Heat. Heat. Good evening and welcome to the April 22nd, 2026 meeting of the Felmouth 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 be what can be seen and heard in your background. We are missing one commissioner. However, we have a quorum.
So, we are moving forward. I would like to remind the commissioners that for commenting I will call each of you in turn. So please refrain from speaking over each other. Also all votes are done by roll call. So when I call your name please state your name and your vote for the record even if you
made the motion or 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 they 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'll 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 Wetland Protection Act and or the Falmouth Wetland bylaw apply to their proposed project. A negative determination is
that the provisions of the act or bylaw do not apply. Therefore, the project may proceed as proposed. A positive determination means the provision of the acting or bylaw do in fact apply and or may require some conditions. Therefore, the project would
require a notice of intent application. So, as an applicant, you want to hear a negative determination. For the benefit anybody waiting for particular hearing tonight, we will be continuing 110 Scranton 110 Scranton
Avenue Fmouth and 21 Davis Neck Road. First business is to go into executive session. Um, >> make a motion. Make a motion to leave this meeting and enter into executive session. Driscoll.
>> Second. Walsh. >> Have a motion to second. Any questions? Hearing none, I'll call the role. Steve >> Bton. >> Ronnie. >> Bulman. I >> Ron >> Driscolly. >> Jim. >> McGrath. I
>> Dan >> all shy >> and Duffy eye. Motion passes to go into executive session. See y'all there. I'll entertain a motion to go back to regular session. >> A motion to go back into the regular
session. Dressman second. >> Got a motion and a second. Any questions? >> Seeing none, I will call the role. Ronnie. >> Bman. I >> Dan >> Paul I >> Steve
>> I >> Ron >> Driscoll I >> Jim >> Grath I >> Duffy I motion to go back into regular session has been approved. Welcome back. First order of business tonight is to
vote minutes for the March 2nd 2026 meeting. Make a motion of March 22nd. Patton >> got a second.
>> Yep. Dan said I second it. >> All right. Is there a motion accept 20 March 2nd, 2026? >> Before you do this, just a question. I think I wasn't on the quorum for that one. So, I don't think I vote.
As I read it, I wasn't in it. >> It's fine. >> Yeah. For for this, it's fine. >> Okay. >> All right. So, Ron >> Drisco doesn't abstain. I wasn't there either.
>> All right. Steve >> Patton I >> Ronnie >> I >> Jim >> McGrath I >> and Duffy I motion passes for with two
abstensions since Dan you said you weren't there >> I was not there >> perfect next vote April 15 2026 minutes >> make motion to accept the Alman second.
>> All right, I got a motion, a second. Call the role. >> Discal. >> Ron, >> Pan I. >> Steve, >> all I >> Ronnie McGrath I >> Jim and FI motion passes to accept the April
15, 2026 minutes. Next, we have a request for a continuence under notice of intent. Ryan Mclofflin, Fmouth Pier 378, 110 Scranton Avenue, Fmouth, Mass for permission to replace and relocate the bulkhead, remove a portion of field tidelands, and
expand the existing dock system. >> Yes, Mr. Chairman, the applicant is requesting a continuence until May 6. This is also going to be readvertised to include two additional uh adjacent parcels since work is now being proposed on one of those.
>> Take a delay. >> Okay. >> So, well, one is because we did get the plan. We did get the the wall insert that you that that the board wanted. DPW
has reviewed it. Unfortunately, they are adding a small finger pier onto the adjacent parcel and we needed to advertise for that. So, it is being delayed due to being able to properly advertise so they can have the project they want.
>> Got it. >> Okay. Make a motion to continue to May 6th. Drisco Bowman. Second. >> Motion to second. Any questions? Seeing none. Ron, >> Paul Shy,
>> Dan, I >> Jim, >> and FBI motion to request a continuence till May 6 passes. Next, we have a request for a continuence under a remanded enforcement order. James Sahagen, 21 Davis Neck Road found with
mass unpermitted vegetation removal within conservation jurist. >> Yes, Mr. chairman, the uh the resident would like a continuence until May 13th. Uh we will be meeting with Mr. Seahian
at some point before the hearing um to review the remand with him and what the staff is looking for. >> Make a motion to continue the uh re enforcement order until May 13th. >> 13th.
>> Bman second. Motion second made. Any questions on this? Seeing none. >> I >> Ronnie >> Grath I >> Jim and Duffy I. Motion to continue till May
13th is passed. Next we have a request for determination of applicability. Michael and Christopher North, 15 Sunset Point Road, North Falmouth, Mass for permission to remove the existing garage, construct a second story onto the garage, and
install mitigation plantings. Fallon >> staff recommends a negative three under the estate, negative two under the bylaw, resource area boundaries are not confirmed. >> Bman, so moved. >> Second. >> Got a motion and a second. Any
questions? Hearing none. I'll call >> I. >> Ron >> I >> Dan >> B I >> Steve >> M >> I >> Ronnie >> graph I >> Jim
and Duffy I motions motion passes. Next we got Robert Thompson 0 Penzance Road Falmouth Mass Math parallel no m parcel 4902003 0002 for permission to remove 10 to 14 dead
and declining trees >> staff recommends a negative three of the state and negative2 under the bylaw resource area boundaries are not confirmed so moved >> second motion on a second question >> I have a question is this uh Are we
going to wipe out all of Penzance's point with these these pine trees? I mean, it was out at the it's out at 187, right? Out at the point and this is further back in. It seems like it's spreading through the entire peninsula. >> Yeah, hopefully not. Um I spoke to Dave
Salter today from Hamilton Tree Care. He's the one that's going to be conducting this work. He said it's a possibility that it's the southern pine beetle, but there are also other reasons for these trees to be dead and declining, including uh the potential
southern pine beetle, definitely black turppentine beetle, uh needle cast, and just some other uh reasons. And then he also mentioned that these Japanese black pines are considered 50-year trees. They don't have the longest lifespan. So,
it's just kind of a perfect storm of just about everything. >> Okay. Thanks, fella. >> Thank you. No other questions. We'll call the role. >> Ron. >> Dan.
Dan, you're muted. >> Sorry, kids in the background. Walshy. >> Batty. >> Steve. >> Bulb. I >> Ronnie. >> McGrat. I >> Jim and Duffy. Motion passes. Next. Gateway
Infrastructure LLC various locations around Fmouth Mass. Permission to install underground fiber optics cables in associated cabinets. >> Staff recommends a negative three to the state two under the bylaw. Resource area boundaries are not confirmed.
>> Disco one second. >> Jen has no question. And I just want to give the board a brief like quick overview on this. So this is the fiber optics. You'll be seeing three different companies. Um they're either coming into fiber optics either trenching,
directional drilling or aerial which is attaching their cables to existing poles. They are they are doing the entire tab. So the staff had to take kind of like a very high altitude look at this to be able to permit this with being
consistent throughout all three vendors. um as well as you know the ease of permitting. So what we are doing is we are establishing a list of conditions um we are working with our town engineering department. So when these companies do
come in they will have to adhere to a strict uh strict conditions depending on which methodology they're using. And we have been meticulously going over the maps that they have provided and identifying internally like
potential problem areas where we know groundwater is really high. We know if they trench they might run into a deatering issue and we'll be handling that individually with the vendors as we move forward. But it was the only way to get them all permitted when they're
handing us a map of the entire town and says, "How do I permit this?" Um, again being consistent with all three vendors being fair and just being able to permit this as um quickly and easily as possible.
>> So question >> that's all Mr. Chairman. Thank you. >> Thank you. >> Do have one by the same mute. >> No question is >> no you're on. >> So I'm trying to figure out or understand if we determine these are negative then we're basically saying they're not in
our jurisdiction but we're applying conditions to the work they do. It seems I've got a misunderstanding somewhere there. >> Well, a negative a negative determination means a couple of different things. It could mean outside of your jurisdiction. It could mean that
the work the work proposed does not um dredge, fill, alter, or otherwise degrade a resource area or resource area buffer. Um, or it could just simply mean your the the current regulations do not
apply. Um, there is a a section on the form that does have a little check that says conditions. Uh, we have talked to both all three vendors about this, about how we're going to do this, how we're going to enforce this, as well as the
municipal light board, uh, whose current chairman was a longtime board member. and we'll make sure these companies ad by the conditions we sent. Um >> I remember that >> we've had we've had several
conversations with these companies. We're emailing them daily. They understand what our expectations are. Um I don't have too many concerns, Dan. >> No, I wasn't concerned with the companies. I was just trying to understand the process. >> No, I understand.
>> Yeah. Okay. Thank you. >> Any other questions? one we I got to totally understand the underground. Why are we even involved in the aerial? >> Um because they with even with the aerials, they do need to install the
cabinets. Correct, Fallon? They still need to install these very large cabinets as well as going along the things. They're going to be um in wetland jurisdiction where um they need to prune back a you know
several trees to to to get to the the wires where the fiber optic wires go on these telephone poles as well as some I mean the conditions for the aerial aren't nearly going to be as extensive as the conditions for the underground.
We don't want them driving on a dune. >> Yeah. and they're rolling in with the big trucks trying to hang all this wire. It's simple things like that. Do not drive on our coastal dunes. >> Okay. >> Yeah. >> Thank you. >> All right.
