##VIDEO ID:mktFtQL_yeM## good evening I'm Courtney bird I'm the vice chairman and I'm going to be sitting in for our chair and Jamie who couldn't be here and I'm calling the Wednesday uh January 8 2025 meeting of the Falmouth Conservation Commission order before we start I want to uh uh confirm that all members of the commission are present except for Jamie Matthews and Betsy gladfelder uh yes and also I'd like to welcome our staff Jen Alysa Fallon Mark Laura and Kristen this open meeting of the fouth Conservation Commission is being conducted via zoom and is also being broadcast on cable channel 9 and streamed online at www.ft I'm sorry fctv domor chapter 107 of the acts of 2022 regarding covid-19 allows for full participation in this meeting for those who want to view the meeting but not do not want want to participate we suggest 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 use to see and to hear the meeting in real time if you want to speak at the meeting let us know via the chat function at the appropriate time the chair will call for public comment when you are selected you will be moved into the hearing as a participant your audio and your video must be enabled be succinct in your comments and respectful of others public comments are limited to three minutes each and are confined to uh issues before this commission not zoning or other athetic issues the link in the inter instruction for joining the meeting are posted in the agenda posting and can be found at www. Falmouth .ov conservation fctv will also be posting information how to access the zoom meeting during the broadcast of this meeting this is meeting is also being recorded so please be aware that you as a panelist can be seen and heard unless you have muted your microphone and shut off your camera and that includes any open windows on your computer if you using the screen share function therefore please act accordingly before turning to the first item on the agenda I want to review some Basic Ground rules for orderly conduct of our business and to assure accurate meeting minutes as chair I will introduce each speaker on the agenda please remember when you speak to unmute your microphone and turn on your video so that you can be both heard and seen and uh speak clearly um please do not uh speak unless recognized by the chair yes you if you are a meeting attendee and want to ask a question or make a comment please use the chat function after each presentation the chair will ask staff members for questions or comments the chair will then ask for commissioner comments and or questions after the presentation and staff and commission discussion the chair will ask a staff member to read any questions or comments typed into the zoom chat by members of the public following that the chair will call for public comment all votes of this remote meeting will be taken by roll call I will call out the name of each member and ask you to repeat your last name before stating your vote now uh the first order of business on our agenda is to approve the minutes of the meeting of December 18 2024 has anyone read the minutes and want to make a motion Mr chairman I reviewed the minutes and I'd move the approval of the minutes as written do we have a second riscal second we have a motion in a second there any changes no hearing none I'll call for the vote uh let's see be I'm sorry um bird I Kevin O'Brien i j um Mory Carlo hawky Ron Risco ey Steve I I think we got them all it's passed okay next set of minutes was from the meeting of December 27 2024 has anybody read the minutes and want to make a motion make a motion to approve the minutes as written Paton we have a motion and a second to approve the minute as written as any questions discussion changes or modifications hearing none I'll call for the vote um Port yes uh Kevin O'Brien yes okay uh myy Carlo Hawks I uh Ron just go I Steve I motion carried next we go to um requests for determin I'm sorry request for continuances under a uh determination of applicability uh Jen courney you want to read it uh yeah I'm sorry Joshua Cardoza 40 Man Manuel uh Mary Manuel W fouth Mas permission to remove vegetation and and conduct Gra Alysa uh the applicant has requested a continuance until January 22nd okay okay was is there a reason do you have a reason did you have a reason is there a reason for this yes staff is still working through um the plan for right now okay so we have a motion a second to continue this until what's the date 22nd uh January 22nd okay uh bird I uh Kevin O'Brien I uh Jame uh Mory Carlo hawky Ron Risco ey Steve I I motion carried next um we have a request for continuance under a notice intent first Michael Bedard 27 Sycamore LLC 27 Sycamore Street Bou Mass permission to raise R A Ze the existing fam's DW dwelling and shed and construct a new sing single family dwelling with attached garage deck porch and install a paved driveway and retaining wall Rec connect to town sewer and install mitigation plannings uh Jen or Alissa uh yes Mr chair uh chairman the applicant is requesting a continuance until January 22nd some move car Hawks second all right we have a motion a second to can you do this to 22nd is there any discussion hearing n I'll call for the vote bird I uh Kevin O'Brien I Mory Al hawky Ron Risco ey Steve and I it's carried unanimously next uh Wayne van warts the seale Lane Community Association Inc zero Davis Ro map SL parcel number 40-11 d013 d00 fouth mass for permission to reconstruct and enlarge an existing licensed Community doc system uh Jennifer yes Mr chairman uh the applicant is requesting a continuance until January 22nd don't move okay a motion we have do we have a second fisal second okay we have a motion in a second to continue this to Second chairman which which which item is this uh this is Cell Lane Cell Lane Wayne Van Wart thank you second second Mo thing on continuances okay so ready for the vote uh bird I uh Kevin O'Brien I uh Mory car ju Fisco and Steve B motion carried unanimous next continuous Nicholas P poit pitris I'm boy I've destroyed that one I'm apologizing 10 uh Central Avenue fou mass for permission to remove a patio struct in addition to stall a fence and install plantings uh yes Mr chairman the applicant is requesting a continuance until February 26 so moved harlo Hawks Risco second we have a motion in a second to continue this hearing to the 26 any questions or comments hearing none I'll call for the vote bird I Kevin O'Brien I Mory H hawky Ron M Steve I motion carried the motion the the uh hearing is continued to the 26th next we have requests for continuance on under an enforcement order Jane fur 2622 and Z shv SH View Avenue that's map and parcel number 39-2 C- d504 fou Mass unpermitted removal of salt marsh vegetation and unpermitted reconstruction of a deck within conservation jurisdiction uh J yes Mr chairman the applicant is requesting a um um or the resident is requesting a continuance until February 26wks second motion a second to continue this to the 20 fifth or sixth did you say 26th that's six not five right correct okay uh January February 26 is there any questions discussion or anything by the commission hearing none I'll call for the votee all um bird eye Kevin O'Brien I Mory Carlo hawky Ron Bal ey Steve ad I motion carried it's continued to the 26 next uh they're actually yeah Patricia Burke or I'm sorry Pat Burke Patrick Patrick Burke trustee Church Street trust 158 Church Street Bas Mass unpermitted remove removal vegetation with a buffer Coastal Bank Alyssa do you have the continuing datee on this one yes uh in speaking with their engineer we have chosen February 26th I'll give them enough time to finish up their plan and allow for some staff review okay now it's just 158 because they're actually both will be continued it just didn't make it that way on the agenda okay so uh just out of curiosity the John Cook uh which is 170 Church Street is that also part of the same thing yes they're together all right so we need to vote that one as well but we'll do that separately yes all right correct uh all those in uh I'm sorry we have uh is there any comments questions about this okay hearing and we do have a motion in a second am I correct yes okay so B bird I uh Kevin O'Brien I Mor my you're muted I'm sorry harlo hawky um Ron CH and Steve M okay so that one has been continued we'll hold the other one till we get to that item on the agenda since it didn't appear at this point moving on request for determination for applicability under a request for determination of applicability as RDA the applicant is asking the Conservation Commission to decide if the provisions of the Massachusetts Wetlands protection act and or the F Wetlands bylaw apply to the proposed project a negative determination is that the provisions of the ACT Andor bylaw do not apply therefore it can proceed as as propose a positive determination is that the provisions of the Act and the bylaw do apply therefore the ACT app applicant will have to submit uh a notice of intent for the project if she or he or she wants to go forward with it in simplest terms a no means yes okay first up uh Maria hickey Associates landscape Inc 20 Wheeling Avenue F Mas for permission to temporarily install hay bales and snow fencing plant American beach grass and conduct Dune nourishment um Alysa staff recommends a negative3 under the state and a negative2 under the bylaw staff also recommends a positive one for the use of hay bales resource area boundaries are not confirmed and I can elaborate um okay do we let's get a motion first we need a motion I think Courtney let Alyssa explain our our our um recommendation because Maria does want to address the board all right go ahead so maybe you can um start bringing her in I just got her okay yeah um so in review we did meet Maria on site to go over this project and the one following um the idea is to help retain these Dooms during the harsh weather of the winter months um staff was uncomfortable with the use of hay bales uh we have seen them used on other properties and a bit on this 20 Wheeling property where you can see that there is some damage to the dune once the hay bales are used um staff was unclear on the board's view of the use of hay bales during the winter so we wanted to bring this to your attention and um Insight discussion and Maria is here to advocate for the project okay um what I'd like to do is have a uh hear a motion on the on the on the on your finding or your recommendation and then we'll we'll hear from Maria okay so I need a motion and the motion would be for what uh a negative on everything except the he Bales is that basically it okay so I need a motion Mr chairman yeah I'm uncomfortable I'm not ready to vote yes or no on the hay bales could I so you wantan to you want to separate it out is that what you're thinking no I wanted to hear the discussion actually yeah okay go ahead Marie Mar then on that basis Maria why don't you go ahead and tell us what you need to tell us thank you Mr chairman no problem thank you so much good evening Commissioners board members and conservation staff for the record Maria hickey Maria hickey and Associates Landscapes um there is a about 900 feet of a concrete wall that AB buts um a beach at the mouth of fouth Harbor and it goes through a number of properties we have 20 Wheeling Lane as a client and they have a sand dune on the edge of their property and each winter all the other homeowners have installed hay bales because during the winter if we have really strong storms the waves come right up on the land and they're taking the beach they're um desecrating the Beach Dunes uh one of the homes lost about 15 feet of Dune last year and we have found that the hay bales when installed along the top of that Wall prevent the waves coming through and taking the Dune out to sea and our methodology for doing this for like the last 10 years was that we stacked two t hay bales High along the top of the wall so the hay bales are two feet wide one foot's on the wall one foot is on the actual Dune and we have to put the Stak through the backside of the hay bale because the