##VIDEO ID:ikvgdSDq1Nc## [Music] good evening welcome to the January 29th meeting of the fou Conservation Commission via Zoom video conference and is also being broadcast by fctv 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 at the moment we're missing one commissioner however we have a quorum we're moving forward just a reminder to the Commissioners for commenting I'll call on each of you in turn so we're not talking over each other and that all votes are done by roll call so when I call your name please state your name and your vote for the record even if you've made the motion or the second to our public attendees at any time during this meeting you may ENT any comments or questions via the chat function at the appropriate time they will be read into the record as a as an attendee if you'd like to participate in a specific hearing let us know via the chat function then at the appropriate time I will call for public comment when you are selected you will be moved into the hearing as a participant as such you must have your video enabled be succinct and respectful of others public comments will be limited to three minutes each regarding rdas under a request for determination of applicability the applicant is asking the commission to determine if the provisions of the Massachusetts Wetlands protection act and or the fouth wetlands bylaw apply to their proposed project a negative determination is that the provisions of the act and or the bylaw do not apply therefore the project May proceed as proposed a positive determination means the provisions of the act and or the bylaw do in fact apply Andor may require some conditions therefore the project would require notice vent application so as an applicant you want to hear a negative determination chair what I know it's not on the order on the on the agenda but I would like to thank Mari Hawks for a lot can I can I do my introduction all right on she's not here though that's what stinks I was hoping she'd be here go ahead all right so just a little bit of old business as you guys know we suffered a glitch last week on Zoom been the first time in five years using Zoom so not too bad and we believe we have the issue remedied so we're confident there will be no repeat I want to thank the last week's applicants for their patience and understanding we appreciate your working with us and willingness to continue your hearings for a week thank you to my fellow colleagues for attending tonight on which should have been a night off for our volunteers a Welcome to our newest commissioner Russ Robbins a familiar face to some thank you for your commitment Russ and a big thank you Courtney to our departing commissioner Mory harlo Hawks thank you for your commitment over the last nine years I wish you well and whatever your next phase of life brings you I wish she was here to hear that hopefully she's listening in because shouldn't have a life all right and a note to our of gratitude to our esteem Board of Select board liaz on basc for his support to this board and helping us to endorse the having him endorse the recruitment of new Commissioners so Bob thank you for that hope you're listening as well all right did I cover everything Fort you did excellent I was trying to get to that before you would but you yeah I'm I'm sorry I didn't hit no no no it's all good it's all good good you know it's nice to have somebody that was here for nine years I mean a lot of us have been here for a long time some of us longer than well she goes back a lot more than she goes back before me well all right and I see alysa's coming in all right we're GNA move forward so first up is devote minutes of January 15 2025 anybody I'll make a motion to approve the minutes from that hearing with any corrections chisco second we have a motion in a second to accept the minutes of January 15 questions comments are all right we're voting Betsy BL fter I Courtney bir I Matthews I Kevin O'Brien I Ron chisai and I skipped over your R because you weren't there there's going to be a bit of that tonight so don't take it personal all right next up is a request for continuance under a notice of intent first up is Donna habber cornberg trusty Donna habber cornberg 2021 revocable living trust 70 Cary Lane thth Mass request to amend the order of conditions for Mass D number 25- 4742 to permit a field stone wall ramps and a relocated masonry wall after the fact Jen yes Mr chairman the applicant is requesting a continuance until February 12th so move fisal second right we have a motion in a second to continue this until February 12 questions or comments we're voting on the continuance Betsy black I Courtney bir ey Matthews ey Kevin O'Brien I Ron jisco ey Russ I it is unanimous we have continued this until February 12th Steve still not in correct okay yeah I'm I'm gonna email him right now see if he's just let me know if you see him before I do y next up our continued request for determination of applicability first up Dwayne and Sharon Billingsley 103 bnes Pawn Road East fouth mass for permission to remove failed cess pools and install a new title 5 sewage Disposal system Alissa staff recommends a negative3 under the state and a negative2 under the bylaw resourc boundaries are not confirmed shall move cisal second all right we have a motion and a second to accept staff's recommendation questions or comments we're voting Betsy blad felter ey Courtney bir ey Matthew's ey Kevin O'Brien I Ron chisco ey Russ Robins ey it is unanimous with this Quorum we have accepted staff's recommendation next up Commonwealth of Massachusetts Department of Conservation and Recreation zero wasper Island map and parcel ID 41- 04- z0000 d002 down with mass for permission to remove 30 to 40 pitch Pines that are dead and declining due to an infestation by the southern pine beetle Al staff recommends a negative3 under the state and a negative2 under the bylaw resource are boundaries are not confirmed so move just second right we have a motion and a second to accept staff's recommendation questions or comments we're voting Betsy black filter ey Courtney bir ey Matthews ey Kevin I run Drisco I Russ Robins ey it is unanimous we have accepted staff recommendation next up Joe Hosford 8 Rice Street B with mass full permission to construct two Dormers Alissa yes staff recommends a negative3 under the state and a negative -2 under bylaw for the Dormers um aspect of this project and we recommend a positive three under the state and a positive two under the bylaw for the unpermitted shed on the site and I can elaborate please do yes so this project um came before us and we did some research into it through looking at previous permitting and Aerials as we usually do um there is a shed on site that wasn't installed without a permit um the reason we're bringing it to you is it is currently located uh in a velocity Zone um we do know that the Commission in the past has not permitted sheds in velocity zones but you guys have given some great consideration as to um kind of quote unquote what can take a bite of the apple on each property in terms of the allotted 200 square F feet before requiring the structures on the property to be compliant with um FEMA flood zones um so we have um been working with the homeowners they have acquired an updated site plan that does show this does indeed fall within the velocity Zone um they are here tonight to advocate for themselves um being a velocity Zone project but also considering your recent discussions um if you were interested in um going out to the property continuing this so you can go take a look um please note that the shed will require mitigation if it's allowed to remain on site which might bring this to the level of a notice okay thank you for that so my two cents um I don't think this should be something that go to a notice that's just my opinion I think we my opinion I would be okay with it with mitigation um at the very least I I say we should continue it so that we could look at it if if everybody feels that but um again that's that's my opinion this could be kind of clean but Jen administratively we're we're looking for two different things here we're going to vote on the Dormers we're voting on The either a continuance or a positive correct or you tying them together you can't really tie them together if you just gave us two options go ahead sorry no it's okay I'm thinking about this I've never done this this way before um both the negative on the Dormer so it can go through and we'll continue the shed portion of it and we'll and you can go out and look at the shed that's a good idea how much mitigation would the shed require it's in the zone a to the salt marsh correct Alyssa yeah that's our problem yeah so it would be a 3: one I believe the shed is 80 squ feet according to the what you sent us correct yep is there a place to put it yes the mitigation that is okay so it's really a matter of hold on Courtney it's really a matter of if the if if the homeowners would be willing to do that right correct um I let me see here Jen remind me um for some reason I thought the homeowners were here to Advocate to keep the shed but perhaps are we have a Francis St with their hand raised and I going to promote them as a panelist Mr chairman all right before you do coordinate what do you have uh my my concern is um with the shed is uh yes we can tell them we can we can say yes you can have the shed you mitigate 3 to one but it is an RDA how can we enforce that that's the issue with RDA conditions go with the deed these don't yeah well and that's a concern all right hold that thought um Jen the stor are in Mr chairman okay and Steve's trying to get in right now I'm working with him okay Mr Mr stor would you like to speak yes we are I guess initially we