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good evening and welcome to the March 5th meeting of the fouth Conservation Commission this meeting is being held virtually via Zoom video conference and has also being broadcast by fct TV on cable channnel 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 have a full complement of Commissioners tonight thank you all for your dedication and just a reminder um I'll
call on each of you for commenting so we're not tripping over each other and that the vote's done by roll call so when I call your name please state your name and you vote for the record even if you've made the motion or the second to our public attendees at any time during
this meeting you may enter any comments or questions via the chat function at the appropriate time 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 3 minutes each 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 fou Wetlands bylaw apply to their proposed project a negative determination is that the provisions of the act and or the bylaw
do not apply they for the project May proceed as proposed a positive determination means the provisions of the act and all 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 actually want to hear us say something negative First up tonight is other business hey we haven't had any business yet we're already on other business
we're pretty huh all right vote to support a conservation restriction at zero drift road to be owned by Salt Pond bird sanctuary's Inc to be held by the compact of Cape Cod conservation trusts
Inc so Jen yes Mr chairman I have promoted cat grafal Graal from the compact to present the CR to the board excellent okay you're up ma'am much for having me tonight um it's
pleasure to come before the Falmouth Conservation Commission I'm here presenting a conservation restriction um on behalf of both the Salt Pond areas bird sanctuaries as well as the compact for Cape Cod conservation trusts the
salt Pon area's bird sanctuaries had received the donation of a 1.08 acre piece of land along sipa whisset Beach that backs up to CIS at Marsh this property it's a real gem I had the opportunity to go out and do a baseline
report on the the parcel and it's truly exceptional you can go all the way from the title flat you know the Dune is right there and on the back end is just an absolute beautiful Marsh this property is obviously part of the greater sipa
whisset Marsh um protected area there's about 140 AC as you're probably well aware and salt Pon area bird sanctuaries has a variety of different land Holdings in this space so right now we have worked through all the um fine details
with the state of Massachusetts on that conservation restriction and we've been approved to get local signatures but I wanted to gain the support of the Falmouth Conservation Commission before I go to the select board to get their
signature we appreciate that all right anything else at this point I didn't want to cut you off Jen um no Mr chairman there are beautiful piece Parcels out that way I think this would be a great addition to
Salt Bond's Holdings out there and I recommend the board support um um I recommend the board um support this request and allow me to sign a letter of support on your
behalf because so this property is going to be owned by Salt Pond bird sanctuaries and the conservation restriction is going to be held by the compact yes that's correct actually the um Sal Pon areas bird sanctuaries currently own the property the the deed
is being conveyed or has been conveyed I I want to say in the last couple of days and now the last step is for this concer cons a restriction to be placed on the property held by the compact because we were able to work with the landowner through a conservation tax credit
program through the state of Massachusetts and through that requires a conservation restriction thank you so what you're asking us to vote Jen is a uh to endorse this okay yes before the board before
the select board got it okay I'll make make a motion to support it second O'Brien all right I'm going to ask again anyway questions or
comments all right we're voting to support this restriction Betsy or not left ey Courtney Matthews I Kevin O'Brien I Ron
trisco I Russ Robin ey Steve p i it is unanimous thank you very much I really appreciate the time and I just I couldn't say nicer things about Jen working with us through this process so I hope you have a great rest of the meeting and I really appreciate your
time thank you thank you [Music] C all right next up is a request for determination of applicability first up town of Falmouth engineer enging Department care of Jim mlin old do
road road map and parcel ID is 24 a-11 d5- z00 West fouth Mass for permission to install a bituminous concrete sidewalk with a grass strip and granite curbing
Alissa staff recommends a neg3 under the state and a negative -2 under the bylaw resource boundaries are not confirmed heard so move fiscal second all right we have a motion and a second to accept staff's recommendation questions or
comments we're voting Betsy BL felter ey Courtney bird ey Matthews Z Kevin O'Brien I Ron Risco ey Russ Robins ey Steve and I is unanimous we have
accepted staff's recommendation next up Susan and Brian Conner 152 second uset Road fouth mass for permission to conduct invasive species management conduct Edwood pruning and for after the fact approval
of a gravel driveway and a stone wall Alyssa staff recommends a positive three under the state and a positive four under the bylaw resource area boundaries are not confirmed and I can elaborate please please uh so this proposal before you is something that staff has been
working with the applicant on um um for perhaps a little over a year now um the primary reason that it's brought before you um staff is content with the amount of invasive species work it's really just taking Vines out of trees which you allow under rdas routinely um
taking a little bit of dead wood out um the real uh aspect of this project we are in need of the commission to make a determination on is the unpermitted gravel driveway and stone wall that has been constructed on the property um so I'm going to explain a little bit about
that but ultimately we would hope that the commission would um hear a statement from the applicant and then continue the hearing in order to go view the gravel driveway and wall itself um it's currently located in the zone B buffer to a Coastal Bank but it was a fully
vegetated area um and it's only part of the driveway in there um staff had initially received a complaint that there was work going on in the property and the um it was thought that they were in jurisdiction they did produce a plan for us a landscape plan which was based on an engineering plan showing they were out
of jurisdiction um unfortunately it was not conveyed that that plan was outdated and reflected the previous flood zones prior to them being changed in 2014 so the Coastal Bank dation is actually incorrect the work turned out to be in
jurisdiction um because it is in a formally fully vegetated area we weren't sure what the commission would like to do with that if it's something that can be approved something that you would like to see restored or some kind of in
between um planting uh plan um so we told the applicant to please file this RDA just so they can gain an audience with you and you guys can take a look at it um so I believe Mr crin is here Jen from the yes
yep Mr chairman with your permission I'm going to promote Brett gmans for from Zen Associates okay thank you hey good evening everyone good evening um I'd also like
to invite Peter white uh Zen's principal uh he should be listed somewhere in there oh I got him promoting Mr Peter white as well you to see and hear uh can you hear me now
yes okay great thank you uh uh thanks everybody um Jennifer thanks for introducing us and letting us speak so I'm the principal landscape architect at Zen Associates working with the client at 152 uh sakin set
Road a little over a year ago we uh were asked to um uh work with the client to clean up some invasives um on the side of the property that's uh we can bring up a plan if you'd like and I I would love to show
you the the scope of the work and the area that it happens um Jennifer is that something that you have the plan or Brett able to pull up the drawing we do not have the plan to share yeah our plan we do not have we wer
prepared to share that so Mr cromin if you have that yes I do give me one second here okay um so while Brett is bringing that up um the client at one point asked us
about uh being able to um introduce a gravel or pstone area at the top of the road where they could um have Gatherings and it's been described as a gravel driveway which um the client honestly
will park there when the kids they have six kids when the kids come home for uh an event but otherwise there's no there there's no intention for there to be weekend parking or parking really at all except one or two times a year if there's a big family that can't park in
the driveway let's go um the plan that you see in front of you the L3 there's an area in blue which shows gravel and um Brett are you controlling the screen and can go to uh page
L1 there's some photographs showing the the area that where there's a pstone gravel now so the top photo in the uh left top Corner that's the area that's the area
that uh is there a no there's some sort of noise there yeah I think somebody's uh microphone is on that's the area where gravel is to in the in that top photo to the right is where the stone wall was built Brett can
you go to the next page too um so this area where you see the gravel uh except for about 15 feet of that gravel that's deepest into the property is all outside of the buffer
zone so that Cobblestone which is at the edge of the driveway and and uh most of that gravel is outside the buffer zone um okay and Brett can you show the the plan
so in this plan you can see the gravel and then there is a stone wall that's in the bright orange at the bottom of the beige gravel driveway label the blue area is outside of the um buffer zone
the gray area or beige area is 600 square F feet of pstone that area there was no the the only vegetation that existed there was just pine needles on the ground there were no trees or shrubs removed D the
pathway to the right there were some um roded Ender kabany that was removed they were actually just transplanted and they're still planted in that buffer zone the plan that we had that we were given by the client we made a mistake
our our firm did not go back we took for granted that this plan reflected the uh buffer zone boundaries the 150 foot setbacks and that was a mistake we made we thought it was uh relevant because this
was uh part of how they got a septic system installed we use that plan as our plan for the landscaping and kept everything out of the buffer zone on the drawing um and uh when the um I I can't
remember was Jennifer who called us but one of the agents called us yeah while we were in construction and specifically asked about that I assured her we were out of it and I was
wrong uh we went back when we found out we were wrong we went back and got a new survey and Brett can you show the the next page the new survey or the go back to L3 and what we learned is that the 100ft
buffer had moved back about 12 or 15 ft closer to the road so the buffer was at the stone wall and is now today um further back uh we've done up we did quite a bit of uh planting in there all Native
species we uh I think we don't have a plant list here but we are um we'd love to share that with the committee at the next hearing or for desk approval or review but we're in front of you to um
um find out what the next step is and the client would they use this area because they have so much kid or they want to use it they really haven't used it very much but they want to use it for just overlow play Space because they have very little yard area they they do
want to park the car there if they've got to be restricted to park the car in the Blue Area they will do that but I just want to um point out that the parking is not weekend it's not weekday parking it's very um it would be very
rare to find a car there and uh the other uh part of this application is for the uh Brett can you go to the plan that talks about the areas we want to do some uh clearing of Deadwood and um invasive removal the
area in blue is where we want to do some Dead uh Deadwood pruning and removal of some debris that's in there there's some mostly uh some sticks and branches but there's uh there's also invasives the green circle is a big oak
tree that has a couple of long branches that lean over the pool the client feels very unsafe about it it casts shade on it and it's it is directly over where the swimmers are and there's a a deck area so they'd like to remove a couple branches on that but not take the tree
down at all and the area in yellow is uh there's a lot of invasive in there a lot of bitter Suite that's CL climbed up um a bunch of the pine trees they'd like to take those down and take it out and I think that's it for the uh application thank
you br do you have anything to add it this point BR I'm sorry no I'm I'm sorry I'm also that Peter explained it okay Jen this is a law for an RDA
what was that Mr chairman lot for 98 it was a lot um like Mr White said you know we had gotten a complaint we called um there was no staking um on the property so we were a little concerned
about that again a mistake was made we're moving on um but we do want the board to go out and see the disturbance in your buffer zone and make a determination if you'd let this project be allowed to to move forward under an RDA uh as Alyssa said a lot of the work
is just removing invasive Vines um Mr White Mr kremin there was a uh kind of a note about a Vista prune on the the recent submitt that was not on the submitt when we met out there with one
of your Associates um so we were a little kind of yeah we were just like there is a beautiful view so we definitely would not um recommend the Vista at this point until all the invasives are removed
because we do feel that'll open that up quite a bit and a Vista will not be necessary um so at this point Mr chairman like any time we submit uh or recommend a positive we'd like to continue this for a week allow the board
