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[music] [music] Heat. Heat. >> [music] >> Good evening. Welcome to the June 3rd, 2026 meeting of the Falmouth Conservation Commission. This meeting is being held virtually via Zoom video conference and is also being broadcast

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by FCTV on cable channel 9. As this meeting is being recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. We have a full complement of commissioners tonight. And thank you all

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for your dedication. I'd like to remind the commissioners that for commenting, I will call on each of you in turn. So, please refrain from speaking over each other. Also, all votes are done by roll call. So, when I call your name, please state your name and your vote for the record, even if you've made the motion for second. To

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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,

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you will be promoted to the hearing as a participant. When you are selected, you must have your video enabled. Be succinct and respectful of others. Public comments will be limited to three minutes each. Regarding RDAs, under a request for determination of applicability, the

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applicant is asking the commission to determine if the provisions of the Massachusetts Wetland Protection Act and or theormouth Wetlands bylaw apply to their proposed project. A negative determination is that the provisions of the act and/or bylaws do not apply. Therefore, the project may proceed as

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proposed. A positive determination means the provisions of the act and or bylaw do in fact apply and or may require some conditions. [snorts] Therefore, the project would require a notice of intent application. So, as an applicant, you want to hear the negative determination.

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For the benefit of anybody waiting for particular hearing, we have a few that's going to probably be continued tonight. 227 Edgewater Drive, West Falmouth. 220 227 Edgewater Drive West Falmouth, Mass. 86 Edgewater Drive East Falmouth.

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65 Walker Street, Falmouth, 39 Pine Bank Road, Felmouth, 29 Davis Neck Road, and 25 Gate Lane. All right, we'll start and uh take a motion to review and approve the minutes

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for the May 13th meeting. >> [clears throat] >> Mr. Chairman, make a motion to approve the minutes of the May 13th meeting. Pat second. >> Got a motion, a second to approve the minutes of the May 13th meeting. Any

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questions? Hearing none, I will call the role. Ronnie >> Bulman I >> Dave >> Penti >> Dan >> Walshy >> Steve >> Patton I >> Jim >> McGrath I >> Ron

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>> Escali >> and Duffy motion passes to approve the minutes from May 13th. Now we have a request for continuence under notice of intent. First one up is Amanda Hunt, 227 Edgewater Drive West,

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Falmouth, Mass for permission to construct additions, reconstruct a deck, install a new Title 5 sewage disposal system, and install mitigation plantings. >> Yes, Mr. Chairman, the applicant's requesting a continuence until June

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24th. >> Make a motion to request for the applicant to continue this hearing until June 24th. Driscoll and second. >> Got a motion and a second to continue this hearing until June 24th. Any questions?

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Seeing none, I'll call the roll. Ronnie >> Bman I. >> Dave >> D. I >> Dan >> Paul. >> Steve >> Hton I >> Jim I. >> Ron I

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>> and Duffy I. Motion passes to continue this hearing till 6:24. Next we've got Michael Tanians 86 Edgewater Drive East with Mass for permission to construct two additions in a porch and to renovate the existing

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house. Jen. >> Yes, Mr. Chairman. The applicant is requesting a continuence until June 10th. Make a motion to continue the hearing into June 10th at the upper request

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and second. >> So we got a motion and a second to continue this hearing until June 10th. Any questions? Seeing none, I will call the role. Ron Ron >> Ronnie. Yeah. Yeah. Ronnie I threw a

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little bit [gasps] >> Dan >> Paul >> Steve >> Ben I >> Jim >> McGrath I >> Ronis I >> and Duffy motion passes to continue this hearing until June 10th.

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Next we got James Pello and Robin Shemck 65 Walker Street found with Mass for permission to raise an existing single family dwelling, construct a new single family dwelling with deck porches and attached garage. Install a new title 5 sewage disposal system and install

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mitigation and restoration plantings. Jen. >> Yes, Mr. Chairman. The applicant has requested a continuence until June 10th. Motion to continue this hearing until June 10th at the request of the applicant. Driscoll >> mot second.

