Heat. Heat. Good evening and welcome to the October 22nd, 2025 meeting of the Fon Conservation Commission. This meeting is being held virtually via the Zoom video conference and is also being broadcast
by FCTV on cable channel 9 as this meeting is held virtually via Zoom video conference and is also being broadcast by FCTV. Um, as this meeting is being recorded by Zoom, uh, 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. Uh, we have a full compleiment of commissioners tonight. Thank you all for your dedication. Um, I'd like to remind the commissioners that for commenting, I
will call on each u of you in turn. So, please refrain from speaking over each other. Also, all votes are done by roll call. So, when I call your name, uh please state your name and your vote for the record, even if you made the motion
or a second. To our public attendees, um at any time during this meeting, you may enter any comment or question via the chat function at the appropriate time. Uh we uh they will be read into the record.
Um, if 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 to the hearing as a participant. When you are selected, you must have your video enabled and be succinct and respectful of others.
Public comments uh will be limited to three minutes each. RDAs. Under request for determination of applicability, the applicant is asking the commission to determine if the provisions of Massachusetts wetland protection act and
or the found wetlands bylaw apply to their proposed project. The negative determination is that the provision of the act and/or the bylaw do not apply. Therefore, the project may proceed as proposed.
A positive a positive determination means the provisions of the act and or the bylaw in fact apply and or may may require some conditions. Therefore, the project would require a notice of intent application. So, as an applicant, you
want to hear a negative determination. Um, for the benefit of anyone waiting for a particular hearing tonight and so that you are not waiting unnecessarily, the following hearings are expected to be continued.
Uh, 50 Dra Lane, Derry Lane LLC and zero Rand Beach Road, 42 Shaker Lane and 32 Squibet Drive. All right. So, first thing up on the
agenda this evening is to vote the minutes of October 15th. >> Mr. Chairman, I reviewed the minutes and found them especially well written and I would move their approval. >> Thanks, Steve. We have a motion um by
Steve and I think that was Ron Driscoll that I seconded. Um, any other comments or questions on the minutes? Hearing none, I will call the role. Gordon, >> third. I >> just eye.
>> Ronnie. >> Balman. I >> Steve. >> Bill. >> Duffy. I >> and Robins is an I. Um, so it's unanimous to accept the minutes of October 15th.
All right. Request for a continuence under notice of intent 15 Derry Lane LLC. 15 Derry Lane and zero Rand Beach Road map poss 0 0. F of Mass for permission to
construct a common dock. Alyssa, >> the applicant has requested a continuence until November 12th. >> So move second. >> Okay. So we have a motion in a second to continue until November 12th.
Any other comments, questions by the board? >> Hard to find. >> Yeah. interesting spot. Um I'm gonna call the uh role on this. Um Courtney
>> Bird I >> Steve Pat and I could you repeat the continue date please? >> November 12th. >> Thank you. Um, did I say Ron >> Driscoll? I >> Ronnie >> I >> Dave
>> K I. >> Bill >> Duffy I >> and Robins is an I. So it's that hearing is continued to November 12th. Request for a continuence under a
enforcement order. Suzanne and Maurice Ryan 32 Squib Knocket Drive East Mass. unpermitted installation of retaining features and hardscape uh potent potential regrading of the
coastal bank and clearing within conservation jurisdiction. Alyssa, >> yes, the staff is recommending a continuence until November 12th. Uh the property has been surveyed. They're just getting all that information in plan form for us. So hopefully that can be
submitted for our review for the 12th. >> Awesome. heard. So move >> Driscoll second. >> The 12th. >> We got a motion and a second to um continue until November 12th. Any other comments or questions from the board?
Hearing none, I'll call the roll. Courtney >> Iris. >> Ronnie Bowman. I Dave >> Kent. and Bill >> Duffy I >> and Robins is an I. Thank you. That's
hearing the post is continued until November 12th. Request for determination applicability. First up is um Howard Smith, 33 Ocean Avenue, Damoth, Mass for to remove hardscape, install timber edging, and a
fence around a patio and plant grass and American beach grass. Um >> staff recommends a negative three under the state and negative -2 under the bylaw. Resource area boundaries are not confirmed. >> Show move.
>> Disco motion second. Any other comments, questions by the board? Okay, hearing none. I'll call the role um to accept staff's recommendation.
Courtney I >> Ron >> Chris >> Ronnie I >> can't I >> Duffy I'm sorry Bill >> Duffy I
>> and Robbins is an I. All right, that's unanimous to accept the staff's recommendation. Um, Scott Masili, 37 Irving Road, Falmouth, for permission to install a
new title 5 sewage disposal system. Fallon >> staff recommends a negative 200 of the state and bylaw resource area boundaries are not confirmed. >> Move this project. We have a motion. Very
>> good. That that was a flood zone. >> Thank you. Will a motion a second on 37 road. Um any other com questions by the board hearing? None. I'll call a roll. >> Bird I.
