##VIDEO ID:kKwQ5bCIp8U## [Music] so good evening uh this is Courtney bird I'm the vice chair and I'm sitting in for Jamie who's not here and welcome to the uh December 4 20 2024 meeting of the fam Conservation Commission um I should note for the record that we have a full compliment of um members here except for Jamie and I want to also our staff Jan and Alysa Fallon Mark Lori and christen this uh open meeting of the fouth Conservation Commission is being conducted via zoom and is also being broadcast on cable channel 15 and streamed online at www.f fctv ororgani just viewing on fctv members of the public who want to make comments or ask questions during the meeting May join the meeting as Zoom attendees which allows you to submit for the record written comments and questions via the chat function and also to see and hear the meeting in real time if you want to speak at the meeting let us know via the chat function and at the appropriate time the chair will recognize you at the um when you're selected you will be moved into the hearing as a participant your audio and video must be enabled and I have to emphasize that it's easy to enable the auto but remember that this is a meeting that is just as the same as if it were in person and if it were in person we'd be seeing your face as well as hearing your voice so um uh when you uh speak uh be succinct and respectful of others public comments are limited to three minutes each the link and instructions for joining the meeting are listed in the agenda posting and can be found at www fouth m.gov conservation fctv will also be posting the information on how to access the zoom meeting during the broadcast of this meeting this meeting is being recorded so please be aware that you as a panelist can be seen and heard unless you've muted your microphone and or shut off your uh camera and that includes any open windows on your computer if you use the screen share function so we act accordingly before turning to the first item on the agenda I want to review some Basic Ground rules for the orderly conduct of our business and to ensure accurate meeting minutes as chair I will introduce each speaker on the agenda please remember to unmute your microphone and turn on your video so you can both be seen and heard and then of course speak clearly when done please remute yourself please do not speak unless recognized by the chair if you as a meeting attendee want to ask a question or make a comment please use the chat function at each presentation the chair will ask staff members for questions or comments the chair will then ask for commissioner comments and questions after the presentations of staff and commission discussion the chair will ask the staff members to read any questions or comments typed into the zoom chat function by members of the public following that the chair will call for public comment all votes for this remote meeting will be taken via roll call I will call out the name of each member and ask you to repeat your last name before stating your vote um before we start I I would like to make a note that uh tomorrow afternoon between 4 and 5: uh the uh Conservation Commission will be hosting kind of an openhouse informal gathering for people who are interested in potentially be serving on the Conservation Commission down the road and I think it's it's really important as a member of this wonderful Community to uh consider giving back um the town gives you a lot and that's why you chose to live here and I hope that you realize that part of part of being a citizen of the town is to participate in the process and this is a wonderful way to to do it we have um uh protecting our environment uh is key I can only say at one point my my family that lives in Canada came down here and they sat here my backyard looking over the little sepet Marsh and they kept saying what a wonderful beautiful thing only if we had preserve things like that in my hometown and so that can only happen with service from our citizens and I hope if you're possibly considering this that you will um attend tomorrow's meeting with that we'll turn to the regular agenda and first order of business and uh before I do that by the way there are a number of hearings uh and uh uh rdas that are going to be uh possibly continued and so if you're here for one of these you may want to decide to um not continue on although we will miss you um uh under applicabil termination of applicability Joe Hosford on Rice Street Falmouth Mass uh for continuances under notice um marus stovich uh um 158 Westwood Road Falmouth uh Taylor May Carol trustee 115 Charles River Roads Cindy coat trustee 187 pen sense Road um under continuances for enforcement order Patrick Burke trustee Church Street trust uh and also John Cook trustee uh 170 CH Street also on a enforcement order um a notice a request for determination for applicability has been withdrawn that's David P Kelly and Kelly e Campbell milfield Street um I think I've covered them all oh Doug uh Douglas and Kristen sheerer uh 30 Chapa Road may be will be withdrawn or I'm sorry continued um and I think I've covered all the basis quen Harbor preservation trust is requesting to extend in order conditions that's been withdrawn and uh so other than that we'll be a regular business so the first order of business is to vote minutes and the first set of minutes to be voted upon is November 6 2024 and I'll entertain a motion Mr chairman I review the minutes and I move approval as written Patton okay do we have a second harlo Hawk second okay we have a motion in a second to approve the minutes as written are there any questions or comments hearing none I'll call for the vote um glad Betsy glad filter ey okay um I'll bird I Kevin O'Brien I uh Mory car Hawk ey Ron Chris Philip stain and Steve B I did I miss anybody good that's so the minutes for November 6 are adopted the minutes for November 13 2024 I'll entertain a motion chair I riew the minutes and I'd move approval Paton second okay we have a motion a second to approve the minutes of November the 13 20 24 uh as written any questions comments or discussion hearing that I'll call for the vote uh Bessie glad filter I uh bird I Kevin O'Brien I Jam uh Mor hawy Ron J stain okay Steve I the minutes are the motion is carried uh with one abstention moving on the next thing is requests for determination of applicability under a request for determination of applicability an RDA the applicant is asking the the conservation qu commission to decide if the provisions of the Massachusetts Wetlands protection act Andor the Falmouth Wetlands bylaw apply to the proposed project a negative determination is that the pro provision of the act and or the bylaw do not apply and therefore it can proceed a positive determination is that the provisions of the act and or the bylaw do apply therefore the applicant will have to submit a notice of intent for the project if he he or she wants to go forward in simplest terms a no means yes so first um first we have uh the first one is continued uh I do I need a vote on this one I'm couron you need to vote on all continuances yeah okay so we have Joe Hosford 8 Rice Street fou mass for permission to construct two Dormers he's asked for continuance um so Bessie I'm sorry uh Jen do you want Alyssa Alysa yes the that's okay the applicant has requested a continuance until January 22nd do I hear a motion M so moved uh Bessie you were M glad fter so moved Steve second oh yeah all right so we have a motion in a second any discussion hearing then I'll call for the vote uh that's see gladfelder ey bird ey Kevin O'Brien I moring I recuse myself okay Ron dris and Steve I motion carried with one exstension uh next we have uh a request for a continuous on up notice of intent uh uh Margaret stakos uh trustee stos Family Trust 20 uh stos family 2014 revocable trust irrevocable will trust 58 158 Westwood Road family mask and permission to raise an existing single family dwell dwelling construct a new single family dwelling with attached garage deck and porch install a pool with a patio and retaining wall upgrade the existing sewage Disposal system repair part of damage rment and install mitigation and restoration planning Alissa that's going to be me Courtney the requested a continue until uh December 11th okay it's been requested to continue this till uh November I'm sorry December 11th any questions or comments glad felter so moved just go just go on second okay it's Motion in a second any comments questions hearing none I'll call for the vote uh Bessie lter I bird ey Kevin O'Brien I Mory Carlo hawky Ron justco Steve I motion carried okay next uh Mar Taylor Mary Carol trustee 115 Charles River trust Road fouth Mass permission to license maintain and construct an extension on an existing license walkway and relocate one existing dolphin file Jennifer yes Mr chairman the applicant is requesting a continuance until December 11th so are there any questions or comments from the board glad pelter so moved risal second all right we have a motion of second to continue this until uh 11 December um so uh Betsy black alter ey bird ey Kevin O'Brien ey Mor Carlo Ronis Steve Pat and I motion Carri next uh Cindy coats this the next continuance request Cindy coats trustee 187 Penance Road bouth Mass permission to stall restoration and mitigation plannings in accordance with mass D number 25- 4608 renovate and existing bass house including roof alterations relocate mitigation plannings remove cedal dead and disease trees and maintain an existing path um Jennifer yes Mr chairman the applicants requesting a continuance until December 18th okay is this a second continuance by the way uh I'm not sure off the top of my head Corney okay that's glad fter you're making a motion to continue making a motion to continue to December 18th all right and have a second was that Ron did you second okay so we have a motion in a second to continue this until the 18th of December uh any discussion hearing then I'll call for the vote Betsy glad filter ey court is bird ey Kevin Brian eye Mory Carlo hawky pisol ey and Steve and N the motion is carried next uh request for continuance under enforcement order Patrick Burke trustee uh Church Street trust 158 Church Street Falmouth Mass unpermitted removal a vegetation within the buffer to a Coastal Bank Jennifer yes Mr chairman this is being continued until January 8th 8th okay okay um any question okay second we have a motion in a second all right call I'll call for the vote and Bessie blood filter ey bird ey Kevin O'Brien I Mor hawky Ron Risco ey Steve I motion carried next we have another request for a continuance under an enforcement order John Cook trustee John C cook 2009 trust 170 Church Street F fth Mass unoted unpermitted removal vegetation within the buffer to Coastal Bank Jennifer assume this yes Mr chairman the applicant is requesting continuance until January 8th okay any questions or discussion entertain a motion well I felt they so moved FAL second okay we have a motion in a second I'll call for the vote uh Betsy glad I and bird I Kevin O'Brien I Mory Hawk ey Ron Drisco ey Steve and I we have uh all positive votes it's carried um moving on to the next thing we have um uh the next let me see if there are any other requests um yes Douglas H and Kristen Sherer 30 chapaco Road fouth Mass permission to install mitigation