to go out there review the site for yourselves as you don't usually go out to rdas and then uh make a determination we'll send you as always we'll send you all of the we'll send you the application packet all of the plans and all the information that Zen
Associates has provided to the staff all right Courtney um I mean i' I've seen enough out of this presentation and I think the scope of work as such that it requires a notice I don't think we need to I think
that's bottom line so you know it's not that it's not approvable but I think a notice of intent is an appropriate way to go given the scope will work that's my two cents okay so Jen if this were allowed in the B Zone it would require some
mitigation so that it would become a notice correct um well it would require uh a bit of mitigation for the clearing and the wall um The Zone a is not fully vegetated so yes it may require additional information um mitigation
excuse me okay I'd like to make a motion to support staff's recommendation of a positive determination I'm sorry who who second I heard her thank you all right so the motion of the second on the table is to accept up
staff's recommendation of a positive three positive four questions or comments we're voting on the motion Betsy GL filter ey Courtney bird ey Matthews ey cin O'Brien I Ron chisco I
Ross Robins I Steve I it is unanimous we have accepted staff's recommendation Mr White you're going to have want to have a conversation with staff see what your next steps are okay we'll BR touch with Zone
Associates tomorrow can I ask a quick question yes um just so we can best advise the applicants here is this a positive because you'd like to see a notice of intent because the scope of work was too big yes that's correct
that's correct thank you yeah so it's not necessarily that it's not approvable it's just it's it's clearly more than an RDA because of the the unpermitted clearing yeah okay all right next up Roger
Brooks oops I cut someone off no I'm just gonna move everybody back into the [Music] chat um oh wait I can't do it that way give me one second Mr chairman there goes Mr
White [Music] and oh where is it hang on one second Mr chairman I'm sorry I'm not seeing what I need to
see change all to attendee there I go okay uh Mr kremens is going back into attendees and we can move on thank you yep next up Roger Brooks 102a Grand Avenue found with mass for permission to remove and replace an
existing roof install two Dormers and remove and replace all siding and trim staff recommends a negative -200 the state and bylaw resource are boundaries are not confirmed and this project solely takes place an AE
flood bird so move risc second all right why is this even in front of us if it's for roof it's primarily because of the the Dormer construction um the application just included the other things too got
it thank you all right we have a motion in a second to accept staff's recommendation questions or comments we're voting Betsy what fter ey Courtney bird ey Matthews I Kevin O'Brien I Ron
rco ey Russ Robin ey Steve m i it is unanimous we have accepted staff's recommendation next up Peter Richards trustee Susan G Richards trust 31 Little Harbor Road with old mass for permission
to pump dry fill and abandon or remove failed cesspools and to install a new title 5 sewage Disposal system Alissa St recommends a negative -2 under the state and bylaw resour boundaries are not confirmed and this project solely takes place in an AE flood
zone so move Risco second right we have a motion and a second to accept staff's recommendation questions or comments we're voting Betsy BL P ey Courtney bird ey Matthews
I Kevin O'Brien I run RIS ey Russ Robins ey Steve and I it is unanimous we have accepted staff's recommendation thank you Alysa thank you
Fallon next up are request for a hearing under notice of intent all hearings of the Falmouth conservation commissioner held simultaneously under the authorities of the Massachusetts Wetlands protection act and the fouth wetlands bylaw although a single
decision of the commission is issued it represents a separate decision under each Authority as a reminder for public commenting will be 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 Palou
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 Jen yes Mr chairman I have all right I have read
it yet sorry first up Richard Siti 64 Edgewater Drive East East fouth mass for permission to construct an addition and install mitigation plantings Jen yes Mr chairman I have promoted George Collins of
Collins engineering up to present his project good evening George how are you good evening would you call up Sir all right thank you uh if I could share my screen yes sir can everybody see that see the
screen yes sir uh good evening uh my name is George Collins I'm a registered professional engineer from cins Civil Engineering Group out of West Bridgewater representing uh Richard and Paula CTI at
64 Edgewater Drive East for the construction of a 4x6 Edition on the front of the property on the front of the existing home um I'm going to zoom in a little bit here
um uh this project has been issued D file number 255-5520 zoom out again um this property is located on the uh Southeast side of Edgewater Drive East um and to the east
of the property is uh the child's River [Music] um the um we have uh the edge of salt marsh delineated uh shown on the plan that was
added uh today per um comments from staff and also the associated uh Zone a limit which is uh located right here it's just a a um a dash uh black line we also have um the
mean high water um shown on the plan as well as the uh Coastal Bank um so we are um so again so we're proposing a 4 foot
by 16 foot addition in the front of the in in the front of the house um again uh based on staff comments I uh corrected some um the mitigation plantings apparently the density of your plant the planting requirements went
from three feet on Center to um four feet on Center so that reduced the number of shrubs down to 13 I think we had 22 proposed originally uh so we have a mitigation area located um in in this
location here with the um providing the 3 to one mitigation area and again resulting with 13 shrubs in that area um again based off a staff comments I added a dryw in this location
there there is an existing dryw system um right along here there's a there's a downspout that runs into a dry well um one thing that we would like to leave open as an option would be just to tie this down spout in this corner into um
this this drywall um so whether we just I would just like to leave that open as an option rather than installing um a full dryw well this dryw well here is it's it is near a gas line and um just kind of
tight in this area so um you know if the commission felt it was appropriate we may just tie into the existing an existing dryw uh that's uh hard piped into the ground U for this corner of the
uh house um I do have um a straw waddle proposed as a work limit right in this location I also have um a composting silt sock that goes around the perimeter of the mitigation
area um again just to keep everything contained and then once everything um once everything gets uh stabilized the the presumably the uh composting silt saw can be left in place um I'd be more
than happy to answer any questions that the commission may have at this time thank you sir you can stop sharing for the moment please thank you Jen George do you know the capacity of
the existing drywell and if could handle all of the roof R off I do not it's okay so again I don't think we can leave it as an option to tie in until we know
the capacity of what exists okay I don't think there's any good records for that so I it probably be the clean if that being the case the cleanest thing to do would probably be to put in put in the a dryw um you know if not in that exact location
put in a dryw someplace on the property I'm just a little concerned about the proximity of the gas line in that location no understand I mean it doesn't necessarily have to go right there as long as you can just get that storm water to run off into some sort of drywall even if you open up the existing
one and see if it has capacity that's fine yeah um I just don't want to say yeah great go and tie it to the existing one when we really just don't know um but you know we've been on the the commission's been on the site you've been on the site uh Mr seti has that thing
obviously the runoff from the roof is is is an issue up there he's directing it somewhere else away from his his house so it just probably be the best thing to do absolutely yep okay thank you that's
all I have Mr chairman all right Alissa uh just one comment um thank you for adding the salt marsh buffer to the plan um I wonder if you could make it a little bit Bolder on the plan since it's now more restrictive than the Coastal
Bank Zone a we don't need that line anymore so just to make it like really clear for the homeowners that the Zone a is pretty much identical to the Zone B on the property just for a future reference um but other than that uh thank you for addressing the comments
sure I will uh generate I I'll make that modification which will probably have a revision date for tomorrow and then we'll send you uh digital and uh double signed and stamped hard copies okay thank you George thank you appreciate it just one is fine for the
file okay great all right commissioner comments or questions Betsy no comments or questions thanks Courtney um on the drywells are there other dry Wells that are containing rof
front off elsewhere yes there the the uh the the downspouts closest to the water to the two house Corners closest to the water go into dry Wells yeah I believe the the
two front there isn't a down spout at that uh the front left corner as you face it from the house but there is a down spout in the front right corner as you face it from the street that just dumps on the
ground surface which is the one uh that was mentioned in the uh staff report yeah where I'm going with this you might want to U I understand your concern about the gas main uh but if
he's having problem containing roof ront off it then suggests that you know the whole design of of his roof runoff drain system may be underd designed and you may need to do more with it and my suggestion would
be uh to um uh replace the drywall you're talking about with a one with larger capacity and that might um take care of your problem so I mean you know currently again current currently the the two down spouts in the back of the
property go into uh functioning dryw Wells um it's just a matter of how we going to manage the one down spout the existing down spout in the front right um so I I I think that was the
only that's the only spot that we're um we have a concern with so I do I think the down spouts in the back or uh like I said they go into drywell systems that are functioning uh without any problems to the best of our knowledge so it would be again just trying to manage the um
yeah so one one option is you put a bigger dryw in on the far Corner away from the gas line and then the leave the down on the corner where the gas line is instead of running it bring it bring a down spout and put a 4in conduit on the
ground that goes into the back uh dryw so you you've got two downspouts going into that larger capacity down and that might solve your problem yeah okay yeah and then uh I I am I am going to check it the applicant did mention that he may
have some information on the size of those dry Wells um and you know between you know Jen and myself we hopefully we can um typically all of those things got a finite life on them anyway because they up of leaves and stuff yeah so the
bigger capacity you have the further ahead of the game you are other than that I have no questions I think you've got a nice project okay thank you all right Kevin no further questions thank you okay Ron I'm all said thanks
okay Russ I'm good Mr chairman thank you Steve considering the projects been going up on Edgewater Drive East I'm very happy to see this monest proposal and happy to support it excellent Jenna 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 this we have a motion in a second to close the hearing last call questions or
comments we're voting to close the hearing Betsy BL filter ey Courtney bird I Matthews I Kevin O'Brien I Ron riscal I Russ Robins I Steve Pon I it is
unanimous we have closed this hearing thank you George thank you for your time have a good night night George thank you all right next up Nathan Pier 196 matx at Road East fouth mass for permission
to raise ra a Ze an existing single family dwelling and deck construct a new single family dwelling on open pilings relocate and out building and install mitigation plantings
Jen yes Mr chairman I promoted Mike belli from f engineering to present his project good evening Mike I see your client is in the attendees am I promoting him up as well or as needed NOP he doesn't need to be promoted he's
just here to watch and if there are questions he could be that's what I kind of figure to okay thanks thank you and thank you Mr chairman members of the commission for the record Mike belli fouth engineering and I represent the applicant Nathan
Pier um you may recall this property uh it's at number 196 mxic Road um in the not too distant past you issued a favorable order of conditions that allowed for the uh AR raise and
reconstruction of the existing house um with your permission Mr chairman I'd like to share my screen yes sir um I'm sharing with you the existing conditions uh plan that also has the uh impervious surface Cal area shaded this
is this property received that order of conditions not too long ago and it allowed for uh partial uh U modification and removal of a section of the house um and then a renovation of the existing house that
required uh a lot of work a lot of manipulation um but the end result was it was going to be a fully restored renovated house um subsequent to getting the order of conditions and starting to embark on the
construction drawings for that original project it become became very clear that it was not logical or coste effective to try to renovate the house and that was for two reasons um hers