>> Steve I. Ron. >> I bald. I You're you're muted. >> Russ, you're muted. >> Okay. Sorry. Must have been a heavy pencil.
>> Dave. Okay. Thank you. And Bill Duffy eye. Thank you. We um voted to accept the staff recommendation on 37 Early Road. Um Scott Masili, is it Missili found? Am
I pronouncing this right? >> Your guess is as good as mine. >> 224 Manard Road, Falmouth, Mass for permission to install a new Title 5 sewage disposal system in plant trees.
Staff recommends a negative 200 under the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. >> So move second. >> Motion a second to accept staff's recommendations.
Any other comments or questions by the board? Hearing none. I will call a role. Courtney >> B. I >> Eve >> I >> Ron >> Escoll I >> Ronnie
>> Balman I >> Dave >> Kent I Bill >> Duffy I >> and Robins is an I. It's unanimous to accept staff's recommendations. Uh, Whitten Irrevocable Trust 78
Mariners Lane FH of Mass for permission to install a new title 5 sewage disposal system. >> Staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed and this project fully takes place in a flood zone.
>> Burns move. >> Driscoll second >> with a motion and a second to accept staff's recommendations. Any other comments or questions from the board? >> No. >> Okay. Hearing none. I'll call the role.
>> Courtney I >> Steve >> Pat I. >> Ron >> I >> Bman I >> Dave >> K I. >> Bill >> Duffy I
>> and Robins is an I unanimous to accept staff for recommendation. 78 Mars L. Next up is Dennis J. Nton 133 Mariners Lane and Falmouth Mass for permission to install a new title 5
sewage disposal system. >> Staff recommends a negative two under the state and bylaw resource area boundaries are not confirmed. This project fully takes place in a flood zone. >> So move second. >> We have a motion and a second to accept staff's recommendations. Any other
comments or questions by the commission? Hearing none, I'll call a roll. >> Bird eye. >> Steve I. >> Ron. >> Sorry. >> I >> Ronnie >> Bman I. >> Dave
>> K I. >> Bill >> Duffy I >> and Robins is an I. So that is um unanimous to accept staff's re. All right. Next up is continued request for determination of applicability. Ben
Carson, 265 Wild Harbor Road, Falmouth, Mass, permission to replace two piles and float decking on an existing pia. Fallon >> staff recommends a negative two of the state and bylaw resource area boundaries
are not confirmed. >> So move second. and Carson. >> Okay. So, we have a motion and a second to accept staff's recommendation on 265 WH Harour Road. Any other comments or questions by the board?
>> Okay. Hearing none, I'll call a roll. Courtney I >> Steve are you good? >> He's He's muted. >> Pat and I >> I keep doing that too. Steve, thank you. Ron
>> Driscoll I >> Ronnie >> Alman I >> Dave >> I >> Bill >> Duffy I >> and Robbins is an I that's unanimous to accept staff's recommendation.
All right. Next up is request for a hearing under a notice of intent. All hearings in the FA Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland Protection Act and the Fouth of
Wetlands bylaw. Although a single decision with the commission is issued, it represents a separate decision under each authority. And first one up tonight is um 42 Shaker Lane which has been
continued. >> Um Oh yeah, I guess I >> Can you read that one into the Yeah, we have to read it into the record. Thank you. >> No problem. Dave and Katherine Greco 42 Shaolane Felma permission to
construct a porch, install a patio. um conduct invasive invasive species management and install mitigation plantings. Um Alyssa, >> the applicant has requested a continuence until November 5th, but the 5th is full. So I would recommend the
12th. >> November what? >> 12th. >> 12. >> 12. Okay. Birds move second. >> Thank you. Thank you. Um on
questions from the commission none the role to continue to November 12th. Um, Courtney >> Bird Eye. >> Steve, Paty, >> Ron,
>> I >> Bman, I gave >> I >> Bill >> Duffy I >> and Robinson is an I and continued until
12th. Next up is 12 Dair Lane. I think we did read this one in this one. >> Yes, >> that one's okay. >> All right. Well, next up is a continued request for a hearing on the notice of
intent 218 meadow neck road found with mass permission to raise RAZ an existing single family dwelling. Construct a new single family dwelling with a garage patio retaining walls. Install a new
title five sewage disposal system. construct uh access stairs down the coastal bank and install mitigation plantings. Uh Fallon. Yes. Chuck from Capen Islands is here to
present his project and then Chuck if you could just let us know if Phil Cheney should also be promoted for the planting. >> If you could please promote Phil Cheney. Um the lang. Courtney, you got something for
>> Yes, I have a question. Uh, has this hearing been open before? And therefore, if so, what about the quorum? >> No, >> everyone. >> Okay, thank you.
>> Is Phil here? >> All right. >> Did Phil did Phil get promoted? >> He's here. He just has his audio and video off for right now. >> That's That's fine. Chuck Roland, Capen Islands Engineering. Um, I'm representing the Petas at 218 Meadow Neck Road. I'm going to join. I'm sorry.
