[Music] [Music] [Music] heat heat
[Music] good evening and welcome to the April
2nd meeting of the FMA Conservation Commission this meeting is being held virtually via Zoom video conference and is also being broadcast by FCTV on cable channel 9 as this meeting is being recorded by Zoom and broadcast by
FCTV please be cognizant of what you say how you say it and what can be seen and heard in your background we are missing one commissioner tonight but we've got a quorum we're moving forward as a reminder for commenting I'll call
on each of you in turn and that all votes are done by roll call so when I call your name please state your name and your vote for the record even if you've made the motion or the second to our public attendees excuse
me uh where was I yeah at any time during this meeting may enter any comments or questions via the chat function at the appropriate time and they will be read into the record if as an attendee you'd like to participate in a particular hearing let us know via the
chat function then at the appropriate time you will be promoted into the hearing as a participant when you are selected you must have your video enabled be succinct and respectful of others public comments will be limited to three minutes each regarding RDAs
under a request for determination of applicability the applicant is asking the commission to determine if the provisions of the Massachusetts Wetlands Protection Act and/or the Falmouth wetlands bylaw apply to their proposed project a negative determination is that
the provisions of the act and or the bylaw do not apply therefore the project may proceed as proposed a positive determination means the provisions of the act and or the bylaw do in fact apply and or may require some
conditions therefore the project would require a notice of intent application so as an applicant you kind of want to hear us say something negative and for the benefit of anyone waiting for a particular hearing tonight so that you're not waiting unnecessarily
the following hearings are expected to be continued number 10 Central A and number 70 Carrie Lane first up tonight is the vote minutes from our regulatory meetings first one is for January 16
2025 anyone anyone at all well so move to accept the minutes on uh January 20 January 16th 2025 thank you Driscoll second all right we have a motion and a
second to accept the minutes of January 16 question or comments we're voting to accept the minutes betsy Roy Courtney I matthews I Kevin O'Brien I Ron Driscoll I Russ Robin's eye it is unanimous with
this quorum we have accepted the minutes of January 16 2025 next up are minutes of February 20 2025 again from our regulatory meeting move to accept the meetings of the regulatory meeting the maintenance of
the regulatory meeting of February 20th driscoll second excellent we have a motion and a second to accept the minutes of February 20 questions or comments we're voting betsy I courtney I matthews I kevin
O'Brien i Ron Fiscal Russ Robinson it is unanimous we have accepted the minutes of February 20th next up are the minutes for March 20th 2025 again the regulatory meeting anyone i'll move to accept the minutes
of March 20th i'll second glad filter all right we have a motion and a second to accept the minutes of March 20th from the regulatory meeting betsy Iter courtney I matthews I kevin O'Brien i
Ron Hain driscoll hepstain russ robin's eye we have enough of a quorum we have accepted the minutes of March 20th thank you to whoever transposed those kristen if it was you thank you if not you can
take credit anyway next up is a request for continuance under notice of intent nicholas Cronis 10 Central Avenue Forth permission to remove a patio construct an addition install a fence and install plantings
yes Mr chairman the applicant is requesting a continuence until April 30th words move second all right we have a motion and a second to continue this until April 30th you said april 30th yes so I got that right
okay all right questions or comments for voting on the continuence betsy I courtney I matthews i Kevin O'Brien i Ron briscoll i russ robin's eye it is unanimous we have continued this until
April 30 next up is a request for a continuence to to amend an existing order of conditions first up Donna Habber Kornberg trustee Donna Habber Cornberg
2021 revocable living trust 70 Carrie Lane of Mass request to amend the order of conditions for Mass DP number 25-4742 to permit a field stone wall ramps and a relocated masonry wall after
the fact john yes Mr chairman the applicant's representative is requesting a continuence until May 14th so move second all right we have a motion and a second
to continue this till May 14th questions or comments we're voting on the continuence betsy Black courtney i Matthews i Kevin O'Brien i Ron Driscoll i Russ Robins i It is unanimous we have
continued this until May 14 next up is a request for continuence under an enforcement order and I'm going to read two of them at the same time because we open them simultaneously because they're adjacent properties
patrick Burke trustee Church Street Trust 158 Church Street Palmouth Mass unpermitted removal of vegetation within the buffer to a coastal bank john Cook trustee John C cook 2009 trust 170 Church Street found with mass
unpermitted removal of vegetation within the buffer to a coastal bay jen oh I think Alyssa has that date alissa do you have that date i'm sorry yes the applicant um not the applicant the homeowners representatives have requested a continuence until April 16th
bird so move second all right and again to be clear we're voting on both of these um all right questions or comments we have a motion and a second to continue both of these until 4:16 we're voting betsy
Blter I courtney I matthews i Kevin O'Brien i Ron Driscoll I russ's eye it is unanimous we have continued this to 416 next up no more continuences request
for determination of applicability james O' Conor 221 subset road pass for permission to vista prune according to FWR 10.1810B alyssa staff recommends a negative three under the state and a negative two under the bylaw the
resource area boundaries are not confirmed heard so move fiscal second we have a motion and a second to accept staff's recommendation questions or comments we're voting betsy I courtney I
matthews i Kevin o'brien i ron driscoll i russ robins i it is unanimous we have accepted staff's recommendation next up William David Lane Jr 45 Davis Neck Road found with Mass full permission to
reconstruct an existing deck and install two stone patios alyssa staff recommends a negative two under the state and bylaw resource area boundaries are not confirmed and this project solely takes place in an AE flood zone move second we have a motion and a
second to accept staff's recommendation questions or comments we're voting betsy Pelter I Courtney Bird I Matthews I Kevin O'Brien I Ron Driscoll I Russ
it is unanimous we have accepted staff's recommendation next up Northland Residential Corp cara of Jack Dolly 809 Sandwich Road Felmouth Mass to determine if this property is subject to jurisdiction under the Massachusetts
Wetlands Protection Act and or the Town of Fmouth Wetlands Protection bylaw alyssa staff recommends a negative one under the state and bylaw negative one yep means it's not in
jurisdiction oh you knew that though all right questions or comments it's been a long time since heard it yeah it has all right we have a motion and a second to accept staff's recommendation betsy I courtney I
matthews I kevin O'Brien i Ron Driscoll I Russ robin I it is unanimous we have accepted staff's recommendation next up Brian Storms 32 Chapo Road Palmouth Mass for permission
to remove existing hardscape and extend an existing driveway alyssa staff recommends a negative three under the state and a negative two under the bylaw resource area boundaries are not confirmed so move second all right we have a motion and a second
to accept staff's recommendation questions or comments we're voting betsy Glad Pter I courtney Bird I matthews I kevin O'Brien i Ron Biscali russ Robin's eye it is unanimous we have accepted
staff's recommendation next up Sha Sha Coons 127 Lakeshore Drive Pam with Mass for permission to vista prune according to FWR 10.18 10B alyssa staff recommends a
negative three under the state and a negative two under the bylaw resource area boundaries are not confirmed so move second right we have a motion and a second to accept staff's recommendation questions or comments we're voting betsy Blfelter
I courtney I matthews I kevin O'Brien I ron Driscoll I russ robin's eye it is unanimous we have accepted staff's recommendation thank you for all the staff's efforts on these next up our request for hearing
under notice of intent all hearings of the Felmouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetlands Protection Act and the Falmouth Wetlands Bylaw although a single decision of the commission is issued it represents a separate decision under
each authority as a reminder public commenting is limited to three minutes so I encourage you to stay within the purview of this board which are the rules and regulations of the wetlands protection act and the fmouth wetlands bylaw and how they pertain to a particular application the chair
reserves the right to stop any commenting that is disparaging or inconsequential to the hearing first up David Flity Flareity Environmental Services 84 Old Dock Road Melmouth Mass for after the fact permission for the
installation of Hardscape and for permission to install the associated mitigation uh thank you Mr chair uh excuse me trying to get my video going sorry always fascinating that they'll they'll
install the the violation but they won't install the mitigation that goes with it you'd think it would be all in one but hey what do I know is that better thank you Mr flarity mr
chairman Mr flarity up project thank you Mr chair uh members of the commission uh David Flity for the applicant um uh at 84 Old Dock Road um yeah I was uh brought into this project
kind of late um I understand that they did some work they installed a a fieldstone/slate patio on the south side of the property uh approximately 550 square ft um and uh it was brought to their
attention so uh we're presenting uh mitigation planting um you'll see that to the east side of the property um it was recommended to uh leave an additional um pathway for potential fragmitees
removal in the future that would be covered under a separate filing um and also uh getting back to the um the field stone patio they want to install a pergola over that which I don't know if
that falls under the the definition of a structure but it's uh I don't think it's going to be um I don't think it's going to have footings i think it's just going to be tied into the existing dwelling but um I requested that you know if if
there are any footings uh to be installed they should be hand dug so um I believe at the time we thought we we showed all the resource areas and the setbacks but um I understand there may be some um some additional uh
information that's necessary yes are you done with your presentation yes sir thank you okay Jen so yes Mr chairman and the board I have Mr farad's plan up these are the two patios right here can everybody see my little cursor
moving around these are the two patios that were installed um Flarity Environmental came onto this project a little later um we had issued a cease and desist to Joyce Landscaping um we
issued two cease and desists I believe um for work on the property it took them a while to get the plan but we do have a plan um there are a few things in our staff report that we need to see just cleaned up or put on the plan um the
correct buffers from the salt marsh are 25 ft offset from the Vzone there's a rinse station over on this side of the property now that we have to pick up as well as a couple of um utility pads
um and we are going to have to have the plan amended to clip these patios back as they are moving closer into your zone A than um than allowed um the mitigation
is right here um and then I believe Mr clarity there your path is going to be on the back side of the mitigation for the fragmitees work that's correct okay um is everybody all set with the plan well clarify what the application is are
we applying for the fragmitees removal are we applying for the pergola installation they're doing after the fact u the application is for the after the fact installation of these PA patios
um and uh to install the appropriate mitigation for those patios one patio was enlarged and then one patio I think was added as well as the uh as the uh installation of the pergola oh yes and the installation of the pergola