wall is in the way you can't get a stake through um concrete conversely The Neighbors on our left have not put stakes in and every year their hay bales wash out to see and I have photographs that I've emailed to uh conservation I can share those with you as well that show this the property to the right of us has never put hay bales and they have 140 feet um and they are missing a huge section of Dune the erosion is just horrific and they came to me and asked me and that'll be the following RDA for help on their parcel when we put half the hay bale across the top of this concrete wall and the back half of it is in the Dune we lose about 12 inches of Beach Grass our era in the past there was a miscommunication we thought that the permit which they had a few a number of years ago to put the hay bales and the snow fence in was in perpetuity I was told the wrong information so I came in and I met with Alyssa and Jan during office hours they also came out um and did a site visit because we always wanted do things the right way ask for permission etc etc um and we had volunteered back in the spring to replant the section of Beach Grass the 12 in that was missing from damage from the hay bales which had stayed on the property for an extra month and a half that's a whole another conversation um so in our professional opinion and we do a lot of hay bales and silt sock on all of our properties when we're doing projects to prevent any erosion the 12 inches of damaged Beach Grass which can be replanted every year is far less detrimental to the Dune than losing 15 feet of the Dune because there's no hay bales um I'm going to see if I can share my um let me know if this comes up hold on on the screen because I'm first time I'm trying to do this let's see um I might not be able to to do this nope I can't okay well Jen Alissa do have um the photos and Fon I emailed them to them and they have the photos of what it looked like um crap hopefully you guys can still see me I've lost you for a second give me three seconds here we can still see you Maria okay perfect um for whatever reason it's not allowing me oh wait a minute nope it's not allowing me to to share what I wanted to share to you guys which which are you want to share Maria I wanted to share with you the pictures of the two clients on the left where they didn't stake their hay bals and they washed out to seea and the property at 21 Wheeling that has lost 51 excuse me about 15 feet of the Dune for not having hay bals so number 20 I have the photo with the hay bals staked two Bay Hay Bales wide we lost no section of the Dune we had a band of 12 inches of American beach grass that was damaged from those hay bales not being taken out till the end of May normally we would take them out in April and if there was any damage at all to the beach grass we replant new beach grass um so we feel like the the protection of the Dune far outweighs not putting hay bales in and losing the Dune to seea um because the coastal beach erosion as we all know really from Falmouth Harbor really from manant Beach all the way down to Woods Hall on that Southeast side is really bad and um we just are trying to protect the Integrity of the Dune so hopefully I've explained that in a way that everyone can understand so there is no zero risk but I'd rather have 12 inches of beach grass that we replant then lose 15 feet of a dune by not having any hay bales oh you done Mar yes uh Mr chairman I can offer some comments regarding that they did not lose 15t of Dune this is what happens when 21 lost 15 feet you mean that 15 feet Maria right there uh that was from your machine going down through the Dune that was the neighbor that hat hay bills I have I have pictur neighbor else correct on your part on your client's property on they're on half on our side and half on 20 Wheeling the damage that's done the the 21 Wheeling is where we lost 15 feet of down okay I can show that picture when we get to 21 Wheeling perfect perfect and just for clarification you stated that you were told that the permit was forever and the permit was for hay bales and snow F ing the permit was never for hay bales it was always just for the installation of snow fencing and for the past 20 years I don't think I have ever issued a forever permit I am tired of people telling us we issue permits in perpetuity is not allowed under the wetlands protection act and it is not allowed under the Falmouth Wetlands bylaw that was not your fault you were given you stated that you were given false information but the hay BS were never permitted during that snow fencing project I know exactly what project that was sure and with all due respect we will file an RDA every year for the next however many years you you don't need to file one every year you could file one every three years okay okay um we're still just a little concerned with the damage to the June but if the board feels that Maria can replant it um and restore it each year that's what the issue is she she's requesting on this particular project which is 20 Wheeling to restore the Dune that I just showed you a picture of add the snow fencing in front of the wall to help accrete sand and two to install the hay bales partially on the wall and partially on the Dune and I can show the board another picture uh this is what happens to the Dune when the hay bells go on it so this is the damage we are referring to and concerned with okay um the snow fencing would go right here and that would help trap sand behind that um it would be in staggered rows right here and like a saw tooth pattern um and then the hay bals would go so you're also going going to be putting hay bals on that portion of the Dune as well correct and in this area um where it shows no grass there's a concrete footing right on the back side there's sand on top of it so i' would love to take staff out there and show you so that in that section when it looks like this part of Dune missing it's just that nothing can grow there because it's concrete and what about on the other side where there is grass there's no concrete footing on that side no that's that's from the ha bals and that's what we were offering to repair and replant and we had offered to do that this spring and um you guys had said f RDA which that's what we're doing you're saying right here there's a concrete footing but right here there's no concrete footing correct it's a really weird setup and we can try TR to Cel leave the hay bale over the front of the wall a little bit more so that where the steak and the hay bale goes um I thought last year we we had it right there the first available spot of where there's Beach Grass I don't know how long that how would you remove these hay bals every year Maria without impacting the Dune where you said the neighbor put the hay bals on the property cuz you told me this afternoon that that area was done because you need needed to get your machine in there to lift the hay bales because they were water logged and you have you know they weigh 900 lb or whatever it is you said this afternoon how are you going to get a machine in there to lift these hay bells out we're just going to manually lift them you said this afternoon you couldn't manually lift them because they're this spring because they sat there for a mon longer than they should have and we had a ton of rain this spring it was like record rainiest spring so there was so water logged we to get them out manually so beginning of April we get them out of there and that's usually typically before the rainy season starts okay uh Mr chairman our recommendation STS based on the fielded conditions Okay I uh are there any other comments from staff uh how about I'll take comments from the commission and then I have a question but um I'll start with you do you have anything um I was you know it seems like if if the hay bales work and it was just negligent they didn't get it out in time there should be some sort of pictures of history of that happening and right now it's just it's just sitting there now with last year's pictures if this has been that successful why are more people doing it to save the dunes in the back of the Ard kin I would just ditto the past comments Steve do you have have any thoughts on it no it seems that um with proper maintenance these are successful tools aals are successful tools so you're you're okay with them that what you're saying uh Mory you're muted Mor you're on mute I'm going to go with staff's recommendation and the reason is is that I don't want to be contradictory to Maria but it it's in a vzone the waves wash over it that's why the Dune is leaving so the wet of the hay bale is not because of the rainy season it's because they're saturated with salt water all winter long the snow fence is more practical um I have not seen the I I'm honestly I have never seen hay bales used in that particular instance so I'm not I can't professionally say if it works or not um but I think that we have putting that many hay bales in a vzone um the snow fence has been we've had history with snow fence working um and picking up three 400 pound hay bales it's not happening a machine's going to go down and it's going to have to do it um either that or they take it all apart and whatever but I'm going to just go with staff um not that I'm saying that this might not work but I just have not seen enough history to know if it does or not and staff knows more than I do so thank you now had and my my question uh is is Maria did did did you put in snow fencing and the forward side of that wall all along is that what you and you're saying that's not adequate she didn't put in snow fencing she put in a stockade fence which we promptly had removed okay because it was a stockade fence in a Visa yeah it was not snow fencing it was a stockade wooden fence correct and The Stockade Fence had no negative impact in the vzone but the neighbors to the left of us which I would stop focusing on the neighbor Maria focus on your you share okay we staked our hay bales not a single hay bale moved we put our fence post four feet down not a single panel offense moved we were given the wrong information by the client saying that this is what had been done every year for the history of the property my fault because I should have come in during office hours and confirm that with you guys you know I'm always there every week um and I'm very very very conscientious and as you'll see in the hearing the RDA for 21 Wheeling you're going to see the impact of when there are no hay bales used at all and it's very dramatic and we are have been very successful for the last 10 years of not losing any portion of the Dune in front of 20 Wheeling the only impacted area has been where the hay bales were put on the side and we had like five weeks of rain in the spring we went in we should have taken them out in April the day that we went in and looked at them and we didn't because we had other things going on at the property we like we'll come back next week and then it rained I can send you the weather forecast for the spring um and the hay bales became very very very saturated we were lucky on that property the waves did not come up that high this past winter but they did at 21 Wheeling which when we get to that hearing you're going to see those pictures and that's where they lost 15t of the Dune no fencing no hay bales were used over there so we're asking permission for that for the property next door my my observation is that we're we've got a question about methodology and so on and uh we've spent a lot of time on something that are in there's an old rule of thumb if it takes longer than five minutes it should be an a notice of intent so I think think we need I I think I'm inclined to go with the staff's recommendation much as I understand what you're trying to do Maria but I think what you guys got to do is go back and come up with a proposal that you can sell to us and uh before next winter time that um that works and has a appropriate comfort zone for our staff as well um and I know you're ingenious enough that you can do that um any other questions before I go to