Any motions for this one? >> Yeah, we're doing the first one, right? >> Yeah. Motion. >> Yes. So, it's to permission to install underground fiber optic cables in associated cabin. Made the motion and it was seconded. >> Yes. Correct. >> I don't think it was >> Driscoll second.
>> Jen. >> Thank you. Having all the questions already answered, I'll call the role. >> I Walsh. >> Dan. >> Ben. >> I. >> Steve. >> Bulman. I >> Ronnie McGrath. >> I. >> Jim
and Duffy. I motion passes. Next. Gateway Infrastructure LLC. various locations found in mass for permission to install aerial fiber optic cables in associated cabinets. Alan >> staff recommends a negative three under the state and negative -2 under the
bylaw. Resource area boundaries are not confirmed. >> Bowman so moved a second. >> We got a motion and a second. Any questions on this hearing? None. I'll call the role. Ron,
>> I >> Steve I >> Ronnie >> McGrath I >> Tim >> and Duffy I motion passes for notice of intents. All hearings of the Falmouth Conservation Commission are
held simultaneously under the authorities of the Massachusetts Wetlands Protection Act and the Falmouth Wetlands Bylaw. Although a single decision of the commission is issued, it represents a separate decision under each authority. As a reminder, public commented 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 found with 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. Please know that all correspondence is received by the conservation department is forwarded to all commissioners and becomes part of the record. We will not read each and every letter receive at a hearing. Remember our jurisdiction is that of the Massachusetts Wetland
Protection Act and the Falmouth wetland bylaws, not zoning, health or building. First we've got town of Felmouth Water Quality Management Committee 0 Nuina Street map parcel 2420
found with mass for permission to install a permeable reactive barrier along the shoreline. Jen, >> yes, Mr. Chairman, this application will be continued until May 13th. There was uh we need to readvertise to add an
additional parcel. It wasn't clear in the application. >> Is that so that's being readvertised so we don't have to do anything with it? >> No, just continue it to the to to the May 13th hearing. >> All right. >> Make a motion to continue till the
hearing until May 13th. Driscoll >> Baldman second. >> A motion to second. Any questions? >> Yeah, I have a few I do. >> Oh, sorry. Go ahead. >> Um, so this is to Jen mostly I think or whoever reviewed this but so there's so
there's things in here again I don't really understand who has jurisdiction over what. So as I read it the division of me marine so this proposals to do two things. It's to drill wells for put wood chip in. It's to drill wells to put oil in. The division of marine fisheries
approved one and didn't respond to the other. I'm trying to understand if they if that matters. >> I haven't actually read the Division of Marine Fisheries letter, Dan. So, I will read that and get back to you. >> Okay, that that's one. The other is if
you these things aren't really contiguously numbered, so it's kind of hard to figure out where they are in the document. But um within the document it describes I think it's on page 15 13 15 it describes
adding five new monitoring wells but I there's nowhere in it where I see where it's suggesting where those are going to go. And again I don't know how these projects normally proceed much like I didn't with the with the sort of the the dune restoration or the beach
reourishment. But um I'm trying to figure out is that something that that really should be in this application someplace because they've got pictures of a bunch of the other stuff. They're pictures. They're not engineering drugs, but I guess that's okay. But they don't have anything on the five new
monitoring. >> I will get that information for you. I'll reach out to the consultant and get that information for you, Dan. >> Great. Thank you. >> Not a problem. Is it >> I take a motion to continue?
>> Do it. >> Oh yeah. Sorry. And the question was after. Perfect. So call the roll. Ron >> Discll I. >> Dan >> Paul Shy. >> Steve >> Hton I. >> Ronnie >> I. >> Jim >> McGrath. I
>> and Duffy. I motion to continue to 513 has been approved. Next we have Beth M. Patrick 2010 trust 10 deerr run lane found with mass for permission to replace a deck with a threeseason porch and deck and to
install restoration plantings. Jen. >> Yes, Mr. Chairman. I've promoted Tim Santos's Merryill Engineering to present his project. Good evening, Tim. >> Good evening. For the record, Tim Santos from Mel Engineers represent the applicant. Uh with your permission, I
will share my screen. The floor is yours, Tim. >> Thank you. Can everybody see that? >> Yeah. >> Yes. >> All right. Um, again, for the record, Tim Santos from Maryland Engineers.
Property is located at 10 Deer Run Lane. Um, property is adjacent to Fidas Cove. currently developed within existing single family home deck, paved driveway, shed, um lawn and landscaped areas. There's also a
boardwalk that kind of walks down the bank and leads to uh the ramp and flow out back which is licensed. We're here tonight uh looking for approval to reconstruct the deck off the rear of the house. So, what the applicant would like to do is
remove the deck and steps and construct a new deck with threeseason um porch on it. Um the footprint of the new deck is slightly smaller than what currently exists. So, between
the deck and the steps, so there are no mitigation plantings proposed. We are proposing to remove a portion of the existing walkway that walks down the bank. Right now, there's kind of this Y walkway that leads to the barnwalk. So, we're going to remove a portion of the
steps and pathway and reveate that with native shrubs. Um, I did speak with staff earlier today and read the staff report. There are a few comments in regard to some cutting on the bank and some storm debris. I've
made the applicant aware that no cutting is allowed basically on the lot without the permission of the commission and the storm debris should be removed. Uh appears to be a shed in this area right here. If you see where my hand is, that
was constructed, I believe, sometime between 2004 24 to 2025. And the applicant will be moving that shed onto the pavement as suggested. And we will reveate the area where the vegetation was
removed um as discussed with staff. And I believe the other area, Jen, you were talking about was up here, this gravel parking area and stone wall. So, we will be adding some more restoration mitigation plantings to offset the wall. I will submit a revised
plan. I talked to Jen about that earlier today. So, I'm hoping the board can close the hearing tonight and take it under advisement. And if you have any questions, I'd be more than happy to address them. And I can leave the plan up as well.
>> Thanks, Tim. Um, I don't think we need that up. >> Okay. Let me stop sharing. Jen >> Tim, do you have room on on in the in the buffer to to mitigate for that uh the wall near the gravel parking area?
>> Yeah, there there's landscaped areas um on the lot that we could kind of remove some the landscaped areas and mitigate for the wall. >> Okay, perfect. I didn't have the plan in front of me when I was talking to you earlier. Okay, great. Um Tim has addressed the staff's concern and we'll
work with him um to properly mitigate for that wall and I have no problem with a revised plan being required in the hearing being closed if that's what the board would like to do. >> Anything to add, Fallon?
>> Nothing to add. Thanks. Thanks, Tim. >> You're welcome. All right, I'll open up to the board. Jim, >> uh I I was out there. I looks like a good plan. I have no no further questions. >> Dan, >> looks fine. I have no questions. Thank
you, >> Steve. >> Yeah. Straightforward. I have no questions. >> Ronnie, >> thanks, Tim. Uh, staff's good. I'm good. Thank you, >> Ron. >> Of course, I have someone has a question. How How are they going to get
down to the the boat? >> Yeah. Are they going to have to go through the house or go underneath the deck to get to it? Now that they're taking over that little path, little walkway, >> they're just basically where the stairs are now, Ron. They're there'll be some steppers in that area. So, they're just
going to kind of walk across the house >> to the other side of the path and walk down. >> Okay. >> There's a there's a Y path right there. >> Yeah. Yeah. >> We're just removing one side of it. So, they're going to have to go all the way around the halfway around the back of the house and then take a left to go
down the path that's that will remain >> correct. It might be an extra 10 ft. It's not that far. >> Okay. All right. Just wondering. Thank you. That's all. >> Yep. Thanks, Tim, for your plan. It looks straightforward to me. So, I'm all set.
Um, Jen, anything in the chat? >> Nothing in the public chat, Mr. Chairman. >> All right. Make a motion to close a hearing and take it under adisement. Crystal >> Bowman second. >> Got a motion to second. Any questions?
Seeing none, call the roll. Jim >> Grant I >> Dan >> Walsh. >> Steve >> I >> Ronnie >> I >> Ron >> I >> and FBI motion passes to close the hearing and take it under advisement.
Thanks Tim. >> Thank you Tim. Good night. >> Good night. Have a great weekend all. >> You too. Next we got Williams Goldberg Trust 175 Edgewater Drive East Fmouth, Mass for after the fact permission to install a
patio and retaining wall and for permission to install mitigation plantings, remove two decks, enlarge the driveway >> and install a walkway. Chen. >> Yes, Mr. Chairman. I've promoted Tom Bunker of BSS design to present his
project. Good evening, Tom. >> Yeah, good evening. How are you all? Um, for the record, my name is Tom Bunker with BSS Design. I'm a registered land surveyor. Um, and uh, if I may, I'll uh, share my screen and, uh, tell you what we're doing.
>> Tom, the floor is yours. >> Okay. Do you see the Do you see that? >> Yes. >> Yeah. Okay. Okay, so there's the town GIS here just to show the location of where we're talking about 175 Edgewater Drive East on Sec Shores. There's Seco
Shores Boulevard over there and the just south at the at the intersection of Berkeley Drive. Um the blue shade is well it's the it's 100 foot buffer that shows on the GIS but it's it's not quite
complete. Um so to zoom in look at the uh our our survey of it. Okay. So there's a flood zone AE over here
um toward toward the ocean. AE elevation 13 uh which is I believe a coastal uh you know it's a area of moderate wave action and it changes to AE elevation 12
uh covering the the intersection and then up the bank. So see this this house is situated on on the slope on the bank. The driveway comes in at street level down at elevation six roughly five five
and a half six down here. Then the ground up top we got up to elevation 13 across the back of it. Uh we started this project. We've done a couple earlier projects for these same people, the Goldbirds.