plannings according to mass d25 3874 Jennifer yes Mr chairman that has been continued until January [Music] e eight thank you January 8 okay any discussion I'll entertain a motion glad pelter so moved second okay we have a motion in a second to continue share until the 8th of uh January uh Bessie glad felter ey Court uh is bird is ey Kevin O'Brien I Mory hell hawky and and Ron balai and Steve and I unanimous vote and it's carried um let me see I don't think we have any other continuances that I know of just looking through nope all right so uh we go on to request for determination of applicability which I've already read what that's all about and the first one is David P and Kathy e Campbell five milfi Street Falmouth Mass permission to install mitigation or Restoration plannings in accordance with mass d25 uh- 4595 um and Jen that's GNA be Alysa huh they want this application has been withdrawn it has been withdrawn um Jen do you want to give an explanation on this because it applies to a couple of other things that's relevant for for us to know yes the application was um to uh restore the mitigation plan in accordance with that D number which had expired but on November 20th the governor s uh uh signed um an economic development bill that included a 2year extension it was a permanent extension Act for all permits issued or in effect between January of 2023 and January of 2025 so although this permit expired several months ago it now has new life and now is afforded a 2-year extension byw thank you okay thanks for the explanation uh because this will have bearing on a on a an extension later on correct so moving on uh the first request for determination is chapaco Associates zero chapaco road map and parcel number 24 uh 24-6 d008 d00 fth mass for permission to maintain a guard shack on chapaco road uh Alysa staff recommends a negative3 under the state and a negative2 under the bylaw resourc are boundaries are not confirmed we have a motion so so moved harlo Hawk fter second okay we have a motion and second to accept staff's recommendation any discussion hearing none I'll call for the vote AI bler ey bird I Kevin O'Brien I Mory Carlo hawky Ron Risco I Steve at night okay motion carried um next Island communic Corp 75 uh fouth Heights Road fou mass for permission to repair an existing bulk at um Alissa staff recommends a negative3 under the state and a negative2 under the bylaw resource are boundaries are not confirmed so mooved Carlo Hawks lad felter second we have a motion in a second any discussion hearing then I'll call for the vote uh Betsy I tter ey birde ey Kevin O'Brien eye Mory Carlo hawky Ron bisai Steve b i motion carried next um tget Kelson uh 67 Lakeshore Drive fth Mas from permission to repair repair a retaining wall and construct a protective barrier around an existing sep pumping chamber Alissa staff recommends a negative3 under the state and a negative2 under the bylaw resourc boundaries are not confirmed Carlo hawo moved Risco second thank you we have a motion in second to accept staff's recommendation any questions or comments hearing none I'll call for the vote Betsy pter ey bird ey Kevin O'Brien I Mory Carlo hawky Ron Chris Steve p i motion carried accepted staff's recommendation next um William and Elizabeth scel 314 um quet Avenue Falmouth Mass permission to replace a water main and install a gas main Melissa staff recommends a negative3 under the state and a negative -2 under the bylaw resource boundaries are not confirmed H Hawk so moved fiscal second a motion in a second uh to accept staff's recommendation any questions or comments hearing none I'll call for the vote Betsy lter ey bird ey Kevin O'Brien I Mory Al Hawk ey Ron chis Steve I motion carried moving on next we have uh nikar LLC one 19 19 Green Pond Road f with mass remission to license and repair an existing dock Melissa staff recommends a negative3 under the state and a negative -2 under the bylaw resource area boundaries are not confirmed we are also recommending a positive one for reconstruction of the deck right so you you've separated this out yes okay do I have a motion so move Tylo Hawks pter second okay and is there any uh says moved him and seconded is there any discussion hearing none I'll call for the vote Psy ey bird ey Kevin O'Brien I Mory Hawk ey Roni Steve m i motion carried next uh the next one Doug I'm sorry fishmonger Cafe Inc 56 Water Street Falmouth Mass permission to repair existing piles and Foundation Alissa staff recommends a negative3 under the state and a negative2 under the bylaw resourc boundaries are not confirmed car Hawk so move fiscal second all right we have a motion in a second to Aca recommend accept staff's recommendation do we have any questions hearing none I'll call for the vote Betsy bter I Court uh bird I Kevin o I Jamie I'm sorry my car haxy Ron R ey Steve and I motion carried next uh the next one Douglas H Sher Douglas H and Christen Sher 30 Chapa Road fouth Mass permission to install mitigation plannings in accordance with mass D number 25 3874 has been previously continued until the 8th of January moving on Scott and Michelle pner 56 Mariners Lane fou Mass permission to construct an addition uh alista staff recommends a negative2 under the state and BW resourc boundaries are not confirmed and this project solely takes place in an AE flood zone car Hawk some moved chal second all right we have a motion in a second to accept staff's recommendation any discussion hearing none I'll call for the vote Betsy blad filter ey bird ey Kevin O'Brien I Mory aloh hawky Ron balai Steve motion carried next Constitution Properties LLC care of Steve bowen8 shopon Lane phus for permission to install a two I'm sorry a new title five compliant sewage Disposal system and a new drinking water well uh Alysa staff recommends a negative3 under the state and a negative2 under the bylaw resource are boundaries are not confirmed some move ha fiscal second all right we have a motion in a second to accept staff's recommendation any discussion hearing none I'll call for the vote Betsy blood filter ey bird ey Kevin O'Brien I MO Carlo hawky Ron CH Steve I motion carried next uh continued request for determination for applicability Joe Hosford 8 8 R Street fouth Mass has been continued till the 22nd of January now we turn to notices of intent 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 so first up uh Anna Lisa and Michael Michelli 16 whittimore Avenue fouth mass for permission to reconstruct and the large the front porch conducts invasive species species removal and restoration and install after the fact mitigation plannings um Jennifer yes Mr chairman I promoted Tim Santos of memoral engineering as a panelist to present his project thank you welcome Tim good evening uh first and foremost I'd like to say Mr bird you're doing a great job tonight as a chair boy is he buttering me up okay okay for the record Tim Santos from Merl engineers and Lance ofes and with your permission I will share my screen can everybody see that yep beautiful all right so uh the property is located at six Whit morav uh the resource areas on and within 100 feet of the property are a bordering vegetated Wetland to the North and the entire property is located in land subject to Coastal storm Flowage Su in property is uh developed with an existing single family home uh paveed driveway porches a shed fire pit lawn and landscaped areas we are here tonight looking for your approval to construct a remove the existing brick porch out front and construct a new porch as shown on the plan we are also looking for after the fact approvals for the fire pit to the northwest side of the house that was constructed in the lawn area it's partially within the fwr azone to the BBW and fwr B Zone as well as the shed that was constructed to the Northeast side of the house that was in a formal landscaped area that's partially within the A and B uh we are proposing mitigation plantings 7 10 square ft we have provided Redevelopment CCS that show the increase in the a for the shed and Patio the increase in the B the 3:1 the 2:1 combined at 703 squ fet we're proposing 710 square fet in an area that was Lawn and Landscape beds we feel that these Pro these two structures could have been uh permitted through the board um the correct way with mitigation plantings so we're hoping that you'll allow them to remain the patio is 45 ft off of the Wetland the closest point of the primary structure is 45 ft so it's no closer the existing shed is closer by about 6 ft at 39 ft but we're hoping the board will allow it to remain in its current location as it was constructed within lawn and landscaped areas and we are proposing uh 3 to one and 2 to1 restoration for the increase of this footprint uh the applicant also started some invasive species removal if you've been out to the site and look to the rear of the property to the north adjacent to the Wetland they have started to remove some of the invasives didn't realize they needed the permit um we were notified by staff when we originally filed an RDA for the porch out front that we needed to withdraw that RDA file a notice and deal with the two structures that were constructed as well as the invasive species removal that took place um so the applicant is aware that he needs permission for anything on this lot now because it's in the flood zone as well as the buffer zone to the bvw to the north uh we are proposing to revegetate this area with Native shrubs and trees adjacent to the stumps that are shown on the plane plan that were located in the field um I believe the staff report had a few comments we have no problems with the stumps being removed they requested um the name of the contractor that would be performing the work I forwarded that over this afternoon and also suggested that um a site meeting take place prior to any construction so that the contractor and staff can review any of the invasive removal in the work in this area which is a normal condition and staff also noted that there might be a need for additional trees back in this area uh what we did was any stump that was located we proposed a tree for replacement um if staff of the commission feels that additional trees are needed in this Northern Area then I'd be more than happy to revise the plan and add those trees as it could be conditioned in the order so if the bo has any questions or concerns I'd be more than happy to address them and I'll stop sharing okay um staff comments Jennifer uh Mr chairman yes the shed is moving closer and although the board is currently discussing that it's it currently does not meet your regulations because it's moving forward so the board will need to determine whether you want that shed relocated or if you allow it to remain where it is um we do think more trees are necessary on site and we can condition that um if the board feels uh board feels the same and I think that's all we got the other questions were answered thank you okay uh listen I have anything to add um just a couple comments um Tim I'm just looking through my packet did you send over bvw data sheets I know originally it was an RDA so maybe they weren't I thought I thought they were there if they're not there I can get them for you okay great thank you um and Tim who did you say was doing the invasive work sorry I didn't read the email yet it's called New England