the vote we're going to separate for the record the last time that we permitted the snow fencing it was done under an noi um so when we permitted the snow when was that it was it was a big it was years ago it was a big part of a beach maintenance plan where they came in it was a beat they got to clean up their Beach and in the in the winter time they would in stall snow fencing to help accrete the sand so that was done under a notice and I can provide you that notice Maria absolutely 100% provide that notice and Courtney what I just wanted to share is I went in during office hours a number of times and asked for the guidance and expertise of the staff of what level permitting needed to be done and I was told in RDA I got a staff report today that said they weren't going to support the hay Bal that had never been said I would have from day one done an a notice of intent hearing if I thought that we would get this positive recommendation from staff yeah we met on site with Alyssa Courtney let me finish and I told you I was thinking about the hay bales I never said that I agreed to permit the hay bals under an RDA I said that very clearly on site Alyssa was standing right there I said you could renourish the Dune that got destroyed by either your machine or the hay bales or a combination of both that you could plant your beach grass and that you could install your snow fencing because you come in Whirl around and leave we met on site I said that that would be okay to try to repair the damage that was done under an RDA I did never confirmed that it would the B Bales under an RDA do you agree with that statement I would agree and I submitted the RDA God five weeks ago so you submit the RDA five weeks ago I did okay so and I wasn't notified till today in writing that you guys aren't G to allow the hay B let I'm the chair let me make a comment here I this this has gone on longer than I would have liked for an RDA and U obviously there's some issues here that need to be rethought and so I think the best what best um thing is to accept staff's recommendation we'll divide the vote into two parts we'll address the first part of staff's recommendation which um Alysa I'll ask you to repeat in a second and we'll have a motion on that and we'll vote on that and then we'll vote on positive uh positive part of the of their recommendation following that and then I my recommendation would be that uh Maria that you get together with staff and sort this out and come back with an appropriate proposal that uh satisfies staff's concerns and you know I I hear what you're I hear what you're trying to do and I I understand where you're coming from but at the same time yeah this is one of the reasons why um staff and and the law is written that you don't sort of Grant these blanket imper imp perpetuity types of uh maintenance situations so agre amori Mor did you have a comment here you're on mute mute this has gone on way too long for an RDA number one number two 20 Wheeling has a wall a solid vertical revetment wall which in itself is protection to that Dune so I think we should go with staff's recommendation and move forward and get to the next RDA and move on with the evening thank you yep so I'm first we're gonna have we're gonna two motions one to approve staff's uh first part which was a a negative determin ation would you repeat that part Alissa yes staff recommended a negative3 enter the state and a negative2 under the bylaw resource are boundaries are not confirmed this is excluding the issue of the BS correct car Hawks have a second second all right so I'm going to call for the verd ey Uh Kevin O'Brien I Mor Carlo hawky Ron Steve and I okay that motion carries now the second part was a positive determination Al listen would you please read that yep it was just a positive one for the use of hay bills during the project all right do we have a motion so move Carlo Hawks we a motion in a second any discussion hearing none I'll call for the vote bird I uh Kevin O'Brian I Mory Carlo Hawks I Ron rris goai Steve and no motion carried we'll move on to the next one the next one next uh request for determination of applicability Maria hickey and Associates Landscapes Inc 21 Wheeling Avenue fouth Mass permission to temporarily install hay bales and snow fencing plant a maritan beach grass and conduct D nourishment listen staff recommends a Nega -3 under the state and a -2 under the BW we also recommend a positive one for the use of hay bales resource are boundaries are not confirmed okay and we'll divide this in two so the first part is a uh a negative so do I have a motion on the first Mr Mr chairman Maria wanted us to show the picture so you all have information um you want me to show the picture of 20 Wheeling because she's can't share right now so please allow me to do that sure go ahead thank you and Maria on this one you were going to install the snow fencing in Sawtooth pattern right here correct um I can't remember where you going to add um material and plant this one too or just put the hay bells on the top put the hay bells on the top and this's a second picture that shows the other view that's a giant chunk of like this one one no there's one that's like a significant part of the dun that's okay so this is the first house we saw this one right here this is just a dune parcel so this is the area that's missing that this is the ones we have from the staff report Maria so I can't get yours right now okay crap I emailed them today oh okay let me see if I can find them did you email them to everyone or just Fallon um was an email to all all okay I'll see while you're looking if I can upload um here we go I got it okay so this is 20 Wheeling what it looked like last year with the hay bals and this is 21 this is 20 this is further down the road where they didn't stake their BS which not supposed to be using them anyway right correct two houses in a row this is the what got washed away no hay bales were used on these two sections but you used snow fencing nothing no no snow fencing no hay bales the ocean came right up took the ding away this is a continuous um concrete wall that runs 120 feet 120 and then about 60 feet long um 20 Wheeling 120 feet along 21 Wheeling so that's just to show you the impact of what the waves come up and they pull the D Dune away and this picture what we're going to improve is you're putting snow fence along the water side of that wall is that correct yes and then the second part of that is put Snow Bal U snow I'm sorryy Bales hay bales and um those where were we have a Nega a positive on is that correct yeah and this is just to show you the difference of one no hay bales are used what happens yeah but uh yeah this the variable is the snow fence there no snow fence in your equation well we had a stockade fence right here stockade fence and hay bales at 20 Wheeling there was nothing at 21 and the two houses to the right of 2 Wheeling put their own hay bales in um no stakes and the hay bales washed out to sea Y and that's well we what we have in front of us is 21 Wheeling Avenue correct and we have two parts of this and one is a is a is a a negative that on the snowfence and there's a positive on the hay bills so sounds like uh and on the snow fence I would assume that it also includes that you can replant Dune Dune beach grass and so forth so it's the only the only negative part is putting hay bals there correct we all clear on that yes all right so the first motion is to improve all the work R can you stop sharing please yes yes thank you sorry about that the first motion is to approve all the work with the exception of the hay bills snowfence D beach grass and so forth so we have a motion in a second do we have or do I need a motion TR did you make a motion Mor on that no we didn't because you wanted to separate them and then Maria wanted motion to so the first motion is to uh is a negative determination Mr chairman Beach so your motion to that Courtney you need to let people talk Steve what was that on this item you can combine them then we'll have an experiment we can combine a feud leather yes sir so we'll just take staff's recommendation of a positive and a negative thank you so moved second yep all right we've got a motion a second is there any further discussion hearing none bird says yes Kevin O'Brien yes and mor Carlo Hawks I Ron Steve I motion carried okay let's move on next one is continued that's Joshua Cardoza 40 Emanuel May way fouth M from mission to remove vegetation that has been continued next is I Arena basserman trustee 11 wicker Tree Road Falmouth mission to raise and rebuild a single family dwelling with aach garage remove and reconstruct a driveway install dry Wells and conduct Associated C grading and utility installation um Alyssa staff recommends a negative2 under the state and bylaw resource area boundaries are not confirmed and this project Solly takes place in a flood zone so move car Hawk F second right have a motion in a second to approve it any discussion hearing none I'll call for the vote bird I uh Kevin O'Brien I uh Mory Carlo hawky R Chris ey Steve I motion carried we approved that next Elmer BK 105 eill River Road fou permit Mass to permission to install an inground pool and a patio Alysa staff recommends a negative -2 under the state and bylaw resource area boundaries are not confirmed and this project solely takes place in an AE flood zone Haw just second Motion in second to approve our issue a negative on btek uh bird I Kevin O'Brien I um Mory harlo hawky Ron chis Steve m i motion carried next um Michael R and Michelle A banks 25 Emerson Road FMA Mass permission to remove a fail cessful install to new title five sewage Disposal system Alysa staff recommends a negative2 under the state and bylaw resource boundaries are not confirmed and this project solely takes place in an AE flood zone so moved harlo Hawks chis second we have a motion in second any discussion hearing none I'll call for the vote bird I Kevin oan I Mor Carlo Hawk ey Steve motion carried next um RM Shaw tree and Landscape 77 Chase Road Falmouth Mass permission to remove brush piles remove vegetation install native plantings Alysa staff recommends a negative2 under the Satan baaw resource are boundaries are not confirmed and this project Solly takes place in an AE flood zone H Hawks some moved FAL second we have a motion in a second to approve uh Shaw tree and Landscape do we have any discussion hearing none I'll call for the vote uh bird I Kevin O'Brien I Mory Carlo Hawk ey B justco Steve motion carried next uh Larry white 194 acap pescat Road FAL Mass permission to construct a roof over an existing patio Alysa staff recommends a negative -2 under the state and a negative3 under the bylaw resource are boundaries are not confirmed so move car Hawks Jal second we have a motion in second to approve Larry white uh so the I'll call for the vote bird I Kevin O'Brien I Mory Carlo Hawk ey Ron Chris Steve and I motion carried next uh we have continued request to deter mintion of appc applicability Douglas H and Kristen Sher 30 chapelco Road Falmouth Mass permission to install mitigation plannings in accordance with mass D number 25- 3874 Alysa the applicant has requested a continuance until January 22nd so and the reason uh staff is still working through the plan in terms of the mitigation plantings okay any discussion I'll call for the vote this is to continue this till the 22nd of January yes yes okay um bird I Kevin O'Brien I uh Mory hawky Ron Steve I this hearing is is continued until uh the 22nd James and Colleen immer immer imoro I'm sorry I fractured at 143 Meck Road fouth mass for permission to reconstruct an existing deck Alysa staff recommends a negative3 under the state and a negative2 under the bylaw resource boundaries are not confirmed so moved har Hawks FAL second have a motion in a second to uh issue a negative determination uh any questions or discussion hearing and I'll call for the vote bird ey Kevin O'Brian I Mor car hawky Ron bco ey Steve mat I motion carried next we move to hearings under a notice of intent um all hearings of the fouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland protection act and the fouth wetlands bylaw although a single decision of the commission is issued represents a separate decision under each Authority so first hearing is Michael Bard which has been previously continued next Philip p scones revocable trust of 2006 for poid Street fouth mass for permission to remove the existing shed and deck and to construct two additions um Jennifer yes Mr chairman I promoted Tim Santos up to present his project evening Tim good evening all right Tim you're on you're on Deck Tim Santos from meril Engineers representing the applicant uh with your permission I'll share my screen thank you assuming you guys can see that y yeah okay property is located at for picasses Street um chasing to Little Pond currently developed with an existing single family home uh shed covered porch and deck Lawn and Landscape areas surround the property uh resource areas honor within 100t of the property at Little Pond itself Associated salt marsh the entire property is located in land subject to Coastal storm Flowage um both in the vzone as well well as the azone that uh delineated line basically splits the house um the fwr vzone the 25t offset is basically covers the entire property so um the 100 foot buffer to the Salt mosh also encompasses the entire property so as we all know the entire property is in your jurisdiction uh the owner recently purchased the property this summer and they're looking to do some renovation to the home so that's why we're here tonight uh we like what they'd like to do is remove the existing shed to the north of the house and put a proposed Edition up here to the north 8 by 133 and then remove this little wing of the house to the West as well as the deck and construct a new addition to the West 20x 15 we have provided some um Redevelopment cels on our plan there's approximately 11t decrease so there's no increase in footprint so there are no mitigation plantings provided all roof runoff will go to drywells for the new uh additions as well as the existing structure if they're not already there um we have reviewed staff Report with staff I've provided them uh some comments um as well as some additional information that they requested as far as the architectural plans that was sent over to them uh there were comments regarding whether this addition would be constructed on a um a full Foundation or if it was piles basically if I go here this architectural plan shows their um basically two Frost walls and then the beams you know would come from the house and cross them so there would be full AIS beneath this area this small addition to the north of the house would be on a typical 4T Frost all um and it would be filled in there's no crwl space or anything in that area some of the other comments uh were about vegetation removal and cuttings um as I stated earlier the applicant has recently purchased the property so any cuttings were more than likely done by previous owners and the applicant has been made aware that any vegetation removal or cutting for views or caros or Vistas need to be permitted through this board um and the last thing that Jen and I talked about earlier this evening was uh shine erosion um I was trying to come up with some way to determine from Aerials if that salt mosh uh has eroded or not eroded unfortunately it's very hard to do from the Aerials Jen and I talked on the phone for a little bit about this um we did talk about maybe trying to see if czm had any Maps um and what I found from czm is their Maps show along the coastlines but not up into the pond so unfortunately I could not provide that information um if the board has any questions or concerns I'd be more than happy to address them okay uh Chen do you have some comments on this yes Mr chairman I'm struggling with this one um I'm struggling with the fact that they want to to build the addition 15 ft away from that salt marsh we all know sea level is rising we all know these shorelines are eroding um the deck is there it exists I mean I guess it would be allowable under the regulations I just don't think it's very smart this this house if they wanted to reconstruct it should go up on pilings um I do not want to be in the situation 5 10 years from now asking for armoring that Marsh because someone built addition 15t away from the shoreline it's a very low-lying area um I'm not quite sure um you know they can even do the renovations um and not trip raising the house on pilings but that's going to be a determination by The Building Commissioner um I just I'm really struggling with this which is why I asked to see the the the worksheet done by the builders to see if they actually could do the renovations that the so what the code says is it has to be 50% under the assessed value of the house and the house isn't assessed that much um and again my my concern is the construction of an addition over the existing deck just so close to the Shoreline I'm I'm I'm really struggling with it um Tim has answered all the rest of our questions um I just really wanted a little bit more information on you know what that Shoreline has been doing um for the past 10 15 20 years to determine to see if we could determine a rate of erosion over there um it's just very risky and again I I just it it's risky um so that's why I was asking Tim to to provide a little bit more information on the shoreline um it's hard to do by the Aerials I guess the maps don't show it I would just feel more comfortable knowing what that Shoreline has done over the last 20 years um before I would be comfortable um recommending um that addition over the deck and that's all I have Mr chairman oh and Tim thank you for telling them to stop cutting the the vegetation because that's the only thing that's going to save that property um Alissa do you have anything to add to Jen's comments I do um there was one more note on the plan Tim a very as we've seen the past couple months from lots of folks General house renovations I know that you sent over architecturals and I just wondered if those were Complete because they didn't show Dormers they didn't show roof line changes is it all really just interior demo work it's interior excuse EXC me interior demo work plus the additions um I do not believe there's any Dormer changes um that those are the plans that was submitted to uh Zoning for the special permit with zoning okay um and yes I think that we covered everything just to reiterate to the board um much of the bakas and the salt marsh has been nearly flush cut um same with the Sumac in the road layout and nearly all of the ornamental vegetation has been removed from around the home so we're severely lacking in vegetation right now on the property which will hopefully hold that land from any more erosion thank you okay thank you Alysa um I'll start with you Mari all right um Jen you said it does meet our EGS though am I correct yeah well I mean they're constructing the addition over the deck so the deck is pre-existing and the deck currently sits at 15 155 feet away from the salt marsh so like I said yes it can they do it under the regulations yes should they do it in my opinion absolutely not it should be raised and put up on pilings so that I looked through the RS and I I was trying to find a way that it wouldn't meet the RS but the only way is if it exceeds the 50% and you know they can do a project over three years so they can slowly do it so it doesn't trip that 50% um regulation wise there's not much we can do um recommendation wise I don't think it's a a a smart approach if I was a homeowner um but I'm not them and if they want to take that risk um it's theirs um I would I would hope that Tim you could recommend to them that I know they don't have to do mitigation but it would be wise for them if they're not being wise going up on pilings that they would maybe put a little more effort into revegetating as much as possible along that bank you know the close to the to the salt marsh um but I'm sure you probably try to explain to them that moving up or back was a smarter move but we can only do what clients want us to do and if it's in our RS unfortunately our hands are a little bit tied so I would I would work hard on getting some plants and if you can get them to go up but that's all thank you thank you Mari Uh Kevin um only to second at the previous comments thank you Steve um Mr chairman the addition over the existing deck the um the existing deck will remain as the foundation for the addition no Steve they're gonna put a frost wall in Tim could you share that our contextual again they're going to be removing the deck and they're going to be installing two Frost walls to support the addition Tim will bring it up again for you they just mean it covers the same footprint correct cover the same okay um Mr pan you can see this correct yes yeah so this is the area right here where the deck was and then a small Edition or small existing house we're going to remove that portion of the house and we're going to remove the deck and they'll install these two what I I'm calling them Frost walls um and then beams will go the wooden beams would go across that area okay what do you think the elevation of the frost walls is as far as level it with the house it's the same it's the same elevation as the house there's no increase in uh elevation okay thank you that's all I have okay um Ron what do you a couple things the shed isn't part of the house right right now the way it's set you're going to be aren't you going to be adding some square footage because the shed's not attached to the house you're going to you're going to add an addition over there it's going to be some additional square footage that probably should be mitigated for well that did the the shed square footage and the addition over in that area are pretty much a wash so the overall CS if you look on in the notice of intent package there's um a m ation Redevelopment exhibit so the pre versus post it's 11 Square ft less than what currently exists well I don't understand how that happens but okay um and what's the foundation in the in the original House the origin the original house is a crawl space concrete foundation because it's that walking around the house it's wide open to the atmosphere right now I mean it has to be a mess but anyway that's just my comment okay okay thank you you're is that it Ron yeah so uh Tim um so the the house itself is just a a uh crawl space underneath with a solid foundation correct correct so but what you're proposing when you say Frost wall do you have a cross-section on this because I'm I'm trying to understand exactly what's going to end up being there can you put that back up and then I can ask you a question yeah I'm I'm bringing it up for you now let me go to um this sheet here so see these two areas here Courtney yeah that that's yeah those are the those that's GNA be a concrete wall full wall straight up and then the joys are going to sit on it correct and it be they'll sit on a they'll sit on a 2x6 that's yeah yeah as opposed to going having those as ground beams and putting post up in a beam is that that's that's correct um is that acts as a more that that that little element concerns me I'd rather see a ground Beam with post up supporting a beam across so it's open and allows uh water and that kind of stuff to get through uh but I don't know that that's within our view of conservation okay thank you would that you can take that off um I have to Echo Mor's concerns and I obviously staff's concerns um our regulations are such that um um you know it's probably allowable under our regulations but to me it's a the fact that that coastline is unstable as it is and it's already retreating and you're 15 feet away from it and it's sand over there we're not talking and you can't armor that bank you can't come back in five years and armor that bank you know a good hurricane category four hurricane with the winds in the right direction and that whole thing is going to be gone now if you were sitting up on stilts you'd have a better chance so personally I think the homeowner is ill