We started this project to uh they want to widen their driveway and remove this uh deck assembly here and walkway and steps going down into the
driveway here. And so they would take that out. um leave the little corner deck in the middle and then have a serpentine masonry walk going down with a couple steps at the bottom. This wall here is
the same wall, but it will be rebuilt in the same location. Uh it's saw it's just a a old old block. It has the stairs cut down it. And so they want to get rid of those stairs and just have that walkway uh enter the driveway out by Edgewater
Drive there. And the driveway will be widened here. So it's 21 ft wide. And there are now steps uh going from the driveway up onto the ground here. And then there that those steps would be a
little bit bit of an angle to come up here. And so that's uh creating the driveway is getting larger in zone A um in the flood zone and and zone A of of
uh this the zone A of the wetland >> is running around here. And because this slope is in a flood zone, there's also coastal bank along here and along here. And uh there's zone A of the coastal
bank that's further inland here. Flood zone wraps around but uh here the this bank is more than 100 ft from another resource area. And so there's no zone A associated with this coastal bank only a
100 foot zone B which goes way out here covering all of the lot is within at least zone B. this area where the driver is expanding and where the this deck is being removed is in zone A. Um there's actually a
reduction in coverage in zone A mainly because this deck is coming out. Um that would have been simple but then staff >> noticed that um of course you know we knew it too but this you told the
applicant that there's this deck here had been built without a permit. uh from conservation and so it is in a location in zone A where it could be permittable but it needed mitigation
and then they just identified another this shed or was built sometime in the past without any permitting that also is in a uh a location where it could be permitted within a zone B but it needs more mitigation. So the plant that we
provided had the mitigation for the patio and the requirements down here. there's a reduction in zone A
um and a reduction in zone B from the the work on the deck the the the walkway but then the unpermitted work the wall and the patio and I don't have the shed included in this now they came up with 900 500 rather 596 square ft of
mitigation required which we put down here across the bank um I had communicated ated fully with uh Lisa Goldberg. Uh but staff pointed out that um when they talked to her that she
wanted mitigation above the fence and I checked with her today and she actually wants this corner open, left open for access uh uh by vehicles if necessary here for tree work because there were was
some tree damage and it came in handy having some room there. Uh and so what I if I may show you, I've made the change um changes that were on the staff report uh basically about the uh uh mitigation
being a on the south side of there's a there's a a a picket fence right across here. You notice when you were out there, if I may, I'd like to put that um drawing up
Um, hold on one second. Didn't have this one quite ready. That's the wrong one. I just have this one here. Um on this one on the calculations I have included the shed is 8x 12 typical 8 x
12 96 ft. So I added that in for mitigation calculations in zone B. So from the 596 square ft we now have 778 square ft of mitigation required which I have added. So, I left the space over
here uh coming in from Berkeley Drive if if they ever need it. Um and added the moved all the extra some some of that mitigation that was here and the extra mitigation up to here. So, basically we're reveating
top to bottom of the coastal bank in this location. uh but leaving this area the way it is now al along the uh along the west side of the property in case they need uh uh
tree work done or something. Uh so um I so I will have to check this with with Lisa and with the staff. Uh but we've this
basically I have a a draft April 22nd changes on here. I think that's addressed the uh staff concerns. Um and uh as the as the hearing before me, I'd like if you could
close the hearing and I'll tune up any little things with the staff um in the in the coming week or so if that's all right. So that's it. I will take this down and take questions. >> Thanks, Tom.
>> Right. >> All right, Jen. >> Yes, Mr. Chairman. Um, not as simple as Tim's hearing, Tom. Um, >> so we haven't we haven't seen that plan. And
>> No, I know that. Yeah. >> Yeah. And and Tim was just we were just moving a shed, reveitating, and adding some mitigation. I understand what you're doing. My concern is I don't like and you'll hear this on one of your other projects later in the evening. I
don't I don't particularly like to see mitigation like biseected by a fence. Um but if if you could give us, you know, until the sixth to review your plan, um sure, >> we will absolutely review it. I
appreciate you trying to to to get it on and address all the staff's comments, Tom. I really do. Um, Alyssa and I were having this debate back and forth about, you know, all the mitigation being on one side of that fence or the other. The
fact that now we're separating the mitigation. I know it's a strange lot. I know it's in an inland lot. I understand that. Um, but I would like the opportunity to just re-evaluate where you're proposing that and maybe even if
we have to go on site, talk to you, talk to your clients and and see if we can't find a good place for that mitigation. I again, I understand it's kind of a a strange site. We don't want the ve the vegetation on the other side of the fence because that's where people drive.
It's right up against the road, plows, >> um, >> yeah, >> town vehicles. We just don't think it's going to do well there or survive. And we absolutely don't want your client to have to put all this mitigation in planting in and then it just not survive for no fault of their own.
>> So, I understood. I tried. >> You did, Tom. >> I showed they made one attempt >> and I appreciate that. It was a great attempt, Tom. It really was. Um but um I I would like the opportunity
to just see that plan against the site again. >> Sure. Okay. Request a uh well take the comments but we'll be requesting a continuous. >> Thank you Tom. >> That's I think
>> uh nothing to add but I agree taking a closer look at the new plan would be helpful but thank you Tom. Thanks. >> All right. Now I'll open up for commissioners. Ronnie. Thank you, Tom. I think I'll just take the staff recommendations and we'll uh see what we
can do with the mitigation um and continue it. What do we think in two weeks? Is that what we're thinking? >> The fifth I mean the 6th of May. >> 6th of May. Okay, that's all I got. Thank you. >> Thank you, Dan. >> I have no further questions. Thank you,
>> Steve. >> There's some sites I find it hard to believe that they're in zone B. I stand there and I look at the geography and I think really well anyway I hope we can work out the mitigation. I I honestly don't see this as a threat to the
environment but uh good luck Tom. Thank you. >> Thank you >> Ron. Yeah, same thing. Hope they mitigation could work out. Uh that's all. Thanks. Bye Jim. All right. Jim, you're muted.
I have no questions, Mr. Chairman. >> Thanks, Jim. And I will also will reserve my comments to the continuence if I have any. Good job, Tom. I like that. >> Um, anything in the public chat, Jen?
>> Nothing in the public chat, Mr. Chairman. >> All right. Oh, make a motion to continue the hearing until uh the >> sixth >> sixth May. >> A second. >> We got a motion and a second. Any
questions? Hearing none. Seeing none. Ronnie >> Walman I. >> Dan >> Walsh. >> Steve >> I >> Ron >> Driscoll I >> Jim >> McGrath I >> and Duffy I. Motion passes to continue
the hearing until 56. Thanks, Tom. >> All right. Thank you. And see you later tonight. >> Thank you, Tom. I'm gonna put you back into attendees now. >> Okay. In the peanut gallery. >> Tom, you're not the peanut.
>> Next, we've got continued requests for a hearing under a notice of intent. First one up here, Mary Alice Carroll, 23 Zel Street, Falmouth, Mass, for permission to reconstruct and lengthen the existent revetment. Jen
Yes, Mr. Chairman. I am promoting Chuck Roland from Capeen Islands Engineering to present his continued projects. >> Hello everyone. Can you guys all hear me? >> Yes. >> Yes, Chuck. >> Uh, first I wanted to say I'm You guys
must run an efficient meeting behind closed doors because I've never seen three executive session projects get done in 45 minutes. So, that's pretty impressive. But with that, I'm going to share my screen. >> Can you guys see this?