rating for um proper insulation and um a efficiencies for heating Etc made it so that there would be significant costs associated with trying to renovate the house and it
would is virtually impossible to meet the hers ratings in addition the higher wind um building code regulations structurally made it difficult so for that reason it was effectively
going to become a reconstruction of a house almost completely and it just didn't make sense so um the alternative plan unfortunately was to uh raise and reconstruct the house it's a shame
because some of these old houses just can't meet the new codes um and it's just means they they have to be rebuilt so what I have here before you is the existing conditions and I'll just refresh your memory we have a narrow
band of salt marsh a slope up a non-eroding Coastal Bank the top of which is here um there's land sub to Coastal storm Flowage there's a boundary of an AE I'm sorry a ve um 13 that meanders
through the house um and on the other side of that is a non um a non Hazard Zone but the the velocity Zone tracks through the house um I have also shown the fouth 25t
um velocity Zone this is also by the way in the new limited moderate wave activity Zone and it tracks right along the same line as the velocity Zone does so this just shows you existing
conditions now the proposed uh conditions for the new project I I'm sharing that plan with you now and you will see also in the background in red the existing house superimposed for reference we'll zoom in on that a little
bit so the um the new house has been shifted back even further back than the original house was if you remember we had a couple of hearings where we were trying
to manage the view down river um against the risks of uh you know storm damage and um impacts caused by the uh possible future erosion of the bank the plan you approved is slightly closer to the top
of the bank this new project has been shifted further back from the Coastal Bank um I I have on this plan as well just for your reference the mitigation calculations um tabulated comparing and
contrasting the um existing conditions to proposed and the net result was an a requirement for 543 square feet of mitigation and we've round that up to 550 square feet we're
also proposing uh to relocate um some trees and to add some trees there's some cedar that are in close proximity to the house shifting back they'll be a little too close so we're proposing to shift them
Spade them out and shift them over here uh the mitigation the 550 square feet is between the new house and the uh Wetland resources it's been laid out to be no closer than 10 feet to the new
house um we're we're still uh requesting to be able to trim and prune some of the branches down here on these pine trees if you recall there was a a dialogue and a consensus with your
staff that we could work with them and do some pruning to try to maintain the view down here uh even more importantly now that this house is Shifting back a little bit further um dry Wells are proposed there's a
limit of work U the staff comments were fairly limited um the the the only one I think of significance that I would like to speak to is uh relative to one tree if you can see where I'm circling
there's a 16inch oak tree um it's in close proximity to the existing house there was some discussion about um whether or not that could be um saved on the last hearing because the
configuration of the house was going to be more more straight like this um but Mr pieri really wants to try to preserve that 16inch oak tree so the new house was designed with this angle to
rotate this part of the house back kind of clockwise to get it further from the oak tree we'd like to try to keep it we don't want to cut it uh we might want to prune some of the branches U we're hoping we can wear with
staff and during construction if it becomes necessary to cut it um we would certainly mitigate for that but we would really like to try to save it there were no
other significant comments in the staff report and I think that's all I have and I'm happy to take questions thanks Mike Chen yes um couple of things Mike
um we will work with you on pruning those white pines but that view wase was from the deck and the deck didn't move back just the house you kept the deck off 10t off that b correct the deck's in the same general position might have
moved back slightly it's moved back slightly but we didn't change the pruning no no you just said you said the the whole thing moved back and I just wanted the board because I mean I think the the the the view is from that that end of the deck not necessarily from
like the interior of the house so we'll still keep that because you still have the deck in the same almost identical position so we'll we can work with you on that okay um I don't know how you're going to save that
Oak I me be happy to work with you if we can try to save it um and pruning it it is awfully I don't know how much more you could prune on it but um you know we'll work with you on that one only gonna I'm sorry to interrupt but he's
gonna have an au come look at it maybe we can meet arst yeah um my only question Mike is is again the driveway I had the same question I think on the last hearing if you bring your plan up again and I mean I I don't know if there's any
plan to reconfigure the driveway that's outside of jurisdiction um but you you have this area where you're just proposed to be removed so you you have this area where you're coming up almost along the top of that to where you have the stepping
stepping stones and then and then how you going to get out you're going to back out of there because then you're gonna propose to remove that other section yeah well this is going to be if you can see where I'm circling this is going to be grass grassy so the idea is
um there's it there's a there's a new driveway that uh that leads to this garage it's out of jurisdiction and we didn't we didn't do an asil so you'd come down you'd either park at the garage and walk in or if you if you're coming and and just you know want to pull in front of the house this will be
grass too so it's like limited uh use but they wanted to have some crushed stone right at the house just to sort of uh you know make this make sure that this doesn't scour or erode yeah it just seems it just seems yeah not very
practical that's all I guess well this understand it just doesn't seem practical to remove that portion that you're proposing to remove it just I don't know it just seems odd to me all um that's all I have Mr chairman oh and then um um really
when you always have to say something as chairman um the the out Halls on the bank MH we can work with you on that we we we expect a condition yeah no out Halls on the back you can't be dragging the the
The Kayaks down the bank or something like that so Mr Pier was just trying to uh he thought he was having less impact but he understands now we talked about it and we certainly accept a condition about that so those will have to be removed
all right that's all now I'm done I don't believe you Alissa thank you um I think our one other comment and mik forgive me if you've already mentioned it just the limit of work kind of in the area of where those white pines are it over tops
the top of the bank and it there is a lot of room there can we shift it landward of the top of the bank yes I meant comment on that there's a couple places where we we followed like what we thought was The Logical place that was altered but we can shift it so it tracks
right at the top of the Coastal Bank perfect thanks so much that's all all right commissioner comments or questions Courtney uh no questions okay um Mike I'm only gonna say one thing
about that 16inch Oak I mean it's really just going to depend on how who moves that piece of the building right I me if that's only on piles that's probably going to be an easy move so you know you're not doing any excavation that close to it so correct you know it it's
uh it would be a shame to to lose it but that should be a you know um maybe not easy but not very complicated depending how that piece is constructed I did fail to mention to you just reminded me that don't forget this is a velocity zone so
it's a pile supported structure open underneath um and it's Pro it's not your classic velocity own house with a full story above it it might have a varying height of if you try to crawl under there it's going to vary in height off the ground about four or five feet but
there's no like fullon EXC perimeter uh foundation and footing excavation right okay so you're only complication is pulling that piece out that cage or whatever you call the studio yes okay
Kevin no questions Mr chairman all right Ron yeah my question was about the pilings so but J I thought I didn't know how how it was going up I couldn't read the plan correctly it looked like it was two feet and it didn't make any sense but uh now it makes a little more sense thanks Mike
sure I'm good Mr chairman Steve all set Mr chairman all right Psy I'm all set too thanks all right Jen is there anything in the public chat function please nothing in the public chat Mr
chairman and I'll make a motion to close this hearing and take it under advisement for second all right we have a motion in a second to close the hearing last call questions or comments all right we're voting to close
the hearing Betsy felter I Courtney bird ey Matthews I Kevin O'Brien I Ron bisc ey Russ Robins ey and Steve at n it is
unanimous we have closed this hearing thank you Mr belli thank you all right next up continued request for hearing under notice of intent first up Katherine M Truman 78 Benjamin n Lane
North Palou mass for permission to install Stone patios walkways and mitigation plantings and to conduct invasive species management Jen yes Mr chairman Mike uh Bell is still with us and I've also promoted
Lindsay Cook um from Patera eological to present their project all right and for the record before you start Mike um is not on this quarum all right Mr Bell you're up sir
thank you again Mr chairman members of the commission for the record Mike Boselli fouth engineering I represent the applicant along with Lindsay Cook Lindsay was the chief designer on this project um we had our initial hearing we went through the plans there was some
comments from staff that um the comments combined with the fact we had not yet heard from natural heritage about the um Misa application um required us to continue
the hearing uh so we continue the hearing Lindsay I believe worked with staff to work out some details and make some edits to her plan which I will share with you in a minute and then she'll describe it um and we have got
received the letter from Misa that says there there is no take and that was also provided to the conservation commission staff so with that I'll share my screen and turn it over to Lindsay you Lindsay hi Mr chairman lindsy cook
from parer eological so we made some changes to this after the last um hearing we added some witch hazel in one blank area we also changed the species we had witch hazel
originally for the mitigation trees and we changed that to a red bud and another white fringe tree we contacted the um the born landfill to make sure that they were
willing and ready to take the Japanese knotweed canes that we will be producing as part of our work on this site and I think that we have addressed everything for this plan all right thank you Mike if you
would stop sharing then thanks K uh yes Mr chairman Lindsay I think the only thing um we would like to see from your plan is a few more um shrubs it was a little sparse I know that we had
conversation about you wanted to go in and get the invasives removed first before determining exactly how many shrubs were um being proposed so um we can either condition that and work with you after
you get the um invasives out um or you can propose additional shrubs um on the plan and that's all I have Mr chairman all right Al nothing to add thank you all right commissioner
comments Russ we're going to start with you I'm good Mr chairman all right Steve thanks I always like it when there's the cooperation and everybody seems to understand and we move forward did we get the required
permit yes yeah did what and they accepted borne as the disposal site as well so that's good thing okay all right Betsy no comments thanks Courtney no
comments Kevin no comments Mr chairman thank you J is anything in the public chat function please nothing in the public chat function Mr chairman and I guess we will uh condition that we'll we'll work with
Lindsay after the invasives have removed to determine whether staff feels uh additional shs are required we can condition that seems reasonable all right I'll make a motion to close the hearing and take it under
advisement third second all right we have a motion in a second to close the hearing last call questions or comments we're voting to close the hearing Betsy filter I Courtney bird ey
Matthews I Kevin O'Brien I uh no sorry not Ron Ross Robin I Steve that I is unanimous with this quum we have closed this hearing thank you Mike thank
you L thank you very much thank you very much have a good evening you as well thank you good night good night all right next up I'm sorry if I get this wrong Nicholas hronis 10
Central Avenue found with mask for permission to remove a patio construct an addition install a fence and install plantings and this hasn't been previously opened so the Quorum is all of us yes Mr
chairman I am promoting Jimmy renal and Matthew marrow to present their project and I don't seem to have the plan in front of me and forgive me
oh I have the plan no forgive me for the life of me um I don't know the name of the engineering firm Alyssa sorry Mr yeah it's okay I couldn't gra I'm
like looking for oh the one I didn't bring from Jamie rooll from Haley Ward Haley word that's it thank you sir yep no problem at all all right Jamie you're up
sir ah um if somebody could walk me through how to share my screen like commission to put this the plan on okay so if you go to the bottom of your screen sir you should see if you put your cursor toward yep underneath all of us it's should say share there we go
perfect fantastic little Rusty but here we go so good good evening everybody thank you very much for your patience in allowing us to get to this point with this project for the record my name is Jamie row of Haley Ward my client this evening is the PO cronis family also