were building a dormer just for ventilation on the on the house uh we we weren't aware that that the shed violated a Conservation Commission laws uh we looked at the building laws and and and didn't see anything on it and we apologize for that I wish we had known uh but we are willing to do whatever mitigation is is necessary we uh we love the site we have a nitrogen reducing uh uh system on the site we we we contributed to to buy the land in back of us so that no building could be built so uh you know we're uh we're committed we're committed and we love the place so just tell us what we need to do and uh we're uh we'd love to comply excellent that's good to hear thank you for the dite system all right so I think the cleanest thing procedurally would let's vote on the Dormer which is recommended as a neg3 and a -2 then we'll vote um I would assume at this point on the The Shed which would for the moment would be continued I'll make that as a motion yeah that's all right but again it's two separate votes just to be clear the second all right so the first motion and second is is to allow the Dorma which is under a negative3 negative -2 we clear on that yes okay we're voting on that Betsy well f I Courtney bird ey Matthews ey Kevin O'Brien I Ron Risco I Russ Robin's ey Steve still out okay so it's unanimous so um for all practical purposes we're allowing the Dormer um at the moment the next motion and second I'd be looking for is um I think what we want to do is continue the piece on the shed so if anybody wants to go look at it and we can make a a a more informed decision U next time does that sound fair to everyone I'll make that as a motion all right all right we have a motion in a second to continue this I'm sorry Jen we have a date for that we do it next week or we can do it on for the 12 yeah I would say um me one second Mr chairman really small um I guess we could do it next week well should be kind of if the board has time to go out there well we have other ones that we have to go to next week anyway right yeah yeah so I'll make that as a motion continue with this till next week or second okay analissa I think you sent us the information already Fallon did yes oh I'm sorry Fallon did thank you Fon okay so the motion and the second on the table is to continue this to next week last call questions or comments all right Betsy blad filter I Courtney bird I Matthews I Kevin O'Brien I Ron risal Russ Robin Z all right it is unanimous so we've continued to piece on the shed until next week Mr Mrs Thor so you'll be seeing some of us visit looking at the shed and admiring it thank you thank you for participating okay thank you next up Joshua Cardoza 40 Man Mary Manuel way found with mask for permission to remove vegetation and conduct grading Alissa staff recommends a positive three under the state and a positive two under the bylaw resource are boundaries are not confirmed and I can elaborate please do so this thank you uh so this is a um currently undeveloped lot fully wooded the proposed project is to clear the entirety of the Zone b um typically we don't see these types of proposals under rdas first and foremost we don't tend to confirm resource area boundaries and delineations under rdas um I say that sort of in our Spiel you know every week um and in doing so we typically also don't see entire Zone B's cleared because we're assuming the Zone a is you know naturally vegetated um something we also tend to see under a notice of intent because we tend to condition that um to make sure they don't go into the naturally vegetated Zone a um staff had originally advised this project should be filed under notice of intent but we have it before you tonight as an RDA um Jen and Fallon did go to the site to um look at the delineations and there were um discrepancies um some Flags did not match some didn't match the sheets given to us um so just as we've seen typically The Zone B clearings assuming the Zone a is fully vegetated we tend to see under a noce of intent this been continued many times hasn't it yes we were trying to get more and more information um there was a discrepancy on the plan that noted that the original data for the data sheets was from 2008 um so then they said no we did it more recently but that wasn't getting changed and then we didn't have that information and there's a lot of back and forth okay so the uh recommendation on the table is for a positive three and a positive two and um that there should be a a notice yes okay comments or questions all right what are you thinking folks so I'll make a motion to accept staff's recommendation of positive determination O'Brien second excellent all right we have a motion and a second to accept staff's recommendation last call questions or comments we're voting to accept staff's recommendation of a positive finding Betsy lad filter I Courtney I Matthews I Kevin O'Brien I Ron bisc ey Russ Robins ey Steve still it is unanimous with this quum we have accepted staff's recommendation thank you th if I skip over you don't don't take it personal still getting used to uh next up Douglas H and Christen Sherer 30 Chapa Road fou mass for permission to install mitigation plantings in accordance with mass D number 25- 3874 Alissa staff recommends a negative3 under the state and a negative2 under bylaw resourc boundaries are not confirmed bir so move Jal second all right we have a motion and a second to accept staff recommendation questions or comments we're voting Betsy M pter Ry Courtney bird ey Matthews ey Kevin O'Brien I Ron J ey Russ Robins ey and Steve still out it is unanimous with this Quorum we have accepted staff's recommendation thank you Alysa and Fallon next up our continued requests for hearing under a notice of intent all hearings of the F Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetlands protection act in the fou Wetlands bylaw although a single decision of the commission is issued it represents a separate decision under each Authority as a reminder for public commenting public commenting is limited to three minutes so I encourage you to stay within the purview of this board which are the rules and regulations of the wetlands protection act and the fouth wetlands bylaw and how they pertain to a particular application the chair reserves the right to stop any commenting that is disparaging or inconsequential to the hearing and a reminder that hopefully all the engineers and applicants are up now um last week we had a problem with our with our Zoom communication so we had to continue everything so just want to say thank you again for working with us accepting the continuance and even though it's a week later again we appreciate it first up is Jeffrey vogle 47 Lakeshore Drive heast found with mass for permission to construct the deck install a flagstone walkway and construct a staircase to the pond Jen yes Mr chairman I have uh promoted Mr vogle up to present his project Mr vogle you're up Sir okay uh thank you all for taking the time to review this um so like the description said um my fiance and I purchased this property a couple years ago um there's an existing concrete staircase down to uh Jenkins Pond we're over in East fouth um that has deteriorated quite a bit um you know a lot of presumably Frost heaving and um undermining from soil degradation and it's not safe to navigate down to the water using that staircase now um You can but it's it's not something that I would trust to use or trust for other people to use so we're looking to um get rid of the existing concrete staircase that's there and replace it with a new uh wooden staircase that's on helical piles um if you were able to make it out to the one thing that you would have noticed is just quite how steep the hill is there um so personally my primary concern in in rebuilding here is is um just the Integrity of whatever we're putting here and not undermining the hill and needing to do any you know touch the existing grade more than we have to um we really want to try to reinforce it and keep everything where it is rather than try to um you know dig into the hill and create create retaining structures um so that that's the long and short of it I can pull up the plan if I'm allowed to screen share and and kind of walk you through where we're looking um yes sir to move the stair too so this is the existing site plan um that we were working with Tom Bunker um to get So currently um behind the house on the left hand side here we have a flagstone pathway that leads down to the concrete staircase and down to a dock um which I've been informed by the um commission staff is is not a license dock so that is something that we would take away as part of this project um and we're proposing to take away the whole existing staircase so we would probably break it up take it up off the hill and take it off the site um and I can scroll back up to some photos of that person context this is where we are where this property here in red and this is Jenkins pond so this is the existing staircase that you're looking at here um so not easily navigable it's kind of like rock climbing a little bit right now um so you can see at the top um so what we'd like to do um is take this existing staircase up and then on the proposed plan we're proposing moving it to the opposite side um for us it's primarily a kind of use function of the way that the house is set up when we're coming in and out it's a lot easier and more functional for us to come out this back entrance on the right uh by the shed where we kind of keep things like kayaks and things that we would want to use on the pond um so for us getting up and down it makes more sense to come out of this side of the house uh which is really the primary driver for moving it over here um that and and there's a