other uh purposes of the project are to um do some invasive species management and replanting within this area here and this area down here um this
area down here is kind of dominated by some overstory native trees some uh black cherry but there's a lot of bittersweet in this area um we've been before you previously to
um manage a little bit of this vegetation in the past since it had overgrown into the driveway area here um and then same with this area up here we had been before you previously to kind
of reestablish this edge of existing vegetation um because the house had just kind of Um it it it had grown in for a long time and uh there were cedar trees you know 3
4 feet away from the house here um so what we're looking to do here is manage the invasives which is mostly vine honeysuckle in this particular area and replant with native shrubs
um as far as uh maintaining this existing view window um it does include the removal of several um smaller native trees as a preemptive strike um to keep them out of the view in the
future um they're not very big at this time but uh over time they would impede the view um they're looking to enhance some of the landscape
plantings tight up around the house that are mostly in manicured area or that are all within manicured areas um around the existing PA patio uh existing deck and existing house um we did show some work outside
of the buffer zone um just for cohesiveness um this is mostly privet honeysuckle and bittersweet kind of hedge along the road so
um while we were uh planning the rest of the property we did that as well and showed it on the same plan um I'm happy to answer any questions about what we're looking to do here and uh I'll leave it to you
excellent thanks Nick for the moment you can stop sharing please okay there we go thank you all right Jen nick did you provide us with the square footage of each management species i'm sorry the each uh
Yes I do believe we did i think uh Lauren provided some supplemental information between um the continued hearing and today and I'm just I was trying to bring everything up at the same time but my Adobe keeps crashing and I'm trying not
to open too many things at the same time for whatever reason um trying to find hold on one second 414 application i don't think we got anything from
Lauren um neck okay uh hold on i'm just opening a word document now that I think is your staff comments plus her responses um yes area or maybe these
were just um internal area one is 665 square ft about 70% of that area is invasive um area 2 is 415 square ft about 70 70% of that area is invasive
and area three is 4960 ft and about 60% of that area is vegetated which is almost entirely invasive okay in the in like
um in the future if you could provide those to us with the that percent it just it allows us and helps us evaluate the plan we're not going in there blind absolutely and can you um internally we
as staff are trying to figure out because we we hear um stump sprout management thrown about and I'm not being mean it in a negative way but you know and we're just trying to get a handle on what that actually means like
on the next project i know we're trying to make the trees grow back into trees correct this project it seems like we're going to be managing them as shrubs and so it seems like sometimes we find it
interchangeable we don't know if you're proposing it to be managed as a shrub or if you're proposing it to try to find that that strongest leader and have it become like a a tree again yep un understood in this instance uh you are
right we you know within the view corridor we are looking to um manage these uh trees more in a shrub form to maintain the view um allowing everything outside the view corridor to
naturalize um as opposed to the the project that um is coming up where we're looking to reestablish the overstory um so they
they you know they can be kind of interchangeable as you said you know some sprout management is a is a broad term um and it can mean different things but in this instance it means manage them
for lateral lateral growth um and try to keep those trees but preserve the view okay so I guess what I would ask in the future just kind of flush out a
little bit when you're using that broad term stump sprout management so we have a better idea i mean we're just not keep asking the question over and over again that we just have like a little better idea of of what you're proposing
um because sometimes we're like well we don't know if this is going to be a tree or a shrub i get I get it and you're saying that the trees in the view corridor it's not that they're not suitable to become a tree they just it's for the preservation of the view it Yeah
it's so it's solely for the for the view itself and um it it's a fairly wide property and it's a um at least in my opinion uh a modest view towards Buzzard's Bay um given the width of the
property so you know we're looking to manage those trees to promote lateral growth and um and preserve the view into the future okay they they they are trying to um market the place yes not
not that this matters for conservation purposes but the the property is up for sale and they're trying to um promote its uh best qualities and hence we're trying to you know get something on
record for the view so that a potential owner knows that if they were to purchase the property this view is number one permitted and number two would be you know allowed into the
future um along with you know the um the enhancements of the landscape plantings around the house obviously we're trying to um beautify the property and make it look um more appealing to buyers and uh
that's that's one of the purposes of it of this application nick I'm going to in this is something we didn't put in staff report but I just thought of if they're marketing the property it's a pretty kind of older home don't you think somebody's just