with me this evening I'm not sure Jennifer if you promoted Matt marrow a professional Wetland scientist of marrow Consulting the project is located at 10 Central LA and the project was issued a file number of 25-
530 Paul cronis purchased the property in 2019 and the lot consists of approximately 2,154 fet and was created by the approval of the planning board in 1984 the project consists of 18 by 22
proposed addition to the rear of the existing house being approximately 396 Square ft an existing shed 10 by 12 being approximately 120 square ft an existing Stone driveway being approximately
1,117 square feet and a proposed fence extension on the property itself both the shed and the stone driveway already exist on the property and were installed by the
pronus family after the uh purchase in 2019 it was the request of the staff the concom staff after we filed the noi or preliminary discussions to include the shed in the Stone driveway in this application to permit it correctly the
proposed addition is partially located within the 200 out of reparan Zone the existing shed is also partially located within the 200 outer reparan zone and the existing Stone driveway is entirely
located within the 200 outo repair 200 foot outo repairing zone of particular interest the total land disturbance within the 200 outo repair 200t Auto reparan Zone is 1,379 square ft the total increase in
impervious area for this project is 1,278 square feet if the stone driveway is considered impervious if the stolen driveway is not considered impervious the total net increase of impervious area for this project is 161 Square ft
so I have a question for the commission um it can be answered now it could be answered after the presentation but my question is after speaking with the staff this afternoon um I was informed that uh the Conservation Commission considers Stone
driveways to be impervious is that is that uh your determination on other projects as well I think stal will get to that after okay sounds good thank you um as part of the project we are proposing
restoration uh plantings on the east side of the property along this side right here the extent of the plantings will be determined by the areas of disturbance in the reparan zone We Will We Will revise the
plan we will revise the plan uh to include the area calculations and work with concom staff on this task we're also happy to relocate the shed uh to be entirely located outside the reparan Zone if that is necessary and or helpful
to this project part of the restoration plan will be to identify the previously approved plantings on the old order of conditions for this project determine if they are still on site identify how many plantings are missing and then
incorporate the additional plantings to replace the missing plantings required by file number 25- 2718 again happy to work with staff on this task a revised plan will be submitted showing the Total Restoration
the plan will be based on the areas of disturbance and what was uh required under the previous file 25 2718 again happy to work with staff on that if you take a look at the plan on the screen the proposed addition is
where my cursor is uh d located directly behind the existing house in between the existing house and the uh existing septic system within the area of the proposed addition there is an existing
patio that will be removed as well as I stated earlier the plantings that we're proposing for restoration are along this area right here the existing shed I described in my my presentation is located here at the
cursor and the existing Stone driveway that I described earlier is located right here where my cursor is all the Wetland resource areas are located on the abing property in this prop this property over here to the East and the
only uh buffer zone so to speak um is the 200 foot outou of reparan Zone and that's where the project is located at this point I'm happy to answer any questions the Comm has thank you if you don't mind you can stop
sharing yep please Ken yes Mr chairman um first off the driveway Jamie I think the confusion lies in um the fact
that the stone driveway is considered degraded Riverfront area so we need that kind of square footage to determine that that on toone mitigation you need in the riverfront um usually we do impervious per perious that doesn't support
National vegetation and impervious calculations because this is a Riverfront area it's a a bit different but we do need that calculated to determine the impact to the riverfront area and then what kind of mitigation at the one:1 ratio in Riverfront is going
to be required and then see if you have enough room for it so after um myself even Alyssa spoke this afternoon we were looking at the plan and we think we might have identified an area outside of that that could be used for for parking I know they improved
that it was grass and then it was dirt and because of the lack of top soil that's what's triggering that that calculation because it's the disturbance to the riverfront sure sure sure okay um I think the shed does need to be removed
out side of that riverfront unless you again you want to um do a one to one we don't think you have the room for that because it's such a small portion of the property um but we'd be happy to to work with you
on that one as well um and then we really do need to determine um the old mitigation whether it's still on site or not because that'll have to go back on and again that'll reduce the room you have to mitigate for that riverfront disturbance
yep happy toh prepare a plan overlaying the um yeah the old restoration put it on the new plan so that we can have a conversation yeah um and that's all I have um uh Halen ward has been you know
really responsive and and and with the staff so we appreciate that thank you excellent Alissa no comments at this time thank you all right commissioner comments or questions Steve
we going to start with you I don't have any questions it seemed logical that the shed would be moved that would make things move along thank you all right bety so we appreciate you working with
staff also but in what I hearing am I correct in that well we're going to propose is a continuance to figure out where the old I see Jen and Alyssa shaking their
heads Jamie I don't see you shaking your head yes I didn't want to interrupt you um I would I would absolutely um request continuance to allow us to do an overlay plan talk with staff about restoration uh where on the property we can fit it
that's acceptable to them and um then we'll be back before you with a uh plan that the staff and Haley Ward can support along with the client good and hopefully we'll support it as well yes
thanks all right Courtney I would assume the uh the plan would um include the relocation of the shed is that correct yes it would okay no I no other Pro no other questions I think
you you'll get it all worked out life will be good thank you small project with tight tolerances so you know Kevin oh no additional comments
thank you Mr CH all right Ron I can't shed any more comments on it I'm thank you yeah I'm good Mr chairman thank you all right Jen is there anything in the public chat function please nothing in the public chat
function Mr chairman thank you all right what do we have I heard uh R is that how you say it it's pronounced row r
w I'm trying to get it right all right so I heard a request for continu what do you have for a date Mr chairman um you guys are we don't meet on the 19th we'll need time to work with
um Halen Ward on the revisions and unfortunately negativity you are not going to want to have this continuance on the 26th um you're pretty pretty why did you already bury us and you're taking the week off
not giving me a chance tonight are you Mr chairman anytime f with us no yeah so it'll be like April 2nd would that work for you Mr Ro that'd be great thank you thank you sir at the request of the applicant I'll
make a motion to continue this till April 2nd all right we have a a motion in multiple seconds to continue this until April 2nd last call question or comments all right we're voting on the continuance Betsy black ey Courtney bir
ey Matthews I Kevin O'Brien I Ron b i Russ Robins I Steve mat and I it is unanimous we have continued this until April 2nd thank you Mr R thank you very much have a great
evening thank you thank you I'm trying not to bury you Mr chair yeah yeah yeah yeah heard it before all right next up beat up in J
night every Wednesday at [Laughter] 7 all right to amend an existing order of conditions first up town of fouth 170 hatchville Road and 30 hunky dory Farm Road fouth Mass request to amend the
order of conditions for Mass to EP number 25- 4902 to conduct work within the time of year restriction Jen yes Mr chairman I am promoting up Amy spangenberger from
interl to present the request and I hope I got the last name right hen you're up hi thanks um for the record my name is Annie spangenberger I'm an ecologist with interl and I'm here as representation
for the upper keset river restoration project which is located at 170 hatchville Road and 30 hunky dory Farm Road um our Quest is to amend amend the existing order of conditions to allow
for inwater work during the time of year restriction which was set forth by the Massachusetts division of marine fisheries and as of this afternoon we have received a formal response from the division of marine fisheries which will
allow for a one-time twoe incursion waiver from March 15th to March 3st with the conditions that a site visit is planned with the division of marine fisheries biologists to inspect the
project area in late March as well as a condition to employ or to deploy turbidity protections and bmps to reduce instream sediment and turbidity during the incursion and we are requesting uh
the staff support for this request to amend the order condition all right thank you Jen yes Mr chairman I spoke with Brad Chase of the division today he is um
first series biologist and he is supporting this incursion um but again only for that last two weeks he does have concerns about um any further into April we're going to be running up against the fish in the um and the eels so uh he is
supportive of this twoe incursion and that so we recommend it with the conditions set forth by the division y all right Alyssa nothing to add thank you
okay all right commissioner comments questions Betsy I have no questions no you're again I mean I can explain to people why what happened we've had two months of Frozen soil and it's hard to get trees with
root wads out out that's necessary for the stream construction and they're starting to be delivered and the goal is to get everything done everything done in the channel by March
31st excellent dmfs on board so that's good all right Courtney no questions Okay Kevin I can't help myself excuses excuses no questions Mr shair it's all
it's all on Annie's shoulders damn trees Ron no questions I'll set thank you Russ no questions or comments Steve I'm not allowed to comment on Town Projects
oh God long night 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 make a motion to close the hearing and take it under
advisement second all right we have a motion of a second to close the hearing last call any questions comments we're voting to close the hearing Betsy what ey Courtney where ey
Matthews I Kevin O'Brien I Ron jco I Ross Robins I Steve that M it is unanimous we have closed this hearing thank you Annie thank you for your time
thank you and Annie uh speak no cover that later under order of conditions okay I was going to say we just we will vote that for you okay thank you not a problem good night now everybody's gonna want
it next up Joseph G marzola truste Joseph G marzola revocable trust 2018 15 Moses Road fouth Mass request to amend the order of conditions for Mass to EP number 25-
4826 to permit the as built location of the deck stairs Jen yes Mr chairman I have promoted Tom Bunker up to present his Tom project and good evening
Tom good evening good evening um the record my name is Tom Bunker with BSS design we did the survey and prepared the plan for rebuilding a house uh in Silver Beach 15 Moses have which
is uh in a velocity Zone elevated above a velocity Zone um if I can share my screen I'll I'll show you some pictures as I talk yes sir there it is okay just to show you briefly this is
the uh the property here 15 Moses a on a corner of uh Moses Road rather and Ocean View have this this Lo house on this corner lot here um it's in a velocity
Zone as I mentioned and that's probably mainly what led to this trouble there was a I think it was probably a field decision to had to make a slight change to um the stairs you know there's a large
set of stairs coming down from the the the floor that's elevated here stairs coming down um and so this this is a picture of the proposed house plan of the proposed house I'll go to the you see the the stairs will propose the
bottom of the steps poos at 6.4 ft uh from the top of the Coastal Bank which is a mortared stone seaw wall of course there's a beach right here um I'll show you the existing conditions as this
before we did the work there was a house here at uh the existing house was 5.8 ft from the top of the Coastal Bank uh so we're proposing the house to be set6 ft further back the new house 6
feet further back from the existing house so from 5.8 to 6.4 is is what you have the 6.4 here here and the house is squared up to the lot so you see it's the the the patio
area and the distance between the Coastal Bank and the house uh it's narrowest at this point and it it extends out and also point that it's the the house is as planned and as
built is basically parallel with the Contours of the beach we'll get into that in a moment um so this is how it got built the red dash line is the existing house this point right here is 5.8
ft U this location and this corner which see the Orange Line uh was is where it was planned to be at 6.4 right
here uh but there whatever went on originally the number of steps was calculated incorrectly I think I had to add another step or so um it got longer this way and getting longer and and for building code