I'm going to share my screen if that's okay. >> Let me know when this pops up. Is that popping up on your side? >> There you go. Um so as you had said before, we're seeking approval for to raise the
existing um residence and construct uh and maintain a new two-story single family residential home uh with a gravel driveway, all associated pertinances um as well as construction access down uh towards the uh water.
um at um so to go through the site, we will be um constructing a work limit around the existing dwelling. Um let's see here if I can figure out how to zoom in a little bit.
I couldn't get my Adobe Acrobat to work tonight. So, we'll be constructing a work limit to go around the property. Um to reduce any uh additional impacts on the property. Um we'll be using uh heavy
equipment to remove the existing dwelling and then working our way out uh constructing the single family dwelling uh the walls as well as a uh title five septic that is um outside of
conservation jurisdiction except for uh sorry it's outside of the buffer zones um but it is slightly within I believe that's the 100-year flood zone line right there. Um
so the proposed dwelling will be be positioned approximately 66.3 ft back from the existing. Um and it is um mostly located in the buffer B zone. The re home reconstruction will result in a decrease
in structure and hardscape within the 100 foot uh buffer to the salt marsh. Um, like I said, it's dramatically an improvement over existing due to the whole uh structure getting shifted back.
As you can see, even the closest wall is at 57 ft back from the uh coastal bank where the existing porch is approximately 2 and 1/2 ft. Um, prior to the start of work, erosion, sediment controls will be installed to
uh protect adjacent resource areas during construction. All ground disturbance will be kept to kept to a minimum uh necessary to complete construction installation. No debris and equipment or material will be stored outside um of the designated work limits. Work limits will be kept clean
during construction. Any loose debris will be removed. Uh we're proposing several dry wells. Here are three. Um I've shown a couple of more as well as a dry well um up near the driveway.
Um uh for storm water runoff and all disturbed areas will be restored following construction. Um, additionally, when my client purchased the property, there was an illegally installed or I should say uh unpermitted
uh dock installed uh by previous owners and that was um removed as soon as uh my clients bought the property. So, with that um I can have Phil talk about the landscape
design. >> Sure. Thank you, Chuck. Uh, Phil Cheney here, landscape designer for the Peters. I developed the mitigation plan that you have in your package. Uh, as well as, you know, worked on the design of the
patios and retaining walls. Uh, we have a number of square footage that required for mitigation, which I believe is still uh perhaps different from the one that's on my plan now. I believe it went down a little bit, but what I tried to do is to
create as much of the area within the 50-ft buffer, the old footprint of the house and uh the disturbed area that's there now uh using uh 2865 square ft of mitigation with shrubs and uh some uh
grasses as well in there. as well as additionally uh trying to increase uh an area with some meadow land in front of that. So the meadow that I'm calling for would be something that would be mowed annually and is an addition to the
required mitigation uh and I'm not trying to count it as mitigation according to your uh bylaws etc. So I think uh I have one question. I know on the uh comments from staff there was a concern
about uh the grasses and about the sweet fern. I'm not sure I understand the concern about sweet fern. Can you explain what the what the issue is there? >> Yeah. Does that wrap up the presentation, Chuck? Are we >> um I was just going to bring up
>> or >> I was just going to bring up one last thing. Um, I did go back and forth with staff. Um, we had a revised plan. Um, and we had some of the staff comments where we tried to shift um, the work
limit as tighten the work limit up in the Azone as best we could. Uh we had heard comments about um the since this house is slightly uh inside the A zone and takes up some of the B zone, they
were worried about um lawn expanding. So um as part of that, Phil has shown stones uh to demarcate the edge of the meadow. So obviously you see the stones, you're not going to be running a mower through that um on a regular basis other than how we've described it. Um, so
we've done our best to shift things up. Uh, we also made the house uh a little bit narrower. Um, and we reduced the size of these patios and the walls slightly than the previously submitted plan. Um, so after going back and forth
with um, Alyssa and Fallon with the mitigation requirements, I believe that we're all on the same page. So, um I think that we've decided that the required mitigation as as shown on the current plan is 2,70
square ft. And if you subtract out the meadow and the blue stem and the sweet fern and switch grass, we have proposed 2,241 square feet of um staff approved
mitigation planting. Um but once you add in those other um species as well as the um meadow that Phil was talking about, we're at 4,075 square ft. So
we are uh essentially doubling the amount of required mitigation um to create a native um buffer zone to the to the best extent possible. So, with that, um, I think we're happy to kind of take
any questions and, uh, and Phil's questions. You want me to stop sharing? >> Please do. You can always go back to it, Chuck. So, um, Fallon, you would handle on this one.
>> Yeah. Thank you. Um, thank you, Chuck, and Mr. Cheney for the presentation. And thank you, Chuck, for um taking the time to speak with Alyssa and I about all of this. My first question before it leaves
my head when you were talking about the updated mitigation square footage, was that 2200 number solely mitigation or is that mitigation as well as the required restoration?