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>> Got a motion and a second to continue this hearing to June 10th. Any questions? See none. Call the role. Ronnie >> I. >> Dave >> T. I >> Dan >> als. >> Steve >> I

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>> Jim >> McGrath I >> Ron >> Escali >> and Duffy I. Motion passes to continue this hearing until June 10th. Next, we've got Jane Cwley, Cullinin, and Steven R. Styles, trustees. Jane

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Cwley, Culinary Discretionary Trust, 39 Pine Street Bank Road, Falmouth, Mass for permission to raise an existing single family dwelling, construct a new single family dwelling with a porch and patio, and install a new Title 5 sewage disposal system. Kent.

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>> Yes. The applicant's requesting a continuence until June 10th. >> Make a motion to continue the hearing until June 10th at the request of the applicant. Driscoll. >> Bowman. Second. >> Got a motion a second to continue this hearing till June 10th. Any questions?

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Seeing none, I will call the role. Ronnie >> Bowman. I. >> Dave. >> Tai. >> Dan. >> B. I. >> Steve. >> Any. Jim >> McGrath I >> Ron >> and Duffy I motion passes to continue

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this hearing until June 10th. Next we have a request for a continuation continuence under a manded enforcement order. Jane Sahaggan 21 Davis Neck Road Fmouth Mass unpermitted vegetation removal within the conservation jurisdiction.

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Jen >> yes uh Mr. Mr. Sahene has requested continuence until June 24th. We're going to meet him out there and try to grid out his little planting area for >> the request of the applicant. We

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continue this hearing the the under a remand enforcement order till June 24th. Dris >> Bowman second. [clears throat] >> Got a motion a second to continue this area until June 24th. Any questions?

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Seeing none, I will call the role. Ronnie >> Alman, I >> Dave >> Tent, I >> Dan, >> Steve, >> I, >> Jim, >> Graph, I >> Ron >> Driscolli, >> and Duffy, I motion passes to continue

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this hearing until June 24th. Next, we have requests for determination of the pickability. First one is Alan Fuer. I hope I didn't butcher that. 375gate lane, Falmouth, Mass for permission to install native plantings and install a fence. Lissa

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>> staff recommends a negative three under the state and a negative two under the bylaw. Resource area boundaries are not confirmed. These negative determinations indicate that work described in this RDA is within an area subject to protection, but will not remove, fill, dredge, or alter the area. Therefore, said work

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does not require the filing of a notice of intent. Move to determine the work described is within an area subject to protection but will not remove fill dredge or alter the area. Driscoll >> second. >> We have a motion and a second. Is there

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any questions? >> Hearing none. I'll call the role. Ronnie >> I. >> Dave >> Kent I. >> Dan. >> Steve I. >> Jim McGrath.

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I >> and Duffy I motion passes. Next target Keskin 67 Lakeshore Drive East Falmouth Mass for after the fact permission to install a kayak rack and for permission to install mitigation

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plantings. Alyssa >> staff recommends a negative three under the state and a negative two under the bylaw. Resource area boundaries are not confirmed. Move to determine that the work described as within an area subject to protection will not receive remove fill dredge or alter the area. Dristol

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second. >> Got a motion and a second. Any questions? >> Hearing none. I will call the role. Ronnie >> Bman I. >> Dave I. >> Dan Walsh.

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>> Steve and I. >> Jim McGrath. wrong. >> Crystal eye >> and Duffy eye. Motion passes. Next we've got a Marthur Pasc 43 Lake

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View Avenue, Falmouth, Mass for permission to repair a drainage pipe. Melissa, >> uh staff recommends a negative three under the state and a negative two under the bylaw. Resource area boundaries are not confirmed. Move to determine the work described is within an area subject

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to protection but still not will not remove fill dredge or alter the area. Driscoll >> second >> got a motion and a second. Any questions on I will call the role. Ronnie >> Balman I. Dave

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>> Pente, >> Dan >> Wshi, >> Steve >> Pan I, >> Jim >> McGrath I >> and Ron >> Driscoll I >> and Duffy I motion passes.