tree and Landscaping New England tree and Landscaping okay and um will it be mechanical work or I I believe they would be using at this point it's pretty much kind of been everything's been removed out of there so it might be some minor mechanical work I don't I don't think it would be anything major okay and thumps mostly okay um and the reason I asked about just reaching all the way to the edge of the Wetland was it was just so close the way it was drawn on the plan but um I realized even the Wetland might have invasives in it so you could just be creeping in and it would never stop um and then yes we definitely were hoping to see a couple more trees I mean looking at the Aerials and the canopies it looks like there were more than six out um but maybe a couple more would satisfy the commission um that's all thank you okay so we'll go to commissioner comments um Steve oh thank you Mr chairman and may I compliment you on your introductory to this evening's meeting um I the only question I have and will remain is the uh issue with the shed um uh at this particular location I'm not overly concerned but we all know what can happen anyway other than that I have no comments thank you okay um uh Ron do you have anything yeah on the we've been talking about fire pits um this looks like it's about 100 Tim it's about 145 Square ft or something like that the fire pit and the patio and the chair correct I mean it's it's almost like a perfect example of what we're talking about on other meetings so I just want to make that comment that's all thanks okay um well Mory do you have anything uh I'm just going to Echo Steve's comment on the shed otherwise of patio with the mitigation would be um appropriate thank you okay thanks Mari Kevin uh didto previous comments thank you and Betsy Tim unsurprisingly I I concur with having more trees there and and I'm just wondering if I don't know what the timing sequence is but we should require the mitigation planting to go in before the construction I I yeah okay I'm just throwing that out there could discuss it in deliberation right if you want okay so that you're all set that's it thanks okay and the only um what do we know about the invasives that had to be removed what were they Tim it it's it's listed on the plan I was I was told that it would some privet honeysuckle Japanese knotweed um R multifloral English IV the kind of the typical invasives that you might might see when some comes in that would cause all the trees to have to be taken down I I don't have that answer for you I'm just trying to resolve the uh and rest so doesn't it make sense before on any restoration that you um make sure that all of the roots and stuff that are in those um that in that work the causes of those invasiv are removed and So you you're not fighting that once you start replanting yes so he has hired the landscape contractor so when the landscape contractor comes in they'll make sure all the invasives are gone before any planting takes place okay was this the same landscape contractor that decided that he could just do this without permission uh I believe this is a new landscape contractor a new landscape thereor and in to the town of FMA to the town of FMA to the best of my knowledge yes yeah somebody ought to have a chat with them okay we'll do we'll do a preconstruction we'll we'll talk about that in deliberations we'll we'll do a preconstruction so I've said my piece is there any any further comments so are we at a point where we can entertain a motion to close this or do we need to continue it no we can close it Courtney y okay I'll make a motion to close the hearing and take it under advisement you have a second a second I have a motion in a second uh to close the hearing and take it under advisement but before we do are there any comments from the audience from in the chat function nothing in the public chat function uh for this project cordney and is there anyone who wishes to speak to this don't believe so cordney okay then um we have a motion in a second on the table is there any further discussion hearing none I'll call for the vote Betsy gladfelter ey bird ey Kevin O'Brien I Mory H Hawks ey ronai Steve p i motion carried next item sarak Reber the Dena Reber Family Trust one I'm sorry 13 Cricut Lane Falmouth Mass for permission to raise ra a Ze an existing family single family dwelling and construct a new single family dwelling upgrade the existing sewage Disposal system conduct invasive species removal and restoration and install mitigation plannings uh Jennifer yes Mr chairman Tim Santos is still with us this evening uh to present this project and he is joined uh by Teresa PR of blue Flex design okay all right Tim now I understand why you were complimentary go ahead um C can you also promote uh Jenny from Blue Flex too please oh got it sorry about that thank you not a problem Jen I don't see Jenny in here Jenny can you raise your hand if you're here got it blue flx design now I see you thank you okay so go ahead Tim you're on record Tim Santos from meral engineers and Lance is representing the applicant um I'm going to do a quick overview of the existing project proposed conditions and then I'll turn it over to Teresa and Jenny so they can talk about the restoration and planting design uh with your permission I will share my screen can you see that y all right so the project is located at 13 Cricut Lane it's at the end of the the road if you go to the very end it's the I'm going to call it the house that's being held up by bamboo oh um the house was originally constructed back in the 20s properties currently developed within existing single family home shed currently serviced by Town water as well as a SE cess pool to the uh west of the existing home in this area here the resource areas onor within 100 feet of the property are a oring vegetated wetland to the south of the house is a coastal bank that runs adjacent to the Wetland and the entire property is located in land subject to Coastal storm Flowage so we're here tonight looking for your permission to tear down the existing home construct a new home is shown on the plan it's more or less within the same footprint of the existing house with some expansions to the South and and I'll call it to the to the West um we're proposing to upgrade septic from a cesspool to a Title Five compliance system that encompasses a Nitro denitrification system the system will also be pressure dosed and that is going before the Board of Health on the 16th uh we are proposing to remove the existing ship to the south of the home and then we'll be constructing a patio to the rear of the home as well all roof runoff will go to dry Wells um I have provided mitigation calculation exhibits that show the increase within the a Zone slight decrease within the B Zone and we are proposing a 3: one increase for mitigation plantings in this hatched area here as well as some restoration evasive removal restoration plantings that Thea and Jenny will talk about shortly um staff did Issue a comment letter and we will be meeting with staff on Monday to do a site walk to review the site because if you've been to it it's very overgrown with invasives and bamboo so it's um need to make sure everybody's on the same page as what was previously developed on landscaped areas and what was native um one of the main concerns on the staff report was there is a small area to the southeast of the house in this corner right here that crosses over the 50 Foot buffer to the bvw so we are encroaching into that 50 foot buffer um by 3 feet that small triangle is 10 square feet and we're hoping the board can make a finding that the overall Improvement of this site would allow that expansion into that zone and Teresa will talk about that a little more um as far as the patio being constructed within the egg you know this is an area that formerly was lawn there's an existing shed that's approximately 12 feet off of the bank and 19 ft off the BBW we're actually taking the patio moving it further away so that it's 25 fet off of the bank and 29 fet off of the BBW so I believe that that um the shed for the p being moved further away being mitigated for is approvable under your current regulations so at this time I will turn it over to Teresa and then we can address any concerns you might have you're on yes thanks Tim I'm actually going to turn it to Jenny and let Jenny present and then I'll be here to answer any questions and discuss um any of the details about the invasive species management um that the commission might have thanks may I have permission to share my screen works is that working for folks yes perfect so I'm Jenny goldleaf with blue flx design Tim covered a lot of the detail on existing conditions and I'll just go into a little bit more detail about the vegetation on the site um as I believe he mentioned there's a significant amount of bamboo that was originally planted as screening vegetation um by a Butters primarily in this area um by the Eastern property line and extending around the area of the remaining uh structure um and that covers several thousand feet of on the Coastal Bank in the Wetland um also in this area there's a canopy of primarily mature Norway Maples and the understory in addition to the bamboo is also composed of invasive plants um Gat weed Bittersweet honeysuckle ja knotweed English ivy FAA black locust garlic mustard border pivot and Native but aggressive raspberry um it's pretty densely covered throughout this entire area the only native plants that we observed were limited to White Spruce a Willow and some sensitive Fern marshm gold and jewelweed in the Wetland we spotted a red maple that was off the property in the Wetland as well but that was uh that was it for natives um so as far as the the go outcomes on this project um we are proposing mitigation invasive species management and restoration and hope to create a significant Improvement within the buffer zone on the Coastal Bank and the Wetland the first goal is of course mitigating for the increase in impervious surface from the proposed home renovation um for that additional 649 square feet the mitigation area that Tim pointed out is along this Coastal Bank um I'm showing it in an olive green and that's 1,970 Square ft that will be restored sted with native trees and Woody shrubs that are intended to naturalize um the plant list at this point is seven native trees consisting of a white oak red maple Tupelo and Serviceberry and this plant is showing 81 shrubs consisting of inkberry Winterberry red and Silky Dogwood summer sweet meow suet fium and low Bush blueberry we did receive the staff comments Inc requesting that we increase the density to 137 shs and we can definitely accom that um I do want to point out that there's also a mo strip a 5 foot wide M strip indicated to the south of this mitigation area um and that is intended to prevent or reduce invasive pressure from this additional area that's um the Wetland that's also composed primarily of invasive plants um we've discussed removal with the home owner homeowner who's planning to approach this in phases um and hopefully this whole area will be managed in later phase but for now we are requesting this most strip um that it might be permitted as a kind of an ongoing as we um handle the initial mitigation phase um and they the other staff comment that I want