going to purchase this and raise and rebuild and then that case we're looking at a whole different vista possibly i I don't know i mean my personal preference I think the house is really cool and
uh pretty unique and fits the land and it is just kind of a unique property um obviously a potential buyer might think something something different and it might go higher or different shape i I I
I don't know that um because there is no there is no buyer okay so I guess that would be my only concern is would this work be done before I mean
this the intentions would be that this um the work that's proposed to you now would be done um relatively soon um going into spring slashs summer uh to market the property and get it looking a
little bit better and um a potential buyer you know they very well may do something completely different or they could uh remodel the existing home i I I don't know okay um so what we might have to do
Nick is we might have to put something in the order of conditions that if a if this property were to be in the future ra the the house raised as in demoed and rebuilt and a new vista corridor were to
be established then these trees in this Vista corridor should be allowed to be to to be managed as a tree species as an overstory species as opposed opposed to um more of a lateral shrub yeah that I mean that sounds fair and that sounds
like it makes sense if they were to um if a new buyer andor homeowner was to seek a different house shape uh and look for a different view then it would make sense if this wasn't
the desired view corridor that this would be left to naturalize okay yeah i don't know if I would say left to naturalize i would say that the probably the tree species should probably probably managed as an overstory trait
as opposed to that again that lateral right yeah i Yeah there is a uh existing kind of pathway in that area so okay i think that makes sense okay that would be my only concern to the commission is you know we're establishing a a view corridor on a
property that probably has an 80 70 to 80% chance of being raised and rebuilt so um that would be my only concern thank you Nick no other questions Mr chairman alissa thank you uh just to follow up on Jen's
comments um Nick for the stem sprout management terminology um I did meet with Lauren last year and she kind of explained to me your guys' criteria how you look at the sprouts determining um if they're good candidates to be trained to grow into an overstory tree again um
for me I think it's the good candidate part that confuses me so I can't tell if it's a good candidate to grow into a tree or to stay as a shrub and if they're the inverse if something's not a good candidate to grow into a tree does that automatically make it a good candidate to stay as a shrub or if it's
um you know cuz to me that that's what makes sense but sometimes you guys propose to remove those and replace them with shrub material um so I think going forward we're you know content with your criteria on how you look at them um just
trying to understand which direction we're going into would be helpful okay um my only concerns with the cut trees in the corridor um considering this is an unpermitted corridor i think it would be a slippery
slope to allow for all the trees to not be managed if that's the only reason is that it's a view corridor um I understand the ones very close to the home like right where that patio is there's a bunch of just cut seeders and if those grew up that is just a wall so I understand that um but considering the
one we're going to have um after this hearing 10 circle where I met Lauren out there you know just because trees are cut vistas never allow for trees to be removed we allow for uh pockets of view to be opened branches to be removed maybe select saplings but never just
trees in their entirety so there's none in the way um so having some to grow back into trees would probably be in my opinion the best way to go and to stick with the regulations but that'll be up to the board but thank you
All right commissioner questions or comments russ I'm good right now Mr chairman steve yeah I don't have any questions thank you Mr chairman all right Betsy
i agree with Alyssa i was wondering why all the trees in the Vista corridor were being cut courtney is the is the uh house currently on the market uh it it I know for a fact that it was
and um and that it wasn't and I believe that it either is or is about to be again yeah i'm wondering if there's isn't a strategy that could be employed here
that you don't do the work until it's sold and then the new owner can come in with a an amended order and get the view card or they want if they're going to blow up the house and redo it in other words is there another way of
approaching this yeah i mean it it's it I do I do understand what you're saying like the the the chicken before the egg yeah um but in
um in my experience seeing these types of properties no matter what town they're in um if there is an established and/or permitted view window corridor whatever
you want to call it um and that is established and it is the the path of least resistance to have a view in the future um even if the house was to be demolished and or rebuilt there would be
one of two um ways that it could go one is they would uh design the new house to fit the existing views and the second is
um do nothing and build the new house and then curtail the uh proposed views to kind of the window openings of the new house but but either way this what we're proposing here is
still um is still the path of least resistance requires the least amount of removal pruning and/or disturbance um what what I think I'm suggesting is that you could get this