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Next continued request for determination of the pitchability John J. Toyus revocable trust 25 24 fivegate lane found of mass for permission to construct a pool cabana and after the fact permission to construct a front

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walkway remove vegetation install a pool patio reconigure a driveway construct a retaining walls >> the applicant has requested a continuence until June 24th >> request of the applicant move to continue this request for determination

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applicability to June 24th >> moment second. >> Got a motion, a second to continue this hearing until June 24th. Any questions? >> It seems to be an awful lot of work for a determination of applicability.

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>> It I believe it's flood zone only. Um but there's there are some there are some um things that need to be cleared up with the building department as well. So, we'll be meeting with the building department and the applicants

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contractors in the next couple of weeks. >> Okay. >> Any other questions? >> Hearing none, I will call the roll. I >> Dave >> Dan

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>> Steve >> I >> Jim >> I >> and Duffy I motion passes to continue this hearing until June 24th >> for notices of attend all hearings of

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the Felmouth Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland Protection Act and the Falmouth Wetlands Bylaw. Although a single decision of the commission is issued, this represents a separate decision under each authority. As a reminder, public commenting is

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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 Falmouth wetlands bylaw and how they pertain to a particular application. Please note that all correspond correspondence received by the

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conservation department is forwarded to all commissioners and becomes part of the record. We will not read each and every letter we receive at a hearing. Remember our jurisdiction is that of the Massachusetts wetlands protection act and the found wetland bylaws, not zoning, health or building.

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First up, Amanda Hunt, 227 Edgewater Drive, West Falmouth, Mass. I believe we continue this That's right. >> Yes. >> All right. And I believe we continue the next one. Edgewater Drive East. >> Perfect. All right. So, next up is

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really revocable trust 20 Beach Street found mass for permission to construct two additions, a garage and a shed, remove a patio, rinse station and a portion of the house, and install mitigation plantings. Jen. >> Yes, Mr. Chairman. I've promoted Tom

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Bunker from VSSS Design to present his project. Good evening, Tom. >> Good evening. I see I'm one of the few that stuck it out and didn't continue the hearing. >> Good for you, Tom. >> Yeah. Yay. Not wasting your time. I hope

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>> not not afraid of this, >> right? That too. >> As if. >> Yeah. Uh, okay. Let me share my screen if I figure how to do it again and I'll go and go and uh describe what I'm doing,

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>> Lori. >> Okay. So, I guess I can say, can you see the plan? >> Yes. >> Yes. >> Yes. Okay. Good. I did it. Um, this is at uh

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20 Beach Street uh which is over in the well it's just over the Green Pond Bridge uh from Mara Vista. Uh I can show you in this area here Marav Vista Green Pond Bridge

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Street runs from Mina up. It's a dead end. Uh it's a dead end because it hit hit this wetland and uh the roaded was built partway through but the road itself was never and it's never never fully constructed. Uh and so we have

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this uh salt marsh and a little fringe of uh uh freshwater wetland along it. uh a dozen or so years ago, we had a notice of intent uh to uh construct this patio

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in this location um at the time. Yeah, that was in 2015. So the driveway was what is shown in the purple. So that's sort of the record location of the driveway, the purple

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line. current driveway which we located is this black line. So it it covers more area here but we use the uh the area in the purple as the starting point for the mitigation calculations as the um the

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area of of driveway. This is mitigation um that was required in 2015 um and everything else there there's some mitigation missing I'll get to later. um mentioned in the staff report.