pretty significant amount of low growth vegetation kind of between the property line and the existing staircase that we were thinking was best not to move uh or try to work between so the idea is that this new staircase would navigate the hill using switchbacks because the hill is steep uh and avoiding trees um you know any significant Tree by kind of switching back and forth like this um we have a small atg grade deck where we'd like to put an outdoor shower ideally um again it's kind of a functional thing keeping the house clean that's where we come in and out so um replacing the staircase that's there and then we're proposing a flagstone walkway between the two to make that connection uh most of the work is in zone a the 75 ft buffer which you can see here so it's 3 to1 mitigation and a small amount of the deck is in uh Zone B um total it was roughly 900 squ feet of mitigation which um we would propose takes place as much as we can in the existing uh Hill again I think it would help stabilize it and it's a little tough to see but what's in the middle of this hill now because of the large tree canopies is um besides this low growth vegetation that's marked on the plan here there's not a ton really in here um so again you know we want to make sure we're doing this the right way and and we're very open to feedback and recommendations about how to do the mitigation plantings and what's the best method for all this so um that's the long and the short of it if I missed anything significant let me know I'm happy to talk about anything more but I don't want to take up too much time we appreciate that you can stop sharing for the moment please okay Jen yes Mr chairman we'll need a continuance because there a few um housekeeping issues with the plan that we need a few things changed on the plan um to match either Tom's plan or your plan one or the other some of the plans need to change um the um at the top sir you said there were no trees that being removed but clearly there's a big tree right at the start of your staircase I mean you're putting a pretty big structure on this Bank um is there any way to maybe um are you going to be taking that tree down going through the tree going around the tree I that that one you know is one of the small trees on the bank and we were proposing to take it down we we could reroute the beginning of the staircase and maybe flip it to avoid that um if if it's a significant piece of what's there um I can see if I can find a picture of what's up there it was on the staff report they know where Tre it is okay great yeah we had it on the staff report um and then why I think we have concerns of if you put your um plan up of the staircase again so the landing where you have the number oh God Steve I'm still working with Steve Mr chairman um where you have the 3.8 where that 26 inch oak is y right there why can't we go straight into the water why do we have to put all that extra that switch back and all that extra structure and then that other Landing there which looks like a deck right at the edge of the water it's a height issue because the water is at roughly 18 feet above grade and this Landing is at 30t so you're you're 12T above the water so you just don't have enough space to go straight down to the water oh at the bottom this this is you know landing at the bottom of the stairs I I put here because there's an existing concrete wall uh it seems like the kind of best area to put the landing of the staircase without changing anything that's on this Bank Edge already um there's a stone wall to the left and right of it so we don't really want to touch that if we don't have to so this seemed like a kind of natural landing spot and how big is that Landing uh it's 4 and2 ft wide the stairs 3 feet wide so it's 4 and A2 ft wide and roughly six feet long and you need a six foot long Landing right there we were more thinking if multiple people were bringing kayaks down it's a place to put it down while you're getting into the pond we can make it smaller if it's a concern it doesn't need to be that um it's just a very very big structure um with um okay um so the board can decide um if any of it's not you know uh conforming or best practice again we would very much like more input and advice yeah and then the mitigation zone three is covered in Ivy right now how are you going to protect the the um the mitigation we would from the IV we would propose to remove the IV from mitigation Zone 3 okay is that part of this proposal or are you now saying you're going to propose it uh that that was what I was intending I don't know if it's explicitly listed anywhere but um I can explicitly list that on the plan or in the narrative as well okay um okay um and then ala was this the one with the little wall yes if you look um where the existing concrete wall is just below by the 16in willow there's a note for a new retaining wall and then the the image on the side also shows RI apologize about that that that's we we had gone back and forth Alysa about the different ways to access the pond and that's a residual note that shouldn't be there we're not not intending to propose any new retaining walls or any any new structures that are not the staircase okay that was and I think we do have a little bit of concern where all the the at least the Zone one mitigation where it looks like it is a little bit vegetated I mean it's hard to tell in the winter time um one second Mr Fogo I got a minut Mr chairman uh Steve will be joining us finally um and yeah again I think um we just have some concerns of how many trees may or may not be impacted um so you're saying that now we're going to eradicate the IV and put mitigation there um usually the board does not use areas of invasive species for mitigation they would have you remove that and replant it with Native species um so the board can decide what they want to do um and you said are we leaving the existing stair case in place and crushing it or are we removing it I think it's that says one thing in the narrative one thing on the plan yeah I apologize if that was inconsistent um we we had talked internally I know about doing it both ways I I think based on the mitigation Zone requirements it makes the most sense to remove the staircase in its entirety okay so we're not crushing it anymore we're just removing it correct okay okay um I think Mr chairman we are going to need a continuous to get the just the the plans and the narrative all to match um and so that one tree is coming down the cedar right that's what we're proposing currently um I think there's some flexibility about the landing of the staircase next to the shed seems like the natural place but um and you know part of this was when we were that tree was not marked on the survey maybe it existed prior to or or the diameter of the trunk was small enough that it wasn't marked on the survey I'd have to confirm with Tom about that but um we'd be happy to move the entrance to the staircase to retain the tree if if that's significant I think we could just as easily put it um you know probably on this side between the 6in sasas and the 16-inch Oak here next to this fence and avoid that cedar entirely I think that would be workable there there's no functional reason why we couldn't put it there instead would that reduce some of the structure you think on the bank yeah it would reduce probably about a three foot run of this deck between 514 and 58 here okay so maybe that would be a good idea is try to reduce the amount of structure on that bank as much as possible I know I know it's pretty steep um yeah um but did we're building a whole bunch of little tiny Landing areas everywhere down that bank so I just want to minimize the impact no of course of course do that Inland Bank yeah I know it looks big I think part of that is just that the existing staircase you know this is a code 3ft staircase as drawn the existing one is so narrow just looking at the two side by side it it's it does look big um just I think it's just what's throwing us at all these like Landings and runs that you have going down yeah just a lot of a lot of structure out there okay that's all I have Mr chairman all right Mr V you can stop sharing please okay all right Alyssa um I think just one follow-up question there was on the plan a uh typical stair section cross-section showing the helicop piles but it also showed rip wrap for slope stabilization is that proposed or is that just a something that came with the image no that that was something that I drew as part of this again the idea was underneath it the the intention is to put that only underneath the footprint of the staircase again just a slope stabilization because it's so steep out there um if that's not something that's permittable or or recommended by by you all we would remove that that's fine I don't think it's required for the construction I just thought that it would be in the best practice of you know keeping what's there in its current Place yeah I mean we've definitely seen a lot of staircases but never work um under them uh so I think just letting the natural vegetation grow and using those helicop piles will still give you security you know in holding that staircase in place um without um changing the amount of vegetation on the the bank yeah and sort of um suffocating it there and adding more you know rock and and structure and surface um other than that I think Jen has covered everything else thank you excellent commissioner comment py yeah my only comment is um there are a number of of changes I mean it seems like little changes but there are lots of little changes to make sure that that you get in and um it was a little unclear from your drawing that there were concrete walls down where your Landing is so that mean