So, the 2,241 um I don't have a copy of the sketch that I sent you, but I I believe the second group of emails we had today showed a table as well as a sketch. Correct. And I believe and so that black
area uh that I showed in that plan is the mitigation planning. I hate doing this, but it's like if you can see right here. So the black areas, I literally just um highlighted the black areas to get the actual areas of mitigation planting. And so as you can see, those
two areas are the actual mitigation planting. And I removed the species you were talking about, as well as removing this uh invasive removal area. Um so I believe that's just mitigation planting.
>> Okay. And then there was that it was like 400 or something square feet of restoration plantings that you guys were also going to put in due to the clearing for construction access. >> Oh yeah, that was included in this
latest area. Um yeah. >> Okay. So, we can um work on that later on, kind of finalize numbers. But I wanted to just get that out there because all the plantings
together, all the numbers get kind of jumbled up. Um and for Mr. Cheny's comment, the commission doesn't typically approve sweet as a mitigation shrub because of
its size and we prefer typically uh larger woody shrubs and we've seen sweet fern many times get mowed down. So, it's not something we see in such large numbers. uh we see it like spatterings
of it here and there throughout landscape plantings but not such large amounts. Um and then after the first staff comments we got the revised landscape plan and there ended up being
more rose and more sweet fern than what was originally proposed. Um we're fine with the rose. Uh we would just if you want to use the sweet fern kind of lower those numbers and then put some other
party species throughout >> and then we can always go over that. >> Okay. Sure. I mean I'm I'm used to having sweet fern typically, you know, reach 18 24 ines in the first couple years. So uh I'm just a little surprised
at that. understand especially where we're not putting it right up against a a weekly mode lawn or anything like that. I think it'd be fairly safe. So, but I can reduce the quantity on that there as well. Currently, I only have uh three three switch grass on the plan. Uh I can
easily swap that out for something else, but I don't think three switch grass is going to uh overwhelm any planting area. The place I used it in particular is a spot where right next to the path where I'm trying to get some good coverage there was something that won't need to be constantly cut back to provide access
to the to the steps. So you know my thinking there. >> Yeah, the amount of switchgrass seems to be fine. Um I just wanted to put a comment in the staff report kind of you know as a caveat because we have seen on many sites now grasses start to take
over. So, that's something that we've just been slipping in here and there. And if you would like to keep the sweet fern at the number that it's at and count it towards mitigation, you're always, you know, welcome to ask the board. They're the ones with the the votes here. Um,
and we also were thinking that a small split rail fence may be beneficial outlining the mitigation area since that meadow is going to be mowed. I know the rocks are in place but kind of outside the meadow but just for
>> a physical and visual boundary separating the two. >> Yeah. You don't consider the rocks sign significant enough for that? That's typically what we do in a lot of towns here. >> The rocks are outlining the meadow area
instead of um the mitigation. if you want to add some more rocks. Um, that could be something to discuss. >> Okay. So, so I'm sorry I misunderstood you. You want fencing between the meadow and the mitigation shrubs.
>> Yeah, that's a thought that we were having just for when that annual mowing takes place. Some of the shrubs um aren't in the way. >> Okay. That would be kind of awkward trying to fit that in there. Uh really
for an annual mowing that seems pretty severe. Uh but yeah, we could always include some more stones if if that would suffice. >> Yeah, we'd be happy to look at a plan if there's one in place showing that.
Definitely. >> Okay. And then moving on from the plantings, um the one real thing that we were questioning on this plan was the
disturbance within the zone A. So that retaining wall and the for for sitting the sitting wall along with some of the regrading we were asking if it would be possible to kind of pull that disturbance back out of the zone A
because it is fairly fairly close. Um we can talk about that one. >> Sure. The the reason really for that lower wall uh which really is just trying to provide some more level lawn in that one area because uh the grade is
dropping off quickly in that side uh was we we don't and that's part it's really one of the main reasons I'm proposing so meadow is in l is to be able to in lie of having just grass there which would be permissible I suppose uh let's try to
keep things more contained up near the house to make for a usable lawn. area which that meadow area would be otherwise. Uh we can make some level usable space by doing a low retaining wall on there seemed to me like a pretty minimal disturbance uh you know given
what's been how far things are being moved back from where it is now. So that was the rationale and everything on that is to try to combine the activity up near the house. That's why we have the you know the perimeter of that you know the medic mitigation plantings and meadow up as far as it is. if we're just
going with the strict, you know, square footage on the mitigation could have a whole lot more lawn up in that area. I think that, you know, fescue lawn. Uh, so that was the mindset there is that the the Jet Meadow helps justify having a small retaining wall for a little bit of usable level lawn.