appro a permit tonight your proposed view corridor and now you don't do the work you have the permit good for three or five years whatever it is and the new owner can come in they can either do the work as approved or they can come in and
ask for an amended permit and that way the trees we don't have all these trees cut down and now you got to let them grow back and you know it's u it's a messy situation i I think you ought to rethink your plan i I I do understand
what you're saying but uh I mean I've been on the other side of this so I know No I know i know as far as houses being do is market in the winter time when the leaves aren't on the As far as houses being and they can go out and build their build their get their proper
view counter i'm just It really bothers me you're going to go and do all this work with a potential that now the new car that people wanted different because they've blown the house up and now you have all these tree stumps can we end this hey can we You're
beating a dead horse they We have an existing homeowner we have an existing property they're going to get a permit for three years whether they act on it or not somebody new comes in they want to do something different they apply for a permit happens every week here no I understand i'm just I'm
just I've said my piece thank you run no I'm all set after that i'm not jumping in there oh come on all right then i will he's just doing landscape staging right instead of doing indoor staging he's doing outdoor staging yeah
people have a hard time envisioning what may be able to happen and um I think this is one one way to assist in that yeah okay I'm all set thank you Jen did I see a hand up
no I Yes I think there is a way to condition it where um if if the board does allow the trees that maybe if a new person comes in establishes a new view corridor we condition this one that the trees start being managed as overstory
trees if the board wants to go down that route I think we can condition it to try to to to pro to protect that one vista corridor in your ranks um but we can talk about it during deliberations
yeah okay is there anything in the public chat function please nothing in the public chat make a motion and close the hearing and take it under adisement second we have a motion and a second to close the hearing last call questions or
comments just not Courtney all right we're voting betsy Bloodfelter eye courtney no comments bird eye matthew's eye ron eye russ's eye steve
steve he said Pat and I he's muted all right it is unanimous we have closed this hearing thank you Nick yep thank you
don't go anywhere nick you're up next yeah yep yep all right next up Jeffrey Younger 86 River Road he's found with Mass for permission to install a fiber roll array construct a staircase maintain a vista corridor and install
restoration plantings and for the record Russ you're not on this quorum you're excused for the moment you have to come back though for more fun and games jen
uh yes Mr chairman Nick Crawford is here to present his project mike Burcelli is not with us this evening correct Nick yeah no just just me okay you're stuck with me um for the record Nick Crawford from
Crawford Land Management um obviously we're here to um propose the stabilization of a a shore coastal bank um stabilize that with uh native vegetation and fibbrals
um didn't seem like there was a whole lot of comment about that piece there there was an old violation um or or not violation old enforcement order that uh had never been remedied that was on the property
um it was a previous owner uh we did meet with both uh Jennifer and Alyssa on site um and talked about the previous enforcement order and the also the
previous uh restoration plan that have been put in place andor approved slashpermitted um I I do believe you know I don't want to speak for Jennifer and or Alyssa but
at at this point in time the area has um grown in quite well um in its uh thickness there's not a whole lot of
area or any area really for um native plantings to restore it um because the native vegetation that had previously been cut has grown back to a degree where
um it seems as though you know to make areas suitable for replanting with native vegetation would create a a larger disturbance than um working with the uh vegetation that's already there
um we submitted a uh stump sprout management protocol um for the vegetation that exists on site um we show a
um again we show a view window slashcridor to be um maintained within the guise of uh conservation regulations but everything outside of that we would be training
the stump sprouts of overstory trees back into single or uh double multi- stem trees um just not the
you know the 16 sprouts or you know eight sprouts that they are at this point in time um the understory trees and or large shrub vegetation would basically be
um managed to the healthiest stems and then allowed to regrow and then the understory vegetation would be allowed to just naturalize by itself um we talked about you know what what
would it take to remove uh some of the vegetation out there andor stumps um to replant with you know single stem native trees and restore the area and um
it it was at least my opinion that to go out there and try and remove this vegetation to replant native vegetation didn't make a whole lot of sense because the stuff that's out there right now is established doesn't need irrigation
um and creates virtually no disturbance to you know whittle it down to single or multi- stem trees um versus pulling stumps and going in there with a full replanting strategy
um the other thing that there were staff comments about was the um artificial turf area slashdogr run um that's in the outer buffer zone and um I believe Mike