>> Not yet. Not yet. >> Okay, >> there we go. >> We can. >> Yep. >> Um, so I, uh, have the, uh, revised plan in front of you. Uh, I wanted to go over a couple of quick things. Um, one of the
abutters had said that the uh existing wall is not from the 1980s and I um I did take a look. So the chapter 91 that I was looking at is from the 80s. Um, but it says existing wall. I I took a peek through some documents. I couldn't
really find anything that says exactly when it was constructed. Uh it's obvious that it was um uh some things had changed uh over time, but I did find an etching on the wall that said it was from 1938. Uh so uh one might think that
it might be from back then. Uh but needless to say, uh whenever it was built, it definitely needs to be um replaced. Um, so the other revisions I've shown on the plan are uh we've
removed the um top section up here um just so that way we can um we're going to limit any disturbance from the butter um but the rest of it moving south uh has all stayed the same
um except for the bottom corner here and my computer as I said in the past is a little slow. So, I've taken into consideration um staff and a butter's comments. We're staying completely off of there's no um
uh structure on um Westminster. Uh so, what we've done is we've uh cut a corner off of here. Uh we've also uh put put a plate on the seawward side um right at the corner of the property uh to connect
to a tieback and dead man uh as to support the end of the pier so that way there's no terminus effects. Uh and I've also run the return uh and tying in the return as we previously had shown on the plan. And then I also included um a
detail of that up here so that way it was clear. So we will be staying um ex ex you know all all the structures are on our property. Uh the existing return is going to totally stay and we're going to
um support the end of the existing stone uh with a saw cut uh right here and we'll be tying in uh with the return up uh Westminster. And then um there was some question about the length of the return. And so um I did show on the plan
uh further to the south to show the uh erosion um and that um it's as as much as you believe it would be uh an excessive return if you really look at the extent of the erosion. Um, you know,
at some point the erosion will hit our property. And like I said in the past, this is kind of a belt and suspenders return um for a bit, but eventually with uh opening up that cut, it will become
uh more of a energetic area with uh waves and storm surges. So, um we're really trying to make sure we prevent any erosion onto our property. Um, so, uh, with that, I'm happy to take any
questions. Oh, and it doesn't really have any bearing on this project, but we got to thank, um, Jake Fricky at our office, as um, a lot of engineers do. He he stayed up at night thinking about my project and he came in in the morning and gave me uh some uh basic ideas for
this uh return to kind of appease uh both the staff and the uh commissioners and the abutter's concerns. And so we I have to thank him for his uh you know midnight thoughts and sharing them. So with that I'm happy to take any questions or if you guys
have any further concerns. I know that Jen wanted me to remove a note about vegetation. So, um, I'll leave it up to you. >> Thanks, Chuck. You can stop sharing. >> What if,
>> Jen? >> Chuck, is there a note on on replacing those cedars because those cedars are going to go? Are we replacing those at the ends on the corner of the property? >> Uh, so >> where the return is? Yeah, we're the the
design as shown is we're not going to be disturbing those cedars. Um so um that was that was that was the idea of this uh redesign. >> Okay. So you wouldn't mind a condition that if something did happen to them, we
would have them replanted? >> Absolutely not. No issue with that. >> Okay, perfect. And just just to confirm >> where you have it angled, you're going to plate the wall from behind
>> from the seawward side and then attach the dead men. >> Yep. We'll drill we'll drill drill through the wall. Um, so the only >> the only disturbance on the C seawward side is some guy walking around, you know, depending on the time of year, maybe in waiters and uh put a put a
plate there and you know, the workers from the landward side will uh push a steel rod through. Um, and then tighten it up with a nut. Um, and you know, usually they have a uh um a turnbuckle uh in the middle of the uh tieback. So,
you know, we're really really limiting the any any work in the on the landward on the seawward side rather. >> Great. I appreciate that. Thank you, Chuck. >> That's all, Mr. Chairman. >> Thank you. Anything to add, Fallon?
>> Um, the only note I see here, I don't think that's been brought up, is um the time of year per DMF that was just added April 17th comment. But other than that, I have nothing to add for this.
>> Thank you. We'll open it up for commissioners. Ron, >> hey Chuck, that's a I just want to congratulate. That's a great idea with you or Jake's come up with that corner and a turnbuckle to eliminate all the concerns of us and the and the commissioners and the neighbors. So, um,
good job. That's all I have. Thank you. >> Thank you, >> Dan. >> So, I got what are probably minor issues. Um, just so I'm looking at your old plan and your new plan and just on the plan in you have the same date. So I
just don't want anybody to get confused about revision. The second one that you issued today has a second date on it which is inconsistent with the main date on it. So maybe that's the way you do things and I just don't know how you guys read it. But the first plan says March 3rd and the second one says March
3rd but in the upper leftand corner it says 41. So, and the first one doesn't have a date in the upper leftand corner, but just so people don't ever get confused about which one you're referring to. >> Correct. Yeah. So, the revision um we we keep the main uh date on there and so
that way and then we add the revisions just so that way people can like look back sequentially. Um I know that we have the revision date on the bottom right. I don't see one on the top left. Is that what did you see? So, you're never going to be able to see this in my picture, but you have right
up here by your change orders where your date is. >> Yeah. Yeah. Yeah. Yeah. Okay. Top left of the uh title block. >> That's your new date. Right. Okay. Um in the last discussion, in addition to what Fallon said, DMF had a couple of things, right? They had the that time of year. I
think they they insist on the silt barrier, and I think that they also >> limited the time of day you could do work to low tide. And I just don't know if those comments were incorporated or will simply be in the orders and conditions or where or where they'll be. >> I think that uh Jen had said that they
would be just included in the order. Um, but I don't want to speak for Jen. I'm all set then. >> All right. Thank you, Jen. >> Yes, Mr. Chairman. Just jumping in here for a second uh to go Dan for your first question. We they we always ask that the
engineers keep the original date on the plan and then in your orders of conditions we do cite the revision dates. >> So as Chuck says it it's a way we can go back and and reference different plans and everything. So those revision dates are cited.
And second, yes, I do believe Chuck, I said that there might be a silk boom condition and a time of year condition and a time of tide condition written into the order um that governs the work. >> Thank you. >> Thank you.
>> Thank you, Steve. >> I think Ron hit the high points that I would have. So, um, thank you for addressing the concerns and once again for the staff and engineers working together. >> Jim,
>> yeah, Jen, am I on this forum? >> I don't remember this. >> Uh, hang on one second, Jim. I'll tell you in one second. No, you were not, Jim. >> Thank you, Ronnie. >> Thank you, Chuck. I think it's a good resolution of the problem you have and
there's quite a bit of erosion south of that and these people have a right to protect their property. How long it's going to last? I don't know how a question. How deep is that return going? >> Uh deep into the ground or
>> um I'm I think that I just showed it to be running uh driven to the same depth which is uh elevation 11. Um >> okay, that's all I got. Thank you. >> Thank you. And uh I don't have anything
further. So Jen, anything in the chat? >> Nothing in the public chat, Mr. Chairman. No hands raised. >> All righty. >> Make a motion to close the hearing and take it under adisement. Driscoll
>> Baldman second. >> Got a motion in a second. Any questions? Hearing seeing none, I will call the role. Ron >> Driscoll I. Dan >> Bshai, >> Steve, >> I >> Jim, >> Jim Zo,
>> I'm out. >> Oh, Jim. Yeah. Sorry. Ron >> B and I >> and Duffy. Motion passes to close the hearing. Take it under advisement. Thank you, Chuck. >> Thank you. Appreciate >> it. >> Next. Brian Mclofflin found with Pier
737 Inc. 110 of an AB has been continued to the sixth. Mr. Chairman, did you skip 37 Deep Pawn Road? >> I did. >> I did actually. Wow. Sorry. Uh, >> okay. >> Next, we have Seline and Michael or 37
Deep Bron Road, Falmouth, Mass for after the fact permission to construct a shed, a deck extension, and to install mitigation plantings. Jen. >> Yes, Mr. Chairman. I'm promoting Tyler Jendro from Environmental Landscape
Solutions to present his project and I believe for the record I don't believe >> we did not open this so everybody is on the quorum. Good evening Tyler. How are you? >> Good evening. How are you?
Uh for the record, Tyler Gudro, Environmental Landscape Solutions, representing the applicants, Michael and Selene Ort. Uh this is an after the fact filing for a small deck extension and a shed. Uh if I can share my screen, I'll
open the plan. Um, so the client was conducting some tree work that was previously approved and staff found the shed and and the deck extension. So the client's coming before you uh within after the fact to permit it. Uh there's two portion
there's an existing deck and walkway that was uh there. Two portions um were added. the portion closest to the resource area will actually be removed and uh we'll be replanting. Um and then the area closest to the house will be
remaining. Uh additionally in the outer area is a 101 ft shed that we're proposing to mitigate for. Uh we received uh comments from NHSP and had a
no take um during the sitewalk and uh with staff comments. We located some mitigation along sort of a woody area to kind of continue that that woodland edge and per staff comment they wanted a bit closer to the resource area. Um there's
plenty of areas on both sides of the the boardwalk um that we could kind of line it up um and we can work with staff to to come up with a revised plan for that. But pretty straightforward. Um they're minor improvements. We think the mitigation is an improvement over um
removal and we're happy to take any questions. >> Thank you Tyler Jen. So, Tyler, you're saying that you'll take the mitigation and put it on either side of that boardwalk.
>> Yeah, Morris, we'll work with we'll probably talk with the client. Um, there's plenty of space on either side, so we can kind of discuss with them how they'd like to do it. I know there's a little bit of a discussion about the trees on the northern part. We'll probably pull it down a bit. Um
but more there's 500 square f feet of mitigation and there's plenty of of space in those two areas. >> Yeah. My concern is just there like it should be closer to the resource but then there's cutting that's being done there. So I don't want to see this this mitigation cut if we do put it in in
front there. But I'm also afraid that it's maybe a little bit too shaded on that north side. >> Yeah. I mean there's there's some woodies. I I think it's more to your Yeah. I think as you get closer to the water, there's going to be some sun that comes in just behind those clea. We
actually have some a lot of clethra in there as plantings and some other woodies. Um, >> but I I think it's kind of a a challenge in most mitigation is it's like there's you want to get some some woody plants, some like a little bit more sun, like a
little bit more shade. So I think um if we lay them out appropriately along the top of that bank um I think it should be successful. >> Okay. Thank you. >> Thanks. >> Um and then one other thing I think we
were questioning the the sweet spire. Is that native to Cape Cod, Massachusetts, New England? >> Yeah. So we it's a northeast native. Um, so we typically we use it in our our uh our plantings. It has pollinator habitat. Um, it depends on where you
source your information from. Um, we we're happy to remove it if the if staff is more comfortable with the the other um species and we would just continue that 32 to meet that four feet on on center. >> And let me just check one thing.
the virgin. >> Okay. Uh, I'll think about the sweet spire. Thank you. >> Yeah. >> Fallon, anything to add? >> Uh, nothing to really add. I think Tyler and Jen kind of covered all of it, but
definitely happy to work with you, Tyler, to rearrange some of those mitigation plantings. >> Great. >> That's it. Thank you. the view. I'll take comments from commissioners. Ronnie, >> I have no questions.