>> All righty. Thank you for the explanation. >> Going over more staff report comments. This one might be geared more towards you, Chuck. Um, we were just wondering if any generator pads, AC condensers, or rinse stations are proposed because we
typically see at least one of those elements on these plans for new builds. Um, so those will probably be um if they're installed, they'll probably be installed
on the north side of the house, which is uh out of the buffer zone um and out of the flood zone. Um right now we feel that fences that's which is really like an outdoor rinse station. Uh it's just a really a fence. We believe that those
can uh be in the setbacks. Um, so, um, I wouldn't be surprised if those get added, but we'll make sure that they we put them outside of conservation jurisdiction. >> Okay. Thank you. And
we are also wondering what is there for a septic now? Are do you know if there are schools and what's going to happen with those? Uh, I can tell you that I have not been inside the house. Um, I'm assuming that
there was some sort of privy. Um, there are no records. Um, usually I can find some sort of evidence or dip in a lawn or figure something out. Uh, just um kind of picking up on small nuances
where people have dug it up before, but I I can't really find anything. So, I'm I would definitely um expect to find something when the house gets torn down. Obviously, that has to get removed um
per uh 310 CMR um 15, but um yeah, no, there's there's no there's absolutely like no records. uh when you flip through the filing um that we handed in um there was no previous conservation filings that we could find
on this property. So the information on this property is fairly limited um and we've tried to share as much as the information as we can find. So um obviously we we're not really 100% sure but we assume there's something there.
>> All right, thanks Chuck. That's all that's all I got. >> Uh just to reiterate a couple points, Chuck, thank you again for working with us today. Um I think definitely Fallon and I reviewing a revised plan just to double check all those numbers will be beneficial.
>> Um to supplement the conversation regarding the rocks for Mr. Jeny, um it's definitely a situation like this that has been of concern to the commission in the past. um these types of meadows mowed once a year. If you have a grounds crew that comes in that's
never been to the property before, has no idea there's mitigation back there, particularly smaller growing mitigation, that's when we tend to lose them. Um so it's just been a historical occurrence, so we try to prevent it from happening again. Um so some kind of delineating factor. Um typically it's been that
single rail split fence. It's just really low to the ground. Doesn't have to be that. Could be more rocks, something more aesthetic, one of those little >> metal garden fences or something, just some sort of visual barrier. >> Um, something to outline the area. Um, so
thank you for being able to work with us on that and just prevent any casualties. >> Sure. >> Um, and then just simply regarding the wall, uh, the staff was, you know, trying to preserve what's left of that zone. A, we completely understand that's where the house is and there has to be some clearing around it just to demo the
property. um just trying to advocate for that buffer, but thank you for um proposing restoration at its place should the commission be content with this proposed plan. Um it's just something we like to bring up with with the proposed meadow. >> Um obviously the folks are going to want
some kind of backyard space, so having that level area totally makes sense. Um it's just it's tight as of right now. So, as long as the homeowners understand, you know, we're >> not really leaving room for a pool or >> uh um you know, you know, some other
kind of structure back there, which was our thought of you have so much property, if you pull it back a smidge, there's not only a little more opportunity for the future. >> Um >> and it'll give you more room to mitigate should you need to for any sort of increase. Um again, obviously up to the
property owners. Um, but it's just something that we've seen come back, second, third property owners wondering why can't I put something here and it was just purposely designed to be tight, you know. >> Um, but just a recommendation on the
staff's part and that's it. Thank you. >> Thanks. >> All right, Melissa, thank you. Um, go ahead with me >> off. So on this um visual barrier whether it's rocks or a low fence the
the main reason for something like that is that so a somebody coming along to mow the lawn doesn't go and mow over the buffer which happens all the time. So that's why we've always insisted on a
like a single rail fence that's a foot high and you know it's the length of the buffer. You could scatter some stones on there but there damn well not better not be a gap wide enough to get a push more through there. Okay
>> that's that's so my recommendation would be the preferred thing which is a single rail fence about a foot high. Okay. >> The second thing um I I think you have a good project there.
Um the second concern I have and staff is echo this and that's the use of these grasses for um for uh mitigation. The problem with them is that we've been finding is that those grasses are aggressive and they they take over and
crowd out the other uh species of mitigation plantings. So, I would like to see that personally held either not be used as a mitigation plant or very much limited. Uh, I'll leave it to you and staff to work that out. But those
are my only comments. The rest rest of the project's fine. I mean, I don't know. You have thoughts on that? >> Uh, just response again. The switch grass I've got a total of three and they're one. >> Oh, I know. And that stuff just it gets
rooted and it goes, >> you know, >> and I find >> all of a sudden there's nothing else but grass. >> Yeah, it's it's going to be basically sandwiched between some winter berry and existing vegetation. So I didn't think there I would like to issues >> see it not used simply because
>> I can I can easily find a substitute for three switch grass. Yeah, I mean I would substitute something else because otherwise it becomes a maintenance issue and after three years we're not going to be hanging over your shoulder. >> But which is fine, but that's not a
license to kill because we >> sure have a way of coming back and finding out. So, you know, I would reconsider um the use of those grasses in your mitigation schedule. >> Okay, that's my comments.