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And uh also we did uh the wet the wetland data sheets did not make it into the full NOI package, but we did did deliver them uh email them down and I think only got maybe got the

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uh hard copies down to Alyssa uh maybe yesterday, but they they were done by LEC um flag flag the salt marsh and the the wetland line through here. So this is the existing conditions. Um,

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one tree here is proposed to be taken down. Uh, there's a large branch. It's going to be fairly close to the garage that's buil and and driveway that's that's proposed in this location. So, we're requesting it take down this this

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oak tree. Um, get back to the uh, so we have the salt marsh and you see this red line here, this red line here. Um, 100 foot zone A of the salt marsh and then there's this entire lot is in flood

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zone. So this area slopes steeper than 10 to one. So through here is a top of coastal bank and across the driveway this bit of driveway slopes a little steeper than 10 to one through here. So we have a 50

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foot coastal bank zone A in this location. Uh and then there's also a wetland the BVW wetland zone A through here. And then finally the wetland zone B 100 foot

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back through through this float location here. So, there's a tiny corner that's well, it's still in your jurisdiction because it's in the flood zone, but it's not within a mitigation uh requirement area. Um, so the proposal is to

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um well, go back to this one. There's a a bit of this house right here and a patio in the back, a rinse station, and the bulkhead is in here.

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So, the house and the patio will be removed and um get over that. Then, oops. And in place of that part of the house, the that addition is going to go here and take up uh

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part of the the orange line here is where the patio is currently. So this addition will take up the existing part of the house plus the patio. The garage will be all all new coverage

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except for a tiny sliver. uh a grill patio here, 4 1/2 by 14 ft through here. Um and then a a uh basically it's a walk-in closet here. Uh on peers because of the

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proximity of the septic tank. So it's on this this part is on peers. Uh the rest of it's on the standard foundations. uh the floor of this addition, it'll be the same elevation as the existing house floor. Um

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the driveway so this now the the current line or the the the the record line is this orange line of the driveway through here. And so we're

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moving it away from the the wetland here and moving it toward the property line 20 ft wide. So we're pushing that all over and then be a slightly curved uh

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set of stone cobble strips to go into the garage. So this is two cars wide. So, a car can fit in the driveway on this side and another car in the driveway be able to back out and >> and leave.

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>> Um, dry wells all around for the um drainage from from the roof. The shed that's up in this location

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will be moved down to this location. Uh it's a slight uh decrease in coverage. That is it's like right now it's in zone A, 96 square feet in zone A and it's going down to here to be 96 square ft in zone B. So

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it's a sort of a decrease of 96 square ft worth of mitigation uh coming down to here. Um, this is a tree which is put in to replace the

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tree that's being removed. Now, in the staff report, I think this is the one they're talking about on the south line to move it to a different location. But of course, we're taking the tree out um

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from this location and putting a tree back in um somewhat the same location. It is a a little bit further west than from where that tree is coming being removed. And there's also uh 64 ft of stockade fence,

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just a privacy fence between the two two uh neighbors going across this property line here. Uh note about this this tree here. It is less than 10 ft from the garage. We propose to uh protect it as

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if you seen down on Miller Road where the some kind of work by the state is proposed. The trees are all all protected by two by lumber strapped around them. It is less than uh it's about 7 feet from the tree to the garage, but there's

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9 ft from the tree to the property line. So, even after the garage is being worked on, there's still room before the shed is put there, of course, still room to move around uh behind behind the tree and and between

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the tree and the garage, there'll be room, and I can point out how this differs from other projects. That'll be behind this low roof. So as far as future maintenance and all the uh tree being right here will not

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encumber uh will not prohibit people from you know doing maintenance on this low bit of roof in this area. It's behind the garage right here and uh with this this low roof right here. Um

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so we have another tree proposed here. Um so you see the mitigation uh calculations

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1377 square ft uh plus two native trees. appreciate that the staff will help choose the species and of course we're open also as in the staff report to uh uh move move

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it uh if this one needs moving. I'm not sure it does because the tree is being removed but uh when the time comes we'll meet with staff to see how how they can go. Uh, regarding other comments in the staff report, there there is some Joe

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Brillley had some um uh some response. There is some cutting in the mitigation area. He said there was some small limbs uh uh lost a couple of small limbs on the uh a cluster of of

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shrubs, invasive vines climbing the trees. So there were some was some cutting done in there. Um certainly anything that needs to be repaired will be um mitigation out by the shed. Um

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yeah, back in here the whole shed area and up here will be uh planted right up to the existing mitigation and in here. So it for should form a seamless seamless thing. If