>> Dan, just to know when I was out there, there was a couple of kayaks on the right on the edge of the water. So, just in terms of much like no longer trimming plants, those there needs to be a note that they have to be stored elsewhere.
Steve, >> no questions, Mr. Chairman. Thank you, >> Jim. >> No questions, >> Ron. >> No, I'm all set. Thank you. No questions. >> Yep. I'm good, too. Uh, anything in the
public chat, Jen? >> Nothing in the public chat. >> All right. >> I'll make a motion. If the staff is happy with uh moving to mitigation and working with them in the future, make a motion to close the hearing and take it under adisement. Driscoll
>> Bman second. >> Motion in a second. Any questions hearing? Seeing none, I will call the role. Ronnie, >> Bman, I. >> Dan, >> I. >> Jim McGrath, I
>> Ron, >> and Duffy I. Motion passes to close the hearing to adisement. >> Thank you all. >> Thank you. >> Thank you, Tyler. >> Have a good night. >> Pen go. Good night, Ty. >> Okay.
And like I said, Pier 37110 has been continued. Next, request to amend an existing order of conditions. Maria and James Cwley, 29 Miami Avenue, Falmouth, Mass. Request to amend the order of conditions for mass
DP number 25-4722 to raise an existing single family dwelling, construct a new single family dwelling with attached garage, install a pool, and install mitigation plantings. Jen.
>> Yes, Mr. Chairman. We are joined by Tom Bunker to present his amended project. Welcome back, Tom. >> Thank you. Thank you. Yes. For the record, I'm still Tom Bunker and I'm still a land surveyor with BSS
Design. And I will still share my screen if I may. >> Go for it. >> Describe. Oh. Oh, yeah. Also, Maria Hickey will be on here too if she's in in the uh in the waiting room. Okay. This this project uh was issued a
order of conditions um four years ago I believe was uh under a different name for Mark Comtock. Um, this is now the order was issued in the name of
Mark Comtock, but the the Crowley's James and Maria Crowley are the now the owners of it, and they've come up with a a new house design and a uh which includes a pool. So, this property is in
uh the Heights on sort of the north side of the Heights uh on fronting on Little Pond here. And there's a large area of salt marsh at the bottom and uh some little pond comes in there.
It's title. Uh the velocity or the the flood zone rather comes up onto the property. Uh one it is the velocity zone up here. Um, and the Falmouth velocity zone is 25
ft back from there, just almost hitting the corner of the existing house. And the rest of the lot is in the A zone, AE elevation 14. And the lot is uh at its
highest about elevation 12. There's a 12 contour running through here. So, it's uh 2 ft in. The house cannot have a basement. Uh the floor of the house has to be at least 2 ft higher. So we have
that up elevation um 16 16.1. So it's just a little more than 2 ft higher than that. Then um two feet higher than the flood zone.
And there's Coastal Bank, a rather defined obvious Coastal Bank running around here. Coastal Bank in the velocity zone is a 50-ft zone A. So that goes back to here. This this
line back here because that that flood zone comes back uh in this location uh zone A. And then there's a 100 foot uh or the remaining 100 ft the remaining 50 ft of the 100 foot buffer of the coastal
bank zone B uh back to here. So almost the entire lot is within um A or B. Um the you can see the red or orange outline here. The existing house is all the way
up here. uh much closer to the coastal bank and all the resource areas than we're proposing. This is the proposed house further landward. It's larger, but all of that extra sizes in zone B of 2:1 mitigation.
there's a uh reduction of 161 square ft of coverage in zone A and that's you know including the uh swimming pool in the uh in the coverage and so the uh the mitigation calculation
comes out uh 1300 square ft total of of uh increase as I said it's it's in zone B because there's a decrease in zone A as a 2:1 mitigation
ratio. Um so we have 266 square ft of mitigation planting here. They have three native trees across the top here. Another
native tree here on the uh Maria identified several uh uh oak trees along the bank here and here and here that uh are in poor shape. I've had the
damage over the years and they they they're unhealthy so they they should should come down. Another oak tree back here which is just would be in the middle of the house. Uh staff commented on the proposed plan that this oak tree
here is uh you know within the 10 feet of the garage and we should mark it to be removed. We can certainly certainly do that. Um I will go over the the staff comments
and our responses and after that Maria will will take it from there and fill in what I missed. Well, the first comment was about that oak tree right here, and we can mark that to be removed. Uh, we have a new native tree coming in right near it. Um, a question about who will
be doing the uh the the spraying that will be Maria. Um, Vicki and Associates. Um, although she has more to add about that, that what they will be spraying does not require an herbicide license.
Uh Maria can comment about the the seawward extent of the proposed invasive species removal and Maria Hickeyi Associates will be doing the removal. Uh and that will will not be in the area of the um
the uh the ground that's that's down here. Um, you can explain more of that, but the uh one one comment B Maria had said was that the uh the the herbicide just
doesn't work on the um the IV well anyway. And so I think a lot of that will be uh taken out by hand. Uh Vista Corridor at the moment certainly we're not going to um suggest one. The canopies of those
trees are are high. Um they can look over we can come back later with an RDA if if they feel they need a corridor but uh um we felt that just a corridor is not needed this time. Um
the patio um they the staff felt that there should be a walkway over from these steps to the patio. I can uh I should be able to
make the uh Hold on a second again. I'll just show you a couple uh pictures of what what Maria Crowley had in mind to show that people do have
um there's one. So, here's one and there's the uh second. So, that that's what they had in mind. There's these are I don't know if they're two different pools, but two two pictures of a pool with a you
know what's being proposed a uh a little edge coping around around it and lawn um uh beyond that with with no no walkway. So that that's what's being proposed. So
feel that um that this is what she wants to do and uh she'll uh enjoy it um if it's built this way. Uh one of one of one of her comments was that the stone patio around there always
gets hot and she enjoys walking on lawn more so than than the stone. uh staff suggested uh this is a comment made in my first hearing about uh cutting mitigation uh in half or or
dissecting it somehow with a fence. And so here we have a fence cutting through and u staff suggested or asked if we could do a an automatic pool cover and um yes we can. I can put in a pool
cover and then a fence will not be required. Um the mitigation up here, this is uh in an area where there's there's a old cesspool. It's not lawn, but there's an old cesspool, some liies
or you know dillies and things up here. And um we felt it was a a good good place for mitigation, not not restoration. Maria can have more to say on that. Um it's a small area
and then uh two more trees staff recommends these uh two additional trees. I think I'll leave uh leave uh Maria to uh talk on that if she would like to and then uh after Maria um
says her piece and we can answer questions. You want this up Maria or do you have something to put up? >> That would be fantastic. Thank you, Tom. >> Leave it up. >> Yes. >> Okay. >> Good evening everybody. For the record, Maria Hickeyi from Maria Hickey
Associates Landscapes. Happy to see you all and um I look forward to presenting this project to you. The current existing conditions on this site um we are going to improve upon starting
with you know removing the house where it currently is and situating it further away from the resource area which is always a nice thing to have happen. Um which reduces our activity in zone A. Um, I'm gonna jump right in with the
swimming pool um concerned. I have a pool myself. Every all my siblings have pools. Those of us in our family that have grass around the pools fare better than I have patio around mine and you can't walk around the patio
unless you have sneakers on. The stone just gets too hot in the sun and it's um not enjoyable. My brothers that have grass, of course, they're always, you know, teasing me about I'm the landscaper. I should have known better to put grass in because it feels much better on your feet to walk with grass.
Um, uh, Maria, who owns this house, has had a number of properties over the years that have had grass around the pools and ones that have patio. They far prefer having grass. They just they don't want it to look commercial. They
love the look of grass and flowers and more of a naturalized state. Um, and the the picture that Tom brought up really represented that well. So, um, I think at the end of the day, we have to remember the people that are living in the house
want to enjoy their their pool and do what is most comfortable when you're walking outside. Um, so I have no problem with them wanting grass around the pool. Um the bank where it shows the mitigation plantings is full shade
because you have a really large canopy of trees. If you look all within the coastal bank um this whole area they're very very large oak trees and when they're foliated it's full shade. Um and I know one of the concerns with staff is
that they didn't want the three trees on the north lot line. They wanted them moved into the the bank into the mitigation area. And just my response, and this is what I do every day, seven days a week for over 30 years. When I
plant and locate trees, I do it so they're going to thrive. And it's very Cedar trees love full sun. And to plant them in a fully shaded area, they're now competing with trying to find sunlight.
uh the dense canopy overhead doesn't even give them room to grow up. Um so we're putting them in a situation to fail and it you'd be chasing disrupting um resource area by replacing a dead
dead trees. Um whereas there's limited understory out here right now and it's a perfect place to do a dense understory um you know of shade loving native shrubs. I did have um
the pleasure of meeting with Alyssa a few times on this project before we submitted our notice of intent application. I wish she was here tonight so she could acknowledge that we talked about this and she agreed um that it'll be nice to
have a thickly vegetated area that thrives in the shade instead of just trees which it is right now. Um, as you go further down the coastal bank towards uh Little Pond, there's a lot of ivy. It's all on this
bank and it goes about halfway down the hill. Um, and our limit of work of removing that ivy is going to stop halfway down the bank. It won't even get anywhere near the marsh or the bacus plantings. Ivy has a shiny glossy leaf.