and if you need more mitigation we'll be glad to help you know uh comply with that we we really want to work with the uh commission on this and um I know the um the owner is eager to uh to get this
resolved it's been a while so yeah this portion of this patio will probably need to be removed as the couple of probably one one row of these uh pavers on this edge here and again the mitigation is going over there but there are some
other elements that are missing from the plan that we've already reached out to Mr farad and we'll be working with him um I don't believe you've received a D number yet sir um so we will need a continuence
um I think you were CCed on an email that state had reached out to us um um about getting the application so we did send that over to D today okay thank you so they'll get the wetlands uh
forms then that I included in my packet yeah they'll get everything that you submitted to us we've sent it off to the just for ease and um Yeah yeah i'm I'm sorry that was omitted from their their packet again we want to uh move forward
on this so any way we can do that I'll be happy to uh revise the plan and um make sure that uh it's uh it's uh appropriate for what you would um approve okay well unfortunately we can't
close the hearing without that D number understood so and the very busy on the 16th so would you prefer the 23rd or the 30th uh would
the 30th be okay of April 30th will be fine okay terrific well thank you very much for your time folks i appreciate it are we going to ask any questions oh sorry i'm sorry please stop talking over each other i'm
sorry calling you speak not until Thank you all right Jenn are you all set i'm all set Mr chairman thank you Elissa nothing to add at this time thank you
commissioner comments Betsy so Jen there are other um if you work with Mr flity there are other resource areas that aren't marked like the salt marsh and Yeah land under ocean land containing shellfish yep
yeah we will relay that to Mr flity moving forward bets it'll be on the plan next time okay that's all jamie all right Courtney um are are is a permit going to be required for the
pergola it is I would assume so a building permit yeah a building permit because I would I would assume it would be and there would there would be likely a requirement for footings and so uh we
need that determined and the methodology for installing the footings and how deep so that's all in the app you know gets all covered in here then there's no surprises
all right other than that I have no no other issues all right and yes I believe a building permit would be required i do believe they would require footing some form of method to tie it down yeah I would think
so i was thinking to do that anyway Kevin no further questions thank you Mr chairman all right Ron and the footing shouldn't be any closer to any of the multiple resources that aren't on
right all right ross I'm good Mr ch all right Jen is there anything in the public chat function please nothing in the chat all right so as I understand it um the applicant has requested a continuence
until April 30th is that accurate yes okay so I'll be looking for a motion and a second to that effect bird so move fiscal second all right we have a motion and a second to continue this until April 30th last call questions or
comments we're voting betsy Blooder I courtney Bird I matthews I kevin o'brien i Ron Biscal I press Robin's eye it is unanimous we have continue this until
April 30th thank you Mr clarity thank you very much for your time we'll be in touch with you so we can set up either a Zoom call or something with you to go over everything before you come back okay perfect thank you okay have a good night sir you too bye
next up Brian Dale no revocable living trust 14 herringbrook lane found with mass for permission to install a koer fiber roll array Jen yep i'm promoting Angela Tanner
A from Crawford Land Management and if I can find Tim Santos from Merrell I'm going to grab Tim as well there he is good evening Mr santos you're up sir uh good evening
for the record Tim Santos from Merill Engineers uh representing the applicant along with me this evening is Angela Tanner from Crawford Land Management uh with your permission I will share my screen yes sir assuming everybody can see that
yes property is located at 14 Herring Brook Lane currently developed with an existing single family home deck uh lawn landscaped areas throughout the property resource areas on or within 100 feet of the property are land subject to coastal
storm flowage uh coastal banks to the north and south of the house the inland bank associated with Fresh River as well as the uh the entire properties in riverfront area um associated with the uh Fresh River as well we are here
before you tonight as the applicant is looking to install a fiber roll along the edge of Fresh River to help prevent uh further erosion from the eastern side of his property line
um along with that we will be proposing uh some vegetated buffers along the edge of the roll as as well as some restoration plantings in the northeast corner of the property uh the construction access will be from the
front of the property along the western side of the house and then kind of down to the bank um I'll turn it over to Angela in a second but I just wanted to kind of touch base on the staff report i believe there were five comments four of them um
Angela will address we believe these are all minor comments that we can revise the plan and submit to uh staff within the next few days is uh one of the comments that I'll address is there's a set of stepping stones that run from the front door down to the side the deck
that I will add to the plan as well as a set that run from the edge of the driveway down to the blue stone patio in the back so I will get my plan updated to address that comment and then I will now turn it over to Angela so she can
review the fiberal restoration plan and address any other further comments you both have hi Angela Tanner from Crawford Land Management for the record and I if it's okay I'm going to share my screen
yes please can you all see the plan you can see a stripe of it stripe of it there you go there you go okay it's just a little slow I think um so we are proposing as Tim mentioned this fiber
roll installation and then adjacent to that we are proposing a mix of grasses and sedges wild flowers to help stabilize that area with the fiber roll there are some really scraggly
shrubs left from what I understand as a previous mitigation planting those will need to be removed in order to install the fiber roll there's not much left of them but that's what we are proposing to plant in the northeast corner where
these bare areas are to fill that with shrubs and then if there's access to um the driveway behind the house back here uh we may need to
retore a little bit of that area if it's demolished with the construction work that's what that hatches um staff comments noted that we did not hatch in this little area up in here and that was an oversight on my part so we will add
that um as the proposed restoration for during the construction work uh staff also noted that there was a discrepancy between the spacing over in this note it says 4T on center and in the replacement plant schedule it says 5
to six um with the types of plants that we have in the replacement plant schedule I think the 4ft spacing would be appropriate so we can switch that fix that on our um updated plans
there was another staff comment asking if the Huckleberry which is one of the restoration plants proposed for this back area would be huckleberry sod which we did not intend to do sod our intent
is to do a mix of different shrub planting so that would be more difficult with the sod um I know that the sod has been controversial on some of these projects so um and then uh the other item I think
that we were not aware of was that there was a previous mitigation 6 foot wide mitigation shrub planting in this same area which is now basically gone um it's it's in the water i guess whatever is
remaining of it is what we were proposing to replace up here so I think that um in order to replace some of those shrubs we if it's okay with the commission we'd like to be able to work with staff to figure out where those
would go we already have basically this square footage up here is pretty much what's left over after you take out the 3ft wide uh vegetation strip here so I think we're just our spacing is is 5 ft
not the 3 ft that's required so I think that we could very easily add some more shrubs to this and get it to a place that you're happy with um and Tim let do you Am I missing anything nope i believe that covered the
five comments okay so I'll stop sharing and you can um answer any questions thanks Angela oops Jen here we go yes Mr chman
um Angela the sod we didn't want the sod we haven't found when we when sod was first the huckleberry saw was first um I think it was first proposed to this board by Wilkinson we were given I don't
think it was Crawford i think it was Wilkinson and we were given like these really beautiful pictures on a site in Barnstable where it's thick and lush and everything we're not having that same luck in Felmouth we haven't seen one huckleberry sod project that actually is doing well um so we're happy to know
that it's not sod and that's why we asked the question um and second we can work on with you on the sighting of that required mitigation uh we know that's a tiny backyard there's not a lot of room back there i don't need it stretched out
along that um fiber roll array maybe just grouping them up in that corner like you were proposing maybe expanding that but we can work with you on that okay that would be great get that to a place where we're happy with uh other than that I don't have any other
questions Mr chairman all right Alyssa no comments thank you all right commissioner comments and questions courtney no no comments all right Kevin uh no further comments let's put it that
way all right Ron yeah why five feet from the property edge why do we stop the koi roll five oh um Tim do you do you have an answer for that i I have I sort of have one but I don't know if it's as technical as as
yours i'm I'm going to assume it has something to do with the design um that Crawford Land Management came up with so that it doesn't cause erosion onto the budding property yeah that's my response i don't know that the five I I actually wasn't the
one that came up with that number i don't know if the what the reasoning for the five feet was versus 3 feet versus 10 feet um I just know that usually we wouldn't go all the way to the property line okay thank you Megan and one more i know
this the Fresh River is intimately connected with the the conduit of the culvert that ends into Vineyard Sound and um is Jennifer you got any news on that from the other day uh the Fresh River Culver
uh I don't have an answer for that yet okay i know I know they're studying it i know they're working on it right are you talking about just clearing it out or what you talked about the other day well if they if they were going to replace it if there's I mean the size of that cover is going to definitely affect the flow of the Fresh River from the Situs Pond
to Vineyard Sound and definitely affect this property oh absolutely there are plans to replace that culvert um they are currently being uh engineered um so that we don't have to go in and dredge it all the time that it will remain open
and flowing so you are correct it it would affect this property okay all right thank you that's all all right Russ no comments all right Betsy yeah I want to follow on what what Ron just said so the homeowner was there
when I came out for the site visit and he was pointing out that when that cover gets plugged up his whole backyard floods and then if it's a storm sometimes you get salt water into
there so I'm just wondering for the with the planting to to make sure that whatever species are there can deal with potentially saltwater conditions yeah salt water the plants are
definitely selected for salt tolerance and flood tolerance i I can't guarantee that anything can survive prolonged salt tolerance um it it's it's a matter of what time of year it happens and how long and so we're we're trying to do the best we can to make sure there's a
diversity of species so that it we can give it its best shot yep yeah i think that's what happened with that initial the initial buffer that was there it it got flooded and and obviously got eroded pulled back