that should be on the map I mean you're that should be on the plan otherwise it's going to be confusing for Elissa to go out for compliance when when you finish this yeah I understood it it it should be marked the the existing I'm not proposing anything new just just what's currently there um I can try to make it more clear on the plan I think it's covered by the um line of the Inland Bank because that's that's where it takes place is right on the edge of the water yeah but just say that it's there yeah yeah of course yeah that's all thanks JY Courtney thanks Jeff it's a that's a very difficult challenge to get down that Hill it's very steep 30 feet drop um and I I like the idea of the switch backs I mean I know it takes up more space but I I think in the long run the way it works is despite the all the switchbacks and thus it's not the straight line to the you know to the bond uh it will actually stabilize the bank more than a straight shot so I'm okay with it excellent you good yep all right so I agree with what Courtney just said I think the helical piles are a great option for this U very non-invasive structurally sound great plan Kevin um no additional comments thank you Mr chairman all right Ron just keep it safe make sure they can go up and down Ross I'm good Mr chairman thank you Steve thank you Mr chairman sorry I was late and I don't have any comments on this glad you could make it all right is there anything in the public chat function please nothing in the public chat function Mr CH all right Mr vog are you clear on what what everybody's looking for in in clarification yeah yeah I think I have it all noted down thank you than you if you have any questions just give staff a call and we'll clarify if you know just so that you know we can close this out at some point you know again I appreciate that you had to come back next this week so um Jen what are you thinking vogo do you want the 12th or the 26th of February I would prefer the 12th okay so all materials need to be in the office by next Wednesday the 5th are you going to be able to do that and coordinate with Tom to get the plans to match and everything else yep that should be fine okay yeah okay and just put a supplemental narrative in with the intention of of removing the ivy so that we have that in the record and then a a little bit of a plan design would be appreciated to try to save that trick okay thank you make make a motion at the request of the applicant to continue this hearing until February 12th all right we have a motion of a second to continue this until February 12th last call questions or comments we're voting on the continuance Betsy fter R Courtney where I Matthew I Kevin O'Brien I Ron Russ Robins I Steve Paton I it is unanimous we have continued this until February 12th thank you Mr vogle thank you all very much I appreciate it we'll see you in a few weeks good night all right next up Robert Parker 26 deacons Avenue fou mass for permission to raise RZ an existing single family dwelling and shed construct a new single family dwelling with attached garage and covered patio and upgrade the existing Cesspool to a Title 5 sewage Disposal system Jen yes Mr chairman I have promoted Mike belli um as a panelist to present his project good evening Mike good evening Mr belli you're up sir thank you Mr chairman for the record Mike belli Falmouth engineering I represent the applicant Robert Parker with your permission I'd like to share my screen yes sir I'm first sharing with you an aerial photo of the general location of the project at number 26 deacons AV it's this little green uh Square down here where I'm pointing to it's on um the eastern shore of across the street from the eastern shore of Falmouth in a harbor for reference directly across the harbor is Falmouth marine and directly uh North up up the shore is McDougall um it's located on a strip at Deacon AB there's a row of existing houses and there's a small Catholic Church directly uh adjacent to number 26 I'm going to share the existing conditions plan now this is a this shows the existing lot in the existing house in shed the the lot area the lot area is 3,000 square fet um I think you've reviewed projects where the house Footprints were 3,000 square feet um so this is very challenging lot for uh Redevelopment um across deacons Avenue is fouth Inner Harbor uh the Wetland resources include land under the Y ocean land containing shellfish there's a narrow band of coastal Beach there's a low profile Coastal Bank and we're also in land sub to Coastal storm Flowage the boundaries in blue it's ae13 and uh the15 and after our little seminar a couple weeks ago the that line is also coincident with the boundary of limited limited moderate wave action I've also shown the 25 foot Falmouth vzone line as a dash line it runs in the middle of deacons Avenue so the no distribut Zone a from the top of Coastal Bank is the most restrictive uh no disturbance Zone uh on this I've also shown the outer buffer zone B from the top of the Coastal Bank it was a it was a real challenge to um not increase impervious surfaces on this lot but we had to do that because there's virtually nowhere to put mitigation planting so the architect John devac designed a house to replace this existing house in shed uh in a way that it does not increase impervious surfaces and uh in your package I I I submitted um as I routinely do the the shaded areas of A and B zones for existing conditions and a and b zones for proposed conditions and uh tabulated those areas and we worked with John to make sure there was no increases and we demonstrate that on these plans that there is no increase in mitigation planting so the proposed house is uh shown on this plan this is in a flood zone AE um 15 the existing house in no way conforms to uh construction for AE zones this new house will conform it's elevated so the first floor is uh one foot above uh AE uh 13 in fact it's it's actually the first floor is elevation uh 16.6 this this allowed for there to be a garage drive under to park underneath the living uh area that will be one floor above the garage there's also some unfinished storage on that lower level all the Living Spaces on the the next level and then there's a a level above that um the the existing house is served by a Seth pool that's at the rear of the house it's doesn't meet Title 5 in any way the it's bottom of the Cesspool is in the water groundwater table we're proposing a new upgraded septic system including uh a Title 5 system but also a an IIA uh Nitro IIA denitrification component and they're shown on the plan in order to um provide the required separation from ground water this area the grade here needs to be raised and because the grade has to be raised there is a low profile landscape wall surrounding the septic system um that's on average uh 3 feet doesn't exceed four feet in any location it's it's designed to basically encapsulate the entire um septic system and it Blends into the rear of the house we have been few weeks ago we went before the fouth Board of Health because we needed setback variances from property lines um they reviewed the plan and um voted on the variances that we needed and they also reviewed the IIA system and they routinely uh in as a condition uh stipulate the uh testing protocol in the uh required a level of nitrogen discharge in in the effluent at at in this case I believe it's 11 milligrams per liter so um we're doing a we're in a huge improvement over what current conditions are um there was a question about whe How many bedrooms were in the house the assessors have it identified as a two-bedroom house but we walked through the house with Scott McAn the health agent and proved that there were actually three bedrooms in the house so the system has a capacity for three bedrooms there's three bedrooms in the new house the driveway is proposed to be two um 4 foot wide Cobble Cobble strips versus a the existing driveway which is a p completely paved driveway and there's some flagstone pieces leading out from the front entry um the staff report um it was it was good in a way that the hearing got continued because I got the staff report and it gave me an opportunity to address the staff's concerns and submit a revised plan it wasn't submitted a week prior to the hearing but I I at least got it in for you um but the staff comments I'll I'll run through those uh quick um um Alyssa identified that there was a unpermitted uh ramp uh access ramp leading from the existing house out to the driveway and I had included a portion of that unpermitted um ramp in my inferious Cals um so if it's not permanent you can't do that so I adjusted the impervious kils to not take credit for that removal um there was also a uh landing on the rear of the house that we had noted on the existing house that was was part of the original House so we were able to gain back a little bit by taking credit for that being removed um so the net result of all that was the impervious Cal still worked out to no required mitigation um there's a question about um staff's going to has inquired with the DPW Department about some activities within the road layout of deacons a uh like or some features like there's a post and rail fence and there's um the walkway itself I don't know if you got a response but this is also pending before the board of appeals there's an application that's been submitted and typically the zoning board of appeals through the DPW requires those features to get a license I've done it on a number of occasions so um the board of Selectmen have the authority to allow features like that it's common on deab there's post and rail fences and in in things like that uh walkways leading to driveways all along Deacon AV so we expect that the board of appeals