So when you spray any kind of herbicide, even something as simple as glyophate, it rolls off the leaf. So then you have to put sticker or a surfectant in to try to help it stick to the leaf of the
plant. Again, with a glossy waxy leaf, it's far less effective. And then you ended up putting a carcinogenic herbicide in your ground, which is so close to the pond. um this pond already struggles struggles
with, you know, septic failures and everything else as I'm sure you're all aware of the big um push in the Marav Vista area. Everyone's hooking up to the town um sewer. So, we're trying to limit any additional
runoff into a very sensitive, fragile environmental area. So, English ivy is fairly easy to remove manually, and we don't find a need really to treat it
with herbicides afterwards. It's an easy manual pull. We're going to densely reveate the hillside so there won't be any erosion. And then all of our mitigation plantings that are going up around the pool um will be suited for
shade areas. And um yes, there's three oaks in um this hillside. Two are completely one's completely dead. It's on the ground. Um another one is dead. It has no foliage. The whole thing's covered in ivy.
And the third one has one viable limb on the whole tree. The rest of them are dead. They've broken off in the winter storm. So there's giant cavities, which is an opening in the tree. So when it rains the water goes in the tree further rots the inside of the tree making it a
structural danger to falling you know um hurting people. So that's an easy remove and replace. Um some of the other um concerns that staff had that uh Tom was kind enough to
address. I'm going to again re reiterate um the reason that we have our mitigation trees on the sidelines. It it hasn't have anything to do with view preservation. It has to do with we're locating the trees where they're going to thrive
and they need sun to um thrive. And we have such a dense canopy and Alyssa had agreed with that down in the bank that to put trees there a takes up ground space where then we can't plant our native understory which
is completely lacking of and b you also have interference with roots from the mature trees, nutrients from the soil, rainwater when it rains because it's going to have a hard time penetrating the canopy of the trees when they
foliate out. Um, so we want to keep the trees where we have them on the site plan. Um, the whole side of the house currently is most of its lawn. There's like two FYIA bushes and a little um section of dilly. The section of ivy
that was um referred to in the staff report. It's a very small area like approximately 12 square feet. The brunch of the ivy is in the coastal bank. Um, so our mitigation plantings are going in
the current lot areas. Um, there's not going to be a fence because the pool comes with an option of an automatic pool cover. So, when we got your staff report, I immediately called the client and said, you know, we need to include that on the pool, the
automatic pool cover. when you have the automatic pool covers, um it removes the um regulation of having a fence around the pool. Um and it just works that way better. We we don't have anything bisecting our planting areas. Um I'm
trying to think if there's anything else that I wanted to include just other than what Tom said, their concern of the 14inch oak in the Bzone by the proposed garage. She's just going to list that on the plan to be removed. Um, and we will
be doing all the invasive removal, um, tree removal, >> site prep, and planting of every native shrub. I'm very hands-on. Those of you that have come to my work sites can attest I'm the dirtiest one on the site.
I jump right in. Um, with that, I'd be very happy to answer any questions that you may have. >> Thanks, Tom. Thanks, Maria. >> Take that down. >> No, >> you can. >> No, please don't. >> Okay. >> Okay. Go ahead, Jen.
>> Oh, thank you. I just didn't want Tom to have to take it down and put it back up. Okay, Tom. First, you're going to remove the pole fence. Thank you. Second for you, Tom. Can you relocate some of the
mitigation that you have within 10 ft of that pool and maybe put it on the south side where you have the word proposed lawn next to the drywall? >> We will move mitigation however we have to. Yes. >> Thank you.
>> Thank you. Maria, your methodology says you are going to be using a combination of manual and mechanical means to remove three dead trees and the black oak and non-native vines and
non-native vegetation. Um, and then you're going to use chemical extraction. What are you doing? Are you using mechanical means to get anything out? Mechanical means just see where um proposed lawn and the mitigation plants
are by the pool in that area alone will be a mini excavator because when we take cut the trees down we'll drag the logs up the bank and then put them there have >> What trees are you talking about Maria? The ones
>> Yeah. So there's a dead one that's on the ground. Well it's actually leaning against another dead tree. There's X. There's X's on them. They're right by the path on the north >> in here >> side. >> Okay. >> On the plan up here. >> Okay. Okay. So, that you're going to be
using a a machine to get rid of those. >> Well, actually, we're bringing them up to the machine to get loaded into the trucks. Um, they're not big trees, so they're easy enough for us to cut down with chainsaws and carry them up. >> Okay. the m the only real machine work
is uh the oak that's closest to where the pool is just given its size. Um I need to make sure everything is safe removing it. >> Okay, that's fine. >> Yeah, and I put a picture of it. Yeah, I put a picture of it. But the island at the bank, that's all a manual
extraction. Um >> and chemical. >> I don't even anticipate, Jen, that we have to use any chemicals at all. If we do, it'll just be glyophate, which um a pesticide You need an herbicide applicator license to apply because you are a professional.
>> What on a 2% application on a 1% you don't. >> But why would you be spraying the proper way? I did like cut and trip, >> right? >> You shouldn't be spraying. >> Highly unlikely. >> Highly unlikely. I think I wore it.
>> I don't like the term highly unlikely when I don't know. >> Okay. How about we will not spray? Well, you shouldn't be spraying. That's the point, >> right? >> Exactly. >> I mean, to apply herbicides properly,
they're cut and drip. You shouldn't There should be no spraying. >> Okay. You're making me nervous with the talk of spraying. >> I'll tell you what, I'll never list that in a narrative again. How about that? Because I don't ever want to be any confusion whatsoever. Well, the thing is
is if we're going to use chemical >> right >> eradication, which is perfectly acceptable, it just needs to be the methodology needs to be done properly. That's all. Um, and without the herbicide applicator license because you don't have I thought you said you didn't
have one, correct? >> No, I did for like 20 years. Yeah, I let it go because I've had cancer twice. >> That's fine. Yep. I got it. >> Awesome. And the reason we're putting the trees on the northern property line is because we don't want them you don't
want to interfere with the existing root systems with the trees on the bank. Correct. That's what you stated. >> It's two hand. I want the trees to be in full sun and and on the bank the >> And you said that you didn't want them interfering with the existing root
systems. >> Correct. But you have an 18in oak directly across the property line within 10 ft 5t of that tree. So how are you not inter how are the root systems not interfering it with it in that location?
But if we wanted it on the bank, it somehow the the trees on the bank are interfering with the root systems. >> Okay. So, when you say the trees on the bank, there's a big and I can't zoom in on this on my thing, but there's a there's a couple of really like massive
black oaks on the south lot line. >> Um, and that's where assuming that you guys wanted me to put these trees. Um, and >> why would you assume that? >> Well, it said put them like in the middle. That's your, you know, if you're heading towards >> that's the middle is the middle. The
middle is not the south lot line. >> Okay. The first and foremost, the primary reason that we don't want to put the trees in this area is because it's full shade and the canopy is already dense and overcrowded. >> Okay?
>> And I want to plant them where it's sunny so they thrive and they look wonderful and they just happen to be all smooshed on the northern property line. Okay, we can discuss it during deliberations. I think that's all I have. That tree near
the garage, Tom, that has to go. >> Yeah. >> Um, Maria, your mitigation plantings, you're only planting sweet pepper bush, winter berry, and berry for shrubs. >> Correct. I can put some viburnum in. We have no problem doing that either.
>> Well, what I'm thinking is where you I mean that those those shrubs aren't that far from that pool. And those those types of shrubs, I mean, they're I mean, they got 10 ft and that's to the pool. That's not even to
the pool edging. So, Tom, please look at that and reo that. What I'm afraid of, Maria, is that the plant you've chosen, although native, and we do like, so I appreciate that. >> Yeah, >> it it's they're going to be very overpowering
for the pool. So the pictures that you showed with this nice large lawn area, this open area around the pool when you have, you know, winter berry, bay berry, those can get pretty big. So
I'm just wondering how how that's going to be with the pool. I mean, >> you're not giving yourself a lot of room around that pool. >> And that's what I'm concerned with. So the first um two or three rows
closest to the pool I was planting to plant plethora because they don't get as wide in girth. They don't shoot the underground runners. Um it's a little frustrating because the plant list we're limited on our varieties. So I'm trying
to match my sight conditions with what's >> Don't blame the plant list, Maria. We've seen you use other species before. Don't blame the plant list. shade loving plants also would include uh viburnum which we have no problem
>> get very big >> they get really big >> the north lot line I can fit some in there even the south lot line I can fit some in there >> don't have a problem with that at all I just feel like um so the baby berry and
the winter berry I know you don't want to see a monoulture of one type of shrub No, >> if I could, I would. I'd just put all clethra in there because I feel like it's not going to encroach on the po on the pool. I'd rather not use comp uh
sweet fern, you know? I don't think it's a great great plant. I don't want to use rosa virginana or rosa palustrous because they're going to send runners and you'll have thorns >> runners on the feet, >> you know. So, >> okay. I'm just I'm just pointing out I'm just pointing out that it's going to be
you know you you described that your client likes this big open lawn area around the pool. >> In reality once it's all planted and once it starts growing up in 3 years from now it's going to be pretty dense back there. So I just want to make sure
that your client understands that. >> Right. Um, Tom, is there any way anyway to maybe shift the house to give you just a little bit more room back there? I mean, I know you have it at 28 to the
garage. Can you go to that 25 for zoning? Just give you a little bit more breathing room in that backyard with all this mitigation. >> Uh, it's fizzy. I just have to >> I'm just throwing that out there, Tom. I'm just I'm trying to get you some more room back there. Yeah, I'll talk with
Maria Crowley. >> Okay, about that. Yeah, I I mean I just think it's going to be really crowded back there once the mitigation goes in and I'm concerned for the health of the mitigation as well as obviously the the applicant's
ability to to they're envisioning something and I just want to make sure that you know what they envision is you know what's actually going to in reality be planted out there and that they don't feel in like 3 years they need to cut it all. That's That's my only concern is it
just seems to be a little tight and crowded in the backyard. That's why I'm trying to get you a couple extra feet here and there. >> I mean, Tom >> and Jen, I wanted to add, you know, on the um where the steps come down on the
deck, how we have that's like our biggest portion of lawn, per se. And the reason why we made that area the biggest portion of lawn, that's where predominantly the sun is. And it makes sense to put the pool chairs right there wrapped around.