it's all Yes i can just tell the commission that both Fresh River and Salt River do tend to get plugged up um we see that in our summer storm season unfortunately it is a
um it's difficult to have those dredged out right away and let the water release back into the sound because of the presence of clovers they won't let us put machines on the beach they won't let us put the dredge material on the beach
if the clovers are within 600 I think it's 600 feet or yards it's some crazy amount crazy distance and that's what happened last summer when salt was it last summer or the summer before when
Salt Pond uh no last summer that plugged up and we couldn't get it dredged for weeks because those clovers were just dancing all around over there and the state would not let us put a machine on the beach and we put a sign up to keep the clover pullovers out i
try i don't want them on Surf Drive anymore than anybody else does i'm probably the one person that does not want them on Surf Drive um because of the fireworks but they're there and they seem to love it there
it's marginal habitat for them but they just seem to like it there i don't know why so that's the problem we have with these rivers in the flooding of these properties is we we're not allowed to dredge y All right Jen is there anything in the
public chat function please [Music] nothing in the public chat comment i'll make a motion close the hearing and take it under advisement second all right we have a motion and multiple seconds to close the hearing last call
questions or comments all right we're voting to close the hearing betsy I Courtney I Matthews I Kevin O'Brien I Ron Pisclly
Russin's eye it is unanimous we have closed this hearing thank you Tim thank you Angela thank you thank you have a great weekend good night guys thank you all right next
up Pamela Espazito and Eric Stein 9 Bourne Pawn Road Felmouth Mass for permission to construct an attached garage and a shed install a pool with a patio and install mitigation plantings
jen yes Mr chairman I have promoted Mike Burcelli up to present his project mr morceli you're up sir thank you Mr chairman members of the commission for the record my name is Mike Borceli from Thalmouth Engineering and I represent
the applicant Kimmel Espazito and Eric Stein they own the property at 9 Bourne Pond Road with your permission I'd like to share my screen yes sir sharing the site plan with you
um the lot is known as lot 38 it contains a total land area of 1.77 acres there's an existing single family dwelling located closer to Bourne's Pond Road than than the actual
pond um the pond itself is far to the west of the uh developed portions of the lot there's an existing licensed uh pier on the property the wetland resources of note include land under the ocean land
containing shellfish there's a significant salt marsh system just to the west and north of the site there is a uh non-eroding coastal bank we have shown the uh uh related no
disturbance zone A's and out of buffer zone B's to those wetland resources now for the proposed project I'll zoom in a little bit for you the proposed project includes the addition of a twocar garage that'll be
connected to the left side of the house uh a pvious patio which is shown in a uh tan color and a smaller 14x 21 ft uh pool which is labeled uh and I'm
circling with with my mouse uh we have met um prior to the application with your staff uh the applicant and I met during office hours and went through the plans um and I think what we've proposed
um is approvable we took um great steps to try to meet all of the requirements of your regulations at FWR10.18 which is the redevelopment of a resource area buffer that was previously
altered the proposed pool and garage don't go closer to the wetland resources than the present primary structure um there is uh imperous surface calculations and mitigation planting for
the increases in imperous surfaces which are all located within the outer buffer zone B of a coastal bank there's a very low profile 18 in plus or minus landscape wall that borders the edges of
the patio there'd be a very slight gray change here that will allow for a level area around the pool there's a small uh uh pool shed directly adjacent to the pool
everything was uh designed to in a way that it could fit uh not only our regulations but uh regulations related to zoning setbacks and setbacks to the existing septic system um some imper
some existing imperous surfaces are being removed um to help compensate for some of the proposed and the net result uh yielded a need for and I'm going to zoom in on that
few the the mitigation planting notes are here the net result of all the calculations yielded a a need for 1,982 square ft of mitigation and we're proposing um just over 2200 square ft of
mitigation and that is shown in the shaded green areas it's it's in areas that are currently um developed with grass and lawn areas your mitigation uh regulations also
require um one tree for every 1,00 square feet of required mitigation so we're proposing two eastern red cedars so we think we designed this to meet your uh performance standards
within your regulations there was a staff report and the staff comments I think are all um minor and can be addressed easily um the first was that the actual landscape wall itself needs to be
mitigated for we can calculate the square footage of that um and since we have a surplus I'm confident that we will still have more than enough uh mitigation planting to compensate for
that there was a question about the driveway to the garage uh at one point we contemplated just having grass this is a seasonal house um and it wasn't going to be uh used heavily um but the
uh owner has since decided that they would like to have a crush stone um driveway which is of course pvious and it's within an outer buffer zone B so um there's no need for mitigation planting but it doesn't currently show
on the plan so I'm happy to uh draw in the edges of the driveway and submit a revised plan for that your staff pointed out that there's some evidence of some erosion right along the edges of the house where the downspouts
are and made a recommendation that there be dry wells which is certainly a good recommendation and we're more than happy to do that there was a question about the location of these two trees we showed them in a place that we thought made
sense but if there's a better place we're happy to work with staff in citing these two um required trees and evidently there's a boat that washed ashore and is in the salt marsh i
haven't seen that that must be a small skiff I assume um and there was a comment about that that boat having to be uh removed i spoke to the owner today about it and it's not their boat it got blown in on a storm evidently and they're making arrangements they've been
trying to make arrangements I should say to have it removed they're looking for a contractor who can do that for them so they understand it needs to be removed and they're they're trying to trying to get it removed um there's a kayak rack that is right on
the path to the approach of the dock that will be removed it will no longer be needed because if the project's approved the uh kayaks will be stored in the garage and finally the evidently there's a rinse station and a generator that we didn't show on the plan that we're happy
to add to the plan and uh I believe we have sufficient excess mitigation planting to offset that but we will provide the calculations and demonstrate that or we will add more mitigation so in summary I believe that
uh we designed the project in a way that it meets your regulations we've met with your staff uh prior to the application in hopes that we could work out a lot of the issues and um pre prehering and I believe that the staff
report uh for the most part reflects that the comments are are very minor in nature and can be addressed and I'm hopeful we can close tonight and I'm happy to take questions thanks Mike 10 mike is that that patio and pool that's
not raised right that's at pretty much at grade correct yes it's within like 8 12 to 18 inches of grade yes it just needs to be flattened out and the landscape wall is how big the the width of it is about 8 in it's
going to be made out of landscape blocks and it's going to be it's going to be about 18 inches tall the reason I ask is you boxed yourself in there um how are you if you pull your
plan back up is there any sort of break in that wall where you can get your kayaks out of the garage and you don't have to walk along I'm assuming the north part of the property and bring your kayaks back in there because doesn't your landscape wall go all the way around your patio well they're going
to have the the way that they'll haul the uh kayaks around would be around this side of the house and down along the lawn along this edge where they can also hand carry them out here and just slide them over the wall here and just step off the wall along the edge of the house there's a there's space between
the house and the vegetation here yep okay you just mentioned it and I was looking at the plan i'm like but you're basically walling yourself in mhm and everybody goes with the path of least resistance so I highly doubt we're
going to be walking all the way around the house with these kayaks get launched over that wall they can easily step over that low that's what that was what what I was getting at is Can they get over the wall yep all right perfect um and I guess you
addressed everything else will need to calculate the mitigation go out in the field and look if we can put those two trees where they're they planted some trees um I'm all set Mr chairman all right Alyssa
no comments at this time thank you alyssa's awfully quiet tonight i don't know all right commissioner comments or questions ron Mike wasn't there a generator right where there where you putting the new addition did I did I miss that when you you on your
presentation yeah there was a comment about the generator i'm going to I'm going to go out and check out where it is if it is in conflict it's going to be shifted out of conflict with the with the addition we're going to show it on the plan submit a revised plan and which way towards the resource or away from
the resource um I would believe I believe it would be along the side of the house slightly closer if I can share my screen again sure um it's likely to be either in this
corner or shifted this way right alongside the house right here all right then I have to mitigate it for if it goes over there yes yes okay
adequate uh surplus mitigation that we're proposing so I think we're we're we're okay with that okay and if you can do something about the trees hanging over the pier almost fell in the water when the tree hit me in the face oh wow so you're giving us permission to do
pruning i would i would mike if my vote means anything go ahead and trim that branch noted for the record you're right that's all thank you you said that in public russ no comment all right Betsy
no comment all right Courtney no comments all right Kevin all set Mr chairman thank you all right Jen is there anything in the public chat function please in the public chat Mr chairman thank you
make a motion to close the hearing and take it under advisement second all right we have a motion and a second to close the hearing last call questions or comments all right we're voting to close the hearing betsy Blter I Courtney I
Court Yeah Matthews I kevin o'brien i Ron Driscoll russ it is unanimous we have closed this hearing thank you Mr boselli thank you
all right next up William and Elizabeth Scanel 314 Quisset Avenue Falmouth Mass for permission to construct a cabana and a porch install a pool with a patio and
a sports court reconfigure the driveway regrade the steep slope and upgrade the existing sewage disposal system to title five requirements jen yes Mr chairman Mike Burcelli from
Felmouth Engineering is still with us to present this project and he's joined by David Hawk from Hawk Designs who is the landscape architect on this project excellent mr woselli it's been so long welcome back thank you again Mr chairman
members of the commission for the record again Mike Borscelli Smouth Engineering along with Dave Hawk representing the applicant William and Elizabeth Scanel um Beth Scanel is in the audience
um very interested in following the proceedings and if there's any specific questions or comments that neither Dave or I can ask she she may be able to help um we're also joined tonight by Carara
Menesus who is from Archite the general contractor if you've been to the site you've seen them uh there's other projects underway that have been before you on previous hearings including uh uh restoration um renovation of the