which I don't I'm not a building code expert uh the the stairs had to be made a little bit wider for the proper width so rather than 6.4 rather than 5.8 which is the closest the house was to begin with it ended up
at the bottom steps at 5.0 ft from the top of the Coastal Bank the top of the Coastal Bank is course have a picture if I can get to my photos in a second
um hold on one second there well this this this is the this is the steps here and there are a couple of uh
the five it was intended to end up here but ended up here this this here is 5T this was the 6.4 feet to this location it is at a you know the stairs
are at an angle I'll just show you this off to the right here the uh picture of the this is the seaw wall the top of the seaw wall is or the top rather the top of the Coastal Bank is the outer face that flagging there is the top of the
Coastal Bank the face of the Coastal Bank here on the outer so it's uh you can see the Spheres are separated from the Coastal Bank from the resource area um this was always intended to be
uh always approved to be uh this uh blue stone this Paving here uh with the uh this wall rebuilt with the blue stone cap on top um here here is the outside so you you
you see the you can somewhat see here where the bottom of the Coastal Bank and the uh the Contour of the beach the the Coastal Bank is why the the uh the the the stone work gets wider at the bottom here than it is here so it's it's um I
can I'll go back to the the uh drawing so it's so that that area widens out um the original house is a little bit of an angle so this is um Alissa
corrected me on my narrative um in in her staff report comments it say moving closer to G Source there by 08 feet and I had written 6 feet in my narrative I think it's correct it's it's 1.4 feet
closer than than approv but it's 8T closer this corner was 5.8 this this corner is 5.0 so it's it's 8/10 of a foot but roughly 10 Ines closer to this um seaw wall the uh the Coastal
Bank um but all of the others particularly the existing the old house was 48 ft from the mean high water line um this point of the bottom of the steps is 49 ft from the mean high water
line so this face including the the the this new house and the stairs is roughly is pretty parallel actually the the stairs are 1 foot farther from the high water line and a little farther from the
toe of the bank than the existing house was so it is this is a request to move closer um it's a structure but there's also a sea a this seaw wall at what was
previously existing so if that could be considered a structure this was approved to be all blue stone Paving in here um and so feel that this this incursion of the the
end of the stairs here is uh is not W wouldn't create any environmental um damage to the beach actually that that wall there keeps any rainwater on the property so that there's no water
running off down down the beach as down down the wall onto the beach as there was before otherwise um you know everything uh we actually came across this when we doing the survey for compliance and uh
Alysa I hadn't gotten you a plan with the areas uh but I just reread reread your narrative and I put the areas on the house here so these are the areas the enclosed areas in a velocity Zone there there are two spaces this are the
area to the um the framing the the outer side of the framing it does not include the there shingles on the outside of that framing I can there these these
items here um but to to the framing as as shown in the architectural plans um oops where' that go these are the areas so that's that's under 200 square fet of enclosure in the velocity
Zone um so with that I'll take any questions about this I will stop sharing thanks Tom J there there we go thank you Tom yes Mr chairman
um well I don't have incredible heart burn over8 feet uh as staff and to keep you consistent with your regulations I will say that this is moving closer to the present primary structure and I definitely do not recommend counting the
wall as the structure or you're going to have patios and decks right on top of seaw wall so do not count the seaw wall it is the present primary structure but again the staff does not have any heartburn over8
feet that's all Mr chairman Alissa uh just the other staff comment on the staff report Tom I noticed on the north side of the dwelling the gutters are just spitting out right onto um just
the little bit of property so I I'm concerned with the amount of rain water the water spilling over the seaw wall or into the street um so is there a method to put in some dry Wells or connect them to existing dry Wells prior to you know
compliance being requested all that yeah the uh got a a note from the homeowner that the we had the contract um the uh yeah the contractor attached I'd have to go look he said like where but he had the dryw go the uh down spout
goes into a dry well now okay thank you so much okay thank you commissioner comments Courtney um is this the primary um set of egress
for the house or it it's one of them they have two course one one in the front door one are internal and this this is the second means of egress and what's the width of the stairs say inside the the
handrail ah you know I'd have to that I didn't measure um I mean it looks to be about four to five feet the the stairs themselves are we had measured
as leaning over to measure on my computer I mean it looks the St to the outer edge outer point of the Treads it's it's like 5T 5.01 ft to the to the outside and
then about six inches of that is taken up with handrails so yes got about four to four and A2 ft of stair right right so but the code if I under unless they've changed the code I believe the
code is the minimum is three feet of clear clear is that correct y so I mean we we could a we could ask you to slim that up by a foot and then it would
need everybody's requirement and you'd still be within code I'm not sure I'm ready to do that I'm just pointing that out you know I can't argue with that on that because I I don't really I don't I
I certainly don't know the building code yeah no no but I mean if you'd made those stairs instead of being five and made them four all the way down you would have would not have gone over the over the thing and you still would have been in within code that's my
point um so if I was in a really bad mood I'd say you know they those should be taken down and build a Cod and you know fit in and they you could I'm I'm not ready to ask that yet I'm just pointing that out so it's not
Christmas you don't have any bags of coal huh you don't have any bags of coal for Christmas time yeah I'm uh I haven't decided whether I want to put on my kerin hat all right are you good other
questions all right so I'm just going to say I don't really I think it's fine but you know just because the STS are wider I mean the whole structures move closer to the Coastal Bank you know if you guys are okay with it I'm
okay with it but you know having to add extra run doesn't mean you have to add extra width the stairway so that argument does nothing for me the stairway is a lot wider than it needs to be it could have been narrower again it's not the end of the world to me I'm
just getting frustrated because we we keep getting these these requests because stairs are growing longer and wider and blah blah blah and you guys know how I feel about it I think stairs should have a good run so that they're they're safe this is a case where a
wider stairway is not necessarily make it a safer stairway um I just think think you know the whole building shifted so yeah that's my two cents if staff's okay with it I'll live with it Kevin
uh I guess guess I'd have to say I would uh go along with your comments Mr chairman no other comments thank you all right Ron no no comments on the stairs and thanks for adding the square footage on the uh the inside um storage and the
access it's under 200 ft so at least we did that all the comments thank you and I can live with the stairs as they are Ross the chairman I I agree with Courtney on it um from that one picture
you can almost see where they went over by it I don't know and it's just a guess probably about about 8 or 10 inches anyway um so it looks like it should have been square with a house instead it's extending Beyond so um I think that was a big problem from the beginning but
again I'm if uh staff doesn't have any ingestion over this I'm not going to get any ingestion over it either thank you Steve I also support the staff thank you
Betsy yeah I would I don't have a problem with this but I'd like to know who the Builder was and not hire him Tom yeah well I'm not going to hire him but Tom if you could go back
to this Builder I mean we've had this recently and other things there's an order of conditions and it references a plan and they're supposed to follow the plan
so I I'm just requesting Tom that you you must know who the Builder is I do remind remind the build and probably Jen knows who the Builder is that this is not you know this is not going to fly
again if the same Builder comes and does this that's all Jamie yeah Courtney something new yeah um I keep thinking back to a project we had in Woods Hole with set a stairs and
we moved at one foot we wouldn't allow it and now we're being okay with it that's the only thing that troubles me Jen the only reason the staff doesn't have heartburn is because you've been allowing these small tiny incursions
recently so again as staff it's moving closer than the present primary structure yeah but this incursion just to say is different than all the other incursions in that this isn't the run this is the width and it and it moves
everything closer so so it's not the same thing okay well I that's a build you're looking at it from a builder point of view and that's not how we looked at it but I understand what you're saying Jamie thank you I mean the point is he could build
build those stairs to meet code and because it he could shrink him down by a foot and it would meet code and satisfy our concerns and the more I think about it the more I think that's the appropriate thing I think we start setting
precedence with too many of these niblings away and this one's in the wrong direction Jen isn't the other Corner closer as well um let look slid closer Tom can you answer that I gotta find my
plan Tom you said it well the other quarter of the steps are it's it's wider at the top too but it's it's at the top of the steps I believe
it um what I'm asking you is in isn't didn't the whole building shift no no it's no it's the main main building structure is the same it's when they got to The Landing the the land Landing is wider
toward the water but at that point at the top of the landing it's not closer than the original house was but it's just because the the kind of the space between the house and the wall Narrows as it goes north the top of the landing
is not closer but the bottom of the landing is closer than the original house so the southwest corner of the house is not closer no no it got it happens on I mean not
not not to blow our own horn but I mean any surveyor you know you know we stake out the foundation and it foundations typically get in the right place it's like decks and stairs and things like that um sometimes go
astray all right Mr CL you have something like to add um good evening uh Mr chair members of the board it's been a long time since I've had to darken your doorway and I I but I'm happy to be here um I've been working with Tom and owner here um and one thing I wanted to
point out and I you know I I hesitate to even speak because I don't want to over complicate things um but I think that you know this can be allowed without derogating from the intent of the bylaw you know this is this is not a Coastal Bank the way that it's intended to be
protected that we need to worry about erosion and sediment control uh this is a man-made concrete uh embankment and uh you know we're not closer to the actual resource area so I think that you know they're
taken in totality with with that those considerations I think the board commission can allow this um without setting necessarily a precedent that that would be a problem moving forward thank
you all right thank you my my point if I could just add one more thing I didn't I didn't intend to call the the the wall a structure in the terms of the house being a structure but just that these these stairs are
closer you don't come down the stairs and you're not closer to a salt marsh or you know stepping into a salt marsh or a pond over in a pool it's closer to a concrete wall and it's not closer to the beach that that's that's all I meant
like a structur is protecting the bank and the beach from in from any from the C all right anybody have anything they want to add I don't see that it's a big problem for the guy to come in with a saw and shorten it up make it
work right anything solves the problem would my position I'm gonna make a motion to close the hearing and take it under advisement risal second all right bear with me one second here do we
want Jen is there anything in the public chat function only Kevin you mean only Kevin only Kevin Kevin all right never mind all right we have a motion of a second to close the
hearing last call questions or comments we're voting to close the hearing Betsy byter ey Courtney bir ey Matthews I Kevin O'Brien I Ron Risco ey Russ Robin
Z Steve I I it is unanimous we have closed the hearing thank you Tom thank you thank you thank you Tom nice to see you Kevin we were wondering why you were here questions answered have a great night nice to see
you again night everybody all right next up for a 10 Circle Road found with mass request to amend the order of conditions for Mass to EP number 25- 4937 to construct access stairs and to
reconstruct the beach deck and Associated Shack Jen yes Mr chairman I am promoting Raul from cap and Islands to present his project oh there you are R good
evening R you're up sir good evening everyone um rul isard with cape and Island engineering representing the applicant and Property Owners um this project is to amend an order of condition that almost exactly
to the year we obtain um in 2024 um I will start sharing my screen with your permission absolutely so the other condition was um number 25 4937 um it was issued for the