>> Yeah, but you only I mean, Maria, you only have >> you don't even have 10 ft from the pool steps to the to the carving of the pool. >> It's really going to be crowded when you have like a lounge chair that's six feet.
>> When you when you head towards the south where it says proposed lawn, those two sections, >> that's where we were envisioning putting >> the lawn chairs. And when you just said if you can put mitigation plantings over there then that takes away where they
would have and wanted to put the chairs whereas it's more unlikely they're going to have lawn chairs on the side of the pool running closest to the coastal bank. You follow what I'm saying? And if I've planted CL >> there's no room over there for chairs. There's no room
>> and Tom needs to put mitigation there because right now as it's stated he doesn't have like room around that pool. I mean you're putting you're putting mitigation. So So again, you have this pool, you want this big
lawn area around the pool, but you have mitigation plantings that can grow fairly large within within 5t of that pool. that that the whole concept just not making a tremendous amount of
sense to me um from from from the way the project was presented and you know the vision that the client has about this pool and the grass but then we're surrounding the entire pool with mitigation. I I those are my
concerns that's all. Um but yes, Tom, I'd look at shifting that. Just give yourself as much room as you can. >> Yeah, we'll take a look. >> All right. Thank you. That's all, Mr. Chairman. >> Thank you. I think you can stop sharing, Tom.
>> Okay. >> Thank you for leaving it up for my discussion, Tom. >> Yeah, no problem. >> Fallon, do you have anything to add? >> Um, not really. I definitely think more discussions are needed. Um, and I think
Jen had some really good points. All staff's comments in in the hearing and in the staff report aren't to try to, you know, be combative at all. We're trying to look at the future of the property and trying to think ahead and think of all of these different
scenarios to really put uh our our best foot forward with these projects so we're not scrambling down the line trying to figure out different answers. But that's it for me. Thank you. >> Thanks, Fallen. I'll open up for
commissioners. Start with you, Steve. >> Thank you, Mr. Chairman. It's obvious that uh clients want what clients want and um that sometimes makes it challenging for all of us.
Um this particular site's very interesting. the size is with that much mitigation it's just uh well I I look forward to the creativity in
the future and any more comments till then thank you >> Ron >> no I'm also all set I just I understand there's there's the we don't know type the place location the sun the trees there's only there's so many questions here you know I don't think there's any
chance we can close this hearing tonight. >> That's my opinion. Thank you. >> Thank you, Jim. >> I just have a small question. The the existing path in the north side of the property, >> what is that made from? Is that crushed
stone or >> It's just ground. >> It's just ground. Okay. >> I added just a little bit of curve so there's not erosion when you walk down it, you know. >> All right. And that's and that's not going to change. >> No. >> Okay. No other questions?
Dan, >> thank you. No, I have no other questions. >> Ronnie, >> Ronnie, I think you're muted. >> You're muted. >> How's that? >> That's good. >> Thank you, Tom. Thank you. Um,
>> I think Jen brought up a good point. It is a tight lot and I think in the long run if they could shift to towards the west up the bank a little bit it might help things along. That's all I got. Thank you. >> Um yeah, I'm in agreement with uh with
staff on this. I think there's still a couple of questions um and they'll probably need a continuance. So um I'll leave that up to Jen and Tom to work that out. on a possible date to address staff's
comments. >> I'm a little >> I'm a little concerned. Oh, not concerned. Just I wanted clarification of what is the purpose of the continuence? What is it that you're looking for us to do? >> I'm looking for Tom to to to look to
shift the house forward. >> Yep. >> We need to rearrange the mitigation there so there's appropriate uh uh appropriate amount of space under uh around the pool. We need a note for the pool cover. We need the fence taken
off the plan. Um I need a revised narrative from you, Maria. Maybe just more specifically the mechan like you're going to remove the the IV by manual. You're not going
to you're not going to do the the the chemical if you don't have to. And maybe if you do kind of give me a methodology of what you're going to do. Um I I really am troubled by the word spraying. >> Yeah. >> Um >> not a problem. >> You know, and then if you do need to use
I understand that you need to use a mechanical, you know, you need to use your machines to remove trees. Um, so maybe just clarifying that out for us so it's very clear in the record so that when we condition it um we can, you know, we can rely on your narrative and
we don't have to like >> uh really um heavily condition it. Um I think that was it. And I think Tom, you also need to to pull uh put an X through that 14in oak by the garage. We just don't think it's it's going to
work. We're just trying to be realistic here. We don't want you to try to save something and then it comes down and it's an issue at compliance. Like it's going to be it's going to be impacted. Just give yourself room to build the garage. Um, and I'm I'm really just concerned
with the the just the tightness of the law and and I guess just, you know, your your description of the vision that the client had and everything and that's that's causing me some concern just knowing how close all
this mitigation is going to be to that pool. Um, but yeah, like I said, um, that's why I'm just trying to Tom, even if I give you three feet, if you can just give yourself a little bit more room, >> that might be helpful. >> Yeah, we'll we'll work on that. >> Okay, great.
Um, so that's Maria, that's why I think I need the continuence on this. >> Thank you. >> And we have the sixth May 6th A. I know you want to get out there and start planting, Maria. I know. I know. I know you want to get going. Um, but I mean we could offer you the 6th or the 13th of
May. >> Um, I'm not available on the sixth, but I can get you my rewritten narrative in the next couple of days. If you >> Tom, it's up to you if you want to do this solo on the six. That's fine.
>> Um, you'll have to get a revised plan to you in one week. >> Correct. Is that too tight for you, Tom? We can make we can push it to the 13th. >> I mean, I think they'd be okay with the 13th, but >> it's more in Utah.
>> I' I'd be uh better with uh the 13th. >> Okay, that's fine. >> All right, Jim, anything in the chat here? >> Nothing in the chat. And Maria, when you
said you weren't available on the 6, you are going to be in town, though. You're just not available for the hearing. Correct. >> Correct. >> All right. Correct. In case we have any questions. Perfect. Thank you. >> Not a problem. >> Nothing in the public chat, Mr. Chairman. >> Excellent. >> Thank you all. I appreciate all your
comments and feedback. >> Make a move to a motion to continue this hearing till May 13th. Driscoll second. Any questions? Hearing seeing none, I call roll. Steve.
>> Ron. Driscoll I >> Jim >> McGrath I >> Dan >> B Sh >> Ronnie >> Bman I >> and Duffy I motion passes to continue this hearing till the 13th. Thank you Tom.
>> Thank you Tom. Thank you Maria everyone. Have a good rest of the night. Next, James Shaheenagen 21 Davis Neck Road has already been continued. Next, vote in orders of conditions. First, Judith W. Parker, qualified
personal residence trust, 36 Buzzards Bay A, Falmouth, Mass. Jen. >> Yes, Mr. Chairman. Give me one. >> Uhhuh. >> Second. Jen, can you check the quarum on these?
>> Yes, I will. >> Are you gonna have an issue with the copy? >> Everyone's on for the quorum. No issues >> for Buzzard back. >> Yeah, for 36.
>> Okay, let me >> Everyone was here on the 15th. >> All right, thanks Fallen. Let me just find my stuff for 36 second. What I'm doing? Oh. Oh, this is the this is the the the
house. That's two houses. >> Yes. Yes. With the maple trees. >> Yep. Deck expansion. Meditation plants are consistent. Yeah, I think it's just a lot deck expansion.
Little bit of mitigation on the lot. You want to redo the driveway or some rear >> the stones on the pavement or something? >> Yeah, I think we were talking about maybe shifting the gravel for the mitigation. There was a little tiny
piece that needed to be there, but we can take care of that. >> I think Tom showed it in his plan as like a little red triangle. >> Yep. Mhm. >> Yeah, we can put that somewhere else so that that zone A is fully vegetated.
>> Okay. >> All right. >> Vegetated. I got it. >> Anything else anybody'd like to see? >> No, thank you. >> Make a motion to issue an order of conditions as discussed. Driscoll >> Bman second.