carriage house uh installation of uh a a new water mane and some uh minor um renovations on the outside of the main house um there's also um construction related to the new
septic system that was actually approved by an uh RDA at a previous hearing the leeching system for that uh new septic system is being constructed right when you turn in off Quissit Avenue and I'll
point to that in a minute um what I'd like to do if uh that's okay with you is share my screen and go through a few exhibits and then show the plans yes sir i wanted to start with an an aerial
photo uh of the site uh you're you're familiar with the property because you did review this under an RDA for the carriage house and as I mentioned some minor renovations to the main house um the scandals have um a history with
Felmouth the the family is in Felmouth um they I I know at least that Beth has been coming to Felmouth since the mid60s they were married in Felmouth they acquired the property with the per uh
intention of converting it from what it used to be which was the National Academy of Sciences back to its original um purpose at the turn of the 20th century which was a residence there's currently going uh on currently
underway inside the house um extensive interior renovations and restoration um that are uh being done to bring the property and the inside back to what it was back in
its heyday um I zoomed in on the aerial photo just to give you a a sense of uh scope i'm I'm circling where the carriage house is that's under renovation and almost complete there's a driveway coming off of Quisit Avenue
that meanders through the site it's a circular driveway that loops around there's a choke point here um that's uh Jennifer is very familiar with because she had to drive around it and was a little nervous because there's a
drop off cliff here but the driveway is circular and paved and it loops around and you then find your way back after you go around the site there's a very large um crush stone uh parking lot which was
uh parking for all of the um functions and the operations when it was the National Academy of Sciences the the dock that you recently approved to be reconstructed is shown here so the property is a a peninsula on
Quisset Harbor and um this is an overview of the property for reference again showing the house the carriage house and I I'm showing this to give you a an understanding of where the leeching system for the new uh
septic system is going that you did approve the current system is located close by to the house it's within 100 ft of salt marsh coastal banks it's a It's designed for functions it's actually designed to be a 66 seat restaurant
capacity it's it's substandard in uh in accordance with current Title 5 uh regulations uh we we met with Jennifer early on in the pro process when we were designing the site David and I and um
talked about things and one of the things that was highly recommended is that we find a new home for that uh leeching system that would serve the house so if you've been to the site and saw our excavation by the road that's the leeching system that's being pulled
back entirely outside jurisdiction um hundreds of feet beyond jurisdiction um and that's going to service the carriage house and the main house uh when the main when the main house is finished the tanks and uh a pump chamber will be
installed which you've already reviewed and approved under an RDA and we'll pump the waste water up to the new leeching field now I'm going to go through the um existing conditions um wetland resources of note
include uh of course Quiset Harbor which is bordering the peninsula on uh three sides has land under the ocean land containing shellfish there's a salt marsh band on the southwest side here we've shown the
100 foot no disturbance zone from that a significant portion of the paved driveway in the um crush dome parking area are within that uh 100 ft no disturbance zone from Salt Marsh if you make reference to um the
the northern part of the site um Quisit Harbor again surrounds it on the north and west side is a moderately steep to steep uh coastal bank and it
wraps around it's vegetated the top of bank is shown on the plan there's also a salt marsh system to the northeast side of the property and we're showing the no disturbance zone A's from the
salt marsh we're showing um actually uh 100 foot no disturbance zones from the coastal bank as well um and that is because um the entire this entire portion of Quissit not only this property but all of this portion of
Quiset for um some reason is all considered priority habitat so we filed an application with um Natural Heritage we did get a a response back from Natural Heritage that this was not
um this site was fully developed and wouldn't uh result in a prohibitive take and and they actually made the statement in the their letter that the pro proposed work will not adversely affect the actual resource uh habitat of any
state protected species but that being said your regulation uh says if you're in priority habitat that the no disturbance zone A's are 100 we really can't get out get more than 100 ft from any wetland resource just because of the
the shape of the peninsula the the top of the coastal bank and the salt marsh in addition to those wetland resources there's um a secondary coastal bank which creates the large basin where the gravel parking lot is um
between the um waters of Quisset Harbor to the south and the main house and then also um the driveway basically borders the edges of what we're we've uh grown
to uh call the bowl or the basin inside the site um if you've been there you uh experienced or saw the relatively moderately steep uh slopes and a large
8-ft tall granite wall that um create this lower area that we all believe was uh manmade created by excavation and and grading back in the day when the site was developed
um when the site was originally developed uh and they built the house uh I'm going to share with you this photo that shows the house in this this large granite stone wall that's still on the
site and um that moderately steep slope and you can see the driveway circle around and it disappears but it loops back around and up as I showed you on the plan but this whole area was altered at a time when the house was built so
that the family could have outside uh recreational areas and gardens this this wall was constructed and below that wall are some of those uh amenities and I I have we were able to obtain this other
historical photo um believe it or not that shows the lower area this is taken from the main house looking down at what is now a gravel parking lot the driveway is here for reference off the the dock
is over here and this driveway loops back up and back to the carriage house but this whole area was altered um there was a there's a lawn tennis court you can see there's this uh very ornate or on ornate formal garden and the whole
area was developed for the recreational uh family purposes back at the time you can see two other houses in the background that those houses um at the time this was taken I think in 1906 um so that all all of that activity is
down where I'm circling here so the proposed project um there's a few things that were important to to the scandals first of all the National Academy of Sciences when they occupied and used the property
um they didn't care so much about some of these uh amenities of course like we're proposing a pool and a cabana and we're proposing a sports court well the sports court is ironically in the same place where you saw that photo with the
with the lawn tennis court and the um formal gardens were adjacent to that tennis court over here um the way that the driveway is designed there's no parking proximate to the house you can't
park a car walk into the house with groceries or there's no guest parking near by close to the house where you you'd want it for convenience so one of the main elements of this design um is
to change the driveway system so it does not loop around anymore but um the section that was be the most hazardous and unsafe is being eliminated and instead when you come to
the property you come in and go left and you'd go up to a circular driveway that would have parking and the the circular driveway allows for uh cars to park on the side as well so there's also this
side parking area um for um uh cars to park as well so that was a a big element of the design that was important to converting this back to a residence and the other two of course
are the of the recreational uh uses are the sports court and the um pool and the cabana that's associated with the with both the sports court and the pool all of these site changes to bring it back to a
residence um require us to do some alteration of that moderately steep secondary coastal bank it's and what we're proposing to do is regrade and terrace that so that the main house
is at the upper uh level and it the site terraces down to a to the pool cabana level and then it terraces down again to the sports court the circular driveway um requires some regrading filling off
the side because it would be hanging off that cliff um for reference that granite wall that I showed in the photos is highlighted here where the red line work
is so that circular um parking and driveway will straddle what is currently that wall and this slope will be regraded much more gently than the current slope is
for uh further reference this red line represents the current edge of the pavement for the driveway um these areas that are paved are going to be uh uh the pavement will be removed and there's an opportunity to do planting there and this will be
pulled back there's another location here if you make reference to the red line double red line that's where the current driveway is it's going to be reconfigured to loop in over here so
this is all pavement and it'll be removed and this will no longer be impervious surface the entire lower gravel parking area which we've shown with this dashed
red line and you saw in the aerial photo will be eliminated and that's going to be grass areas s back back to the way it used to be back in the day uh with a different type of sports court it's an all-purpose sports court and then some
outside uh grass areas as well this is all designed as well to be the low point on the site all of this uh area will uh it pitches to this the driveway will
remain here and it's higher by about 18 inches than this grass area so all of the surface water is collected here or within dry wells as for the cabana roof
as we've shown on the site because we are doing work while it's a secondary coastal bank it's still a coastal bank I had to provide in my narrative some uh um arguments or or descriptions of
the work to demonstrate how um this coastal bank is a secondary coastal bank and we've overcome the presumptions of significance for what the coastal bank's function is and I'm not going to bore you with reading that verbatim but I I have made the same
arguments before and basically this this coastal bank was created by um activities of man uh reshaping ing and it meets the definition it doesn't
function as the class coastal bank um that surrounds the property on the outside it's it's completely altered it has a parking lot at the base of it it has a driveway and a a wall running on
it so its function as a coastal bank it's not a sediment source it doesn't erode it doesn't provide beach nourishment to downdrift beaches its only function is to provide storm damage prevention and flood control and it does that by virtue of being a
vertical buffer in a flood zone so it's a mass that's prevents flood waters from going any further so the alterations we're proposing are going to continue to do the same function in fact we believe there that the regrading is a benefit
because the more steep slopes which have higher potential for uh hurricane wave impacts are being softened and regraded in a way that they're not as steep um in addition um there's proposal for
vegetation in a lot of the areas surrounding um all of the regraded areas that'll be stabilized with either vegetation or grass are um lawn areas that would be in accordance with um
felmouth friendly lawns and your requirements for for for lawn areas so it'll continue after this project if it's approved is developed to function as it functions today which is a
vertical buffer to provide uh storm damage prevention and flood control uh I can also uh point out just for reference um where we're proposing the tanks that are part of the septic system