to mention is that the uh current limit of work is showing on the edge of the mitigation area and the most strip is outside of that um so we can you know it's a something that we can discuss as to moving it outside the the mo area the commission is comfortable with that um the second goal outside of mitigation is managing the invasive vegetation and restoring the Coastal Bank and vegetative buffer um this plan is showing 1,333 square feet of restoration area in this paler green to the north of the mitigation area um similarly we're proposing to replant that with a native naturalized plant Community um with a similar plant list um that's broken out in the planting schedule below um I will note that there are four Norway Maples that are proposed to be removed and we are proposing to replace them two to one with those eight native trees between the mitigation and restoration areas um outside of the restoration area there's additional the rest of the invasive management area we are proposing um shallow rooted grasses over the septic field um adjacent to the restoration area covering 1326 ft a clover Fescue Lomo lawn that's surrounding the house patio living area and then the remaining planting areas are native um foundation and Border plantings that total 534 square feet um which are almost entirely composed of native shrubs grasses and perennials as well um and this restoration area would also be seated with Native grasses and wild flowers I think the only other staff note I wanted to address is that we are showing a ryone barrier along this Eastern property line um it's the uh neighbors also have bamboo on their property and they I believe the homeowner has discussed with them that they're willing to remove that as well but that would be a separate process and without having an understanding of the timeline they were proposing um this ryone barrier along the property line and we're also planning to show that as extending along this um the existing stone wall to this South um because that's the property line and won't have the most strip to the south of the mitigation area so all told um the restoration and mitigation areas combined are intended to create a 3,000 square foot plus unfragmented vegetated buffer strip on the top of the Coastal Bank and the edge of the Wetland um managing these invasive species is intended to reduce their competition with Native habitat and increase the value of cover forage and breeding habitat um Within These connected Wetlands which I should mention um the the wetlands that's identified on the kind of southern part of this property do connect to a larger um shrub swamp Wetland uh to the southeast and also through that system flow out to Il pond in great Harbor so we are intending to create um better connectivity better wildlife habitat and um improved Water Management uh in that whole system and as Tim mentioned there's a on-site followup schedule for Monday that we're looking forward to reviewing the site with you and this evening we're looking forward to any additional feedback and questions that you have for us um traa I don't know if there's anything else that you wanted to add no I think I think Jenny did a great job and I'll just be here to answer any questions um that may arise about the actual invasive species management or anything else thanks thank you okay um Chen do you have any comments Jenny can you stop sharing please sure thank you Tim can you share again please so Tim you stated there was only 10 square feet of the house in zone a to the wetlands this what about the Zone a to the Coastal Bank it's it's no closer the closest point from the house to the Coastal Bank is 18 ft right here and we're we're actually sliding it I guess you would say to the to the east so we're going to be the closest point will be 20 feet so we actually slit it slightly away okay so you're not moving closer in the zone a to the Coastal Bank except with the patio the the patio is a new I'm going to call it an accessory structure Arts gate and it's no closer than the accessory shed to the bank that's not what our regulations say Tim it says it can be nothing shall be closer than the present primary structure so the corner your house is moving closer and the patio is moving closer W so that that's a that's a big that's a doesn't meet the that the house is moving closer but the patio and the shed to me are the same thing there it's it's an accessory structure you could never build over the patio with a house well that's not the way we have rebuild the shed 19 feet away sorry 12 feet away from the bank but I can't build a patio 19 feet away we're discussing that right now Tim and you know that but right now our regulations say that an accessory structure cannot move any closer than the existing primary structure we'll be working through this but this is a a real clear example of why I am very nervous about allowing patios closer than the present primary structure you're almost right on top of the Wetland so I'm going to say to the board I recommend at the very least not allowing the patio um because it clearly does not meet your current regulations if the board changes the regulations within the next 6 months you can amend the order to put a patio but right now unfortunately the regulations don't allow it and we've been very clear in our past rulings about not allowing patios to move closer we've had people angle their patios remove the patios and anything like that I understand the argument Tim unfortunately that's not the way the board has been interpreting their regulation for the past seven years um so that's all I'm gonna say about that if the shed wasn't there I would agree with you but the shed's there so that's where I just had different opinion so yep I get it I I understand and I'm just respectfully disagreeing with it that's all that's fine and and I know we already need a continuance anyway so we'll discuss that that's fine um can you stop sharing Tim thank you um I just wanted to clarify where that um the Coastal Bank went and barrier and you're going to revise your plan Jenny to add those additional shrubs that we were looking for yes we're prepared to do that thank you um that's all I have for right now okay listen uh just a comment here that when you guys are working on the vine removal for um some of those native trees if the trees don't survive rather than just replacing with shrubs if you guys can just consult with staff so we can see if we could fit another tree somewhere before going right to shrubs um and then yes we did recommend that the limit of work be relocated to include the maintenance path since technically that's part of the work um I don't think anyone has a problem with the maintenance path just making it clear that you'll be doing something in that area um that's all for now thank you okay so uh now we'll go to commission comments um Kevin I cat you yeah I'm a little nervous about some of these things so will this be continued or yes is this okay no this is going to be continued Kevin we're actually have a schedule meeting with with blue flax and Merill on Monday thank you do you have any specific concerns Kevin that you no thank you okay all right um let's see uh Mory uh the only question I had was that I mean I have a couple but when I see this 1970 square fet of mitigation seated with septic safe seed mix there is no septic on that area the septic is another area which is 1326 square feet for septic safe grass and wild flower mix so is there a reason why you're using I mean I'm not I don't have any problem with the seed mix it's just there is no septic where you're saying you're using it yeah I can respond to that so the seed Mi that seed mix that we're indicating was put together with the septic area in mind um it's also not super dissimilar from other seed mixes that we would use for restoration plantings um so just the idea would be that it's the same mix that's extended throughout the entire invasive management area and septic okay so you're basically using it as a a a fill in for the a ground cover cover okay that's all because there's just no septic there so I didn't understand why you were using septic plantings so okay and the rest will be hashed out at the onsite and the 42 low Bush blueberry I'm glad that you're increasing the um Woody indigenous because low Bush blueberrya basically a ground cover as well thank you thanks Mari um Betsy so I think you've already said this but I'm just going to confirm you mentioned that the native tree Tre there weren't that many but the ones you did see are you're going to leave there you're going to try to encourage them to to be healthy again yes the only trees that we're proposing to remove are the invasive Norway Maples okay it was uh this was one of the most overgrown sites I've ever seen so good luck good luck for all of you who were going out for your site visit yeah I mean I have to admit I I peered into it from the road I didn't try to see where the house where Tim had laid out the house that's all Courtney thank you um Steve I have no additional questions or comments thank you Ron yeah I had enough courage to follow the bluefax engineer around the house it was pretty scary um that's a site uh that really needs to be upgraded and I wish him good luck on the project is definitely going to be improved that's all thanks okay thanks uh and my only comments are that um this is a tough site to deal with and there are a lot of tradeoffs and um I think you can make this into a approvable project with uh working together with staff but you know there may be some tradeoffs here and the the patio may be have to disappear or be somewhat modified uh there's possibilities of when I look at it you've got that one little corner of three feet that is a sort of a little nibble out of what you'd love to do from a design but maybe maybe there's a possibility that the house can be slid to the North or whatever Direction it is and to get it out of that I mean there are all kinds of things that you can can do to make this approvable you're close but it's sort of a almost but not quite kind of the story of the Patriots this season um okay any other questions or comments from the commission uh Jen do we have anybody in the chat room that wants to say anything doesn't look like there's anybody in the public chat that wants to say anything about this particular project Mr Sharon okay and we have okay and no one wants to speak so are there any other comments then we need a motion I believe to continue is that correct correct okay and do you have a suggested date Tim what do you which date would you like can can we do the eth because I'm G to be filing a few things to for the eth yeah we can do the eth at the request the applicant I think it's either next week of the 8th and obviously there's not enough time but for next week because I can't get a revised plan in in time so that's eth it is at the request of the applicant I make a motion to continue this to January 8th okay do we have a do we have a second Carlo Hawk second okay we have a motion a second to continue the hearing until the 8th of January 2025 are there any further comments questions or anything from anybody hearing none I'll call for the vote Betsy blad felter ey bird ey Kevin O'Brien i j uh Mory har har Hawk th [Music] Ron and Steve m i the motion is carried unanimously