Reconstruction of the pier um the property is um off of woy bay um specifically off of seet river which is a body of water that veers off of wcoy bay um the pier that was permitted for
reconstruction is at this location and what we are proposing to amend um is to reconstruct a couple more structures um on the property so last year we obtained permission to rebuild this portion of the
pier um what we found out last year when we were working with the homeowner on this project is that this whole structure um was included in the chapter 91 license um it obtained an order condition in in
1982 um um the order condition was signed off um a couple of years later somewhere in 18 1985 um however this portion of this deck um was not part of the license um
from the original permit so we separated the project into two to research more about that deck and the the the shack right here so last year we permitted the pier we are now
proposing to amend the permit to reconstruct the deck and the shack to the size that it was um originally um approved what I mean by that is that this portion right here will not be reconstructed these two
little wings will not be installed though those will be removed completely the other aspect of this amendment is there's a concrete set of steps that leads down from the house to to the beach and to the deck and it's
concrete steps built on grade what we propose to do is to keep those concrete steps um even though they're kind of slumping and unsettling a little bit um we're going to keep them but instead of using them as axis we're going to build
a set of Timber steps over them holding on to to the side concrete um walls that exist a closer look of that um these are the two concrete walls along the side of the
steps those two walls will be used to to attach the timber that's going to be the timber stairs that's going to reach out this new deck the deck and the shack is going to be built in in the same footprint but again this portion of
the deck is not going to be um constructed if we look at a profile this is how the profile of this structure looks these are these two little wings that are not going to be reconstructed those were not part of any
of the 1980s permits um and for those who remember the pier was approved and designed to meet the level of this deck which is close to Elevation four and as you can see in this fall picture from
two years ago um the high water level gets really close to to the top of this deck and in some instances during storms this pier is completely underwat but we will be racing the whole Pier based on the permit from last year matching the
elevation of the deck um and the shck um also with this application um we noted was what was approved last year as a condition those who remember the C
postal Bank um was clear of all under under story vegetation and one of the conditions was that um the plan had to show all the stumps that were um cut on the bank and the planting was to be um
proposed and installed to restore the bank um a second plan that was submitted with this application um is the restoration of that bank this plan that was submitted shows all the Stomps that were located on the bank um so that project is per the prior order of
conditions I believe it was special condition number one um so that's essentially the project the pier has not been reconstructed because we're waiting to do all the work at once um and if there's any questions uh I'll try to answer thanks R
Jen yes Mr chairman thank you so R you're you're taking off the unpermitted part of the deck and then the the boards right and then you said you're elevating the whole structure no no you're not elevating it no so the
pier is the portion that was approved last year that we were elevating to meet the level of the existing deck okay and you said the peer work hasn't been done so why not raise it so right if we were to raise the entire
structure um it becomes a different structure and because the license the structure had a license um he will go into the building department and it will throw another um regulation that requires um pen rails and guard rails if
you go over 30 inches um from the highest corner right now it's around 28 inches above the highest corner on the beach okay I'm I'm not it's a guard rail requirement with the building code
okay but it would be better for the salt marsh and the resource areas if it was elevated right the the deck is not on the on the marsh the portion that we're removing is the portion that is closest to the marsh yes but I believe your argument
last year was you weren't going to elevate the the dock because you wanted to meet the elevation of the existing dep which implied that you were going to keep that deck now you're saying you're not keeping the deck so now you could
potentially Elevate the entire structure correct the dock is being elevated that is what we what we got approvals for last year the dock is meeting the elevation of the
deck can you show me the picture again R sorry so if I share the profile it will probably explain it a little better so down here on the profile we
have that the existing um Pi is at elevation 2.9 to 2.6 we're going to Elevation 3.8 so you're raising it a foot right and now ra about a foot all right I still
think we broke it in half to keep it at the same or just about the same elevation where it should have been elevated a lot higher over the marsh but okay um that was my only concern thank you Mr chairman I didn't really grasp
that until he was explaining it thank you R all right Alysa R just to piggyback on that I think it might provide more clarity if you could explain the the conf with it reaching over that 30 in you said that it would impact the licensing
um due to the location of the dock is it are you unable you know to to acquire a new license due to its location or um the size of it or something like that is that why we're trying to keep it under you know at a particular height
so the just some clarification the order condition that was approved in 82 and he was closed with a compliance in 85 approved the the bigger deck that exist the license that was issued did
not so there was no reconciling of what the local conservation approved with the certificate of compliance with the license when we reached out the building department uh a license structure through chapter 91 so long as it remains
on that size and that foot TR and those Dimensions that were approved then it doesn't need um the building department um to get involved if this changes from that license Dimension and design that was
approved then the building department comes into play the building code comes into play if you have a surface that is 30 inches above the ground then you need to have guard rails or like a deck like an elevated deck you need to have guard
rails this one doesn't have a corner or any the highest point it's about 28 inches above the beach so it doesn't need the guard rails and that would not make it a different structure than what was licensed before so I guess we're
confused what's the difference if you have if you have the railings so you have to file static thing or it's it's a different structure so now you you have to go to the building department to to get a permit for a different structure at chapter 91
license the building department will not um will not change what the license approved so I get what you're saying r i get you have to go to the building department but what we're saying
is frankly I don't care if you have to go back to the building department raising the structure would improve the resource areas see what I'm saying I I don't care if you have to go to border of Health
building you know I mean our job is to protect the resource areas and improve them but this is this deck and the pier are not over Marsh there is a strip of marsh there's a strip of marsh to the South and a
strip of marsh to the north the project is I'm beating a dead horse so I've said what I need to say thank you R I'm all set thank you thank you commissioner comments or questions I don't know where we left off so I'm
gonna start all over again Betsy I understood you the first time Ro I understand where you're going with it that's all thanks okay Courtney no questions Okay Kevin
no questions Mr chairman thank you Ron oh thank Ro thanks good project and removing what shouldn't be there um that's all thanks bye Ross no questions or comments Mr chairman Steve no questions Mr chairman
all right J is there anything in the public chat function please nothing in the public chat function Mr chairman all right what are you thinking make a motion to close the hearing and take it under advisement second we have a motion in a second to
close the hearing last call questions or comments we're voting to close the hearing Betsy blf ey Courtney bird I Matthews I Kevin O'Brien I
Ronis Russ Rob time Steve and it is unanimous we have closed this hearing thank you R thank you R you're okay with the next one going to the second thank you all right next up are continued
requests to amend an existing order of conditions first up Donna habber cornberg trustee Donna habber cornberg 2021 revocable living trust 70 Carrie Lane found with mass request to amend
the order of conditions for mass number 25- 4742 to permit a Fieldstone wall ramps and a relocated masonry wall after the fact and for the record Ron is not on the
Quorum Chen yes Mr chairman they are um the applicant is requesting a continuance until April 2nd so moved for second stay with me all right we have a motion in a second to continue this amendment
request until April 2nd questions or comments we're voting on the continuance Betsy felter R Courtney bir I Matthews I Kevin O'Brien I Russ
Robins I Steve ad I it is unanimous with this Quorum we have continued this until April 2nd all right next up requests to extend an existing order of conditions first up Paul F and Patricia
a Hogan 112 racing Beach Avenue found with mass D number 25- 4424 requesting a one-year extension Jen yes Mr chairman this project has been going on for quite a while um but I
think this is they've already requested compliance and they're not quite there yet so they are asking for an additional one-year extension to get their plantings all done and so we can issue compliance all right so you're okay with a one-ear extension okay with a onee
extension okay word so move jco second we have a motion and a second to Grant a one-year extension questions or comments we're voting on the extension Betsy Courtney I Matthews I Kevin
O'Brien I Ron Risco I Russ Robins Z Steve and I it is your name we have granted a one-year extension uh next up continued hearings
under an enforcement order first up Jane sahagan 21 Davis Neck Road FMA unpermitted vegetation removal installation of a patio and construction of a staircase within conservation jurisdiction
Jen yes Mr chairman I'm attempting to yep here they come I attempting to promote the property owner Mr Steve sahian um to address the board here he
is give him a moment come on Mr okay Mr sahian you need to turn the camera on and turn your microphone on so we can hear and see you it's going to be in the bottom left corner of your screen
you'll see there we go okay can you say me yes Mr Sing good evening welome Back Sir elicity you want to recap or remind
the board while we're here yes thank you um so on February 5th uh we brought this enforcement before the board um just to recap staff had found there were violations present on the property including removal of vegetation from The Zone a unated construction of a patio
and stairs that appear to be moving closer to the resource areas than the present primary structure um in addition to some uh work in the front yard which appears to be solely located in an AE flood zone um as we presented this
project to the board Mr seian also made some comments um the board was asked to visit the property and Mr sahian pointed out that there was a particular stake at the end of the bamboo um that he would like to draw the commission's attention to um so
my only update to the staff report was in regards to that stake I believe Mr sahian had commented that that stake represented the property line um and so he was showing where where the disturbance was in that area
um I sent everyone the plan of reference for the work that took place at the property to the south at 27 Davis neck to which the staking uh referred to that project and as noted in the staff report there were several Stakes that formerly existed on that site a couple years ago
before the project took place the staking with the green flags represented the proposed planting area um that was up uh in in the northern part of the plan and then the pink staking outlined the limit of work which was sodon with the property line in that particular
area um so just to note that that stake on site was not indicative of a property line stake but rather where plantings were to be proposed um that was my only update at this time you joh you have anything you like to
add um no Mr chairman we just do need to um have the board determine whether you want mitigation um The Patio that needs to um that's moving closer as well as the stairs need to be addressed um as well as the
vegetation removal in that zon Mr s would you like to speak on this please um firstly with regard to the state um the one that you're showing with a with a green tag I
believe is I think it says right on stake plantings what I thought I had said to you during the last meeting was the last stake in the bamboo was and it's got a red tag on it
um is the is the lot line which is further within um my to to to our land um that green steak was was put there for plantings which were planted on my
land um again the the the red tag stake about I don't know 3 four feet in the bamboo um which is closer to our existing house by about anywhere between
6 Ines and a foot is the lot line um for what it's for what it's worth I I I don't want to confuse the issue but um just a little bit of history as to why
we at least I'm here um when we when we first bought the house in in 2016 we pulled the permit um to have work down on the front of the house uh replace windows uh replace
siding um front steps um I it's been my experience that when a building permit is pulled it's transmitted to the various
departments to sign off to see if they they have any input or should have any input [Music] um nothing like that happened but yet here we are um frankly I don't know if things are