that I showed you that's up further away up by the carriage house here's a here's where the tanks are to be located we we've been to the board of health they've reviewed and approved this project um we're required to apply
for all obtainable permits um there is a requirement to go to the board of appeals and uh Kevin Clower from Amit Clower Law Firm has applied to the board of appeals um for permission to allow what is
called an accessory structure in this case the cabana um and the pool in the sports court are considered accessory structures and ironically we're going to the board of appeals because you need to go to the board of appeals if those structures are in a front
yard even though the front yard is probably 600 ft away um the front yard is up here we've got the carriage house here and the pool cabana and sports court are located here um we're still in a front yard because
we're in front of the main house that's why we're going to the board of appeals but that hearing I think is on May 13th if I recall from Kevin and it has been uh the application was uh
filed i'm going to just uh tell you that we met not only with Jen uh prefiling dave Hawk and I met on two occasions with Jen Ian and conservation staff pre-filing and then as recently as last
Friday we met with um Jen Alyssa and Fallon and went through the application and the plans in in detail and in hopes of getting a a little bit of a uh preview on what the comments or questions or concerns might be and we
were present pleasantly surprised that there weren't any real significant issues or concerns and the staff report reflects that there is one
um minor item that we need to take a look at but I think it's an administrative thing and that is um on the very end of the house there's a proposal in this on this peninsula which
is currently a grass overlook area to propose a fire pit and uh patio and sitting area adjacent to the fire pit now we know the regulation says you can't go closer with any of these
elements to any resource area than the closest point of the present primary structure and we thought that we had designed this in a way that it does um because our interpretation was that this uh knee wall here with steps was part of
the present primary structure and that is closer to the top of the bank than we were proposing this fire pit to be but staff doesn't agree that that's part of the present primary structure so we there are other places that are close
but a little bit further away so we might need to adjust this slightly um to conform i think it's important to point out um some of the the big
improvements i think the biggest one of course is the septic system relocation out of jurisdiction um combined with the fact that the uses and the estimated daily flow potential
on this use are being uh reduced substantially but if you look at the imperous surface notes and calculations we're actually reducing the overall imperous surfaces by just under
6,000 square ft on this site from what exists today so that is mainly due to um a significant uh removal of a paved driveway and removal of this entire uh gravel parking
lot which is considered um impervious because we're in an Azone and it's just completely uh you know void of any vegetation whatsoever so all of the the net result even with these proposed uh
additional imperous surfaces is a net reduction of just under 6,000 square ft and we believe that it's actually a benefit to regrade this secondary coastal bank with with less severe
slopes because it'll aid in the storm damage prevention and flood control uh with that I'm going to unshare and I'm going to turn it over to Dave Hawk to talk about the landscape and then we're both here for questions
thanks Mike mr hawk you're up sir mr hawk are you muted you must be muted my apolog um for the record Dave Hawhawk Design um and we're excited about it's a beautiful site and we're excited with
working with Mike and particularly the clients uh they're wonderful clients to work with and let's face it it's just a beautiful site the one thing uh that also needs to be said is you know this is going back to a residence so the use
uh of the property uh will diminish quite a bit as it uh transitions back into a residential property um Mike talked about the road layout etc and pulling things back um from the salt
marsh and coastal bank etc uh that driveway also um as we go into areas uh along here is only 11 ft wide so you know it's 25 or it's 18 feet wide right now as it goes in there so not only is
that driveway you know being pulled in but it's also uh narrower um and that was kind of our goal is to uh get this back to a residential proportion um and briefly Mike talked about you know
bringing the slopes to a to where they were in a former era per se uh the other thing was you know if you look at this our goal was to remove walls we've got 20 ft of grade change in there and really the tallest wall we have this is
a a vanishing edge pool is a 4ft wall that goes along the pool edge all of these walls in here they're all seating walls very very small and you can see that there's just not a lot of walls we're letting the pool uh be the wall
here and also the caban itself to do that um and that's great for the wildlife because you can see with the slopes and that you know it certainly helps any wildlife migration through the
site um that was a big objective uh obviously the slopes are improved you know where you see these grades getting tighter that's a 3:1 slope but we're 6 to1 in some of these areas so as Mike said we've really tried to make those uh
more gradual um as far as uh trees we've got some existing trees on the property we tried to uh make sure that we're preserving all those trees there's not a whole lot of them there's some cedars over here there's some trees along the
lower area here so those are all preserved we we removed three trees two of which are in that big slope in this area where the wall exists and there's a small 8 inch tree that was probably planted uh you know a few years ago and
that would also be removed which is right here in the in the circular area so uh Mike spoke uh to the drainage obviously we've got a low point down in here somewhere and really you know one of the big concepts that we tried to do
you can see that you've got the activity area with a swimming pool all concentrated in one spot that was on purpose instead of spreading these around the site and having different areas around the site we felt that it'd be better to push all that activity to
the center of the site and away from our jurisdictional lines so that that was all concentrated in one area and what that does is that opens up uh the rest of the site and again this is just residential use that we're talking in there so that's kind of the the concept
behind that and we also wanted to make sure um that we uh pointed out plant beds what would be proposed plant beds as Mike brought up we do have a terrace up here uh with a fire pit the areas
indicated in the square hatching in here and here and the area over by this along expansion of that buffer uh that would all be in our
minds uh native vegetation herbaceous uh perennials and grasses uh and what we're looking to do is just around the foundation of the mansion itself and also around the pool area and sport court uh in these areas would be a
predominance of non-invasive uh non-native ornamental plantings uh and that would have obviously some uh some natives mixed in there too because uh our goal there is to make sure that what we put in the ground survives and
does well so any any other areas away from that becomes all our native landing areas in spaces like this and overall that came up to
3413 square ft of uh native planting areas in there um so really this we tried to make this a win-win we tried to uh work the driveways we tried to think about you know storm water runoff we've
got uh lawn areas and subtle slopes that uh that really stabilize that ground plane uh we've located amenity areas to the center of the site we've gotten rid of a driveway that nobody wants to drive on and I think that's probably a good
thing because if you bat your eye you could take a 20ft plunge um but it certainly does uh seem to suit the residential aspect more and at the same point to Mike's point all this is paved right now right up next to the Coastal
Bank so it it does shift things away a little bit in that fashion um so we think this is a real win-win situation for not only the clients and the conservation commission but but also the
property itself to uh to really uh bring out the uh to do justice to a beautiful piece of land and that's all I have to say and we'll entertain any questions you would stop sharing sir i sure will
for now chen yes Mr chairman um not real a whole lot of comments on this project uh the board does need to determine whether or not you agree with Mr borbelli's um argument for the secondary coastal
bank uh keep in mind this as Mike demonstrated this site has been altered oh for well over a hundred years um it's just been completely developed redeveloped redeveloped again
um so uh the board just needs to determine whether or not you agree with that argument um really the only issue the board found I mean the staff found was Mike's uh closest point we don't believe it should be that um wall that
wall is more like a little retaining wall for that back area and we do think the closest point should be um either a corner of the house or uh the deck but we can work with Mike to to fix that okay um and that's really all I have
they're protecting the trees it's a big gravel parking lot right now um it's just going to be uh a lot of fill um depending on the dump trucks or the the machinery being used i calculated uh I think 350 to 500
truckloads of fill being brought into the site so it's substantial but again the site has been altered repeatedly over the last 100 years plus that's all I have all right
Alyssa nothing to add thank you all right Mike do you have cut fill calcs we actually the general contractor Arkrite had their site contractor the estimated volume of fill is 7,500 cubic
yards by their software yep wow beautiful property that's a great plan i mean that'd be amazing all right commissioner comments and questions russ we're going to start with you
i'm good Mr chairman i think um staff can handle that issue with the um fire pit area um it is it's going to be a beautiful project and I quite a lot of improvements there
i'm good with it excellent Betsy i'm good with it too and it's a beautiful site and I'm looking forward to seeing it when it's done courtney uh I just did some calculations there'll
be 375 10-wheeler loads of Phil brought in there that's a lot of Phil so uh I think this is well thought out and um I commend everybody from the builder to
the designers on working with the site um just a question of clarification um the um the guest house will be tied into the existing septic so uh you don't show how that's
tied in on the drawing maybe you could bring it up uh Mike and just describe where how the connection points work that's the first part and the second part was in my tour today I asked about
whether or not this was going to be a denitrification system and the the general contractor on the job the site super said "Well they're going to allow for it." So I just wanted to verify that that was the case
and if so where is the allowance i can answer those questions i figured if you if I could share my screen yes sir so this should this is that overview
plan the carriage house um there's going to be a a shared leeching system that's located you've drove by it it was it's underway it's in fact it's all it's been inspected by us and the um health
department and it's all installed um there's a tank that services the carriage house which is installed here so that runs via pipe to a distribution box on this side of the leeching field
um there's also a distribution box on this side that's installed and there's a pipe that's installed and stubbed out here this system which is approved by the board of health is the tankage for
the main house yeah and um there's a pump chamber for the main house that would pump the uh effluent up along the edge of the driveway to that distribution box both both systems have been approved for IAS we're waiting and
they're they're accounted for IAS we're waiting for the towns plan to to be developed on on um our watershed planning so the requirements are to show that you can retrofit it and those red boxes are the
retrofitted those would be the tanks that would be plugged in um and there's one uh for the carriage house as well um you can see it if you look closely this red box is where that would be oh okay so we've we've account accounted for