we'll move on next up is thank you time thank you we'll see you three on Monday take care have a good weekend y you too okay next up Clayton Jones 100 Garnet Avenue Falmouth Mass permission to construct a deck install a pool with a patio instruct a front entry and shed reconfigure the front walk and parking area construct a new set of access stairs and install mitigation plannings courney give me one second please I have to move people around as much time as you would like thank you I just need to move a couple of people people around that's all where is blue flag I see okay we have Mike yeah everybody's just jumping around right now so it's hard for me to grab the person I need okay I see Mike here yep yep I just want to make sure I didn't lose anybody um oh Angela's am I promoting Angela up as well yes I am sorry Angela I didn't mean to leave you out when you have them all up yep I do one two Angela y there there we go got it yep so I have promoted Mike belli from fouth engineering and Angela Tanner from Crawford Land Management to present their project go ahead You're On Target U Mike go ahead thank you Mr chairman members of the commission for the record Mike belli fouth engineering and I'm repres I'm U accompanied by Angela Tanner of Crawford Land Management we represent the applicant Clayton Jones um I'm going to share my screen and show you some plans and aerial photos for references I'm showing you the property at 100 garat a um it's has driveway access off of of ghadav and there's a circular driveway in house surrounded by uh landscape and Lawn areas and then uh fairly heavily wooded buffered uh areas in and around the peninsula of this land this this lot is one of the last Lots in Falmouth the bour town line is just north of here so Mr Jones has the Good Fortune of being before the Falmouth Conservation Commission instead of the born Conservation Commission and um The Stig uh the river that leads to Stig Harbor is here and off to the West is Manet Harbor the public landing and dock here you you recently uh issued an order of conditions for a dock reconstruction just uh nearby to Mr Jones's property now I will share plans I'm sharing with you a plan of existing conditions you can see the house uh at the center of the lot the lot contains 2.7 acres of land the driveway leading off of garnet um meet Harbor off to the West the Wetland resources of note include land under the ocean land containing shellfish there is a salt marsh along the toe of the non-eroding Coastal Bank there's a Coastal Bank um the top of which is delineated on the plan and there's land subject to Coastal storm flow which runs along the coastal Bay the the proposed activities in house and in in lawn and uh landscape areas are all outside of land subject to Coastal Stone Flowage um there are um plans to do modifications to the house that I'll will now share with you on the proposed plan the proposed changes that are shown on this plan include a modification and expansion of the existing deck if you look closely you can see the in red the outline of the existing deck in the back ground that is proposed to be expanded and enlarged and it's designed in a way that it while it gets larger it does not go closer to any Wetland resources than the closest point of the existing primary structure so it meets your standard for under regulation um um fwr 10.18 there's a small small uh 9 by6 Pool and Patio proposed as well um just off of the deck again these are in an area where they do not move closer than the closest part of the present primary structure some of these improvements are in an no disturbance Zone a lawn area some are in an outer buffer zone B um lawn area and we're proposing to mitigate for any expansions uh in addition to these um improvements there's a proposed new entry on the other side of the house um modifications to the walkways that lead to the entries in a proposed shed um is shown just off the side of the existing house adjacent to the existing driveway the the shed is effectively outside the outer buffer zone B except for one little sliver that I'm highlighting here in this little corner um part of the project um in an effort to reduce overall impervious surfaces calls for the removal of a paved driveway that is in close proximity to the top of the Coastal Bank so we're proposing to remove a significant area of pave driveway that is the circular driveway and replace it with grass uh for some of it and the balance of it that I'm showing with this green cross-hatched area will be grass but it'll be reinforced brass so that it can be parked on we are considering that to be uh perious surface in addition to those improvements the applicant is requesting permission to gain uh access over the Coastal Bank with a Timber stairway typical to what you've seen on other properties we are showing um details of that on the upper corner of plan you can see a profile um there's a landing at the top and there's a couple of Landings in inter inter intermediate uh Landing between this some sets of stairs the up upright post will be 4x4 posts because of um the requirements for mitigation my plan shows mitigation areas the plan uh prohib By Angelo of Crawford Land Management shows all the details and specifications for um mitigation planting and other uh landscape improvements that are part of the overall plan um we will be requesting a continuance to this because we received a staff report um last Wednesday afternoon um the day before the long holiday weekend and it was not possible to meet with staff on either last Thursday or Friday to go over things um we met with staff Monday morning and went through the staff report and the staff report um concluded that there were some uh revisions that we are going to have to consider and make to the plan to address some of their concerns the primary one of which is that there was a plan discovered in the file from 20 01 um that showed an edge of a of uh clearing or the edge of um natural vegetation in a place that um is not currently vegetated so it appears that the uh previous property owner uh we believe sometime between 2001 and 2005 did some unauthorized Al alterations of the uh buffer um we went through this with your staff on Monday morning and we came up with uh a game plan to make modifications to the plan to address um the altered buffer areas those um plans are in the works and it didn't make sense to describe those until they were finalized but the we're proceeding with a strategy that we came up with with Jennifer and Alyssa in the office on Monday so that some of the mitigation areas that we're proposing that you see on my plan and are required because of the increases of impervious surface are in areas that uh will not be mitigation because they will have to be restoration so you're going to see uh new plans at a in a subsequent meeting that show areas down on this southwest side of the property uh that are restored with Native vegetation instead of mitigated with Native vegetation and the mitigation planting is going to be shown in different locations that still meet your requirements in Lo in in your regulations for proper location of the mitigation but it's going to things are going to be shifted around I guess as the simple way of saying it and this there simply wasn't enough time to get plans to you so we thought it we've met with your staff on a on a few occasions um Jen and I initially met um because there was some areas that were suspect um that we w we looked at we looked at aerial photos and we had come up with a game plan uh prior to filing but then um when when staff dug deep into an archive they came up with this plan from 01 um that sort of threw a little bit of a monkey wrench in our plan so we're reacting to that as quickly as we can and we're going to go through that and with your staff and we're going to submit revised plans but we wanted to get your feedback on the project as a whole so that um hopefully if there's other comments we can address those and continue this just to one additional hearing so I will be asking for a continuance to December 18th um we can get you revised Plans by December 11th Angela's here because she did prepare the landscape plan that's going to change considerably so we didn't want to go through all the manuia of that plan tonight only to have it be different um but we are both here to answer questions and get any other um feedback you might have about our project as a whole and with that I'll stop sharing and we're both here for questions okay Jennifer you're on um don't have much to add Courtney the plan is going to change so I'll hold any comments until after I see Mike's uh and Angela's revised plans but we did meet with them um like Mike said we came up with I guess a strategy on how this project could move forward so we're going to be looking at that so my only question here is uh the plan for the existing structure as you showed it tonight Mike there's no no contemplation that that's going to be modified or it maybe none of The Hardscape or Improvement elements on the project are going to change we have sufficient room to mitigate for those in other locations other than the restoration areas So the plan is to basically juggle things around a bit and then add restoration planting as well as the mitigation planting okay so that that's my that's my only question Teresa I'm sorry I didn't I'm rather Alysa I didn't mean to um not that's I have comments you have no comments all right well then I'm gonna i' I've said my piece uh Ron no I'm all said thanks good luck with the changes great Kevin thank you the same Kevin no comments thank you Steve um the same what's that you're all set no com I'll wait till the next rision and Betsy you have any comments thanks I enjoyed visiting the site okay quite a nice view yeah yes okay so we we've got that do we have any comments from in the chat room or people who want to speak Jen um nothing in the public chat it seems for this project Mr chairman Mike you said the 18th yes so you're seeking okay so we are going to be looking for a motion to continue this till January the 18th de 18 December 18th I'm sorry December 18th yes December 18th December 18th I'm sorry Jen is that work it does work I'll make a motion to continue this hearing till December 18th R second okay we have a motion and a second to continue this to December 18th um do we have any other uh any other comments or questions before I call for the vote no oh excuse me no nothing are you all set Ron yeah okay all right here goes we're calling for the vote uh Bessie ey cour is I Kevin O'Brien I uh Mor Carlo hawky Ron CH and Steve at night all right the vote is affirmative we continue this to the 18th of December next up thank you you thank you for your presentation uh Mike okay so next is uh what 99 meadon neck LLC 99 meadown Neck Road FAS for permission to raise ra a and an existing single family dwelling The Constructor a new single family dwelling with attached garage and deck upgrade the existing sewage Disposal system and install dry Wells and mitigation plannings Jen yes Mr chairman mik belli is still with us from Falmouth engineering to present 99 meton neck thank you Mr chairman and members of the commission again for the record Mike Borelli fouth engineering representing the applicant I will share my screen and go through my plan the uh