advised to make that kind of investment in that but unfortunately we can't our job is not to protect people from their own stupidity you know that's not our job so um that's all all I have are there any other comments can we close this or or do we need more information I have one question Tim yes what is the additional square footage with the additions it's it's under square footage did you put that on the plan it's under the 200 square feet under the 200 yeah it would be be the area of the the existing deck um I can tell you if you want to hold on a second as you can see Tim we're really struggling with this one no no I I understand I understand I know you do I know we' talked about it this afternoon I thought I had written down so I apologize it's okay Lista do you remember off the top of your head is oh was the question again what is the additional square footage if we start enclosing that deck it's 192 square feet oh just under the thing Tim right you're under 200 yeah but we don't we don't know if that exceeds 50% of the cost of the that we can't determine I mean as a contractor if I sat down and price it out I could determine it but that's not my job it's not you um I do want to recommend to the board that we add some sort of language into the order of conditions that uh you know there'll be no armoring of that salt marsh you need a motion we can do that we can do that during um deliberations yes all right so I so were are we ready to close this I guess is the question is there any reason to continue it for more information the only reason we would continue it is if the board wanted to know the rate of that Shoreline change but um that can be determined I don't know it'll be difficult Courtney there's not a lot of information up those finger ponds yeah and the other issue is uh so what what would that would that fall under our regulations if the I mean it would just it would you know yeah yeah I think um we need a motion close the hearing I make a motion to close a hearing and take it under advisement har second okay we have a motion a second to close the hearing and take it under advisement is there are there any further uh comments from staff or the commission are there any comments in the chat room not regarding this project Mr chairman and there is no one who wishes to speak for or against um nope I guess not all right then I'll it's time for the vote bird I uh Kevin O'Brian I Mor car Hawk ey Ron fiscal I uh Steve and I okay the motion has carried we will close the hearing and take it under advis next up on the list is uh 2017 curse lafy reval TR Family Trust 15 demand naset Road fou Mass permission to raise ra a the existing single family dwelling and tach garage construct a new single family DW uh dwelling with a Tas garage covered porch pool patio and install a new septic tank and mitigation plannings um Jennifer yes Mr chairman uh Tim is remaining with us to present his next project and I'm also promoting Tom Lee of um Studios and he is the landscape architect on the project okay anybody else Tim no that's that's good Perfect all right Tim you're on again again for the record Tim Santos from maril Engineers representing the applicant with your permission I'll share my screen so property is located at 50 nascet Road um currently developed with an existing single family home detached garage brick patio lawn landscaped areas resource areas honor within 100 ft of the property are bordering vegetated Wetland uh to the uh South and West and a coastal Dune to the West as well uh the entire property is located in land subject to Coastal storm Flowage um velocity zone for the majority of this property except for this northeast corner which is an a Zone but your Falmouth velocity Zone covers the entire prop property so therefore the entire property is in the uh velocity zone so the uh applicants have recently purchased the property within the last year or so and they're looking to tear down this house and construct a new house um as shown on this plan here um we're proposing to tear it down construct a new house on piles um to meet the building and velocity Zone standards uh there'll be a proposed deck uh patio new driveway gravel uh proposed pool um with an automatic cover on it the structure itself and pool are no closer than what previously existed so we meet your performance standards there um there is an increase I'm going to try to find it there is an increase of uh 7117 Square ft within the as Zone and 81 squ ft within the B zone so there is a requirement for 2376 Square ft of uh mitigation plantings so our new mitigation plantings kind of surround the property as well as some mitigation trees that we have shown on our plan uh part of the project will be to relocate the septic tank that currently exists where we want to put the pool and move it to the North uh up here and then tie back into the existing septic system all roof runoff will go to dry Wells um I think I've pretty much covered everything on my side I'm GNA kind of turn it over to Tom and I did review sta the staff report um with staff they asked for the architectural plans which I provided them um there there'll need to be a revision to this plan to address a few um notes and whatnot that the staff wanted to show on this plan and there will be uh a revision to the landscape plan so that we can relocate some of the uh mitigation plantings in accordance with the staff's desires as well as potential uh number of shrubs um and species but I'll let Tom address that during his presentation okay um I just have a question for you before Tim do you have those architectural plans can you put them up well I can but can Tom just go through his thing first and then I'll go ahead Tom Tom Lee with TL Studio Landscape Architects good evening to everyone um So the plan is pretty simple in terms of uh the plantings we have pretty much uh uh suggested a a perimeter of native plants in the mitigation area that that defines the lawn and the house and then in addition there is uh an area it's not a it's not mitigation area but we're planting all the way to the uh existing uh road to nascet and uh all that area which we didn't clarify in the in the label will be the plants from that native plant list except of course for the ones that uh I know there's uh we have some disagreement in terms of uh the Lush blueberry the uh bearberry and uh uh there was one more yeah so Huckleberry um and just to explain some of the the one of the reasons we use some of these lower shrubs was uh the site is uh not that big we are honestly just trying to maintain some openness to the site without uh you know cthra and aonia that grows five six feet or more that starts to fill it in um so we're just we wanted to ask that and we now know your comment um not sure if there's if if there's a scenario where if we propose to add more trees coming out of this uh these lower you know planting masses would that be more more acceptable um again just trying to maintain the openness of the site as much as possible um other than that uh I think Tim's covered it okay uh are there any staff questions on the uh on the planting plan yeah yes yeah go ahead you do have question questions well is everybody done you why don't you let the well I'm going to come back to Tim on architectur then go back to Tim and then we will present our staff report okay Tim can you put up the architecturals okay that so this is the first floor and uh then we have a second floor plan and then that I'm assuming that's what you wanted to see Courtney yep I want to see the cross-section and that's all open as it shows it's all open ex except for the you know the one section in order to get access below and how big is the square footage of that area that's touching the ground where the access is I believe it's like 300 something square feet that's enclosed that's yeah sorry I hold on it's this area 13 by what does that say 259 that's a big area I mean do you need all of that just to go upstairs oh I see you're you're going up around a landing it it comes up around a landing we're at elevation 10 and we're going up to I believe let me just go back um up to 22 so you're going you're going up 12 feet and but you're going that enclosed area is going all the way through you've got you've got uh go back to your first floor yeah uh so you've got these closets and stuff I mean do you need that why why do you need that that's well that that's kind of you know for storage for you know any type of uh you know shovels you might need for outside for the driveway or any type of uh you know it's kind of like a mud room in your house where you put boots and you know jackets Etc that's 300 square feet theage Tim it's 25.75 * 13 so it's 335 square feet all right and uh we've been TR of try to work around on 200 square feet I mean I know we're tinkering with our regulations but that has some concern we may want to re-engineer that um all right I don't have any other questions on on on the plans um so um I'll start with staff comments um yes thank you for the architecturals um Tim Tim when you're looking looking at the revised plan and we may need a continuance for that um can you check Tom or Tim can you check howo the closest point of your patio it does look like the little bit of patio by the stairs may be moving closer than that 31 uh 31 feet Tim Tom let me just let me just reshare it are you talking about like right here yeah those three little those three little patio yeah all right yeah I can I can check it to make sure it's not I I thought we were staying back far enough so that because this kind of dips back here so just double check it it look awfully close when I just scaled it off and I just kind of noticed it so I'm like huh it just looks off so I just scaled it so I it just looks close so if you could just check that that would be great um okay going to revise the planting plan um Tom yes regarding the use of low Bush blueberry bearberry and Huckleberry um I mean bearberry is a ground cover it grows about that big yep um we have not seen a lot of success with Huckleberry we have been trying to to allow people to use the Huckleberry sod and we have three instances where it's just it's just not surviving so we are really kind of hesitant to approve the use of that Huckleberry saw because it just I think it was like we just discovered another site where it just keeps failing we don't know why I don't know if it's just not being properly cared for or what it's just not working um so that's why we have some concerns with use of that and quite frankly if the if the property owner is concerned about the the tightness of the site or if it's a small site and they want to remain it open I mean they're the ones choosing to put in the pool in the patio um there's a mitigation requirement they can always reduce the size of the the increase of an impervious surface if they want a more open yard um you know they're choosing to do this we're not forcing them to do this this is a choice so that so that's just where our concerns lie with the use of those three and then low Bush low Bush just gets um eaten and it's just again we're not seeing great success with it especially in like a a coastal environment like this you don't really see low Bush um so that's where our concern is with that um and Tim you said you are going to revise the the the planting plan okay well it'll need to be revised because I know one of you comment was all the mitigation planting within the FW Zone um so we're going to need to kind of reconfigure it a little bit yeah and if I mean quite we don't M like they want to plant all the way to the driveway that's fine but they just can't use it the B Zone portion for the mitigation um and that is all I have Courtney we received the architecturals we're going to Revis the planting plan and then Tim you heard uh the vice chair's comments on the enclosure he has some concerns with that and that's all I I'll talk with the architect that's all I have okay Elisa do you have anything yeah just to elaborate on the vegetation points um Tim for your survey can you please um survey the trees that