Thanks, Court. Steve, >> thank you, Mr. Chairman. Um, and I have no opinion on the grasses. Um, I was surprised to find a home like this in this neighborhood. And, um, moving
this house back as far as they did, I I got to give him a lot of points for that. U Fallon made a great presentation and I understand the issue of the wall, but I can't even picture what it might look like. So, I congratulate Phil on
his vision. >> I do have an out of jurisdiction issue and I'm going to say it. Why do you have to move the road and take all those trees down? You got a road coming right in now. >> Well, that's all I have. I mean, my
first motivation was to try to move it as much as we could out of the ACEC. >> I assume that would be a benefit. >> Additionally, the septic system has to go in that area. So, most of those trees are coming out already. >> Okay. >> So, that was my that was my thinking.
>> I was hoping there was a good answer. >> Okay. Thanks. >> You all set, Steve? >> Yes, I am. Thank you. >> Thank you, Ron. Yeah, I had the same concern about the trees and moving the driveway, but uh good answer. I'm all set. Thank you.
>> Thanks, Ronnie. >> Looks like a good plan. I'm good. >> Uh Dave, I'm all set. >> I'm all good with this. Thank you very much, Mr. Chairman.
Um found you have every everything you want as far as um you need you mentioned something about a planting plan. You do you need that? >> Um I mean we're definitely going to need
updates on those mitigation calculations and if the planting plan is to change we'll have to look that over. Um, I mean, so that's up to you if you want to condition those if you guys are
comfortable with what you've heard or if you want to wait for us to look over the final details. >> Yeah. Um, I don't know how the board feels. I I'm just trying >> I'm trying to get >> There's two weeks before the next
meeting. So before we can even uh issue the order of conditions, we have there's two weeks before that. >> Yep. >> I can certainly provide a revised planting plan that staff can review before that time. >> Right.
>> If that's if that helps. >> Go ahead. >> Yeah. Uh just as completely away from the planting, uh you you're getting rid of the irrigation well and you're putting a a water line in a municipal line. It's served by municipal out there. Municipal water.
>> We're actually keeping the um well and converting it to uh irrigation. >> Yeah. >> Yeah. But we are bringing in domestic water. >> Okay. Thank you. >> All right, Mr. Chairman. I'm all set.
Thanks. Sorry. >> Thanks, Ron. Melissa, what do you think about closing? Are you guys comfortable doing this if we I mean I don't I don't have a problem with it after hearing what we've got. Um but I I want staff to be cool with it.
So >> um honestly I'm on the fence. I I think everyone has a good understanding. Um it it would be nice to review a final plan
prior to closing. Um, I understand meeting will be two weeks away and then we kind of get into the holiday season. It's quickly approaching um for issuing orders and whatnot. Um, it seems like everyone was pretty receptive to the comments. So,
>> I'm indifferent. >> Okay. >> And you you feel that if I get you one a plan you can review before the meeting that would be sufficient? >> Uh, definitely we we would have adequate time to review. Um perhaps maybe even you could submit the um proposed meadow
mix for our review. I just noticed that you kind of referenced a general one. Um >> we're just not too familiar with that one. So it might be nice to review that too. >> I got your quote. What do you >> Courtney? Yeah, I hate to invoke my role
as a kermagin, but um I really I really think there's been enough changes in the plan that have been proposed and suggested that I would like to see this continued until the next meeting. And
you know, if they've done the done their homework and they made the revisions as we request it, it could be a quick open close and and done. But it's neater and we get a chance to pass on it. That would be my only comment here.
>> I mean it significant enough changes >> within the mitigation thing that I would I want to see it. >> Right. >> Chuck, when are they planning on breaking ground? >> I couldn't tell you. Um
>> so it's nothing immediate. It's nothing immediate. Um I think that we are talking about a pretty sign in insignificant amount of plants that we're proposing. Obviously, it's up to this board. Uh I I won't be
able to attend the hearing, but I I don't see why Phil couldn't represent the client at the meeting since it's mostly just about the mitigation planting. >> Yeah. >> At this point, we're swapping out three switch grasses and a few sweet ferns.
and I can, you know, show the the fencing or or stones, whatever the uh the client wants to use for the delineation. That doesn't sound like a significant change to me. >> Well, I would like to see it. >> Anyone else?
>> It isn't going to take a long It's not going to be a long meeting, Mr. >> Chairman. I'm ready >> and we vote on order conditions a week later, >> you know. So yeah. Um, any motion? Anyone want to make a motion?
>> Make a motion to close the hearing. Driscoll, >> I'll second it. Bowman. >> We have a motion and a second to close the hearing. Any other comments or questions? Alyssa, anything in the chat? >> Nothing in the chat and no hands raised.
Okay. So, we have a motion and a second on the floor here to um close the hearing. >> So, I'm going to go ahead and call a roll. Uh Courtney, >> no. >> Steve, >> yes. I
pat I run. Ronnie Bow and I >> Steve I >> Bill >> Duffy I >> you said I Bill
>> I did yes I >> and Robins is an I. So, with uh six in favor and one opposed, uh the motion to close the hearing uh carries. >> Thank you very much. >> Thank you. Thank you, Phil.