will be consistent and require license be issued by the bard of selectman um portion of an existing fence along along the um west side which is over here um I think what'll happen with that fence is that'll get removed and when everything's rebuilt it'll get reconstructed there's room to run it on the applicant's property not off the property that's what will uh happen um there was a couple notes to add some things to the plans like some landscape Beds which we did and that back uh there was a back Landing um just for reference this little back Landing uh we added and there's a little window here we added and the landscape areas have been identified so I think we addressed the comments in the staff report I this is a classic Redevelopment project I think it meets your regulations at fwr 10.18 and I'm happy to take questions thanks Mike Ken yes Mike um the post and rail fence in the road layout we got a determination from the town engineer that that will need to be removed okay the Flag Zone steppings can stay your flagstone flagstones to the driveway would be allowed the fence in the right of way would not be allowed so that'll have to be removed okay um and other than that thank you for addressing the rest of our comments you're welcome Alysa nothing to add thank you all right Courtney you managed to shoehorn a lot into a tiny I have no other comment it's classic shoehorn that's for sure yep Mike belli cobbler all right I'm glad we were able to help you out with that continuance to this week no really we appreciate that you you work with us and that was a zoom glitch but there it is so thanks for working with us and if they helped you all the better Kevin uh couldn't add a thing thank you Mr chairman all right Ron no I'm all said great job Mike that's again the shoehorn is a great example Russ I'm all set with this I think it's a good project Mr chairman thank you all right Steve nothing else Dad thank you all right Betsy do you have fun with this one yeah these are challenging I enjoy these yeah yeah no questions oh all right you got the golden shoehorn award all right what are we thinking make a motion to close the hearing wait wait wait wait wait I'm sorry I skip the step sorry my fault Jen is there anything the public chat function please nothing in the public chat function Mr chairman okay Sor that now I'll make a motion to close the hearing and take it under advisement second all right we have a motion in a second to close the hearing last call questions or comments all right we're voting to close the hearing bety BL filter ey Courtney bir ey Matthew's Z Kevin Brian I Ron Ross Robins I Steve Bon I all right and this is we have closed this hearing this is the first official closed hearing for our new commissioner Russ Robins thanks Mike thank you all have a good night you as well who all right next up 2017 Kurt laferty revocable Family Trust 50 nascet road down with mass for permission to raise ra a Ze the existing single family dwelling and detached garage construct a new single family dwelling with attached garage covered porch Pool and Patio and install a new septic tank and mitigation plantings this is a continued hearing and the Quorum excludes myself and Russ Jen yes Mr chairman I have promoted Sam Santos up from maral engineering CH Lee up from studio um to present their project am I uh promoting the architect up as well I I think we're good I think we're good you're good okay good evening gent you're sir uh good evening for the record Tim Santos from maril Engineers representing the applicant also with me this evening is Tom Lee from TL studio uh this project was before you I think three or four weeks ago um at which time a continuent was requested to address some of staff and the board members concerns so I'll go over them quickly uh we revised the site plan and with your permission sorry I will share my screen yes sir can everybody see that yes okay um so we revised the site plan to there are a couple of trees that were located up in this northeast corner that the board requested us to show um that are adjacent to the house so a few of these trees are coming down and we're proposing a few back in this area there was also one to the west of uh that little brick patio so we're showing that one coming down as well um I believe my had suggested the x's and the trees get a little darker so we could find them so we kind of dark and dump those X's so everybody could see them so there I believe there's 10 trees coming down so there's 13 Going Back um the staff comments they asked that we revise our plan to have all of the plantings within the FW a Zone originally there were some PL things over here in the B the mitigation so we've adjusted that we've also added this area along the road in here with plantings native plantings and shrubs to match the landscape plan there was a set a set of steppers three steppers right to the south of the patio um that the staff asked us to check to make sure that it wasn't closer to the resource area it was by about a foot or so so we've removed them so we're no closer than what previously existed there was also a comment about the first floor enclosure I'm going to switch over to the architectural plan um originally it was 325 square fet I believe so now we're down to 293 um very similar to an enclosure that the board approved across the street I believe it was 51 recently right around the same size um I believe that that is all oh and on the landscape plan I'm sorry on the landscape plan we added um the quantity for the shrubs um in the species that were requested by staff as well so uh if Tom has anything to say regarding the landscape plan I would leave this up and let him talk if not we'd be more than happy to answer questions I uh Tom Le for the record uh landscape architect and I think you covered it all Tim all right I'll stop sharing thanks Tim Ken no questions Mr chairman thank you Tim thank you Tom all right you OHA uh no questions thank you all right commissioner comments and questions let's see we'll start with Ron yeah on the the square footage uh for the access and storage what's the um division between the access and the storage is it there's 3 293 Square F feet how many square freet is for the access and how much for the storage I'm GNA just bring it back up so you can see it hold on one second sure I know you knocked it down from 350 to 293 I'm just curious what the percentage is um this the store St is these little closets to the right and left as you walk in the majority over half of this area is the staircase to bring you up to that second floor and the Elevator Shaft so um percentage just is it like 200 200 220 square feet for the access and the rest of the storage is yeah I would I would assume it's it's probably that yeah these these closets are pretty small okay that's all thank you all right Steve thank you no I wanted to thank Tom for his presentation but I didn't have any additional questions we always like that answer yeah you covered it already always helps Betsy no questions thanks for responding and presenting it so clearly both of you yes Courtney no comments I agree with Betsy all right Kevin uh no comments just echoing the previous board comments thank you excellent Jen is there anything in the public chat function please nothing in the public chat now I'll make a motion to close this one and take it under advisement second all right I have a motion in a second to close the hearing last call questions or comments all right you're voting Betsy GL filter ey Courtney ER ey Kevin O'Brien I Ron RIS Steve Pat and I all right it is unanimous with this Quorum you have closed this hearing thank you Tim thank you Tom thank you have a great weekend thanks welcome aboad Russ next one has been previously continued brings us [Music] to skip anything no continued request for certificate of compliance Elizabeth D laa trustee Dogwood realy trust 69 barck Road fth Mass request for certificate of compliance for Mass D number 25- 4621 Jen yes Mr chairman um this was brought to you last time um we did hear this the board was to go out and determine whether or not um issue in this case is um a drainage system that was proposed under the existing driveway and that was not installed um I think Alyssa also um is there extra there were extra flagstone steps and a landing that need to be mitigated for and a tree that was either removed or died yeah um in the Dune area um and so um the applicant wanted compliance uh staff couldn't Grant that so they wanted to request compliance from the board so here we are I have promoted Miss car up the trustee um or um representative for the trust um to answer any questions the board has and I hope you were all able to get out there Alissa do you have anything to add at this point not at this time thank you all right um all right so assuming everybody got to to get out and take a look at it we're gonna start with with staff comments Steve I'm GNA start with you I don't have any comments thank you okay let's see you're on mute so you didn't have to listen to my barking dogs we appreciate that I'm trying I'm trying to avoid irritating you Jamie so this is for Alyssa and Jen was your recommendation that if if the new Rocky stairway remain to be mitigated for and that's my first question but it goes to the second question that Miss Carr said something about there was a tree in the Dune that died and maybe it would be appropriate to have some plantings where that tree was that's that's my only so was that was that correct remembering that you suggested that that might be one remedy for this yeah so if you look in the staff report at figure two that shows you um it's an at grade door there's no step it's just as opposed to stepping on grass there are inlaid um