those to be accommodated both horizontally and in elevation wise because we have to make sure the pipes allow for gravity flow um except of course the pump up
here i haven't figured out how to make water flow uphill without a pump yet yeah so so you'll have a what two-inch force man from yes okay and then what about from the from the uh guest house
is that a force man too is that No that's gravity so that'll be a 4 inch line yes gotcha and you can still do an IIA in that situation yes
a tank that a treatment tank yes okay and then um I think other than that I think you you pretty well covered it i mean it's a a complex project um but those are the kind that are fun to
work on but you know good job thank you all right Kevin god I couldn't think of anything else to ask thank you Ron i'm all set thank you it was a great project Mike long presentation but very informative thanks thanks i tried not to
be long vintage a lot of information we had no choice with a project like that oh that was great jen is there anything in the public chat function please nothing in the public chat mr chairman I'll make a motion to close the hearing
and take it under advisement second all right we have a motion and competition for the second last call questions or comments we're voting to close the hearing i have a question oh I'm sorry
the the the foreman on the site told me that a car fell off that That wasn't you Jen was it if it were you I think we would have heard that story i'd still like an answer
probably still be there i did you call on me for a vote well for your question comment put your vote yes courtney I Matthews I Kevin o'brien i
Ron russ robins i It is unanimous we have closed this hearing thank you Mr borelli mr hawk thank you thank you and have a good evening tonight nice presentation
good night both of you thank you one of those really good feel-good projects where it it's going from not that the National Academy of Science was bad but going from a commercial type use to um you know to the the days of
your Yeah if only I could afford it yeah next up John R callahan trustee Artmore by the Sea Nominee Trust Zero Brockton Street map and parcel ID is 46A-07-0000-042 Fmouth Mass for
permission to remove a shed and to construct a single family dwelling jen sorry I was muted this was a late continuance today the applicant is requesting a continuence until April 23rd heard so move and the reason
uh they need to um they submitted architecturals a bit late so we just want the opportunity to go over them and the salt marsh line was not staked so the site is actually currently being mowed so we would like the salt marsh uh area to be staked off it's not very
apparent all right we have a motion and a second to continue this hearing until 423 questions or comments Why is Jake here oh because he's coming up so I just moved him in a little early sorry about that Mr chairman all right
we're voting on the continuence betsy I courtney I matthews I Kevin O'Brien i Ron Biscal I russ robins i It is unanimous we have continued this until
4:23 next up our continued request for hearing under a notice of intent first one had been previously continued it brings us to Ronaldo Andre 0 Central Avenue map and parcel ID is 32-04-004-002 East Falmouth Mass for
permission to construct a single family dwelling and install a title five sewage disposal system on an undeveloped lot jen yes uh Jake is here from Cape Islands Engineering to present the project good evening Jake good evening
all my name is Jake Ferky for the record I'm professional land surveyor with Capen Islands Engineering representing Ronaldo and for this project um and with your permission Commissioner I would like to share my screen yes sir
okay can everybody see my screen yes all right so uh a revised plan was submitted uh last week uh as a result of some conversations with conservation uh after our continuence on March 11th and
uh this this plan as we have discussed is a residential development with a title 5 system that title 5 system has been improved to be an IIA system a swimming pool is here on the
southerntherly side in a row of privacy screening planting along this property line to protect everyone's view from each other there's another house and patio that's quite close here um the deck and porch which was uh much
discussed with conservation has been removed and uh has been replaced with a set of steps here and here the at the closest point these steps are now 13 ft from the limit of work and 14 ft from
the FWR A zone we did add a drywall for the swimming pool down here in the corner and a drainage system uh in the driveway here has been redesigned to move it back from the limit of work and by our engineering
team and we can confirm that this will handle the runoff from a 25-year storm uh as we've sort of previously discussed the existing vehicle track that runs across the lot here
uh predates the Wetland Protection Act as well as local bylaws and is in our opinion a grandfathered use town of Falmouth aerial imagery taken in 1960 clearly shows this vehicle track and turnaround was well defined at that
point um unfortunately earlier images are not available to confirm when the track first appeared i'll uh quickly show you a uh an image of that of the site with this this aerial image underlaid here and as you can see the
vehicle track here is in incredibly solid coincidence with the edge of the uh the path as located today uh finally uh a letter was submitted which goes through the state and local
performance standards for coastal banks our position is that the proposed driveway will not have a negative impact on the function of this coastal bank here and it will not be uh more detrimental
to the long-term health than the existing vehicle track and it meets the local and state performance standards we've worked closely with staff and addressed all of their comments and we understand that at this point it is really up to the commission to determine
if the driveway can be permitted as a relocation of this existing grandfathered use at this point I will stop sharing my screen and answer any questions thanks Jen yes Mr chairman
um Jake thank you for making those changes i still I'm having some concerns about the the the practical use of of the property where the house is located i mean you are right up against that zone A buffer um
there's literally no outdoor space besides that small patio around um around the the pool um so it's it's very limited in any door sort of outdoor space and the second concern is the the
driveway over that coastal bank um this board has never um is permitted driveways over coastal banks when they've pre-existing like we're calling that cart path but to cut a new driveway in um I do have some concerns with um so
the board's going to have to determine whether or not um you'll allow that new driveway to be cut up and over that coastal bank because it goes down and then it comes up um there is other room on the property to site a house um the
goal is to I'm assuming subdivide the property which is why we are shoehorning this house like right in that area it just it does not allow for a lot of breathing room on that house and I just have concerns with it that's all i mean
it it where the house is cited yes it meets your regulations um but it it checks the boxes but in reality you know is it a livable a livable
property when you can't touch the trees in that no disturbance zone A um and again the driveway um that's all Mr chairman all right Alyssa nothing to add thank you okay i don't know who to direct this to
i just want clarification that this originally came to us as a divided piece and then it was for lack of a better term undivided where do we stand right now because it made a difference whether that track was on which property it was
on right now it is one parcel um but I do believe the like the end goal would be to subdivide so that would put the the uh existing driveway track on a separate property
depends how they subdivide it but yes it did appear that way in the previous play yeah because we just have concerns about whether the mitigation's going to survive right on a separate property how that would get treated okay thank you for that clarification all
right commissioner comments and questions and for the record Alyssa the um Betsy is not on this forum okay Commissioner Coleman and questions courtney um in an ideal world if there were no other motivations than to build this
house you wouldn't locate it there and um I would agree with that in a perfect world I wouldn't locate it there for a lot of the reasons that Jennifer has mentioned the practical thing is there's just no room to move around and
live out there and so I fear that it's a violation waiting to happen as a result because people will want to improve on that property the other issue is uh that the driveway no matter how well you have
designed it and I have concerns that your overflow system is only a 25-year storm given climate change and everything else that thing should be designed for at least a 100redyear storm and if it's not properly
maintained um it's going to get clogged up and then fail and you're crossing a coastal bank now you could argue that the existing driveway crosses a co coastal
bank but you could make an argument I would if I were you that that's grandfathered well if it's grandfathered then you have to make use of it which means that your access to that house has to go over that
driveway not a brand new cut and so you know I I'm having a lot of issues now i understand that you want to subdivide the property but I understand as my goal as a commissioner is to make sure that what
we approve is environmentally appropriate and meets the regulations all the way through that's our quandry that's our priority that has to come first in our decision and then it's up to you if we decide for example it ain't going to
work there then it's up to you to figure out how you want to resubdivide to meet you know meet our concerns and um the goals of the owner to subdivide it and maximize its value so you know it's not
an easy corn thing but personally I'm not in a mood to approve this project as it's designed that's all I have to say all right Kevin
i'm in a quandry as to how I vote i'm a little nervous about it quite frankly but I'll vote when we vote I'll vote okay Ron no I'm all set thanks i agree so agree with Courtney it's gonna It's a
tough vote anyway a tough vote thanks all right Russ um I've got to agree with Courtney too he framed it perfectly the way I feel um grandfathered yeah I I agree with Court
all right Jen is there anything in the public chat function please my apologies nothing in the public chat mr chairman all right what are you thinking folks i'll make a motion to close the hearing and take it under advisement
fiscal second robin all right we have a motion and a second to close the hearing last call questions or comments we're voting to close the hearing courtney Bird I Matthews I Kevin
O'Brien I Ron Bisclly I Russ Robin's eye it is unanimous we have closed this hearing thank you Jake you're welcome all right next up are requests to amend an existing order of
conditions first up Elizabeth Barry trustee Elizabeth Barry Family Trust 111 Lucern Avenue Felmouth Mass request to amend the order of conditions for mass DP number 25-4874 to reduce the amount of
previously approved hardscape that must be spelled wrong reduce all right Jen yes Mr chairman i've uh promoted Raul from Capen Islands up to present his project good evening Raul good evening
mr lazardi you're up sir um for the record Raul Lisardi from Capen Islands Engineering representing the applicant um for this amended order of condition application uh for the project at 111 Lucern A in Famouth with your permission
I would like to share my screen yes sir so as noted earlier this is to amend an order of condition that was issued um in October of 2023 about a year and a half ago um the applicant filed a notice of
intent and obtained another condition for an after the-act construction of um patios um and missing mitigation planting that were um required for that um project the property is on the shores
the western shores of Little Pond um this is the G US USGS map that shows the location of that um property and this was the site plan that was filed for this amendment
request now I'm going to um go to a second um plan view that compares what was approved a year and a half to what is being proposed today um so on the left side of this view we have the plan that was approved for the