>> Thank you. >> All right. Continued hearings under a enforcement order. >> Uh Susan and Maurice Ryan, 32 knock drive. This has already been continued.
That was We read that earlier. >> Yes. >> All right. And um so the next up is Robert and Teresa Mclofflin. Trustees 65 North Pawn North Bors North Bourne's Pond Road East Mass.
unpermitted cutting, removal of buffer zone vegetation and installation of hardscape with u within conservation jurisdiction. Alyssa, >> yes, thank you. I am promoting the homeowner, Mr. Mclofflin.
Um, Mr. Mclofflin, I'm going to send you another request here. You might see a little window pop up asking to promote you as a panelist. Oh, there he comes. All right. So, just to give uh a little background, uh the staff was made aware
of this property through an RDA filing a little while ago. Um in working with the homeowner in BSS design, honestly, just to quickly sum up um the project here, there were a couple violations on site, including some unpermitted cutting um
and clearing into the buffer, and there were some unpermitted hardscape on site. Uh the vast majority of hardscape uh has been removed. Um we have allowed some minor work to go
onto the property in the intim as we were waiting for all these final pieces to come together and working with the Mclofflin's um Tom Bunker's office at BSS design and with Hamilton Tree. We are at the final two steps to proceed
and we are looking for the commission to um issue an enforcement order as the mechanism to permit the remediations on the property. Um those will consist of installing some restoration plantings as shown on the plan. Um there was a little
encroachment into the buffer just over time. So that'll be filled in with some shrubs. And then the unfermitted cutting on the bank has led to a great number of saplings growing out there. Uh we'd like to permit the folks a vista corridor in which we conduct that stump sprout
management. Trees that are healthy have the ability to grow in back into canopy trees will be allowed to do so with Hamilton tree. Um those that are unhealthy that don't have room to grow that are out competing others will be
cut back. There is a nice shrub layer out there of native shrubs that we're hoping will fill in and if they don't, the homeowners are willing to install some shrubs um to fill in any voids and bare soils. Uh the work is hopefully to
take place this fall, but the plant stock will depend on sort of what the nurseries have of course. Uh but the homeowners are ready to proceed and remediate again these last two violations that are present on the property. Um, typically for
enforcements, the board does hear our spiel, continue out the hearing uh until the next one just so you guys can go to the site uh review the plan that's been submitted. So, if we would like to continue um I would say the best option
would be to November 12th. Um up to you if you'd like to have a really quick one added to the 5th just to get this going. Um, but I do have the homeowners here if they would like to say anything. Uh, I see Tom Bunker is also in the audience. I'm
not sure if he would like to be promoted at this time. Tom, just raise your hand if so. And that's it from me. >> Okay. Mr. Mr. Mclofflin,
I see Mr. Mclofflin's with us, right? >> Yes, I am. >> Yes. Yes, I am. Yes, I am. >> I'm gonna send you another popup here for your video if you happen to have it. >> Okay, >> there we go. Hello. >> Hey, I'm in the uh parking lot.
>> Oh, okay. >> Yes, >> here I am. Anything to say? Um, anything to add to what Melissa would just? Well, I just uh nothing other than um you know, I brought sort I brought sort
of my own violations to light and I've uh been working hard to correct all of those violations. And in fact, I would even go just a little step further than Alyssa who did a very great job summarizing uh what has happened that uh you know all of the hardscape is removed
and uh we are certainly ready and in a position to um move forward with the remediation plantings and we are working with BSS design. Tom has been a great partner and uh we're looking forward to work with him and the tree to uh do what's necessary to um do the
restoration plantings and also get a a vista window for uh our property. >> All right. Thank you, Mr. McGlo. Um Fallon, did you have anything? >> No, I've got nothing for this one. Thank
you. >> Nice. Um, so what comments? Um, Steve want to >> No, it seems like we have a very cooperative movement forward. I would, uh, support the staff's recommendation
for the continuence and move this forward. Thank you all for cooperating. >> That's it. Thank you. >> Thank you. Ron, you good? >> Are you still with us, Ron? >> Yeah, I'm good. I So, I'm saying I'll go
along with that. I mean, I go along with the staff and do the continuence and we'll go see the site. Thank you. >> Okay, Ronnie, >> B and I, >> my only question. Uh, did you say Dave? Excuse me.
>> My question, are we talking about the fifth or the 12th? >> And I wonder how important it is to the project that we that we move quickly. >> Um, this should be >> that would be up to you guys. Um, yeah, it'll it'll be quick if you'd like to
include it. Um, I I know that Hamilton was hoping to do work in November. Um, as long as you guys were ready to issue it on the 12th, we could let them start prior to the enforcement order being issued. you can start. So, we wouldn't be holding it back too much.