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there's some area out behind the shed uh with a good planted buffer there, we hope we get that will come back naturally perhaps. But if the requirement is to do some planting and the leaves will be rem the piles of

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leaves will be removed. Um trees there were some trees back here. said that uh a lot of branches were hanging over the house. Um they were fairly close right through here. Perhaps they should have been uh requested be

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removed at 13 or in 2015. Um but they were dropping branches on the house and the addition um and they he felt they were a danger and had to be cut. So we would like to discuss that and see if we have a after the fact

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approval to uh remove those trees. Um clearing in the road layout as mentioned in the staff report there was some there was in case you missed it there was snow this year. They said the uh plows plows

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did come down, pushed the snow down to the end, piled up snow, scraped it. Um it's it's growing, you know, it's prim primarily fragammites, but some other stuff. We can take a look at that and see, but it is uh there there was uh

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plow trucks through several snowstorms came down through here. Uh prop property line vegetation along here. uh staff has a nice picture of uh some of the uh daisies, Montalk daisies and other others. They they were there prior what

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he said they were there from the other weren't weren't commented on in the other hearing notice and so they kept on planting that type of thing and it is a little you know m mulched and planted there

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that is an area part of that area is where I'll be moving the driveway over to it and then area on this side be fully planted with uh the um uh mitigation tropes. Uh so th those are the comments and I

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will um take down I will unshare. Hold on one second. Okay. Where'd it go? Okay, I found it there. >> Okay, >> thank you, Tom, for that presentation.

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Um, Jen, >> yes. Um, Tom, a couple of things. So, you said they took down the trees because they the branches were falling on the house. But the new garage is going to be six

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feet away from that existing oak. And you don't think that's going to have to be removed? >> Well, it Well, he he wanted to keep it. Uh will >> And you don't think that that What are

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you doing with the foundation for the garage? It is It's not a full foundation. It's just a 4ft. >> It's a 4 foot. It's crosswall. Okay. >> Wouldn't wouldn't take a lot of overdig for a 4ft frost wall

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>> because you are going to impact the root systems probably. >> So, he should take it. He should if he wants to keep it fine, but he's going to have to keep an eye on it because he might damage the root systems to the point where it just slowly starts to die. >> So, um

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>> ideally you would have the contractor back fill at least some of the back fill with some better soil. >> Yeah. >> Not not just the usual back fill. was put in there which would help it survive. >> No craft. And you said, what did you say about the mitigation that was missing

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for the shed where the dumping is that you wanted to grow back naturally footage of of that missing mitigation? >> I don't I I I'll have to put that for you. >> Well, lucky Well, lucky for us, Tom, you don't have a D number, so we can't close

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your hearing tonight anyway. >> Wait, is that right? >> That I just checked, Tom. Oh, >> I can share my screen and show you. >> I didn't even notice that. No, I didn't even notice. We They usually come fast. >> I know. For some reason, yours is missing. I just I literally just double

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checked when you were talking. >> Okay. >> So, we can we can work with you to put that on the plan. >> Yeah. >> As well as the mitigation um or restoration near the driveway. >> Yeah, we'll work with you on that. >> Yeah. And they're clearing on the road layout, Tom.

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Now, everybody loves to blame the plows this winter. Unfortunately, we have photos from near mapap that show that area cleared in 2003 23. So, it wasn't it wasn't >> the snowman. >> It wasn't the plowest time. But nice

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try. >> Yeah, they're an easy scapegoat after a rough winter like ours, but >> nope. We're going to have to restore that little area. But uh I think that's all I have. >> Mr. Chairman,

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>> anything to add? >> Uh yes. I love a good date stamp. [laughter] >> Um so the mitigation Tom isn't quite where you were kind of hovering. If you look on your plan between those

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two trees north of the house, um you can kind of see one of the trees in my picture. So what will and should be a seamless transition between the two mitigation areas, there's just a very large section missing. So if you look um yep >> on your plan, it's that eastern most. If

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if it's missing from the mitigation then I mean what I've drawn is I mean we we will expect that >> well I'll I'll see where that that area is that you're talking about the uh >> yeah if you want to come into office hours Friday or something I can show you uh with the pictures um because your

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staking was you know great on site I could follow where the mitigation was proposed it just didn't match what was on the plan for existing so um there might have been a little confusion there but I can show you what I'm talking about. >> I like it when we do a lot of staking. It's good firewood.