after the fact patios and on the right side we have what is being proposed today um two years ago the homeowners um installed a patio at this location at this location and at this location um
without permits um the the only permit that they had at the time was under an RDA that um a determination was issued to approve um this little deck um and then an enclosure on the front the
enclosure on the floor never happened the deck did got constructed but then in addition to the decks the patios were constructed and it was only found after they were on the ground um with that plan all of this mitigation
was required for the after the-act filing this mitigation accounted for over a thousand square ft of um area and as such uh an additional tree was required as part of the mitigation which was proposed here um the applicant
realized how much of the yard they would be giving up for this mitigation and they feel that it is best to remove the deck that was con I mean the the patio that was built without permits at this location at this location and a portion
at this location and that's how we end up with this amendment request um in overall we're reducing um the approved after the fact um
hardscape areas um from approximately 344 square ft a year and a half ago to 145 square ft now so it's a reduction of 200 ft and now the required mitigation planting um is reduced to 435 square ft
which is what we're proposing at this location um if we look at some couple of pictures that were included in the application um this is one of the patios that was installed without a permit that's being removed this portion of the patio is
going to be removed and then this portions of the patio are going to be removed um they're still keeping some of the after the fact construction like patio in this area um and this kind of it looks like a fire pit but it's not
what we have in this location is the ejector pump that was installed some 5 years ago for connecting to town sewer and and that little wall that sitting wall was constructed around um the cover of that um patio around that um E1
ejector pump um so that's the project in in a sense so it's a reduction um of what was approved for the after the fact installation and a reduction in the mitigation plantings with that I'll stop sharing
and take any questions thanks Ro um um we're only just concerned am I muted again no I'm not i'm sorry apologize um we're just concerned with some of the landscape uh
mitigation hasn't been installed yet rel I know it's not you okay um so we'll probably put a date certain on those mitigation requirements good okay we'll do that um and then I think uh Lisa just wanted
you to show a tree and if I missed that in your presentation I apologize that's all Mr chairman all right Alyssa nothing to add thank you all right commissioner comments or
questions i'll start because I want to um now I just agree with the date certain on the on the mitigation you know I said it earlier tonight it's just fascinating how people will go move forward with pieces and not even Yeah i mean at least if they planted this you
know it it it'd be a positive direction but what do I know all right Kevin uh other than to second your comments no other comments all right Ron I'm all set
thank you Russ i'm all set Mr chairman all right Betsy no comments Courtney uh the retaining wall that we saw in that picture that sort of has curves around
was that permitted at any point so yeah um to address some of the earlier questions um the mitigation tree that was proposed a year and a half ago was such because the mitigation planting was over 1,000 square feet now that we have less than a thousand the mitigation
tree is not a requirement by regulations um the the wall that is existing um was part of the after the fact construction um a year and a half ago um there was a smaller wall they did extended it after the fact um but it is the extension is
being counted towards the mitigation requirements so you are specifically asking approval to keep that wall am I clear right right the wall stays because the the changing grades is still there all right that that's all I want to know
thank you so there's a violation of the violation unbelievable all right all right we should have some extra mitigation for all of that you know jen is there anything in the public
chat function please nothing in the public chat Mr chairman what do you think i'll make a motion make a motion close the hearing take it under advisement third second all right we have a motion and a second to close the hearing last call questions or
comments all right we're voting to close the hearing betsy Gladfelder i courtney i matthews i kevin o'brien i ron chris i russ Robin's eye it is unanimous we have
closed this hearing thank you Raul thank you good night everyone uh let's see next up Carari Hubu Trustee Hubu Trust 110 Ransom Road Felmouth Mass request to amend the order of conditions for mass DP number
25-4942 to increase the design flow of the previously approved sewage disposal system jen yes Mr chairman i've promoted Mark Dib up from Capeen Islands Engineering to present his project we have the whole crew from Capeen Islands
here tonight mr dib you're up sir hi good evening everyone again mark Dib civil engineer with Capen Islands Engineering um we submitted a request to amend the existing order of conditions
at 11 or 110 Ransom Road uh with your permission I'd like to share my screen yes sir so this project was previously before you um through the design process a our initial submitt had a a pretty
significantly changed building um this general footprint was then approved with a threebedroom uh septic design um the applicant after conservation approval um did go to the board of
health for a variance for an IA system to be included a nitro IIA system um which is the best available nitrogen reducing um IIA technology and was granted a
variance based on the nitrogen loading calculation ations primarily based on the nitrogen loading calculations um with a determination that the site is better served um by this nitro um
nitrogen reducing system for a fourbedroom house uh than a standard uh title 5 system for three bedrooms bedroom house during in the last few months as the applicant was uh preparing
his construction documents there was also some minor uh footprint changes uh the footprint of the house in this area was actually reduced as well as some other reductions in footprint of the house for a total footprint reduction of
248 square ft um there was also a walkway here made of um pa material that access a deck on the back as well this walkway accesses a
door in this area um those walkways uh came out to a 248 square ft as well so footprint has been reduced and however impervious coverage uh
essentially remains the same uh because of those two walkways um basically those are the three changes to the project that we have submitted this amended uh request for i I'm going to stop
sharing and be happy to answer any questions thanks Mark jen jen you're not muted but now you're muted no you're not
can you guys hear me now yes okay sorry about that i have no comments or questions thank you all right no comments thank you all right commissioner comments i don't know where we left off so we're going to start at the top betsy
no comments all right Courtney um on the um walkways that you've eliminated are there still um egress off of the house at those points the the walkways are actually added to
get to egress um there was portions of the house that were reduced um but we did not have walkways in these areas on the previously approved but again overall the net change is zero square
feet of impervious area okay yeah I just wasn't clear from your presentation i have no other questions all right Mark was there a nitro system closed when it was threebedroom
no there was not and it was also not required at the time you went with a nitro so that you could get more capacity to to make it a fourbedroom correct okay Kevin no comments Mr chairman thank you ron no comments Mr
chairman all set russ no comments all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman all right what are you thinking folks a motion to close the hearing taken under
advisement ron the second all right we have a motion and a second to close the hearing last call questions or comments we're voting to close the hearing betsy who I felt for I courtney bird eye matthew's eye kevin O'Brien I
Ron Priscal I Russ is unanimous we have closed this hearing thank you Mr d thank you everybody done all right next up sorry if I get this wrong stefanos
and Despina Bubilis 43 Miami Avenue Felmouth Mass request to amend the order of conditions for mass DP number 25-4951 to permit a deck expansion and installation of two AC pads after the fact remove the shed and walkway remove
and replace a tree and adjust the mitigation area jen yes Mr chairman and I have promoted Chuck Roland from Capen Islands Capeen Island show tonight that's it good evening chuck Roland Capen Islands
Engineering i'm professional civil engineer uh representing the owners of 43 Miami Avenue um the vast majority of this project was uh previously approved um and uh this amended order came about
through um the inspection of a COC request um and the staff actually picked up on the fact that the deck was built um about a foot larger than what was previously approved and that is why we're here so um with that uh I'm gonna
ask that I can share my screen yes sir let me know when that pops up um so we have in front of you tonight you the um slightly larger deck that is in shaded slightly
darker um and so with the deck it's about 27 square ft uh hard uh larger than uh what was previously approved of hardscape some of the uh deck is over the existing concrete step and patio
which uh previously existing and we they uh kept it so that was not changed at all um there was u mitigation that was previously approved about 85 square feet um now we have proposed
uh 187 square ft of mitigation in this area um we have which abuts the vegetation abuing the bank uh or the existing wall and the salt marsh um and kind of our our way to try
to trade to keep this deck um is by removing the existing shed um as shown here on the bottom of the screen uh as well as the concrete walkway so 101 square ft shed uh the walkway which is
27 square ft and so we'll be removing 129 square ft of hardscape which at its closest is 1.3 ft from a coastal bank on the south side of the property where uh the existing deck is 28 feet away from
the closest resource um so we'll be adding um this area to the native planting so your uh native planting is now at 316 square ft of uh native planting that
we'll be putting in this area um so with that we'll be having a larger buffer to the wetland um to better filter any um nitrogen or anything else that comes from storm runoff uh the project did
implement storm water uh um catch basins that connect to the roof um we believe that the deck is a fairly um non-measurable impact on the resource
and we believe that we're giving back a a lot more than what would be typically traded in mitigation for structure of that size we know that this is um not a typical ask um my client uh you know they are they did the work
on the house they hired subs i don't know really what happened between um the previous deck and it being rebuilt um but we believe that with the mitigation uh that this is an improvement to the site over currently uh current
conditions with the removal of the shed and all the extra mitigation planting um some of the staff comments came back that uh they wanted to uh change some of the native planting and we can work with the staff on that to implement salt
tolerant plants um so we're happy to uh work on that we've also um proposed uh haz hazardous tree to be removed and we'll be putting a 3-in BDH red maple in the front yard that's further away from
the house um so with that I'm happy to take any comments if you'd like me to stop sharing I will yes sir thank you jen yes Mr chairman i mean it is moving
closer your regulations are pretty clear you did make a um a ruling a week or so ago on a property in North Fmouth where you made them cut the the the the stairs been the deck back so
um I'm just reminding you of that um Chuck they're not doing real well with their mitigation plantings they're supposed to have they're all dead they're removed there's grasses they're they're not really taking good care of
the mitigation they should have um so I'm not too hopeful that even more plants will do well because they're just not caring about the mitigation now um um but you didn't build the deck so you