>> I don't think so. I don't know what their timeline is. I think it's important for you guys to see the site. Um, also I the Vista does need to be staked by DSS designs crew. I'm not sure if that's been able to occur yet. Um, yep.
>> So, so maybe maybe the 12th works best. >> That's all I have. >> Right. Thank you, Dave. Um, Bill, >> I'm in agreement with staff's position for a continuence of the 12th. >> So, the next step is we're going to you want us to continue this. So, 12.
>> Yeah. Just so you guys can go see the property. As Jen says, she doesn't like you guys to make decisions um without having the full scope of work here and going out to see the property and whatnot. Um, he have permission to go on there or is it going to be, you know, under a schedule?
>> Uh, Mr. McGofflin, do they have the ability to visit the site when they have time? >> Uh, sure. I just uh am unsure as you as you said about the um ability to get the staking done and um yeah, I'm just unsure about that timing.
>> Yeah. Well, we can always um continue to the 12th if it doesn't occur by then. We could continue another day. Oh, Tom's raising his hand. Tom will have the answer. Hold on >> because we also want that restoration area staked for you too so you know where you're where you're putting all
those little plants if you can get the stock this year. >> Yes, please. Yes, please. >> Sure. We can uh stake I didn't wasn't sure of the procedure for an enforcement order, but we can we can stake the uh the Vista or anything else. Uh certainly
before the 12th or whatever date it's continued to. >> Okay. Thanks, Tom. Because I think if we um continue it to the 12th um if we let everyone have a week or two to go out and visit the site, um would you be able to have the staking done by next week, Tom? Or do you want to look into
>> Yeah, we can um we can get it done be before the end of the month. >> Okay. Because I think it's good for uh Dave at Hamilton, too. It'll give him a a corridor to work in, you know, because it's at an angle, so it's a little awkward. Mhm. >> Cool. Thank you.
>> Thanks. Right. >> I'll make a motion to continue this hearing until November 12th. >> Second. >> Have a motion. Second to continue to
November 12th. Any other comments or questions from the board? And nothing's in chat. I don't see anything. >> Nothing in there. >> So go ahead and call a roll. Continue
until the 12. >> Iris I >> get two. Um Dave >> Kent I >> Bill >> Duffy I
>> Robins is an I so unanimous to continue to the 12th so we for the purpose of the being able to say all right >> thank you Tom thank you Mr. Mclofflin. >> Thank you.
>> Thank you very much. >> All right. Next up is vote order of conditions. >> We have William Brandon, 142 Pinerest Beach Drive, East Farmer. Alyssa, just >> Yes, thank you. Um,
Pinerest Beach. This is to make out on some existing violations on the property. Um part of the unpermitted gravel walkway is to remain with the appropriate mitigation which has been shown on the plan. Um the remainder of
the unpermitted gravel driveway uh is to be removed and has been almost all removed at this point. Um and a voluntary planting area is proposed in that area. Um the homeowners are also adding a shed with mitigation. So, um,
per the conversation the last time we did allow the applicant to begin planting as the season is quickly closing. >> Anything else? Any comments, guys? Pretty good with uh 142
that's discussed. I get a motion. >> All right. Make an order issue an order of conditions as extensively is discussed. Driscoll >> third. Second. >> Thank you Ron Court. Any other comments or questions here? An
call rule issue. Bird eye. >> Steve >> Patton I >> Ronnie >> I >> Dave >> I >> and Bill
>> Duffy I >> and Robins is an I. Unanimous. The order of conditions have been issued for 142 Pine Beach Drive. Uh vote amended order of conditions. Uh, Sue Moran, trustee
Charles E. Moran, qualif personal residence trust 402 on Wild Harbor Road. >> Yes. Uh, this AOC was brought to you per the staff's request as we found unmitted
cutting again on the property. Um, per our last conversation, they have begun acquiring and starting to install the plant material. Um, we are awaiting an updated site plan from Falmouth Engineering to fully capture
the unpermitted cutting area that will be restored. I did meet with Mike Porcelli and he has a clear understanding of it. Just a matter of getting the crew out there. Um, and the already planted area did have some species in there that were not approved by this commission. So, those
are going to be replaced. and they are also good to go at this point with the exception of a revised plan. >> All right, discussion. >> Move to issue an order of conditions as discussed. >> Driscoll second
>> or lack thereof. Um, we have a motion by Courtney and second by Ron to uh issue order. Any other comments? >> Okay, >> I'm going to call a roll. Um, Courtney
>> I Ron I'm Steve and I. Ron >> Driscoll I >> Bman I >> Dave >> Kent I >> Bill >> Duffy I
>> Robins is an I that's unanimous on issuing order condition for 402 Wild Haba road. Okay. Anything else from the commission? Any comments or questions? You guys good for the evening? I'll make
a motion to adjurnn. >> Duffy second. >> Bird. I >> Duffy. I >> Alyssa, did you have something? >> Alyssa I. >> Good night.