are between the um garage and paved driveway and the property line there were several that will need to come down um so just to have those on the plan and then there was a cedar Mist it's in that Landscaping bed next to the brick patio between like the brick patio and the Zone a line if you can just survey that on the pl too um and in terms of those three planting varieties that we we talked about if the homeowners would like to plant all the way up to the street you know we always like extra plants on property so if you'd like to add the low Bush and the and the Barberry and whatnot as long as it's not part of the required mitigation I don't think the board would have a concern because they're all Native uh we were just wondering what is being installed over there since it does fall in jurisdiction um and then we just sort of gave an estimated shrub count in order to meet those mitigation requirements um if you want to spread them out more in the extra planting area that's of course fine um there was a discrepancy in the survey compared to the planting plan I think there were three trees proposed in the corner um by the Dune by the street if we can just put those on the survey as well just so it all matches um and then in the sand area in the past there were some very large U's located there which were removed um just up to the commission if they wanted to see that square footage Resto or if they were happy to see just the um extra planting area by the the street being you know proposed that could obviously overcompensate for that um and just to note Tim we are getting from the new circuit Rider many many more technical comment so I just added that to the staff report for the sake of doing so um and it's really just a message to the board that this is a vzone project and we're still learning more about the limo so future plans if you can add that that would would be great not a problem thank you okay St any um all right Steve do you have any anything we're going to the commission reports now I don't have anything to add thank you we're going to have a continuance okay um Ron I concerned about the trees but I listed to dealt with that issue so I'm all set Uh Kevin uh as long as we got a continuance some that and Mory um what is a sand area for it's a sitting area that you can uh come out away from the building uh just yeah some loose chairs may be placed in there all right so like a fire pit area so my question to you um Tom we always want the plantings for mitigation to be the closest to the resource so the sand thing I have no problem with but if you're going to have to add more mitigation you might be moving the sand area closer to the pool and filling that in with mitigation that could be a scenario yes it could be a yeah just throwing that out there is the large o that's um almost I I don't know if it's in the road layout but um of NASA Road is that staying it's staying okay and when you do the um the removal of trees it was really I it was hard for me to find it on the plan um they're it's very light gray and it's very obtuse if you could just put how many caliper inches you're removing and put usually we put a red X through the trees Tim so that it we kind of know where they are so we don't have to hide and seek for them yeah that that's not a problem I think I have an X through them all I'm looking at my plan now labeled one area existing tree to be removed typical of five um but I'll I'll update it and make it a little darker there's one near the septic tank one near the northwest corner of the house and then the one near the pool and then two to the south of the house adjacent to the uh the steps coming down off the deck yeah it's just weird the X's almost look like part of the tree so I darken it up that's that's not a problem and just um I think that was I might have one more question but I think that was it um sand mitigation CL need um caliper and that's it thank you okay thanks my um my my only comments are that I'd like to see the enclosed area at the ground level reduced um basically you need you need that for landing and your stairway and you know that's that's the most important part of it and I I I don't think you need 300 square feet to do that um the other the other concern I have is about low Bush blueberries my experience in highly exposed areas they don't survive very well um so you might want to rethink those other than that I don't have any so what are we thinking are we Contin continu we're looking to continue so I need a motion and a date ptim Tom what date would you Gentlemen Prefer um are you meeting the 22nd Jen of January yes yeah yeah let me just double check what we got going on that day double check how many continuances I just put on that day on it should be nice and fast there you go Tim just two I think just two and I don't think we have any yeah the 22nd will work um does that for you to get me your revised plan yes we'll make it happen all right perfect at the request of the applicant we'll continue this to January 22nd 2025 fiscal second all right we have a motion a second to continue this to the 22nd of January is there any further discussion or any comments in the chat function no comments in the chat is there anybody who wants to speak forward against the project in the general public I don't hear a clamor all right then I'll call for the vote bird I Kevin O'Brien I Mory Carlo hawky Ron Risco ey and Steve Pat and I motion carried is continueed to the 22nd okay now we move to continued hearings under a notice of intent good night good night thanks good night first first up in continued hearings is Sarah Reber the denlea Reba trust Family Trust 13 Cricut Lane Falmouth M permission to raise ra a an existing 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 has this been previously opened yes Courtney Tim s is um the Quorum is everybody the Quorum is everybody okay who is making a presentation Teresa are you uh we have Tim Santos is still with us and then we have Teresa and Jenny from Blue flax design okay well Tim you're on Deck yet another time all right this is my last one for the night so um the Tim show tonight let we'll hopefully we can get this one closed too so all right for the record Tim Santos for meril engineers representing the applicant with your permission I'm going to share my screen uh this project was before you I'm just going to say a few weeks ago now before the holiday season um at which time we presented um what we were looking to do it's basically a tear down and rebuild of the existing home new structure new septic system with a denitrification component and mitigation and invasive removal plantings that um Teresa and Jenny will talk about in a minute um at the last hearing we request a continuent one so we can meet on site with staff to review the areas of invasive removals and restoration so that everybody could be on the same page and we've done that and I believe we're all on the same page now at the last hearing we also had a conversation about whether the patio was technically moving closer or not um at this time we've decided to remove the patio from the plan before you um and what we're going to do is reconstruct the shed that currently exists now 12 ft off the Coastal Bank and 19 off the BBW and we're going to relocate it behind the house so it's 25 ft off the Coastal Bank and 29 ft off the bvw um there is still a small corner of the house in this um I think Southeast corner here over the 50 Foot BBW line it's approximately 10 square feet uh we're hoping that the commission can make a finding that would allow us to leave the house as proposed as the overall Improvement of the site um that we're doing here is a better outcome than what currently exists um at this time I will turn it over to Teresa and Jenny so that they can talk about the revised uh landscape and mitigation plan recent yes thanks Tim um I was going to let Jenny start but let me just share my screen with your permission Mr chair so we can look um I I'll just quickly review um what we've done to the plan and then let Jenny talk about that in more detail the um with the change to the proposed shed versus the um previously proposed patio there's just been some minor change to the area that's going to be covered with Fescue microc Clover lawn um otherwise our proposed mitigation and restoration planting plans basically remain the same the um the uh area of bamboo there was a staff note regarding the area of bamboo we're going to the area most of the bamboo will be removed with the excavation um for the de Demolition and then excavation for the New Foundation of the house in the areas where the house and septic are not being excavated we are proposing to um excavate down about 2 feet um and that should remove a significant amount of that fibrous root system system of the um of the bamboo which will gain really good control over that we may it's it's very resistant to herbicide treatment so we're trying to do this with mechanical removal which is kind of the opposite of what we normally do when we're working in the 50 Foot buffer zone particular species is really challenging to manage if we can get the majority of the fibers root system out of there it's it's not a deep rooted species unlike um it's not like Japanese knotweed or some of our other invasive species that are really Dee rooted um so it does lend itself well to Mechanical removal um and then we can more successfully treat any resprouts that popup here and there with herbicide versus going in and trying to treat all of that bamboo with herbicide um so that's the goal um with that so I think overall the plan generally Remains the Same I just want to reiterate what Tim stated about the plan for all of you who have been out to this site this is probably one of the most degraded sites um um that we've um dealt with in a long time and um I think overall the not only the mitigation and restoration that we're proposing but the um reconstruction of the dwelling is is such a significant Improvement to this site um that um that I I I just I don't see any downsides to this project at all it's it's a very modest house it's an incredibly small lot it's an incredibly constricted lot and um I think the techs have done a really good job of providing um reasonable living space for the homeowners in um a very tight area um so with that additional mitigation and restoration I think we've got um a really good plan that we're presenting to the commission I do want to add that we are in conversation with the neighbors to the east they are very much interested in removing that bamboo that's on their side of the property they're very much on board with that so I suspect we will be coming to the to the commission very soon with the proposal to remove that bamboo um on that side which will be further Improvement um to the site conditions here so happy to answer any questions Jenny I'm sorry if I if I ran over you if you've got anything else to say please add jump in and add it sure thank you Tera um I can just mention a couple of things that have changed since the last time the that we showed this plan um it's pretty minor and for the most part responding directly to the comments that staff made last time but I'll just flag those um one there was a question about whether the root barrier would be installed along the Eastern property line and we've hopefully made that a little clearer visually and also wrapped it around the southern corner to kind of enclose the whole area that were the whole project area um Tim moved the limit of work outside the restoration or the mitigation area to include the limit of work previously we were showing that um outside the limit of works so that's now included and we've significantly beefed up the density of shrubs it's um the same list of species but just much more dense um within the mitigation area the other difference is that we've pulled up the additional restoration area to the 50ft buffer um that's mostly low shrubs and low Bush blueberry so it'll create kind of a transition between the um low grass and wildflower mix that's in proposed over the septic