subject property is at num number 99 maton Neck Road there is water Frontage on the where location of where the munus river discharges into um the uh bay area and um the lot has Frontage on that Waterfront the Wetland resources of note include land under the ocean land containing shellfish there is a salt marsh at the toe of the of a non-eroding Coastal Bank the top of the Coastal Bank is shown and labeled on the plan in in addition the area where the Coastal Bank and land subject to Coastal storm Flowage coexist is also an area of critical environmental concern all of the associated no disturbance Zone A's and outer buffer zone B's from the Wetland resources are also indicated on the plan in this case the most restrictive no disturbance Zone a is the 50 Foot no disturbance Zone a from the top of the Coastal Bank and that's shown on the plan I have uh the plan package includes a plan of existing conditions that I'm going to go back to just briefly it shows an existing house and deck you can see the no disturbance Zone a runs from the Coastal Bank runs through the existing deck and then the out buffer zone B is beyond that on the other side of the house the um proposed plan is to raise and reconstruct the existing house and pull it back away from the Wetland resources um for reference in red is the edge of the existing structure so you can see that it was moved back the house got uh larger in some ways and reconfigured and rotated to take a better advantage of views but it also slid back um and as part of the um plan preparation and preparation of the applications we did an analysis of the um imperious surfaces as we do and I submitted to your file exhibits that show um a portion of the existing deck is in the no disturbance Zone a and then other impervious surfaces uh such as the house and the balance of the deck are in the aob buffer zone B uh we also did the same analysis for the proposed condition and you can see that there's no more shaded blue areas because we pulled completely out of the no disturbance Zone a when we move the house back um but there is still an increase even though there was a decrease in B there's still an overall increase um that we had to mitigate for um which totals 624 square feet of mitigation planting and the plan um before you shows that in a green shaded area on this plan for reference and here's that same green shaded area relative to the top of the Coastal Bank it supplements and enhances the existing buffer and it runs along the front face of where the existing house deck is um there are two two trees that are shown in the outer buffer zone B that I'm going to uh try to zoom in for you they have big exes through them a 9inch Oak and a 13inch oak we're we're mitigating for the that tree removal because it just wasn't practical to have those right next to the house like that so so uh we have a requirement for uh one tree for the mitigation planting so we're we're we're providing a total of four new eastn red cedar an area that's already Disturbed if you look on the plan you'll see a chain link fence this is a dog run that um we discovered was built without permission shocking um by a previous owner um so your staff report points that out and and um suggests that we show the the uh in more specifics the edge of the vegetation on the outside of that um chain link fence so we're going to give you a revised plan that shows that that that chain link fence is all proposed to be removed that that area is no longer going to be used for that purpose um another comment by your staff suggested that because that there's no evidence of permission for that that we enhanced the um buffer to the Wetland by providing additional planting in the no disturbance Zone a portion that was altered without permission so we're going to give you a revised plan with uh additional um planting in that area and we're going to shift those uh cedar trees um out of where we want to put the shrub buffer there were a couple of other um minor uh comments in the staff report that we are happy to address I had put a note on the plan about the mitigation plan thing and a note that said to maintain to a to no less than 5 feet height and your staff didn't like that note so I'm going to take that note off because they would prefer that we come back for Vista pruning and not have the note on the plan so we're certainly had willing to do that and um I labeled some places brush instead of uh a better term which is Woodland so we're going to make that plan revision or that labeling revision and I think that sums it up so I had spoken to your staff as uh recently as this afternoon I'm hoping because of uh the the M I think minor modifications unless you have other issues or concerns when when you you're making your comments if these are I'm hoping these are minor enough that you could close and I could get your revised plan before you issue the order of conditions just because of the fact that we have two you have two weeks that you're not meeting because of the holidays and it would be appreciative if you could do that but I stand ready to continue if necessary and I'm now ready to answer your questions okay uh Chen do you have um some comments yes Mr chairman um I don't have any comments we spoke to Mike he's going to make the plan revisions for us and I'm fine with closing the hearing and conditioning a revised plan okay uh CH Le Lissa no comments thank you okay um I'll take take comments from the commission Betsy I also have no comments Ron it's a beautiful side mic and just one question any chance of moving it further out I mean yeah I know you have to consider the view in the wetlands and the house and the but it's so far back off the street could you just move it totally out of the buffer H I will have a tough time convincing my client to do that he I had a tough time convincing him to pull it back as much as I did I think I don't really think we could consider that yeah okay thank you no comments coms Kevin it it was worth a shot though uh for the com thank you uh Mor um I was glad to see Mike that you put on there um anticipating future dite issues yep that's something we've been doing I didn't speak too much of the septic because it was outside of jurisdiction but yeah we've been doing that on all plans now y thank you um no comments okay and Steve do you have anything thank you I just wanted to say we've gone from born to mashby and one meeting almost almost okay and I don't um have anything to add I'm fine with um a revised plan when um and that'll be submitted when I expect it I expect to submit it um sometime next week which would be well before you'd be issuing your order of conditions uh we're going to be voting on it I would we're meeting next week is that correct or yeah Courtney we'll get the plan don't worry okay so you know where Mike's office is yeah all right so we don't I have no other questions and are there any comments in the um I mean any um yeah any comments in the chat room does not appear to be any public comments on this project M I make a motion to close the hearing and take it under advisement Ron wasn't there a letter from an the butter is this the project yes there was they wanted to they wanted screening right between this project and their house are they there in the chat room no Courtney we've got nobody the only person that has their hand raised is for a different project okay maybe Jen you could forward that to Mike and Mike could give it to his client I mean it's between the neighbors okay that's fine okay Drisco second then okay so we have a motion a second to continue this until the date what's the date 11th no we're closing it oh no I'm sorry we're closing okay the motion is to close the hearing and take it under advis uh any further comments or questions hearing that I'll call for the vote Betsy blad felter ey bird ey Kevin O'Brien I Mory harlo hawky Ron Risco ey Steve an i the motion carries okay the hearing is closed we move on to the next one which has been continued that's uh Margaret uh stco trustee uh 158 Westwood Road that's been continued until the 11th then the next one up is Barrett Richard Barrett trustee three Charles River Road that's continue to the 18th and then nine child's River Road you have to vote those yeah Courtney we haven't you didn't officially vote the two child River ones yet so you need to open those and and we need to vote them uh stros I thought we continued we did I'm talking about Barrett and nine Charles River okay we didn't do that then I'll open the hearing thank you what I stand corrected um Richard C Barrett truste Richard C Barrett revocable trust three Char River Road East fou with mask permission to Evol install of vinyl sheet piling bulad behind a failing Timber retaining wall Jem yes Mr chairman the applicant is requesting a continuance until December 18th okay and we can handle it all right okay we have a motion second and we have motion a second to continue this any discussion hearing then I'll call for the vote U Betsy glad filter ey birde ey Kevin O'Brien I Jamie I'm sorry Mory Carlo hawky Ron Steve B N motion carried continued next uh nine child's River LLC nine child River Road whis FMA permission to stall final sheet piling bulkhead behind a failing Timber retaining wall Jen Jen yes Mr chairman the applicant is requesting continuance until December uh December 18 so move foad filter second okay a motion in a second to continue this to the 18th do we have any discussion hearing none I'll call for the vote Betsy tter ey bird ey Kevin O'Brien I Mory car hawky Ron and Steve and I motion carried is continue to the 18th next Mary May Carol trustee 115 child server Ro permission to license mainstain and construct an extension on a existing license walkway and relocate one existing dolphin pile uh Jen we already continued this to December 11th Courtney okay and Cindy coachs did we do that one too we continued that until December 18th all right then we're on to Paul do uh Paul brck 51 the Manet Road found Mass permission to raise Raz a s a single family dwelling construct a new single family dwelling with Dex install a new title 5 sewage Disposal system and conduct invasive species removal and restoration and I believe this has not been open before so the Quorum is our is all of us am I correct correct yes okay and I have promoted Mark dib of cap and Islands engineering up to present his project Teresa sprag with BL flax design and Teresa I thought I grabbed Jenny hang on oh yep and Jenny from Blue flax design okay anybody else Mark so Mark I guess you're the lead on this right yes you're on uh yes Jen I think that's all set um good evening Mark dib with cap and Islands engineering on behalf of the applicant for 51 the masket road Paul J BR we're here tonight for a notice of intent to raise and replace the existing dwelling at the site with your permission I'll share my screen so the uh property tonight is an existing dwelling at 51 nascet Road um to the east uh is nascet road to the South is kind of a dead end uh also of nascet Road and to the West is Buzzards Bay um there's a Beach area um off off the screen pretty far away from the site um the resource areas affecting the site are a coastal Dune that um comes up to uh pretty close close to the existing stone wall um on the just off the property uh also wraps around into towards the end of that the