um and those are all the question um comments I have mr chairman again your regulations are clear and currently the mitigation is it needs to be enhanced anyway for the previous project and not only for this amendment that's
all I have all right Alyssa just to add on to Jen's comment the um existing buffer on the site too is also being cut there were no permits to disturb that either um and I say cut I mean hacked it's not looking good back
there so I would recommend the commission require that at least the existing buffer is supplemented um at this point I don't even know what it is i don't remember they're just sticks so putting a little bit extra in there I think will help enhance it um it might
be worth having a special condition to that the buffer is allowed to regrow prior to compliance being approved thank you all right all right commissioner comments courtney
um can you put the picture up again your map or your um my plan yeah plan yeah sure okay so um it has concrete step and patio was that existing prior to this renovation yes
so could we So there is an argument which I didn't hear you make too loudly that um the this u addition additional add-on to your um patio which is while moving
closer is not moving closer if you include the concrete step and patio i mean it's not in itself right um I mean what's your argument there so the so these concrete
steps uh down below are to access the basement uh and then there are existing stepping stones that go around the building um and if you're saying so we're not any closer than previous previously developed areas uh that is
hardcape um so the question be is that concrete step and patio part of the existing dwelling prior to all of this renovation or Yes yeah um I am trouble i realize that only a
foot is only a foot but as uh Jen pointed out last week we asked whoever it was that only did a foot to remove it so you know there there was a plan we approved
it right so the whoever was doing his deck didn't follow the plan it's hard for me to argue that now we're being asked to approve his mistake what would you do in our shoes um I
think that you have to look at the project holistically i think that um you know that's a great term holistic thank you um um well that's a new one as a as a whole I think that you know people should be reprimanded for projects that
they do not follow uh per the plan uh with that being said I truly believe that this is not an egregious mistake i understand that it is a mistake and they did make it slightly bigger but um I also don't think it's
um you know deplorable by any means compared to some of the projects I've seen come across and then I think that with the removal of the shed and the added mitigation planting I think it's a net benefit to the environment you know and this commission's goals uh so you
know I So why didn't you come and sell that to us before you built the deck yeah well I mean you know what I'm saying i I want you to be in my shoes for a minute and my last week we blew up an
applicant because he made his deck and his stairs go exactly one foot closer to a resource area so now if we allow this what is that owner gonna a think about the conservation commission and
how quickly is he going to hire a lawyer to say that we're being capricious yeah I'm I'm not a lawyer and I only look at projects you know one I what I'm saying is personally I have difficulty with that one foot i have no other questions
thank you all right so Jen you guys have an opinion on that step was that pre-existing was that part of wasn't primary structure we'd have to look into that Mr chairman
i couldn't tell you off the top of my head um I do believe it was there but it whether or not it's part of the present primary structure I'd have to go back and really look at it to be honest with you okay because I mean that would be an argument to make but otherwise you know
it's it's really not approvable i mean based on what we've we've recently experienced and and the precedent we would set I agree with what you're saying Chuck about you know and and you always hear me say it is you know we got to look at each project on its own however we can't set the tone for every
project because of one so that that's a that's a tough one for us kevin uh I agree with the previous comment all right Jen um just to weigh in on that um
you know it would have probably been helpful to the applicant if they had actually taken care of their mitigation plant things they were supposed to put in just saying all right holistic don't shoot the messenger i know you just
asked us to look at it holistically and now we are and it's not good i don't know how we get the message across to people that of what you already have or or you know put in what you've already agreed to put in and then it makes it easier for us to
play along with with something that you want after the fact i mean it I don't get it you know anyway I'm getting off my soap box i'm all said Mr chairman thank you Russ everything said that um I
was I would say so let's see I'm going to say something more excellent I think it's a really bad precedent to say yeah you can do that extra foot but we'll give you the shed we're going to have projects come in
that have sheds and other stuff and they say well we're going to take them down but we just want to move 2 feet or six feet or 8 feet closer It's not a good president and Chuck I think at some point you ought to get on
a regulatory board because it gives it gives you a very different appreciation i mean you have a you have a job to play and you're playing it well you're doing your job well but you know Courtney saying "What would
you say?" Well you're not on a regulatory board you're the weight of the decision is not on you it is not but get on get on one sometime you you'll find you have a very different perspective yes ma'am
good answer all right is there anything in the public chat function please nothing in the public chat mr chairman Chad can you stop sharing i'm sorry i'll make a motion to close the hearing
and take it under advisement second all right we have a motion and a second to close the hearing last call questions or comments we're voting to close the hearing betsy Gladfelter i Courtney I
matthews i Kevin o'brien i Ron driscoll i Russ did I did I miss you you're muted Russ oh just give me a thumbs up thank you i don't want to exclude you all
right uh it was unanimous we have closed this hearing thank you thank you for your time am I back on again okay all right next up continued
request to amend an existing order of conditions first one is the only one has been previously continued brings us to request for a hearing for a certificate of compliance sharon Billingsley 103 Bourne
Pawn Road Falmouth Mass request for a certificate of compliance for mass DP number 25-345 that number right that's an old number or a typo
no it's old 19 1990s wow old project it's from the 40 years old 82 oh so I remember it then all right um we're withdrawing the um the request
uh for the certificate of compliance we were working with council and the uh property owners council and we were instructed by our council to issue the COC it it had to do with recording on a on a lot and then the lot was subdivided and it it had a lot of legal
implications so the lawyers worked it out we issued it it's withdrawn good excellent it's all I needed to hear thank you lawyers and work something wow all right careful careful
careful we will look out sometimes that's all right next up continued hearings under an enforcement order oh this one looks familiar jane Sahagian 21 Davis Neck Road found with Mass unpermitted
vegetation removal installation of a patio and construction of a staircase within conservation jurisdiction yes Mr chairman um this is the property out on Davis Neck we had the patio issue we had the stair issue off the deck and
we still have the issue of the rem buffer that has been removed mr sahesian did remove his stairs without a permit he did remove his brick patio um and he has yet to install his
buffer mitigations he is still fighting us with that we did send him the agenda we did remind him of this meeting tonight and he is not with us so at this point sorry I mean at this point I would just say the board should
just vote an enforcement order to have him restore the buffer that was removed and the buffer was from an order of conditions issued when um buffer it was already there
i can address that there there was an old order that he was referencing throughout um this process um I think the reason he was is back then the vegetation line was not drawn there was really no mention to buffer or
buffer zone because I don't think those regs really existed yet um so I think there was a point of confusion um the the main section of buffer that we are referring to is adjacent to the property to the south as well as I believe where
some of the patio was installed um a survey will help us determine where we will need plantings to be reinstalled which he isn't inclined to do that's why we have to vote the enforcement order mr chairman that's
fine i mean I me personally I think we've beat this to death so we just need to move forward one way or another so I'll make a motion to issue an enforcement order chris second with the requirement of a survey please
yeah well we need to know where the where the resource lines are yep solve a host of problems so we need a date certain as to when this is to be work is being Yeah we'll come up with it we'll probably give him a 60-day date
certain that gives him some breathing room with the uh surveyors all right so we have a motion and a second on the table for to issue an enforcement order any other input we're voting to issue an enforcement order betsy Gladel I
courtney Bird I matthew's eye kevin O'Brien i Ron Priscal I press Robin's eye it is unanimous we have issued an enforcement order thank you for that next up uh the next
two have been previously continued that brings us to vote orders of conditions for the record Russ you're not on either one of these so you can take off if you want or you could bless us with your presence a little longer your call no pressure first up Dennis
and Adrien Okcon 21 Fairview Lane Falmouth Mass yes this is a um a proposed house a raise and rebuild moving the house significantly further back um from the resource areas um quite
a bit of mitigation and trees um I don't remember if we had just pulling site there and there vessels being stored in the salt marsh we need to get rid
of the existing buffer is being cut so we'll put a condition in on that and I think that's it alyssa did I miss anything we did get a revised plan addressing our comments um so I think that part is all set
excellent all right anything else anybody want to see i'm sorry i'm sorry this is the one with um Lee Studios Tomley yeah okay yes all right anything else anybody want to see in there
all right what are you thinking i'll make a motion to issue an order of conditions as discussed second ladalter all right we have a motion and a second to issue an order of conditions last call all right we're
voting betsy filter i courtney I matthews I Kevin O'Brien I Ron Biscal I it is unanimous with this quarum we have issued an order of conditions next up 457 Wild Harbor road realy
trust 457 Wild Harbor roadmouth mass yes this is again another raise and rebuild um only a small portion of the actual projects in our jury restriction i believe it's portion of the patio some mitigation and maybe a portion of I
think there's a pool there's a pool yes that uh yeah they did submit a revised plan uh I think we're still um so they had their mo area um along the path going down to the water um we
had asked that to be filled in a little bit with shrubs um and I think that we still need it filled in with a little bit more shrubs um even with the revised plan so we'll have to add additional shrubs and we'll look into that and put
the appropriate amount perfect okay all right anything anybody want to see in there all right what are you thinking motion to issue an order of conditions as discussed second all right we have a motion and a second
issue an order of conditions last call we're voting betsy Felter i courtourtney third i matthews i Kevin O'Brien i Ron Driscoll I is unanimous with this quorum we have issued an order of
conditions and just a reminder we have no meeting next week you're off the hook and we don't even have a regulatory meeting so you're like totally off the hook next week so how about that all
right last call who wants it i'll make a motion to adjurnn disco second gladfelter i third eye i Driscoll i whatever
we're ajourned thank you everyone [Music]