Yeah. Motion a second. Questions hearing? None. We'll roll. Ronnie roll. I >> Steve >> I >> Ron >> Driscoli. >> Jim. I think you said McGrath eye. You're
muted. >> McGrath I >> Dan >> Wsh >> and Duffy vote to issue an order decision as discussed passes. Next, Matt Negling 0 Toby Lane, map parcel 41 01 0
0 C0000, Falmouth, Mass. Jen, this was Sally. I think all we need is a plan with
the trees located within like 10 ft of the top of that buffer. Think that's what we're looking for on this one. >> Yeah, on notes I see >> other than that we didn't have many questions with this one. big project but pretty straightforward.
So, >> all right. Make a motion to issue an order of conditions as barely discussed. >> Bman second. >> Motion a second. Any questions? Hearing none. Call a roll. Ronnie. >> Bowman. I
>> Steve and I. >> Ron. >> Disclly. >> Jim >> Grath. I >> Dan >> Walsh. I >> Dan Duffy. I motion to or issue an order of uh order of condition is barely discussed passes.
Next, >> Mike Jackson, Chapitic Yacht Club, 501c3, West Falmouth Harbor, West Falmouth, Mass. >> Got the quorum on this. >> The quorum, >> Bill, Dan,
Ronnie, and Steve read in today for the Minroll. Steve, can you get me that form we sent you, please? >> I most certainly can. >> Thank you. Perfect. decided not to run it down this afternoon.
>> No, it's okay. Whenever you get a chance to bring it down to us for the record, Steve, that would be great. Um, so this is the three floats, West Falmouth Harbor, um, contingent,
uh, Harbor Masters 10A float permit was contingent on Concom approval. Fortunately, we were trying to we don't really have regulations that actually addressed any floats. We were trying to
kind of I think back the project into our dock rags cuz it's the only thing we really had to go on. Um but that really deals with floats in more nearshore areas. Um these are 300 350 ft offshore.
Um so uh shellfish constable did not have a concern given the water depth out there in his did not have a concern with shellfish given the water depth. Um not the right time to do an illgrass survey.
So we don't have that information. Um and we do have some water depth information that shows it's a just about 3 feet water out there. Um, so what would the board like to do?
>> So I'll call on the rest of them in a second. I would my suggestion would be to go with it issue a condition of if the any of those platforms ground is grounded, we just pull them and then that's it. But that's the actual dock
rags anyways and the the float rags anyways by the harbor master. So >> that would be consistent with the harbor masters 108 issuance. Yes. >> Exactly. So that's my only concern is if touching the bottom at this point. So but I will ask um the commissioners who
are on the quorum. Steve >> just issue an order of conditions. I don't have any more questions. >> Dan. So, I think the only thing that I see in the 10A permits that we have any
real jurisdiction over is there's a statement on the town's website related to these things that says moing floods are not allowed in areas of critical environmental concern. And I have no idea who determines that or if that's
been determined in this case. Mhm. Ken >> Dan that is so in an area of critical environmental concern that that that is a state designated area. There is one area in town. It is the WO Bay ACE. ACE standing for area of critical
environmental concern. So that's a state designated area. There is one in town. It's out in a quite bay. >> Okay. So that's the only one that exists. Other than that, I see nothing in here other than the harbor master statements that the town's requirements
and this application don't align, but that's the harbor master's jurisdiction, not ours. So, I mean, beyond. So, I don't think we have any jurisdiction here, period. >> All right. and Ronnie.
>> Well, I have some concerns and how how the regulation got changed at 10A during the middle of this process. So, they filed under an old regulation that they had to adhere to. I I've asked
continually about water depth, which is in question, eel grass and shelfare surveys, which were never never uh addressed. And uh so yeah, I have some concerns. I see >> I think it's a
a battle between whose jurisdiction this is in, but under our juris under our requirements, I don't think it it would it would pass. That's that's my feeling. >> That's my feeling. All right, I will accept a motion.
>> Make a motion to close the hearing and take it under advisement. >> No. >> No. Is your order of conditions as discussed? >> Go see. >> You want to second it then? >> I can't. I'm not on the quorum. >> Ah, shoot.
>> Either Dan or Ronnie. >> Oh, I'll second. >> I'll second. >> All right. All right, we got a motion and a second to issue order discuss. I will start it, Steve. >> And I >> Dan,
>> I don't know. Let me think about it. >> I guess I'm all shy. >> Ronnie, >> I'm a no >> and Duffy. I motion passes 3 to one to issue an order of conditions as
extensively discussed over the months. >> So Jen just just to stand this for a second. So this is good for one year, >> correct? >> We will condition it uh to monitor the grounding out of the floats for that first year. Um but technically the the
the the order is good for three years but we will put conditions in that it has to be monitored so that floats don't ground out which again is consistent with the harbor masters 10A permit. >> Okay which is different than the state because the state says it's a yearly permit.
>> You're looking at the 10A permits under the state. It's a different set of regulations. So our permit our order of conditions three years. Okay, got it. And in the condition being if it hits the ground, is it taken out
immediately or is it taken out at the end? >> We can say we can put it taken out immediately. I think that was the understanding that the they'd be removed cuz they would be at that point be damaging land under ocean, land containing shellfish, things like that.
>> Right. And we'll limit it to the size they have. They can't ask for any additional floats, right? >> We could. Yes. The what we are approving is what they've requested. >> Okay. >> They would have to come back to you under an amendment to request anything
else. >> Okay. Thank you. >> All right. Next, we have Anthony Aini Jr. and Eleni Aini. Ellen Aini, 42 Squid Drive, East Falmouth, Mass. Ken,
>> yes. This is the removal of the patio on the retaining walls to address your enforcement order. Um, uh, we've been working with the applicant and Fmouth Engineering. I think Fmouth Engineering has come up with a good kind of
set of plans on, you know, demolition, sequencing, things like that. Um they have asked for some consideration just given the the amount of work that has to take place and how
we condition it. Um I can do a couple of things. I mean we can condition that the planting. So ultimately what we want is everything to return to to its previous condition. what we can do
so they're not planting in the heat of the summer once all the demo takes place cuz it is going to take a while for the demolition and the regrading of the bank um is that we can give them the option that the plants have to be in by let's
say September 30th October 15th and then that gives them the option they don't have to wait that long they can conduct the work within that time frame Um, and so if they wanted to put the plants in in June and July, they could, knowing
that it it's the end of the summer, but we're going to give them the option that it has to be done by a date certain, but that date certain for plantings is going to be the fall like September 30th, October 15th are perfect. Like those are great planting times.
>> Does that sound acceptable to the board? >> Yeah. Do you want the patio work and the wall work done by let's say 90 days? >> Generous as you can be. >> I mean we can we can say everything but
I think given the nature of the enforcement I think the wall work and the p and the patio work that that I would say that that should be done sooner than later. I mean the planting we just don't want them planting in July or August. But I think for the demo work
and all of that, that can be done by, if I'm going to be really generous, we could give them like 90 days to complete that work. And I mean, that's three months. That should be able to happen. >> Yeah. I don't think any of their um
their neighbors will be very thrilled to have all that demo work being done in July. >> No. So, okay. They'll be doing >> I'll give them 90 days to get the patio and the walls out and regrade it and stabilize with juke matting and then
they can plant in the fall. >> Okay, >> that sound acceptable to the board. >> Yeah. And so, um, the quorum for this is Dan, me, Ronnie, and Steve. >> Hang on, I'll get the quum for you, Mr. Chairman. >> I'm looking at it. I got the packet.
>> Mr. Chairman, >> not not to be silly, but can we make sure that uh we check this the contractor for this job? >> Really seriously, I I am concerned. >> We are going to have preconstruction
meetings with the contractor and all of that, Steve, but we'll make sure that we're comfortable with the contractor. >> Thank you. We've already been having discussions with Mike Borcelli about about different contractors and how we feel. So, >> because there's the neighborhood issues,
shall we say? >> Okay. >> So, we have Bill, Steve, Ronnie Bowman, and Dan. >> Yep.
>> Okay. You need me to make a motion to issue an ordering conditions as discussed. Is that what we're doing? >> Yep. >> That would be lovely. >> Second it. >> All right. We got a note motion and a dis second. I'll call the role. Ronnie
>> Alman I >> Steve >> Patton I >> Dan >> Wall shine >> and Duffy I motion passes to issue an order of discision dis order of conditions as discussed
and vote amended order of conditions William Elizabeth Scandaml 314 Quissit Avenue Falmouth Mass Jen so I don't have to pass through my packet This was just amended to put in
the um the air conditioning unit vault >> and that enormous generator. Correct. >> The driveway. >> Yep. >> Oh, in the driveway. >> Yeah. A little driveway extension to the cabana. >> Yep. Okay. >> That's it. >> Quarum on this.
>> Everybody. >> Yep. >> There's no questions. I'll make a motion to to issue an amended order of conditions as briefly discussed. Driscoll >> Bowman second. >> Motion a second. Questions? Hearing and
seeing none. Call the roll. Ronnie. >> Bowman. I >> Steve I. >> Ron >> I. >> Jim. I >> Dan >> Paul Shy. >> Nan Duffy. I vote to amend an amend
order of conditions briefly discussed. passes. Oh, that was fun. I will accept the last motion. Where would we like to make it? >> Brisco.
>> Everybody's eager. >> I have a motion on a second. Homeman I >> Walshy >> and see you in two weeks. >> Thank you all.