area um but just to flag that there's a little bit more coverage than the was previously um in otherwise Teresa pointed out the slight adjustments in the um Clover Fescue lawn just to um more appropriately surround the changes in the proposed patio I think that's everything that changed otherwise the landscape plan is is largely the same since um you reviewed it in December thank you do you guys are done with your presentation okay uh I think you can unshare uh Jen do you have any comments uh my only comment is that the staff has to stay very true to the regulations so we cannot recommend encroaching that 10 square feet closer to the resource area that's going to be the board's determination but as staff we have to um recommend what it says in your regulations and it says you can't move closer that's all I have Mr chairman okay Alissa do you have anything that you would like to add not at this time thank you so I will go I will go to comments from the commission and I'll start with um Kevin uh the regs are the RS if you can't move closer you can't move closer end the comments okay that's it Ron no I think it's a great Improvement on the site as you said is the most de greatest site I've ever seen in my life on my short term on the commission I'm interested in that uh in the neighborhood the neighbors U bamboo too i' be very favorable look favorably on that um proposition to come go and remove that um and as far as a 10 square feet uh I I'm I'm with him I could give him a pass because they've done such a great job on such a degraded site yeah that's my comments okay uh Mory um I think I mentioned it before but maybe I missed it it is a very degraded site and I think this is a great Improvement um but when you say it's going to be a robust planting there's only actually 23 native shrubs and the rest are pretty much you know grasses perennials um you know 42 low Bush blueberry so it's not so robust with any Woody indigenous it's more flowers and grasses so I I I was I wasn't happy with it then and I'm still not happy with it um I think that it would be a little bit more uh more I would see more substantial planting um and are you going to do a root barrier possibly to prevent the bamboo encroaching okay he's saying yes perfect um and where bring the excavated contaminated bamboo rooted soil so we generally bring it to an a composting facility that does not um that does not share that soil with others so for instance not like the local landfill where people just go and pick it up um so that is um I but I will I I honestly don't know in fouth where our crew is taking that but I will get you that answer my um because obviously we want to prevent that what we do not want similar to Japanese knotweed is that material spreading or being spread on other sites yeah and it is it's a real it's a real um challenge to find any places that'll take that kind of you know it is it's it's almost like hazardous waste basically yeah I agree 100% and a lot of the the guys that take stuff out they just bring it to wherever and they just throw it in the pile and the next thing we know I mean we drive all around Falmouth and the Japanese not weed you can pretty much tell where everybody went and got their dirt and everywhere in town is sprouting up Japanese knotweed I agree with you 100% one of the biggest issues that we have with managing things like Japanese sweed are when people bring in Phill or LOM from sites that are from places that we're not familiar with so for instance on this site to bring in material we would recommend bringing in Bank Run sand mixed with compost to add some organic material and I think we'll also improve drainage on the site um for any um material that we would recommend bringing in um so I agree with you 100% it's a huge concern for us as well I know I know you guys are going to do the right thing to get it out but then we never know where it goes I that's why I was curious because yeah I have no clue where anybody brings any of this stuff anymore yeah that's a really good question and I will check with our field manager and find out I will I will definitely let you know yes okay thank you yeah um yeah that is a real problem uh Steve I'm sorry I missed you no you didn't it was my turn next okay thank you so all right then we're um my only comment is is that um I have I'm concerned about the I'm concerned about the knotweed and where it goes I'm also concerned is two feet deep enough to get the bamboo it it is so the bamboo has more of a fibrous root system that's closer to the surface than some of the other invasive species so two feet is actually really adequate we don't want to we don't want to excavate more soil than we need to so um yeah so I do think that two feet is adequate for for bamboo yes and so where is that GNA go well that's what my was asking so I will get the answer to that and I will report that back to to you I'm not exactly sure in Falmouth where um our crew takes that material but I will get an answer for that I should have been prepared with an answer to that question it just yeah okay and U you put the uh plan back up I'm I I want to see the 10 feet we've got an issue with yes I can share that okay so the 10 foot area is I'm going to zoom in it's this and and I understand the regul I I do understand and I understand um the staff notes and Jen's position on this this is the small corner of the 10 square feet here um I will say that what's existing in this site this is staked in the field so it's it's very difficult to walk around this site um because we did cut some of the bamboo away with with permission um from the commission from the staff to allow for the staking but it's very difficult to walk in here because the bamboo stumps are so challenging to walk over so it's it's somewhat unsafe um but in this area back here where this 10 squ square foot there's no existing um vegetation what's back here right now in this area um sort of just to the east of where the existing shed there is an old toilet there's an engine block there's there's I mean it's it's a dump basically um there's a lot of garbage in here so um so that's I think why we felt that with the overall mitigation and restoration that this area while we do understand its 10 additional square feet um within the um within the 50 Foot buffer um that it's we're not getting any closer the closest point to the resource area existing is the corner of the house to the top of Coastal Bank um this is a little bit further away from the bordering vegetated Wetland and this 10 square fet does get a little bit closer than the closest existing point of structure of course the shed is closer to the BBW than the main primary structure itself um but we felt comfortable requesting this because the area is basically um just full of of large debris kinds of garbage not just somebody dumps in bottles and cans but but um right large large debris that we'll be removing and as in order to restore that area so we just need it's you're suggesting of that this is the tradeoff is worth it is that what your argument is I think I mean there's a significant I I know it's just a small area I'm I'm not sure if the Architects are um are on this hearing and could speak to that um but it changes the whole they have to there there was a lot of challenges to this as you can imagine being a making sure that we could find adequate parking in the front and because of all the different constraints on this lot so I think that if the square feet is not approved they'll be they'll have to redesign the architecturals and um I think the hope is that with the um with the overall improvements to the site that the commission could make a finding that um the 10 square feet would not have an adverse impact on the resource area so Teresa are the architecturals completed um Tim do you yes they are because the project has we've filed with zoning too so the architect uals have been completed do we have them I was going to say it might be if the board is struggling with the 10 square feet because as I'm as I can submit them to you that's not a problem we can submit them Tim but I mean so is this a is how many stories is this house it's a two-floor house the first floor the first floor is living space and the second Flor would be bedrooms so 62 * 18 is 1,00 * 2 so this house is roughly around 2200 square feet of living space not thought it was 1479 if not I mean that that would be like a footprint um well no the footprint is and that's just me it's even larger than that because that's just me going off the S the length of the house and the width of the house and the reason I'm I'm I'm kind of going the the road I'm going down is we were told it was a very modest house might be compared to other houses in fth but you know the board's just going to have to make a decision I I I would say it is a pretty modest house I mean it's 18t wide okay yeah no we're not we're not a 30 40 foot wide house and also on another note we we are incorporating the nitrification the Nitro system in which the Board of Health has approved I mean there's a lot of pluses here um you know the Nitro system is voluntary it's not required we feel that it's appropriate to do in this location so um I believe there's a lot of improvements on this lot over what currently exists okay so so is issue in hand just the that little triangle in that corner yes yes yes okay so I mean to me I don't know I think they could be redesigned and get it make it work I mean everything else you've done is beautiful and it's just question we have regulations and and you know we start going all over the place on them and the the line becomes blurred that's what we have to wrestle with as a commission and uh so you know are we do we think we want to continue this maybe the architect can come up with a a fix on this getting creative over cup of coffee or something or do we want or we feel we have enough information we want to close it it's your call it's the commission's call anybody want to make a Mr chairman I'm I'm ready to make a motion to close the hearing just second okay we have a motion to close so we have a second we do okay all right so we have a motion to close the hearing and take it under advisement is there any uh further comments from the Commissioners or staff do we have any uh comments in the chat room let me check Mr chairman um Teresa or Jenny whoever's sh um sharing could you please thank you Teresa um nothing in the chat Mr chairman okay and is there anyone that wants to speak for against uh I'm looking I let me see um nope nobody's has their hand raised all right then I think we're ready to vote bird I Kevin O'Brian i h Mor H hawky Ron chrisy Steve m i we have closed this hearing and take it under advisement okay next thank you for your time have a great weekend you thank you thank you guys and I had a chance to speak I would have been very supportive Steve I just want job guys I know that's good luck tomorrow night in your game Take Care thank you good night all right moving on uh the next one Wayne Van Wart seashell Community Association has been continued next up Dana Rhoden qued Harbor Land Trust 71 qued Harbor Road F mass for permission to reconstruct an existing license peer in the same footprint has this been reopened before this has not been opened um promoting Dave Martin to present his project the night this was on there was that bad storm where everybody was losing power and Dave lost power so we have not opened it the Quorum is all of you well then we're ready I've just promoted Dave Martin of Dave Martin engineering to present his project Mr chairman thank you and thank you board uh shall I share my screen DAV we don't see you David we need to see your face oh my goodness what are we going to do now here H let me drop out of that why are you not video you're on you were on before there you go how I toggle it and it there you go let's start that again we'll go back to share oh how does this come up here oh my word let's pick this one share is that oh no wrong Buton I'm so sorry that's all right me just close that out oh God there's too many tabs let's try this