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>> Um, and we can definitely work with you on the proposed tree placement. Um, I I did not take into consideration that one of those trees was going to be removed. I missed that part. I think I just saw the overall tree line was very heavily leaning.

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>> Um, so we can certainly look at that again. >> Uh, that's all I have. Thank you. >> Thank you. I will uh take commissioner's questions. Let's start with you Dan. >> I don't have any.

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>> Steve, >> I also don't have any questions. Thank you, Mr. Chairman. >> Dave, >> I have just one question. Have we made a decision on the trees that were taken out behind the house? Are we going to take any action on that or is it a future action? What where we where are we leaving that tonight? At the staff

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level, they were so close to the house, I [clears throat] wouldn't have blinked an eye at all to be removed. Um, [clears throat] the propertyy's fairly treed. It's just a matter of protocol and getting it properly permitted. >> I see.

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>> We'll be back later anyway. Right. >> That's all for me. Thank you, >> Ronnie. >> Oh, thank you. It's a little unfortunate you don't have that number. I think you could have worked things out with staff on the mitigation and the restoration and uh close. So, I guess we'll see next

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week, I guess, or thereafter. Thank you. >> Yeah, Ron. >> Yeah, I have any questions, but I just want to congratulate. That was a very complicated site and it was one of the easiest plot plans to understand than the couple years I've been on. So, that was congratulations. Nice job. But we'll

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see you in a week or two. >> I'm adding more color to the plans. >> That was great. That was very helpful. Very helpful. >> Learning to use my >> flagging >> and you displayed it first first shot this time too. >> Bared it first time.

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>> Jim, >> I have no questions, Mr. Chairman. >> And Tom, thank you for your presentation. It was very thorough. And I've got no questions. Um, when would you guys like to continue this off to?

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So, um um if you're gonna meet with Alyssa on [clears throat] >> Friday, then you got to get your plan together. I think the the fastest we can get you on is going to be the 24th because we're not meeting the 17th.

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>> Yeah. >> Yeah. >> Let me double check one more time for you, Tom. But I just checked. >> No late breaking news. >> Let me see. I got you, Tom. Hang on. >> Hail Mary. So, he's looking for a Hail Mary.

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>> Let me see. >> I'm Fluty. Where are you? >> No. Sorry, Tom. >> And it's funny like everybody else has the file number. I have no idea. >> Wait, wait, wait. Is it? >> That is weird.

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>> You just found it. No. Oh, no. No. I found something else, please. >> Okay. No, you don't have one time. I'm sorry. >> Well, you know what happened? We filed it and I think Rachel was so good at getting it in and it came up at this

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hearing in two weeks when I actually expected when I was having her bring it over that we would have had the hearing in three weeks. [snorts] >> And if we had the hearing next week, we would have had the numbered. And it >> I and I didn't try to get it in in two weeks. It just happened that way.

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>> So in two weeks, >> it'll just give us some time to button up your plan and get it all. >> Yeah. Yeah. Yeah. >> It'll be fine. >> Square it away. Yeah. >> Yep. Perfect. Thank you, Tom. >> All right. Thank you. >> Two weeks. >> Make a motion to continue this.

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>> Three weeks is it? >> Yes. >> Three weeks. >> 24. >> 24. >> Yeah. Driscoll >> and second. >> Got a motion and a second to continue this hearing until June 24th. Any questions?

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>> Seeing none, I will call the role. Dan >> I. >> Steve >> Patton I. >> Dave >> I. >> Ronnie >> I >> Ron >> I >> Jim >> Mra I >> and Duffy. Motion passes to continue

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this hearing till 6:24. Thank you, Tom. >> Okay. Thank you. >> I'll see you in a bit. The peanut. >> Yep. >> All righty. So, now continued requests.