Flagstone Pavers on the ground um so as missar was explaining that area was incorrectly surveyed at a previous point in the perming pass and it's something that we noticed um now that we have near map where the Aerials are just a lot clearer and we noticed that that area was um reconfigured and enlarged slightly so just per your standard mitigation calculations since there is more Hardscape on the ground it just should be mitigated for at the 3:1 ratio um so that's hopefully that answers your first question yeah yes okay um and then yes so there was discussion um there was a a tree that was found on Old surveys and old pictures that had previously existed in the Dune um M car said that it it simply just died over the years of natural causes um staff was looking to have that biomaster stored on the property since it was the only one um but it it did die naturally but that well so that would be my only recommendation that that the the mitigation be put in a cluster where that tree was to to stabilize that Dune area um yeah we could definitely go out and try to look in that Dune area I I do think it's completely vegetated with beach grass right now um so I mean a shrub layer could add um if we got a large enough shrub I I think it could withstand having all the beach grass around it and not get outco competed um we could look into that I'm not sure exactly what that section looks like I don't think we've entered all the way in the Dune we just noticed there was no tree there that's that's my only comment J Jamie okay Courtney um I I pretty much agree with Betsy's um thought about the mitigation and sta um as far as the drain goes in the front you know I'm not sure how much it really was going to capture uh it should have been put in it should to leave it out should have been um uh something that the should have come in front of the board and asked for an amendment and we should have had a chance to reflect on it but truthfully it doesn't really trouble me too much um uh it wouldn't necessarily solve the problem of the puddling on that road which is uh the road is just handled all pitched all wrong I go through that puddle every day and uh so you know I don't think I I think other than the mitigation I'm I'm I'm fine with the project it looks well done all right you good yep all right so this is a tough one because you know we're trying to figure out this drainage right that either you know if we force the issue that the dra I mean the drainage should have been installed because it was proposed by the applicant it wasn't something we forced down somebody's throat having said that I agree with Courtney I don't think the drainage is going to do a whole lot um but it sounds to me like Alissa you're saying that the you know it's going to be difficult to create a place for some mitigation because I'd feel better if there was some mitigation one for that tree that was going the extra coverage um and if you will to a degree for that drainage compensation however there a place that it can go on the property um so I don't know I think that's our our dilemma for for for compliance um or we just let it all fly the way it is um so quite a dilemma for us Kevin no comments Mr chairman okay Ron I agree with the the chairman but I you know the drainage is the Minimus that's not going to affect the road um but again we can't just have projects where they we approve the project and put it in order of conditions and then they don't approve it and they don't do it and then we say well okay it's fine really care but we do care we they should they should abide by the um the order of conditions and if it it's not our fault that the engineers didn't do it or the owners didn't do it it's they were there it was written in black and white and and put in the register D my comment all right um right I'm G throw it back at you Jen what are you throwing at me Mr chairman what what would be proper procedure so you're looking for us to well you either Grant compliance or you instruct the applicant to put in the extra mitigation for the coverage so that'll have to be calculated out there is a little room on the property next to the Dune that could serve as a buffer um and then you know the drain is the drainage the board either requires it to be installed or you forgive the fact that it wasn't installed um but definitely either the flagstone steps need to be removed which probably miss car you might be just better off on that doorway area just leaving those stairs and and mitigating for that but that's going to be up to you either way I don't think the board's going to compliance without one the stepping stones and all that stuff being removed or mitigated for and then the drainage they are deciding so it really is up to you missar all right so let's um let's hear from missar and then we'll we'll visit what our options are and go from there does that make sense all right Miss car um well for the drainage I I completely agree that if something was on the plan it should have been put in um it just puts a big burden on me to to do that for what seems like so little benefit just to make that point and I and I agree with the point is that it but um this is something that you were you were planning to do I mean this is something that was in the application it was in the order of conditions so it's not like it's a new Demand on our part oh Absolut I I completely agree I I completely agree it was it was I believe an O an oversight that it did not get into the installation to plans for the landscape um and that and so now I find myself with I mean to call it a driveway I think is sort of overstating what it is the but so it it just seems excessive to to require me to to pull it up um for just a this minuscule amount of water um if you if you all so to the extent that you have the discretion to be flexible about that I I I hope you will um but I but I absolutely agree that it should have been done if it was on the um on the plan that was certainly my intention that all the people who we hired to do things for us would do them according to all the rules um uh so I I just find myself in this in this position um but it does seem I I uh I would like to I would like to comply and like to have everything be in order um but I'm trying to do it in a in a way that that seem that can seem reasonable to all of us and and to the extent that you have discretion on that I I hope that you will exercise it um the I have no problem planting a a tree again I mean I'm sure that that one must have been planted by a bird dropping um because its location has no uh no design sense to it but I I don't want to get in trouble if it dies and uh it's going to be if we put it where it was um it's I don't even know how we would get access to that space but um it's it's not like it's in our way um I think what Jen's suggesting is that the mitigation be put in the area adjacent to the Dune and it would be some shrubs some Woody shrubs and staff would work with you to decide what would would be appropriate when you say the Dune does that mean between our house and the sea wall no it means NE no that's the Dune area yes but where I'm propos where I'm suggesting you put the mitigation for the flagstone steppers um is in that lawn area adjacent to that little Dune area oh I'm I'm talking I thought you were talking about the tree planting well no instead of the tree just some Woody shrubs because that's a harsh area for a tree it's establish no it's harsh for everything um and it's really difficult to keep even the plants that we now have an irrigation tubes around to to keep those alive um and it was had hydrangea Envy this year for everybody else but um I I would rather I I guess I'm getting a little bit confused about which we're talking about but I don't want to lose any of our lawn because we have so little place to play a bad Mitten or croquet so I would rather take those Stepping Stones out um and they'll have to be like pulled out by hand but um but I also if I take them out do I have to do a whole whole other do I have to play the engineers again I I just would like to get this finish this um and the reason I'm here myself instead of paying the engineers again is it it it's very costly um and this was something that I thought was all taken care of and done um so it's been quite a an extended unpleasant surprise to be finding out all these things um and I think it was the the these Stepping Stones uh were I believe that that the new Stepping Stones by our new side door uh I I had thought they were part of the first uh project but um but they were but they were um in there for the second project and so I think they were in the calculation because they were already there when when Holmes and McGrath um submitted this application in 2021 all right I don't know if we're getting anywhere so no okay well if if I take away those if I if I ask them to hand remove those stepping those Stepping Stones then can we be done can I get a a certificate of compliance hold on Courtney I I'm just a little confused and I I want to understand and I think this would be helpful for you miss car how many square feet of mitigation are we looking at if we say You must mitigate instead of putting in the drain and leaving this and you can leave the Stepping Stones how many square feet of mitigation are we requiring that's a generalistic question Alissa it is but I'm asking it no I understand I'm just I want to pick the right person to answer that yeah either one Alissa um so because we have only worked with the engineering company once in getting this um request for the certificate of compliance I don't think we have received a updated site plan that quantifies the change in square footage we just know it exists um I don't think it would be a lot by