different inment than my experience in other towns but uh again the building permit in my experience triggers the potential involvement of other departments I wish that conservation had been involved from the
beginning but uh be that as it may here we are um and I would simply like to add that approximately two two and a half years ago um as a result of my neighbor Mr
dagels uh landscaper his sister um cutting bamboo on Mr dagel side and then throwing them on my lot resulted in a rather adversarial relationship and
she's pursued this um on a number of occasions um with regard to um trespassing on our property planting on our property we regardless of two
surveys which one of which we did um and one of which the dles did which shows that that lot Line running exactly where I said and consistent with what I said in the previous meeting about the last
St stake being in the bamboo clearly shows that the plantings that were required by conservation by virtue of the dagel order of condition were well onto our lot
um and I have to say that it's a little bit confusing because as a result of the initial bamboo cutting by Deal's landscaper his sister and throwing them on my lot um conservation requested a meeting
with me which I attended at which time what you categorize as um a patio which um I I don't think characterizes
that appropriately but be that as it may uh and the steps we standing literally 10 feet from the steps uh and I believe it was Jen and Alysa along with one guy they looked at everything discussed the
bamboo um and everything is fine and all of us you know and and and I thought that was the end of it but for various reasons this thing has persisted anyways thank you for your time and the opportunity to
speak thank you sir thank you all right um I think the easiest thing is I'm just going to pull everyone Jen I just have a quick question Mr sahian you said that you pulled a building permit for the front
steps the building permit was for the replacing all the windows in the front all the clapboard in the front and I believe it was for I believe the building permit it was
a separate building permit for the for the walkway and the steps okay the steps we're talking about are in the back not the front well no you brought up the front initially when when this well we brought up everything that was no no no I didn't mean to
suggest I'm I'm simply talking about in reference to what you had mentioned about violations in the front of the house and I'm I was simply pointing out that we pulled the permit for that and oh there's no there's no question the
steps the steps were not done as part of the building permit no question okay so that that's our biggest issue there were walkways and everything that don't need building permits so you did not get a building permit for your perv for your little brick walkway because building
permit doesn't issue permits for landscape features so it would have needed to be permit by the concom the biggest issues are the removal of vegetation in zone a and I can show the board the near map
photos the steps off that back deck that are moving closer and you heard the board earlier this evening about how they are quite tired of things moving closer than the present primary structures and we have a patio brick
area whatever you would like to call it sir in the zone a that either needs to be mitigated for or removed it that too is moving closer than the salt marsh the biggest thing and I quite frankly this
does not involve your neighbor this involves your actions on your property so please leave the neighbor out of it we've dealt with the neighbor we have given you every chance sir to help us address this this has been going
on for years so the stairs on the back deck need to be removed as they are moving closer the vegetation removed in zone a and I will bring those near map photos up need to be removed I mean need to be restored um you need to stop taking out
the neighbor mitigation plantings because we're getting com um complaints about that on my land and the patio the sir the patio brick sitting area whatever you want to call it the Board
needs to decide whether they want you to remove that or if they'll allow you to keep it and mitigate for it that's why we're here I'll remove it but but let me just not to make you find of a point of it by virtue of of my removing it by virtue of my removing it which I'm
happy to do okay how does that change the ability then within my rights as a homeowner than putting a couple of chairs out there which is all we doing in in in in given the fact that it's there yeah no so you can put chairs out
there that's fine so what it's we this Board needs to write a regulation and we base our regulations on impervious surfaces impervious surfaces that don't support natural vegetation that's what we base our our reg that's our how our
regulations are built okay you want to put grass down there and throw a couple anonda chairs over there that's fine sir if you didn't remove natural vegetation in that area to put that that patio
in so I mean did the board have a chance to go out there and view the property in these past couple of weeks I don't know they said they were going to I I I asked we'll get to that we'll get to
that so that's all we we have Mr chairman we're just trying to get that vegetation in zone a reestablished have the those deck stairs removed um and have that patio area removed and
I think Alysa has something to add as well well we're waiting for you okay alosa thank you um Mr San you had mentioned that you had a survey of your own that um showed a different property
line is that what I understood no what I said was that both the dagels and ourselves had a survey done and it it starts um uh basically right behind the
mailboxes on Davis Neck Road it runs 220 ft on a straight line with no deviation and I was and and both his and our previous survey showed exactly the same thing that the stakes running from
right behind the mailboxes on Davis Neck Road in a straight line right in the middle of that bamboo which is consistent with which uh you where you required John to to put in that uh
containment wall for the uh for the bamboo which is on his land by about a foot um that those the two series show it identical Stakes right down the middle of that bamboo the okay the the
plantings that you required John to put in some 20 of them are on our land Mr sahian I can't recall did I send you a copy of the um the last plan that we
received for 27 Davis neck when they were going through their compliance process have have you viewed that have I sent that to you you Rec yes so as we were wrapping up that process it's the plan that shows um just all the work after it's been completed um do you
recall if you've seen a copy of that plan no I don't I I don't believe I've have seen that okay I've only seen one plan okay um so what I can do is I know that that's been a topic of discussion and I can send that to you so I think one of the points of confusion is that
that wall that they built was built further into the property so further south so there's actually more space between the wall and the property line than was originally proposed so that was the area that was filled with plantings
so I think perhaps a point confusion is as you're looking at that wall you're remembering it as being up against that property line when actually it's further into their lot and that's where the plans were I I agree and and what I said
a few minutes ago was that the last property state which is a couple of feet into that bambo yeah I can be all
set all right Mr chairman would you like me to show you the near map photos from that shows the the vegetation removal areas that we're concerned with
sure sure okay so the board this is the area we're talking about so if you look at the deck right here no stairs Mrs aian require acquired the property I believe June of
2016 there's another one from April of 16 you can see the shubby material here that's March of 17 lawn so all that that shrub was removed that's
18 it's 19 now the staircase comes in right here yep and then this gravel brick gravel sitting area right there which is in zone a of the salt marsh which is right
up in here that came in between 19 and 20 again the stairs these are the this brick patio and improvements to the driveway is what Alyssa was talking about with improvements in the front that were
unpermitted um the building department would not have anything to do with this brick walkway or any sort of enlargement of the driveway again now nice Green Lawn where it used to be shrubs could you could you show me the the area
where the shrubs were removed I'm looking at if right in this area sir this is lawn this is lawn this is some sort of shrub
material some sort of shrub material in spite of in spite of the fact that as I mentioned last time when this house was built there were no requirements for plantings so you're now saying that I removed something that wasn't there that
didn't have to be there and what further confuses this is that both of these homes were owned by the foxes simultaneously what they did with plantings regard regardless of there were no lot lines then they owned both
houses let's see I'm sorry I don't think we're sir we're not we're not concerned with what happened between you and your neighbor what we're concerned with is the vegetation that was removed and you did mention you took
down a lot of poison ivy absolutely but you you you can't you can't take down Woody vegetation that's a buffer to a salt
marsh and that's what the issue is you cleared a lot of material IAL probably because there was a lot of p and Ivy and you could have come to the Conservation Commission and asked how how you could deal with it if you wanted to go through if you had a path through it if you didn't have a path through it you could
have just left it but the fact is leave leave the poison ivy yes poison ivy is a native plant it provides a lot of food for a lot of the native birds and other animals well I I
guess the up and down that street on either side of me somehow doesn't realize that because they've got better Lawns than I do I guarantee you not one of them has any poison either Mr sahian I'm only
talking about why we're here for your piece of property and the fact is to protect the Wetland resources we have requirements for for um Woody
buffers and you've cut that Woody buffer and we're trying to restore it we're trying to restore it and we don't have to restore it with poison ivy I'm sure you don't want poison ivy but there are other Wetland
plants that could fulfill the role of that's needed in a woody buffer you know what's really interesting is when this process started I was bombarded with pictur showing these plants that you removed
all of a sudden now it's moved to poison ivy which I should subject my children G and grandchildren to because why is a process for everything so we're in
resources then the or Mr San the from the it's a second floor deck first floor oh okay is that the only set of stairs that comes up that deck
yes excuse me excuse me that's wrong um so um from the side of the house there's a set of stairs that goes into the side entrance of the house and it feeds that deck in order to get to the
backyard you have to walk down a it's not terrible but it's you know a little bit of a a down into U there there's nothing there but grass so it's right adjacent to the existing bamboo gotcha
okay all right so Jen what what we would be looking for with me in an enforcement order would be would we allow the stairs to stay or not as Z right mhm okay and then the
vegetation should be replaced MH and the patio should be either removed or mitigated for so could the stairway be mitigated for no the stairway is moving closer than the present primary structure in
the a zone of the salt marsh we are a Sue is it Aon of the salt marsh Alysa problem is we do not have a plan on this property so we need a plan first to determine whether or not those staircase that staircase can remove it's going to
be close it's going to be really close on whether or not that staircase needs to be removed or can remain if it can remain it needs to be mitigated for the gravel little patio area brick whatever it is that needs to either be removed as
it's moving closer or mitigated for yeah and then the vegetation removal in that big kind of grassy swath between the ve um between the two properties so first we you would have to issue an enforcement order requiring a plan by a
date certain and then a replanting plan and then we can determine through the staff level of whether or not the staircase can remain um and then the the little sitting patio area that's going to be up to the board okay so this is a case where the
where the certified plan would potentially help Abol can't move forward until we have it correct well let me simplify I'll remove them both I'm just trying to find a way that
you can keep them yeah he's ready to remove them Mr chairman yeah okay all right so I think what we want to do is vote on an enforcement order um before we do anybody else want to have anything they want to add to this I
didn't mean to skip over anyone we're still going to need a plan Mr chairman why would you need a plan I'm removing them we need you to rate
sir so we need to know where your property line is we need a survey of the existing vegetation and then we need to determine the area that you need to Reve vate can't do that without a
plan because I remov poison ivy right sir it's not just poison ivy you're aware of that you were the one that brought up the poison ivy that's what Dr gladfelter repeated but you were the one that said you just removed poison ivy
what I said initially was that lot was filled with poison ivy it was filled with ticks and it was filled with vines and yes I remov them and I cut back the bamboo which I assume you don't have a problem with because you would like to
see it all gone anyways so yes poison ivy chicks and Vines I did remove but again I would like you to be a little bit sensitive to my position for the longest time you were
basically bombarded me with emails and texts regarding we have pictures we we have satellites we have plantings showing that you removed the plantings and now all of a sudden no it's not the plantings it's the poison