masket road um and then the associated a Zone and B buffer zone with that Coastal Dune and then the entire site is also within it's partially within the a velocity uh elevation 18 Zone as well as an AE 15 Zone over on this side of the project so tonight we're proposing to uh demolish the existing um house and propose a new house um that is basically aligned um the Westerly edge of the proposed deck is going to be aligned with the existing house um the house itself will be set back some uh but so on the Westerly face face it's aligned and the souly face it's also aligned essentially um and then the new house will be built on piles to Velocity Zone standards uh on the first floor will be at elevation 22 so that the horizontal lowest horizontal members will be more than 2 feet above um the base flood velocity Zone elevation of 18 um there will be an existing gravel driveway uh that will support some under the structure Structure Parking in this area as well as another kind of drop off um paved parking area for a front entrance um there is a new septic system being installed that will include a which would actually be voluntary but will include an IA component so an Innovative alternative nitrogen reducing system will be installed it is not an increasing flow for the property and um roof drains will be provided uh We've shown a limited work associated with with the project uh there is an existing flagstone walk that is proposed to re be removed um there is a portion that uh goes off the Locust property onto a nascet road uh home owners trust property um we've been seeking permission to remove that se ction of walkway we do not specifically have that yet so we would um request potentially request a condition that that cannot be removed until permission is provided to to staff or to the department um so this little section here this last section it would look kind of kind of odd to remove the portion on our site and just leave this last section but we also understand we do need permission and would provide that before any of that work would take place um and then uh lastly there's a planting plan that um I will let uh blue flax design present I'm GNA stop sharing and they can hopefully share great thank you good evening Teresa sprig I'm introducing Caitlyn um kimer who's going to be introduc um proposing this for you tonight sorry thanks Kaitlyn you did a Switcheroo on me I did Jenny Jenny is here so we're having a a conservation hearing party so okay great um Caitlyn cimer with blue flax design and I will share my screen can you all see that yes okay make it bigger all right can excuse me can you amplify that the the map there rather than just the yeah better yeah thank you definitely yeah okay how's that good okay all right so our plan proposes invasive species management and Restoration in approximately 500 square feet within the buffer zones to the coastal Dune and an additional 12 12200 Square ft of invasive species removal and native plant restoration is proposed outside the buffer zone within the flood zone and the invasive species on site to be removed include one large Norway maple at this um Southeast portion of the property um black swallow wart border privet Bittersweet English ivy porcelain Berry shrub Honeysuckle and multiflor row are also prevalent on this site uh specifically just around the perimeter of the site on the north east and south portions of the property um we're proposing to restore these areas with six native trees including Eastern red cedar White Oak and tupo 42 native shrubs including Bay berry winter Berry and viburnum and 16 native little blue stem grasses and we're also going to remove the existing Cape Cod lawn from the kind of front lawn area and store it with a native shade tolerant herbaceous ground cover um mix and based on your staff notes from November 5th we've increased the number of shrubs uh within the a andb zones and we'll plant them more closely together um on the north south and east sides as well um and we've also moved a proposed tupo that was in the northeast corner of the property into the azone down here here in the Southeast portion of the property as well and we also have um located the existing trees on the Northern portion of the property and we observed four Eastern red Cedars one black cherry and one white oak tree uh and they were not on the plan originally we apologize for that um there is one Eastern red cedar within the limit of work that will have to be removed for house Construction and for the other remaining uh native trees in this area we'll remove the invasive Vines and do some regenerative pruning and hopefully uh they will be able to kind of bounce back and we'll keep them in their place there uh and if for some reason we return to the site after treating invasive species and doing this regenerative pruning um and we determine that their survivability is not good uh we will meet with staff on site to um discuss removing them and replace them with other native trees and I think that is it for me right now and if you have any questions I'm happy to answer them thank you thank you very much um so uh Jen do you have any comments on this or is there anybody else that needs to present can you stop sharing please thank you you might have to share again if the board want I don't have any questions Mr chairman just um Mark if you don't have the existing trees on your plan we need you to show them on your plan for us but we can condition that I believe they were added on to the 12324 plan but um we'll just make sure it's okay okay yeah sorry I'm looking I'm just looking at the 1125 plan but um I'll grab that one thank you Alissa do you have anything to add uh just a note I do believe we received that plan and it to the F great thank you Mark okay thanks I will turn to commissioner comments um Ron can I have some of the Whiffle balls that are just behind a stone wall about a dozen of them right off the stone wall so there must be some good family uh games there the lawn the lawn should be firm to put up with all those with all like the activity that's all I have thank you bety no comments thanks Mory um the only question I had um maybe for for the blue flax gang is um some of the the The Cedars are only I don't know I think let me scale it again but I think they're pretty close and we're like they're only 8T off the walkway and 10t off the center of the tree is only 10t off the center of the house and I'm just wondering if you know all these the plantings all seem to be boxed in right around the building and not so much to I know it's a they're taking out you know invasives but um I'm just wondering you know in the future when they they grow to their natural their size the ones along the north property line are only if you took the center of them again they're only like 8T off the house so I just want to make sure that they're you know not going to be too tight or overgrowing into the natives the neighbor's property or whatever but other than that that was my only concern thank you thanks Mar I see anything being planted closer to the resource to be honest okay Steve I have nothing to add thank you Mr chairman and Kevin last but not least well last has nothing else to add thank you Mr chairman and I have nothing to add uh so I will um find out first of all do we have any um people in the chat function that want to chat there is one person that has been patiently waiting I am going to promote a gy pette up to ask his question okay Jim if you can show your video and turn on your sound will be in business very good how's that it's lovely thank you for uh letting me speak um I really appreciate it um my name is Jim pette as you know um I reside directly across the street from 51 toask um my wife and I we support what Paul and Sue are doing um it's going to be a nice beautiful home uh great addition to the neighborhood um but you know we understand that the house now has to be built up and that's going to you know lessen our view of the water quite drastically um and we understand that and that you know we'd like to see if we can work with the commission and blue flx to see if we can come up with a plan that um does not hinder our view as much as um it could possibly be um we're concerned about property value um our views from the second floor FL once the house is raised is going to be um minimal compared to what we have now especially on our second floor from our master bedroom in our office um and you know the structure from what I gather is going to be maybe 10 to 12 feet higher the overall height is going to be close to 35 ft um the issue that's a main problem for us is where the width of the property is basically 12 ft wider more towards the back um property line which would be their backyard where you guys are um been talking about the trees that you just mentioned um there are several trees that have been an saw and most of them are dead covered with vines uh I know they're going to try and restore them um like I said we'd love to work with you guys and see if we can come up with a plan that removes the existing trees now so that we could put something in that is does not grow as High um or as wide as what is currently there now um the trees I know the largest one in the back is coming down to make room for the um house but all the other ones the four red cedar I guess the black cherry um and the one o they are covered in Vines they uh some of the vines are grown into the trees or the trees grown around them so what I'm proposing is that we work together um to try and uh mitigate what our views are going to be that will be taken away um and put something in place of there's a lot of shrubs going in um like Arrowwood Winterberry Northern Berry um they they seem to be don't grow as tall um and if they're trimmed and maintained properly they will not be an issue for us um I don't know what else we can do with uh removal and placing something in place that will not grow um over time to block of again thank you for your time and I appreciate it and look forward to working with you thank you Jim I I certainly understand your concerns and I think um our job is to deal with the wetlands and creation of adequate buffers and so forth however that said I I would certainly encourage you and um uh the presenters here Mark and Teresa and and everybody else on that crew as well as dealing directly with a homeowner to see what you can work out and then they can come back to conservation to staff and say you know this is what we're proposing and is that acceptable I think that's kind of the way you need to work that would be great I've already talked with um you know I it's it's not an easy thing I understand you're situation and and you know but we also have a responsibility for the environment and we have to deal with that so it's a it's a sort of a tradeoff and um you know oh I I totally understand it I've been through it we built new here too so oh I know yeah you know you I mean I think back to the times when I said I should buy the neighboring lot and then I don't have to worry about a house there and and then I look at my pocketbook and there's nothing in it so yeah deal with the situation you do I I emphathize thank you for your comments Jim do we have anything else in the chat room in the chat function it doesn't appear we have anything else Mr chairman so we are