Borcelli uh it was his opinion that you know the artificial turf area that's fenced in would be um had it been permitted it may have been
admissible um and been able to be permitted um so it's you know it's his opinion that it didn't necessarily require mitigation but we're you know um we're here before you now and um looking to get this
project approved so I'll leave it open to the board all right Jen uh yes Mr chairman i largely uh agree with Nick we did go out there there's not a lot of invasives out there i think if we go in and try to
pull out all those damaged trees that were just it's just going to turn into a much larger job um we went out there we talked about it now Nick just to clarify on your plan um you know we have a few a few a few plants called out but when you say
you're going to go in there and and and stump sprout manage you're talking about all of the oaks and all of all of those overtory trees that are throughout there and not ones right next to that access route to the core fiber
rolls correct yes it it would be everything so if there were and the way that we would determine whether or not uh or which stump sprouts were chosen versus which ones were removed and I don't mean removed like
uh I mean per specimen we're not removing any individual uh cherry or oak but if if there's an oak tree that has you know nine sprouts coming off of it we're going to you know
eliminate the ones that are crossing the ones that have damaged the ones that may have rot um and you know whittle them down to you know more or less 30% of what they are now let that grow for a
year um whittle that down one more time and then by the end of the permit by the end of 3 years um the the idea is that we will have uh you know one two and or three viable
sprouts of each specimen that can grow back into single or multi- stem trees that aren't affected by either crossing limbs or rot or decay at the base okay thank you uh when is this work
supposed to start the restoration part um originally we would we were wanting to do the stabilization work pre-summer i think that's going to wait till the fall at this point um I think that the
restoration/ stump sprout management work um can be done relatively soon i don't think it's going to take a a large amount of time probably only three or four days to go through there and
selectively edit the stems that are uh not as advantageous advantageous as others um so I I can't speak for the homeowner but I would say that the the restoration work could very
well take place uh this spring and or early summer before um everything is fully leafed out well considering it's an outstanding enforcement matter we'll probably condition it to begin and then we'll
probably condition like once you've gone through and done that first that that sweep that we do a site visit so we can get a kind of an idea of how it looks when you first go in there and do that a base Yeah like a baseline this is a little bit different than the normal
like invasive removal and everything else and I'd just be kind of curious to see you know to really see it in in progress yep um and as far as the envir uh artificial turf I cannot recommend the board allow the artificial turf to
remain but that'll be up to the board i I will say that I I did look at the property pre-artificial turf um there's kind of like a mulched border around the property i
don't know if it's necessarily permitted or not but I do know that the first time I ever looked at it it that that area was mulch um that's it all right thanks Nick
that's all Mr chair thank you Alyssa thank you uh just to touch upon the last staff note um I had just requested a revised plan there was a notation on the original plan that you guys submitted for that area just above on the plan uh
where the view corridor was i'm just looking for that to go back just so it's very clear that even though that shrub layer is being cut it is not to be cut anymore yep lauren mentioned that and she said she was going to add it to the plan uh and resubmit that excellent thanks so much yep
all right commissioner comments and questions steve we're starting with you thank you Mr chairman i was curious about um access uh to the work site uh so for the restoration stump sprout
management component that would all be done by hand no equipment needed um as far as the stabilization work we would use a mini skid steer and a mini excavator um the mini excavator that
we've been using for sites like this has a 3 and 1/2 ft track width and once we get through the really narrow areas uh it expands to like 4' 8 in so we'd be able to stay on top of the um small
grass strip and the path out to the water all the way out okay it looks uh like you don't have that but if you say you do you do okay yeah it it's it's real tight it's real narrow but it is um it is doable
it's only three of my feet which it makes it awfully small my feet are getting bigger though so okay no more questions thank you let's see uh I just like to see a condition since
Nick is very clear as to what's going to happen with these the regrowth of the stumps that are sprouting that um if if the owner chooses any other
landscape firm they have to get permission of the commission i'd like to see this enforcement order from how many years ago Jen quite a while i'd like to see it
successful and I think Nick has a good plan has a good handle on it thank you that's all thanks all right Courtney um 60 years ago when I graduated from college I lived in
Tucson Arizona for a couple of years and these people had an interesting solution for um lawns they dried out so rather than irrigate them they poured a concrete slab and painted it green
so um what I'm That reminds me of your astroturf solution and I just have a problem with that so um uh I think you should come up with something else i don't want a Tucson solution to your dog