ivy okay Mr Sahan we did not bombard you we were merely trying to communicate with you and you were being aggressive as you are right now and just just not not cooperating with us whatsoever that's
why you're before this board is because you refuse to to cooperate with the staff no this is what happen I'm not refusing to cooperate I I think your position frankly is just
unreasonable yes well you know it it's not unreasonable if you broke you went against regul we've been yeah dealing with this for two years with the with we haven't made any Headway in two years
make some Headway tonight what are we going to do you can vote an enforcement order with the requirements set 10 minutes ago okay I I'll make a motion to issue an enforcement order but I need some guidance from the
from to require what's going to be in it sure we need a plan including the Wetland resources yep including the Wetland resources then we need a rest ation plan to at least fill in the a buffer of
the salt marsh to where we can clearly see is now a big lawn right um and then from a staff level we can work with Mr sahian to determine whether or not the stairs need to be
removed if they fall outside of that zone a buffer to the salt marsh we can work with him to add additional mitigation so he can keep the stairs and then the Board needs to decide whether or not that little gravel brick whatever it is sitting area can remain if it does
if the board allows it to remain then he needs to mitigate for that so there's going to be a lot of restoration and mitigation a lot oh I'm sure yeah Mr chairman um I'd like to I'd like to restate a a request that I made at the
at the last hearing which was uh um I would like to ask for a continuance and I would like to ask if and it may be a big ask I I know this is a voluntary board and frankly I don't
know why you subject yourself to this I'm I don't mean that I I I don't mean that it's a very unselfish thing that you're doing um but I would I would sincerely like if at all possible to meet with you at the house and I I don't
know if anybody's been out to the house or not I was told there was going to be a site visit you tell me when anytime I'll make I'll make sure I'm there and and and try to explain why I think what
I'm being faced with is just so difficult to accept yeah the hardest part is that because we don't have correct me Jen if I'm wrong
we don't have a current plan we don't have any plan um because that's that's the biggest problem right now is trying to figure out where the resource areas are because the you know potentially that stairway could stay um I'd like to see
those pictures a little better um you know as far as what what vegetation is is well bear with me alleged to have been removed so I'm
it's we'd be happy to continue it Mr chairman and I can work with Mr sahian to come up with a few dates that I can present to the board Mr sahian the problem is I would have to post a public meeting um I'll have to post it in
accordance with the open meeting law if I have more of a more than four members of the concom if you're okay with that then I can that that does not necessarily mean the public is allowed on your property it just means I have to post a public meeting are you
comfortable with that sir yes okay yeah because that's that's no big deal that just means that more of us can go at at one time correct so um so I don't know I don't want to speak for everybody I'm I'm fine with that I can't do anything
next week though I'm just speaking on my my end of things um and then uh um and and obviously we want to give Mr Sean the chance you know to to um you know offer what dates would be
good for him too because he's he's traveling so Mr sahian are Friday mornings good for you or not whatever is good for the board I will accommodate okay um Jamie and Russ
I'm going to look at you too because you're this probably the schedules I have to work around the most you were just going to say you were the problems I saw that no okay like I said could you do an early morning or
no no that's that's for sure my busiest time is at 8 o'clock but I get there and usually out about 9 so anytime after 9 is okay but 8 o'cl Absolut okay um Mr sahian why don't we continue
this until April 2nd let me work with the board to determine a good time for them and then I can reach out to you and confirm if it's a good time for you I know you really want the board to go out there so you can talk to them so let's try to
make this happen for you Sirah okay thank you not a problem so if we continue this matter to April 2nd Mr chairman it'll give us time to coordinate with the board at the request of the can I make a motion to continue to April 2nd Ral
second all right last call questions or comments I think this makes good sense so let's try to move forward all right we're voting on the continuance to to April 2nd and Jen you'll you'll work out the date for site visit and anybody that
wants to join that would be the time all right we're voting on the continuance Betsy R Ry Courtney word I Matthews I Kevin O'Brien I Ron Risco I Russ Robins
I Steve it is unanimous we have continued this until April 2nd so staff will be in touch Mr San thank you yes Miss one thing before we go Mr sahian if some of the board members cannot make it at that
scheduled time would it be it's going to you don't mind them just going random ly to your property so they can review it correct absolutely yep okay thank you very much sir we're going to try to get you through this appreciate it okay thank
you can uh hang on one second Mr chairman San toan oh wait I think I kicked off Steve nope wait no there was
two yeah okay there NOP I did kick Steve off by accident they just kick him off I know I'm bringing him back in it's sometimes everything jumps around when I'm trying to click and yeah yeah now
I've got Mr sahian coming back in Steve Steve I need you to rejoin us I kicked you out by accident I'd take it personal if I were you I wouldn't come back you guys are still not helpful tonight
now Steve's declining to come back smart man good for him so much for a quick [Applause] meeting all right let's just move on to vote do we need Steve no we still have
another enforcement order oh okay I'll just keep trying to bring him in Mr chairman if you want to move on all right next up Jane fur 2622 and zero Shor View Avenue not sure how those of them work out but map and parcel ID
is 39- 02 C- z-54 B with mass unpermitted removal of a of salt marsh vegetation and unpermitted reconstruction of a deck within conservation jurisdiction Alysa
thank thank you um yes last week I had introduced this topic to the board and asked for a onewe continuance um we needed to get in touch with the homeowner in order to request a proper continuous timeline so that she could obtain a survey of the property um unfortunately we were not able to
connect and I did not have an adequate amount of time to inform her of this hearing date as I was out of the office for a few days um so I think it would be um a courtesy of the staff to request an additional week continuent so I can send her an email in the morning letting her
know that the hearing will be on the 12th and hopefully we can connect by then and if not the staff would still like to open the hearing to um inform the board of the situations so the request is a continue
still 312 yes all right thank you word so moved so moved second all right the battle of the mute button all right we have a motion in a second to continue this until 3:12 we're voting on the continuance Betsy why pter
ey Courtney I Matthews I Kevin O'Brien I run rco I Russ robins and I don't see Steve so it's almost unanimous with an almost full Quorum we've continued this until
3:12 which brings us to vote orders of conditions first up Michael Willis Wills general manager Beachside Village Resort condo association Inc 45 surf Drive Falmouth Mass Jen I'm
gonna is all of us yeah I can recap these since Jen wasn't here last week I'll just take the notes sure oh that's right she was away oh I forgot thank you what a night time for
bed okay um so this is the um cond condo and uh association off of surf drive by the corner of shore um the project is honestly just to improve drainage on the site so that back
parking lot is going to be transformed from a paved chip and seal driveway to a gravel driveway with a reinforcement in there hopefully helping with the flooding that occurs on the property um in discussion with Rob from Bracken we
did get um an updated site plan with the limo on it we also um he he he pulled a part part of the maintenance plan that was submitted to us that did show that there is a plan in place to keep the
drainage um clear of gravel and and general maintenance of it so that is part of the plan um so I think that we have addressed all of the staff and commission comments I think it's a great project
all right questions or comments Courtney can we uh specify that there'll be a meeting with a contractor before commencement of work we can arrange that I mean you know I'm a little gun
shy based on some of the previous um recent U situations we've been facing so I think it's important this is a little simp this is just a to improve
driveway all right I'll make a motion to issue an order of conditions as discussed second all right we have a motion and a second to issue an order of conditions last call questions or comments we're
voting Etsy glad filter I Courtney bird ey Matthews Z Kevin O'Brian I Ron Ral ey R Robin ey it is unanimous with this Quorum we
have issued in order of [Music] conditions next up is Susan Moran trustee Charles E Moran qualified personal residence trust 402 wild h Road
Falmouth Mass and the Quorum excludes myself uh so this project was for the replacement of an existing uh concrete wall with a vinyl sheet piling in order to access that area some clearing would occur and there was a restoration plan
submitted during the process we also discovered an unpermitted area of clearing on the property within the buffer in addition to missing mitigation from a 2014 RDA these are also proposed to be reinstalled on the site uh one
outstanding note the commission was with closing the hearing um we did just receive the DMF comments and they did ask for a time of year restriction between May 1st and July
31st um they had another note um it's going to be within the same footprint they're not looking for expansion of the footprint um they did have some concerns on part of the wall where the return is they were just concerned about some
impact to the salt marsh um since it's a vertical wall and it might impact the migration of the salt marsh um but with any wall there is some need for return so I'm not sure if the commission had concerns with that or
not Ben Carson's going to be doing the work I believe and he'll just he'll just can you okay I don't know what's going on can you hear me now yes thank you okay Ben Carson I believe is doing the work and
he he can just plate the marsh or mat the marsh I don't think it's G to I mean obviously it's going to affect Marsh migration but there's a wall there now so all right comments
an order of conditions as discussed second all right you have a second issue and Order of conditions last call questions comments input voting on order of conditions
Betsy I Courtney bird I Kevin O'Brien I Ron discal ey Russ Robin ey and Jen kick Steve out again so you still have a actually he
left smart all right almost there only 10 more next up Thomas and Maran Barillo 43 South View Way East Falmouth yes thank you this was a
proposal for a doc project in flax Pond um nothing to a typical about the proposal other than the staff had required a couple changes made to the plan to enhance um what we were looking at for the buffer including adding debuffer lines um there was an
unpermitted kayak rack which will be removed the unpermitted Slate walkway has been removed um there was a note about an extension to the existing path on the property that will be allowed to
regrow um really nothing else to note at the this time for the record Ron is not on this Quorum oh sure now you tell me yeah sorry I'll make an order of I mean I'll make a motion to issue an order of
conditions as discussed for second all right and we have enough for a quorum so we're good so we have a motion of second issue and Order conditions last call questions comments or input we voting to issue an order of conditions Betsy black I Courtney bird
ey Matthew's ey Kevin O'Brien I Russ Robin's ey it is unanimous with this quarum we have issued an order of conditions next up is what we heard earlier
tonight um which is for the the um so we're looking for an amended order of conditions uh for in water work for Mass D number 25-49 902 this is one we discussed earlier tonight we they're looking for a waiver from the time of
year restriction and we're voting it right away because the time of year restriction starts like in a couple of days so um we're just trying to help them out and expedite the uh order conditions um so it's it's really just that it's a
twoe reprieve from the time of year restriction DMF is okay with it with the conditions that dnf imposed which is um that I'll work in by the end of March and that a site visit um be conducted
when they're removing that where's my not not a burm but something like that in the river to um reduce um sedimentation no they they put up
sediment yeah barriers All Along The River so it's to keep aren't they taking something Yeahs are all gone okay okay they're already gone okay I'm just reading my conversation with Brad
today all right anything anybody want to see in there additional I we're okay with the amendment right I it's two week repeat all right motion issue an order of conditions as discussed thir second all
right we have a motion in a second issue an order of conditions last call questions comments or input we're voting Psy lad filter ey Courtney bird I Matthews I Kevin O'Brien I Ron bcal I
Russ V it is unanimous with this quum we have issued an order of conditions thank you everyone last call who wants it I'll make a motion to adjourn jisco second
glader ey M ey Matthews ey O'Brien iisco ey Rob Z night everybody thank you everyone good night everyone thank you [Music]