we ready to close this I believe or do we have a motion I'm sorry I guess we're will entertain a motion uh make a motion to uh close the hearing advisement second okay we're Motion in a second to close the hearing and take it under advisement we will be voting this next week so you guys should talk to each other in the me you know you shouldn't let that go okay excellent all right so um are we ready for the vote we're ready Courtney all right ey glad Feller ey all right go ahead bird ey Kevin oh Brian I uh Mory carello Hawk I Ron I and Steve and I we've got everybody unanimous it's a motion carried we close the hearing next good night guys agenda good night thanks everybody you Courtney next on the agenda is requests to amend an existing order of conditions Dan Seline 995 Adam Manet Road fou Mass request to amend and Order conditions for Mass d25 4689 to replace the previously pered uh per permitted kayak launch with a launch sport lift Chen yes Mr chairman I'm promoting Dan Seline up he is going to present his his project I think Dan's presenting his project good evening Dan go ahead you're on De yeah thank you Sherman bird and members of the commission I'm Dan sine um I'm uh here tonight uh representing myself uh and Chris aruchi my wife we are the co-owners of of 91 rather in this case 95 Adam aner Road um the uh I guess I'd like to share my screen let's see okay there we go yeah um so uh there's a file you know on this on this project uh uh you know would describe um you know 95 anim Road lies between adamsa Road and camesa pond um there is a a gravel driveway uh that departs uh adaman Road runs along the shoreline um and uh and to access a property known as the camp which is 90 91 Adam maner Road the uh in uh on January 31st uh 2022 uh the commission issued an order of conditions for the construction of a hillside Uh Wood uh step system uh a lightweight aluminum dock and a Kay kayak launch um the dock is of is uh 48 foot long dock um you know um this is a a closeup of the of the plane view uh the U in a in a section uh showing the pond profile so the the kayak launch was which is uh the issue of this uh request is an accessory uh feature um at the end of the dock um it uh it enables one to board and deboard a kayak directly from the from the dock um thereby and allowing the uh the kayaker to remain dry under the best circumstances um and but importantly from a from a environmental standpoint an ecological standpoint it moves the activity uh the boarding and deboarding off the shore uh to the to the end of the dock and and uh and that that you know is important because it it allows the the bordering vegetated vegetation along the pond Edge that will be that is to either side of the of the dock where it meets the the land uh to be undisturbed um where it if you visited the site you've probably noticed or you may have noticed that where that vegetation you know has been disturbed by natural you know process is uh primarily wave action um you know it erods the driveway and U and floods the driveway at times um so so uh you know our aim is to is to minimize um the activity along the shore and to shift that activity to the end of the dock uh in the form of this kayak La launch uh the uh let's see I'm sorry got my wheel going the wrong way here okay so the so a kayak launch is a is an aluminum ramp uh that is that's connected to the dock um on the landward end it's hinged and the and the the dock or the the launch where it meets the water uh floats okay um ideally you know the the distance between the Dock and the and the and the water level you know needs to be 12 in in order for the ramp to have a pitch you know that will enable the the the launch to work you know properly which is to say that that if the water level drops and the and the the ramp uh steepens um it's it doesn't work um as well in fact a highlighted message here this is a a a exhibit from the doc manufacturer that says that that this is ideal for controlled bodies of water with a minimal uh fluctuation so that's kind of the that's sort of the issue that brings us you know here here today um since when we when we when we uh prepared the notice that led to that that the order um enabling us to build the dock and the and the launch we were new homeowners and new to kunet Pond and um and we um so as a Minnesotan landed 1,000 10,000 lakes um I thought that the lakes and ponds were static you know for the most part the water levels didn't change you know too much and I I think of myself as a as a lake expert so at KES Pond we found that that's not true at all um KD pond water levels peak in at in April of each year and Dro continuously you know until the check Dam at kesa River is closed late in the year uh this is you know related to the management of the pond uh to support the hering Run um from the high waterer elevation to its low water elevation the pond level drops 18 to 24 inches um where the vegetation and we also observe that where the vegetation uh borders the pond where where it's where it's eroded by wave action the waves said periods of high water or the driveway to the historic Camp okay so I I took this picture today uh just to sort of uh illustrate uh the the the how dramatic you know the pond level changes um you know the pond is at its low level uh now and you can see where the lyans uh begin you know on on the rocks and there's no there's no lyans below a certain level you know all the way across and I measured the you know the distance between the water and the the the lyan line um and it's uh it is 24 Ines so the pond you know the pond water levels you know changes dramatically and can and changes right through the summer um here again you know I'll just point out that the the the dark Flat Rock you know that you see in the center of the picture um I know from experience um is is covered with water in the spring you know so so the water level is is that high then and then of course it drops through the summer until fall where it is now okay um yeah okay so so what we are requesting is that the commission um amend the order to allow us to use a kayak lift uh to support the kayak launch okay so the lift is simply you know a small boat lift that is that is uh you know also manufactured by our doc provider um and uh and it's designed to to hold the launch okay so what we're looking at here is the same launch as is is otherwise hinged to the dock but in this case it rests on the on the lift so what the lift will would allow us to do is to very easily adjust the level you know the height of the launch and you know to the dropping level of the water through the season you know if not you know without that you know our only way to do that would be to drop the entire dock you know through the season and you know the launch being hinged to the dock so so that's kind of uh impractical and so we are uh so we're asking that we simply you know can place the the launch on this small lift you see in the plan view you know the there's not a significant increase in the footprint of of the uh of the launch of the lift and launch compared to the launch alone thank you um okay there's one more picture here oh forgive me here we go all right so this is the picture of the launch resting on on the lift um and um yeah I I think this this uh is as the highlighted section of the of the exhibit reads if your water levels fluctuate which they do our launch Port lift raises up to 75 in so water is never Out Of Reach so so this uh in this uh is uh you know a feature that's going to enable you know us to meet our goals which are to minimize the damage you know to the bordering vegetation by enabling boarding and deboarding of Kayaks at the kayak launch not the shoreline um it enables convenient adjustment of the kayak launch level by placing the launch on a small lift the lift is supported by four posts on pads the pads will rest on the hard bottom of the pond uh no vegetation uh would be Pond aquatic vegetation is disturbed by you know the the lift uh this will minimize Shoreline uh you know disturbance of Shoreline vegetation and thus minimize driveway erosion so um so that's the story and um you know i' be happy to answer any questions you may have thank you Dan um Chen do you have any comments no comments Mr chairman Dan can you stop sharing please yes thank you uh okay oh I see okay and that um okay so uh Jen you have no comments no Mr uh Teresa Alissa Alissa that's me I'm sorry Alissa no comments thank you okay and um I'll move to staff I mean to commission comments Betsy no comments thanks Mory no comments thank you good presentation Ron no comments Evin no com comments Mr C thank you Steve no comments it just makes sense and my only comments are too one um you know that the um the surface underneath the deck will support uh the weight to those four lifts the four lift points yeah it's hard bottom you know it's a gravel sand you know bottom and does that and does that come out in the fall or do you leave it in with the ice and everything else well um you know I will try to leave it in you know honestly I think that there again um if we can Su successfully leave it in um through the season it minimizes the shoreline activity you know and and uh that's a benefit you know so uh that has worked at the camp where we have a float a do a dock that has a float and uh and so so uh you know our we've haven't observed a really thick freeze for the years that we've been here okay I'll make a motion to close the hearing and take it under advisement just a second all right we have a motion in a second to close the hearing and take it under advisement do we have any anybody in the chat room that wants to speak or comment nothing in the public chat Mr chairman and okay and there's no further discussion hearing none I'll call for the vote to close the hearing and take it under advisement Betsy blood filter ey bird ey Kevin O'Brien ey Mory H Hawai uh Ron Steve I motion carried um it's closed and I take it under advisement okay thank you very much everybody Dan thank you yeah have a great holid season you too okay next on the agenda is we have hearings under enforcement order both have been continued and that brings our regular business to an end again I will remind forget the audience to one thing that we do have a meeting tomorrow between four and five in the civil defense room for anyone who is interested in serving on this commission we would love to have you join us and we will convince you that it's the greatest things that ever happened um courney you have one more matter we have to officially you have to officially withdraw the quet harbor preservation trust extension I'm sorry yes I so yes the qued harbor there was a request to an extending order conditions and they um have requested to withdraw do we need to vote on that no no but did need to announce it so they're withdrawing because their their permit is currently still valid due to the permit extension Act Right same same as the other withdrawal that we had okay I'm sorry I took that miss that thank you um do we have any other business before this commission anybody want to bring anything up hope not okay then I will entertain a final motion I make a motion to adjourn Patton okay bird I O'Brien I car Hawks ey i b and I I think everybody's responded and so I declare this meeting adjourned thank you very much [Music]