run no other comments all right Jen wouldn't we treat that just as any other impervious surface correct we would so if we left it it would have to have mitigation we do we do have a um area that on the
edge of existing vegetation between the edge of existing vegetation and the deck um that we could mitigate with um that's currently kind of not vegetated
um so if that's something the commission would be amendable to um we could balance that square footage with that nick you go ahead Nick you would need to do it at
either a 3 one or a 2:1 and we haven't evaluated that so I couldn't I couldn't recommend that to the board because we just haven't had a chance to evaluate it yet so if you wanted to continue your hearing a and explore that that's fine
but I have I have had Mike in particular have one of his clients take out the astroturf mhm i will say the astroturf although it's completely artificial and doesn't provide any you know uh
value it is pvious um the substrate underneath it is usually just sand um so it it it is pvious within the outer buffer zone um
but you know probably I'll leave it at that all right you done Jen ron no questions Mr chairman all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman
are we all ready to close this or Nick do you want to go back and check with your client i mean if if um 2:1 3 I wish my Adobe wasn't crashing hold
on i'm just trying to figure out the um square footage of the artificial turf area that's within jurisdiction or within the outer buffer zone um 49 I was just hesitant to open
everything because it kept crashing but let's see here um one second i'm just zooming in i mean I I I do think I mean if if you were to condition it to
um whatever you felt was amendable for um whether it was 2:1 or 3:1 um I do believe that we can accommodate that um within the outer buffer zone to mitigate for the artificial turf
all right so Jan are you comfortable conditioning that if that's what we decide um again it's a pretty tight site Nick you can't have mitigation up against like within 10 ft of the house and I
visually can't see how you're going to fit that and I just like to caution the board i mean you do not want artificial turf all over the place and the we've been seeing this come up a little bit
it's creeping into our town um and it's just another of a patio yeah yeah so I mean part of me would um obviously part of me wants to get this approved so that we can do the
restoration work component before um the summer season or before we lose the season so to speak but um I can't say 100% just by looking at the plan it looks
like it looks really close looks like with the mulched area around the deck um between the between the area that's on the plan that says brush mulch and lawn um this needs to be worked out
separately we're not going to debate all this tonight okay i'm going to make a motion to close a hearing and take it under advisement third second jen nick if the board decides either for or against the turf
and your client feels strongly file an amendment let's just close this let's get you the order let's get you started on that restoration and we'll deal with the artificial turf that makes sense to me okay all right so we have a motion and a
second on the table to close the hearing last call questions or comments we're voting to close the hearing betsy Pilter courtney third eye matthew's eye ron Driscoll I Steve and I it is unanimous
with this quorum we have closed the hearing thanks Nick thank you Nick courtney I figured out what that stuff I was gooffing on in Florida was it's that painted concrete you were talking about i couldn't believe it when I moved out
there i They do that in the Virgin Islands too on slopes believe it or not yeah was either that or they planted they had Bermuda grass or something and then they planted winter rye i apologize
Mr chairman not at all not at all hey the golf courses around here they paint the grass green before the season so this progress yeah all right next up hearings under an
enforcement order anthony Rocky 225 Lakeshore Drive Alf Mass unpermitted removal of vegetation and unpermitted construction of a landscape wall within the buffer to Jenkins Pond i think we already addressed this but yes you already addressed it but I'd
like to continue this out until September 10th just to make sure the plantings get done um this has been kind of a lingering enforcement issue um so someone we're in second you said September 10th
september 10th just want to make sure I heard it right thank you correct all right so we have a motion and a second to continue this till September 10th betsy I Bird Eye matthew Z ron Pisclly russy
steve Bonai it is unanimous we have continued this until September 10th before you get all antsy for the next thing um Jen has some really bad news for you i just wanted to warn you guys next
week because of last week's um we had to continue a bunch of stuff we we did manage to to spread it out over the next couple of weeks so it's not all jammed but next week is going to be long i just wanted to let you all know um I do think we will have a couple of continuences
because materials did not come in today as required uh but still we will try to get every issue out of the way um to the best of our ability before the hearing um and just files like this usually
so that's all I have to say guys all right so week is not that week to be call in sick and make sure you bring snacks and if it really looks like it's going to go on we'll take a we'll take a break after a certain period um we
haven't had to do that in a long time but you know maybe we will last motion who wants it i will make a motion to objourn driscoll second wfelter I
I Driscoll that and I is unanimous we are adjourned thank you everyone