any means um at the staff level if we were to go this route where the square footage would be removed we typically require a site plan to confirm that um so the board will have to be clear if they will allow the Stepping Stones to be removed if they will will require an updated site plan for us to sign off or somehow I I don't know how we're going to go out there and measure it so if I may let me ask you ala you received a plan from an engineer for the request for compliance is that correct yes who said it's there's there's a conflict correct um well typically when we see a situation like this we we send it back to the engineer and say hey this is a little larger than before can you take the old plan the new plan overlay them figure out the change as in the increase of square footage so they submitted a plan knowing it was incorrect for comp I don't think they knew okay I mean we we see this a lot I I rarely Grant compliance on the first try there's always something um it's just oversight or maybe I'm just picking also Mr chairman the first site plan was done by holes and McGrath and uh site plan was done by homes and McGrath landscape plan was done by Dan Solen obviously homes McGrath was um um acquired by cap and Islands engineering so the compliance plan site plan was from homes and grath compliance plan is by cap and Islands engineering yeah but it's the same difference so I mean they're attesting to what they see yes I understand that and I do believe and correct me if I'm wrong Miss Kart she did not want to go back to the engineer to get that information Quantified doesn't help us at all does it no which means we can't help okay well well I think it would what if I if I pry out those stones it will it's not that simple because somebody has to attest that how much square footage removed to comply disrespect maybe you are but I don't I don't know that you're qualified to say that because you would have done your own plan so we need to know how much how much needs to be removed or mitigated for compliance that would only take care of the Stepping Stones so we still have the tree and we have the drainage so we're not getting anywhere on all three uh well just um just about the Stepping Stones the the application by Holmes and McGrath had all of the calculations for the um for the impervious surface coverage and so the so I thought that that had included the stepping stones that are there um the the plan now um by the new cape and Islands engineering shows a a wider path and so but as long as it's gone it it will comply with what was approved by when Holmes and McGrath submitted it well somebody has to attest that it it now complies I think a visual I mean I think think visually it will be it will be clear yeah all right Courtney I I think you need to go back to your engineer I know you're trying to save money you need to go back to your engineer have them calculate what the square footage of mitigation as required by the stepping stones and uh I think the other issue was the drain what what should be uh the offset for that and come back with us some concrete numbers then you and we can make a decision right now it's kind of nebulous I mean she doesn't want understand your point talking over each other I'm I'm I'd rather see some conrete stuff Psy she doesn't want to do mitigation she wants to remove the stones and after you remove the stones you have to submit a plan for for um compliance that shows that those stones are to show the as built as it is now so presumably you could go back to cap and islands and and remove those stones from the plan is that correct yeah man I don't think most of us are I mean all of us are concerned about the fact that the drain wasn't put in correctly but I don't think any of us are saying that you have to rip up what you have there and put one in am I am I reading everybody correctly yeah so don't worry about the drain thank you you gotta get rid of you got to get rid of those stones you got to have a plan from the engineer you have to go to the engineer and say come out look to see if these stones are gone take them off the plan that because we need that for the record we need that for the record okay when I take them out it will look just like the the application it has to be C certified okay ma'am I think the board is I mean they're trying to work with you but they really they really do want a final finish plan from cap and Islands okay I will get that that that is what they are saying loud and clear is they want that final finished plan once you take the stones out you can you can take them out yourself you can have whomever do it for you okay just get homes uh cap and Islands back in there to to take them off the plan make sure that no more mitigation is required you want to keep your lawn you don't want to put the the treat back you don't want to put your drainage in you're asking a lot from this board and they're trying to be reasonable but what they do want is they want a plan for compliance that matches the site conditions so if you remove those stepping stones and we have a compliance plan that shows them we need them taking off the compliance plan that is what they're asking you okay thank you um I will arrange that I may just run my email to them by you first to make sure okay thank you so much well we'll we'll help you we'll help you craft an email to cin Islands okay thank you okay so we're not going to Grant compliance yet what we can do at this point is we can we can kind of continue this out for a while so to keep it on because the board can't Grant you compliance right now so what we can do is we can continue this out a month or two have you work with cap and Islands have us confirm that everything's okay and then open it up and we can say we recommend you grant compliance okay thank you so much okay thank you all right so what do you want to put on there for a date Jen I know I don't know how how backed up cave islands is right now why don't you put it for can always kick it out again yeah let's do four weeks is that what you said Kevin I like that let's go to the 26 of February for now and then if we have to kick it out again we will but this will at least keep you moving forward Miss Carr thank you very much at the request of the applicant I make a motion to continue this to February 26 all right we have a motion in a second to continue this until February 26 we're voting on the continuance Betsy lfy Courtney bir ey Matthew Z O'Brien I Ron Steve m i it is unanimous with this quarum we have continue this until February 26 thank you Miss Carr thank you thank you Russ I apologize I could have let you go already um because you're not on the orders of conditions um so it's up to you but if you want to skip out I won't really hold it that much against you he's clearly he's clearly enjoying himself rookie got a hang all right never mind you can't go all right coming from Steve all right next up vote orders of conditions first up Paul F and Patricia a Hogan 112 racing Beach Avenue fouth Mass the Quorum is or the Quorum excludes our newest number R Us and that'll be a common theme throughout so R isn't this so much fun isn't it just like you remember I know I missed it so much you're committed buddy all right this one Mr chairman is to repair um reconstruct a portion of the rip wrap um I think our issues were to protect and plate the the access area which was labeled previously as a dune on a plan did we get a revised plan on that Alyssa is showing labing that as dune I don't know okay we'll just have M give us a revised plan labeling that area is Dune requiring them to plate um protect that area and restore if any damage is done to that area yeah I have a note that they have they've been granted permission from the association for Access correct correct that's our only notes I have anybody have anything all right what do you thinking it's not a very big area that they're repairing I'll make a motion to issue an order of conditions as discussed for second all right yeah it's kind of a clean project so all right we have a motion and a second to issue an order of conditions last call questions or comments all right we're voting Betsy black fter ey Courtney bir ey Matthews Z Kevin O'Brien I run Steve I it is unanimous we have issued an order of conditions next up Edward and Ann Stern 449 seet Road f with mass this was the upgrade of an existing septic system after the pack permission for a shed uh no mitigation oh nope small area of mitigation 330 spare feet correct correct usually they color it and they didn't color it in this plan so so septic mitigation keep shed okay all right anything anybody want to see in there all right make a motion make a motion to issue an order of conditions as discussed thir second all right we have a motion in a second issue order of conditions last call questions of comments we're voting Betsy BL fter ey Courtney bir ey Matthews I Kevin O'Brien I uh Ron chis I Steve m i it is unanimous with this Quorum we have issued an order of [Music] conditions next up David and Kim Capo biano 316 Edgewater Drive East thth Mass escape a plan all right well no this is it hang on Mr chairman I'm coming um I think this was this is the rais and rebuild and and I think really the only question we have is like it's denuded of any sort of vegetation or trees on the law and they were proposing two trees but one of them was in the middle of between it was actually not even on the property it was actually within the road layout of vwat drive and the other one is next to their septic was it the tank or the field so we wanted to see one of those trees shifted to the seaword side of the property correct I think they agreed with that yes yes okay all right anything anybody want to see in there all