again back to the beginning Jen do you have the plan that you see that now no we don't see it Dave um I can get the plan coordinate it's going to take me a sec because I have to jump on to the um I have to jump on to the um the VPN let me I can get it let me just get on to the VPN real quick it's not work if you can find it Dave we'll do it whoever beats whoever is first Raa Dave I want to figure this out oh my goodness it's just not problem is I might I might freeze up on this if I'm doing the V I got to figure out I'm so sorry it's getting late and I've been is that working yep yes okay thank you D thank you beautiful David you get a gold star for I've been I've been away too long here we are on the west side of qued Harbor if any of you have been out to the knob you probably parked over at the head of the harbor walked along this path out to the knob we have land under ocean land subject to Coastal storm Flowage we have a small Coastal Bank uh we have small coastal Beach we have two structures well we have structures here the first part of the pier is license solid fill it's Stone it's in very good shape the project before you tonight is to request permission to reconstruct this Timber pair which is in a advanced state of deterioration the fastings have failed uh when they corroded they sort of exploded all the Timbers structural Timbers the decking is in failure and the pilings are necked down and they're in failure so uh schul Marine Ben Carson would come in barging crane sufficient depth of water here remove the structure uh take it away on the barge dispose of it properly and reconstruct the pier with non-treated materials and stainless steel fastenings that's really sort of the whole of it should I stop sharing or not absolutely go ahead yes it stopped all right uh so Jen do you have any comments we don't really have any comments on this one it's just a replacement we'll be working with Dave to um figure out permitting those floats properly or something like that okay yeah and I recently submitted we we part of the continuous was to address staff comments there was that one outstanding item and I it was a or two ago I finally put my hands on some of that paperwork yeah we'll take a look at it and work that with through that with you Dave not a big deal great do need to hold this project up excellent thank you uh Alyssa do you have anything you're you're muted sorry comments no comments okay we'll go to the commission I'll start with I'll try to remember that I called on Steve patter before Steve you're up first hey hey no I don't have any questions good work Dave all right my no questions nice project okay and uh Ron good luck Dave good project thank you Ron okay and Kevin no questions Mr chairman thank you and I don't have any either good project uh so our pleasure is to close this I make a motion to close a hearing takeen under advisement harlo Hawks do we have a second second all right we have a motion a second to close this hearing and take it under advisement before I do that and call for the vote are there any any comments in the chat function no and no hands raised is there anyone who wants to speak before and we have any other further further comments then hearing then I'll call for the vote to close the hearing uh bird I Kevin O'Brian I and mor Carlo hawky and Ron just Steve and I motion carried the hearing is closed thank you very much thank you everyone have a good night thank you da thank you good job okay moving along the next one Nicholas ponis I guess on Central Avenue Falmouth has been continued so we go to Margaret stos trustee St Family 2014 irrevocable trust 158 Westwood Road Falmouth Mass for permission to raise ra a an existing single family dwelling construct a new single family dwelling with attached garage deck porch install a pool with a patio and retaining wall upgrade the existing sewage Disposal system repair part of the exam damage revetment and install mitig ational restoration uh plannings and uh I believe we have a full Quorum because Steve and Ron have done their homework yes am I correct in that assumption you're correct yes Mr chairman I reviewed the plans and watched the video of the prior meeting all right it was and the commercials are horrible on mctv I agree with you Steve good so every and everybody else is on the Quorum so I will turn it over to Jennifer do you have any comments courney I'm trying to promote Bracken engineering and I'm having I'm waiting on them there we go I don't know if it's GNA be Rob or Zach well it's Zach hi Zach okay I'm the big you're up and I guess you're going to make a presentation about how good this project is that's the rumor okay all righty so thank you Mr chair so just to recap this is a tear down rebuild 158 Westwood uh we met with the commission just before the holidays um at that time commission had some comments regarding um saving some existing trees on the property uh we've met with staff we are retaining the trees um on the Coastal Bank or just uh to the north of South of the property uh the ones along the easterly property line uh that were questioned before we have talked with our contractor um they will have future and current access around the house to get to the backyard the original plan uh we had all the mitigation going up and down the sides of the property if we remember we have adjusted the mitigation placed it all with in the zone a to the wall uh we've gone back spoken with the client they're going to to upgrade and repair the uh the total wall at this time so um speaking with Jen and Alyssa um we were going to maintain all the existing vegetation in place if the Project's approved locally we do need to um get a Cho the 91 license for the retaining wall or seaw wall we would then bring that in front of the state get that approved and then once approved through then uh come back and remove vegetation and that work nothing would happen until that's approved through the State and we have a preconstruction meeting with staff ahead of time um with that we also adjusted the on-site fill that was questioned before we've reduced that pulled everything back so we can maintain the some of the existing trees on the property and still provide the coastal resiliency that we were looking for on the property so we feel like we've bet met both needs uh on the property with that and again just to recap uh we do believe we have a project that meets all the performance standards we are putting a new septic system further away from the resource areas we are providing the two to one mitigation uh for everything on the lot and a little uh extra um as well on the property and I believe we've addressed all the comments and I will turn it back over all right thank you um Jen do you have anything you want to discuss um Zach refresh my memory are are you doing the house before the wall or the wall before the house house is going to have to go first start first because the chapter 91 process is probably going to take take a while do you have enough room around the house to get those machines in yep we talked with the excavator you can sneak it by the side of the house before they do any of the other landscaping around the house okay and then the trees on the plan that Alyssa wanted noted or noted are they going to be removed as well uh nope they're staying on the pro project as is so okay perfect yep thank you Alissa no comments thank you okay move to commissioner comments Ron yeah I think he addressed all those issues I think it's going to be a great project and good luck with the wall that's all I have to say Okay Kevin uh no further comments thank you Mr chairman Steve um the the the row of Cedar with the neighbor were okay with this the road they're remaining on site okay okay all right it Steve I'm good thanks okay thank you Mor I'm glad that you um accommodate us with with a lot of our concerns um is that what's going to be vegetating along the um the it would be what the north side the West side so the existing vegetation is maintaining what's there today and what's that this the little row I mean you show the squiggly line the whole length of the property line yeah this is all being this is just the tree canopy of the trees the other side I'm sorry the other side right oh this is this is um their walking path their lawn that's going down this is just plantings along the side here ornamental plantings okay and where's the contractor going to go through he can get through here before they plant all Society is going to go that's what I was curious okay very good I hope he doesn't need really big Stones we can coordinate it well you might get lucky with the state you never know you could get your permit really quick okay thank you nice project thanks Mari um question on that pool that is that a lap pool one of those things that you know he cranks up in bubbles and you swim 32 feet feet against the current or is it just it's not a no it's not a current pool it's just an infinity edge pool so it looks like it has the um doesn't have an edge on one side yeah okay gotcha all right I have no other questions it's good project you've answered a lot of the questions thank you um so do we have any comments from the uh in the chat room nothing in the chat no hands are raised no hands are raised okay okay um do we have any further comments are we thinking we can close this I'll entertain a motion make a motion to close the hearing and take it under advisement harlo Hawks risal second okay have a motion a second to close the hearing I hear no more further discussion from anybody so I'll call for the vote bird ey Uh Kevin O'Brien I Mory Carlo hawky Ron rris goai Steve mat I we have closed this hearing and take it under advisement thank you very much thank you everyone have a good night thank you Zach have a good one take care okay we move now next up on the agenda is hearings under an enforcement order the first hearing Jane fur 2622 and zero sh VI Avenue has been continued to the 26th of February then we have a continu hearings under enforcement order first one p uh Patrick Burke trustee Church Street trust 158 Church Street fouth Mass has been continued until uh 226 the next one John Cook trustee 209 trust 170 Chart Street uh unpermitted removal of vegetation within a buffer to a Coastal Bank I believe is going to be continued Jen is that the case we haven't voted yes that's going to be continued to February 26 all right I need a motion to to uh do that I make a motion to continue till February 26 harlo Hawks RIS second okay we have a motion a second to continue this to the uh 26th uh is there any discussion hearing none I'll call for the vote uh bird I Kevin O'Brien I and Mory H Hawks ey Ron chis ey Steve Pat I that is been motion is carried it's continued to the 26th of February next up Margaret fenoff 30 woodneck Road Falmouth Mass unpermitted construction of a deck patio and fence reconstruction of a driveway and Associated clearing of vegetation alling of vegetation within a resource area buffer uh Jen yes Mr chairman we're going going to continue that until the um until the fence is removed and the mitigation is planted for the unpermitted um now permitted but at the time unpermitted um right patio and deck and everything those are supposed those are going to be removed by April 31st so let's continue this to May 14th so we can confirm that that has been completed so the the idea is to continue this hearing until the 14th of May do we have a a motion to that effect so moved O'Brian all right we have a motion in a second to continue this hearing on an enforcement order until the 14th of May is there any further discussion from the board hearing then I'll call for the vote bird ey Kevin O'Brien I Mory Carlo hawky Ron fiscal ey Steve and I motion carried that hearing is continued until the 14th of May 2025 and I believe that comes we are at the end of our um formal agenda except for one motion we have a motion to adjourn from Mr Driscoll do we have a second Paton second we have a second from Mr Patton okay bird ey O'Brian I oh sorry M harlo hawky driscal ey I we are adjourned thank you very much