right make a motion to issue an order conditions as discussed second all right we have a motion on a second issue in order of conditions last call questions or comments we're voting Betsy BL felter R Courtney ey Matthew's I Kevin O'Brien I Ronis Steve I it is unanimous with this Quorum we have issued an order of conditions next up Cindy coats trustee 187 Penzance Road Falmouth Mass and where to begin on this [Laughter] one yeah exactly okay this one is and they have agreed and Mark has stated it in writing and on Zoom that they will fully implement the well the the inv invasive species and mitigation plan previously approved by Wilkinson there is one small change over by the small pond area um that Wilkinson area is actually just going to be um one of those sections is just going to be a portion of that section is going to be implemented so much of the previously approved and just for the record for for you Russ um it was previously approved they refiled because it wasn't completed but after they refiled the governor issued another uh permit extension act so the the old permit is still alive but they wanted to go forward with this one as well so this one I think in the end will supersede that that older one um and then Mr chairman they were adding mitigation of uh relocating a shed um that had been constructed or said to be removed Alysa I can't remember the shed um the shed was constructed without a permit and it's now going to be relocated outside of the Velocity Zone and mitigated for correct um as well as mitigating for some work done at something labeled the workshop um uh inate um installing old mitigation required decades ago when the rip wrap went in from the privus owner they'll be working on the um boat house I'm doing some modifications to the existing boat house uh and yes and Plumbing work um oh and then also I believe they added in the application that they do occasionally um point up the seab ball because it really takes a hit in that corner so I do believe that was added in the supplemental information was it not Alyssa that they were going to be asking for uh allowed maintenance on the seaw wall out there yes it was off and then the removal of a number of trees that are um infected with the that have the beetle the pine the one that we just saw for Wash Barn and um the installation of additional trees in the area that they're taking out um the trees on the little Point area where the pond is I think I covered everything so this giv them a new start and end date correct correct all right else want to see in there the only thing I have is that I I think that the mitigation should be put in before a building permit is signed off on this is mitigation we've been waiting for for a long time five years now it's as old as Fallon if that puts it in perspective 97 I think oh oh the the oldest mitigation the old mation but but there's a whole whole series of additional mitigation that needs to go in and then what about the violation should that be restored prior to or just the outstanding mitigation on site the violations are out by on The Point area I think all the planning that has to be done should be done before signing off on the building permit I agree I would agree anything else good um I like given the past confusion and present confusion I'd like to see the reports a lot more frequent than you know once a year because okay the monitoring report monitoring ports should be I don't know monthly quarterly whatever whatever you recommend but they should be more frequently than something like this three years after the be done and no one knows what's supposed to be done well what we can say Ron is if you want monthly monitoring reports that's fine during the the the invasive species removal and restoration project that will give us a more uh a little bit more control over the project a little bit more of a watchdog okay we can do that when they start the invasive species we're obviously going to do a preconstruction um yes okay preconstruction not preconstruction but uh pre- meeting pre-work meeting before yeah okay and then you want monthly monitor I just want frequent if you know whatever whatever you guys think is important you know the time frame um no I think monthly would be good I mean this has gone a little arise so I don't think that's too much to ask I mean all really what we we want is not you know uh just a quick written assessment of what had been done during that month and photos from established photo stations so we get the same photo monthly so we can track the progress okay um and then that would be during the life of the um can only be the life of the permit right yeah but the life of the permit I don't want monthly monitoring reports for the life of the permit that's a little much I think after after all the plantings are put in um after the mitigation is complete I think we can do it on a quarterly basis yeah yeah we don't want a monthly report for the next three years on this project please no but I think it would benefit them too because Absolut you know verifying that everything's surviving so they're not hit with something in three years from now absolutely okay all right cour during work and then quarterly afterwards this is all my question related to clarifying the timetable and it's clear okay after plants okay right anything else I mean it was a pretty ongoing yeah and I'll make a lot of findings about the outstanding work and mitigation to kind of paint the picture of why we're requiring the plants prior to building and why we're requiring the monitoring more fre much more frequently it's been going on for so long you know Courtney something else uh so the monitoring report would have a specific formula that they could sort of fill in the blanks and Supply pictures is that the way you want to do it yeah that's pretty much we can do they're just going to have to establish what the they what we commonly refer to is like monitoring photo stations and just on each of the areas just give us a quick assessment of what had been done that month you know treatment plants whatever and then the health once planted the health of the plants okay with photographic evidence yes yep I'm good thank you all right anything else all right what are you thinking so I'll make a motion to um issue an order of conditions as an truly extensively discussed tonight bird second all right we have a motion and a second issue an order of conditions all right last call questions and comments all right we're voting Betsy black fter ey Courtney bird ey Matthews Z Kevin O'Brien I Ron F ey Steve I it is unanimous with this Quorum we have issued an order of conditions we really should celebrate that one all right next up vote amend order of conditions first up Alex con Alou Heights real estate LLC 263 and 269 Grand Avenue Falmouth m one quick comment on what you just said Mr chairman I'll celebrate the project when we get a COC on it yeah yeah well you'll be retired by then don't worry about it um this is we had approved kind of so this is shipwrecks we had proed kind of a covering over that like concrete ramp next to like the ball field just to give it some covering um it's in a velocity zone so he um he came in for an amendment he's going to reduce the enclosure over the walkway struct uh the walkway area um walkway ramp area and in he's going to reduce that and then construct a little snack bar for they're calling it a shed but it's actually going to be some sort of coffee takeout pickup isn't it yeah takeout pickup snack bar Coffee corner for lack of a better term it'll be nice little amenity down there we goes from the from the complex to the simplest project yeah and and it's still within the 200 square feet in the velocity Zone that's all that matters yep all right anything anybody else anybody want to see in there make a motion to issue an order of conditions as discussed thir second all right we have a motion on a second issue it's technically an amended order of conditions last call questions or comments we're voting Betsy blad Feld ey Courtney bir I Matthews I Kevin O'Brien I Ron j i steeve that night it is unanimous we have issued an amended order of [Music] conditions next up John F and Judith B Randi 25 beckles Road fouth Mass yes this is to shift previously approved parking area remove one Cedar um and then to REM mitigate for the tree removal um they'll be putting in um five seeders on the sidey yard but I think we stated during the hearing it that area is covered in invasives and I really don't have high hopes that the Cedars are going to last we'll probably need again more frequent monitoring like you said um Ron because it did they just shoving the cedars in that like hole on the side yard yeah and once again to put into the amended order of conditions to please please please stop cutting the vegetation on your Coastal back please and that's it Mr chairman all right anything else anybody want in there all right we'll make a motion to issue an amended order of conditions as discussed as discussed as discussed third second all right we have a motion and a second issue an amended order of conditions last call questions or comments we're voting Betsy but felter ey Courtney bir I Matthews ey Kevin O'Brien I Ron Steve it is unanimous we have issued an amended order of conditions and that is it folk again thank you for coming in on your night off hopefully we won't have any further issues so welcome Russell welcome Russell I think Russell should have the honor of making the final motion I make a motion that we adjourn bird second glad felter ey bird ey Matthew's ey O'Brien I Robin's ey oh the rookie skipped one Ron just I was there oh my mistake sorry Steve Pat and I another ad and I'm still [Music] last yep thank you everyone [Music]