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All right. So, Robert Franklin West second 380 Wild Harbor Road found with Mass permission to raise and rebuild a single family dwelling with septic modifications, mitigation plannings, landscaping, and associated site work. Jen. >> Yes, Mr. Mr. Chairman, I have promoted

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Tim Santos up to present his project. Hi, Tim. >> Good evening. >> Good evening. >> Good evening. For the record, Tim Santos from Merill Engineers representing the applicant. With your permission, I will share my screen. >> Can everybody see that?

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>> Yeah. >> All right, perfect. So, the property is located at 380 Wild Harbor Road. Uh currently developed in an existing single family home served by town water and on-site sewage pressure dose sewage disposal system. Resource areas on or

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within 100 ft of the property are a bordering vegetated wetland coastal bank and the entire property is located in land subject to coastal storm flowage i.e flood zone. So, we are here tonight looking to

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obtain permission to tear down the existing house, construct a new house in accordance with the building and flood zone standards with a deck as well. We're proposing some modifications uh to the septic system. The septic system

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leeching field will remain, but we'll be installing a new septic tank, a nitro denitrification tank, and a new pump chamber to pressure dose the leeching field. Um all the roof runoff will be diverted to drywalls around the house. Um we provided uh redevelopment

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calculations and this line green color here are the mitigation plantings as shown. We also have a um hatched area behind the mitigation plantings. That's an area that's currently lawn but was formerly

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uh a vegetated area and we're proposing to restore that area. This area was not only vegetated, but there's there was also a small triangle shaped area right here, if you follow where my cursor is, that was supposed to be planted with

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mitigation plantings under the 2015 RDA. So, that will all be restored as part of this project. And the restoration plantings will be planted to offset the increase of pvious area within the Azone and the B zone. Um, this plan that's

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before you addresses the original staff report. Um, I believe we've addressed all their concerns in that report. There was a new one that was just recently issued. Um, I did speak with staff the other day. There's, I think, four minor

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comments. There's two trees that currently exist to the south of the shed um that we'll need to locate and add to the plan. And as part of this project, I forgot, we are removing the shed. Um that shed was installed without a permit, so it will be removed from the

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site. Um the staff asked me to kind of go over the restoration plantings in the hatched area here. I supplied them on the little highlighted exhibit to show what was the vegetation that was removed and what was the um the mitigation that

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wasn't planted. So I believe I addressed that concern. Um the fourth item was we were let me go to this sheet here, we were including the original driveway as part of our calculations for what exists on site.

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Um, that driveway was dirt. We're going to not count that as part of the calculations now. So, we will be submitting a revised uh plan, hoping we can close tonight and submit to staff for approval to increase

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the mitigation plantings here as well as here to offset that dirt driveway that we calculated um originally. So, I apologize for that. I did talk with Jennisser about it yesterday. The only other item was um if

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you've kind of I guess I can do this. Hold on one second. There's a wood chip path that runs down this way. Um, the wood chips were placed. I'm not quite sure when, but Jen and Lis have

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brought it to our attention that they were placed. It is in a wetland. Uh, this is not part of our client's property. We did not place the wood chips there. So, I supplied Jen and Alyssa with copies of the deed and the plan of record that shows this is not on

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our property. So, we're hoping that we can close this hearing and submit a revised plan to show the updated mitigation plan. So, if the board has any questions or concerns, I'd be more than happy to address them. >> Thanks, Tim.

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Jen. >> Yes, Mr. Chairman. We did uh speak with Tim the other day. We are fine with closing the hearing and Tim submitting that revised plan. Um Kim, only comment I have is your client

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should probably go down and speak with the assessor. >> I I did speak with him yesterday about it. Um and he said he will >> Yeah. Because it it clearly shows that that area on the town. Yeah. >> Yeah. So he's paying taxes for land that

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he doesn't own. So yeah, we've possibly possibly [laughter] I mean it was kind of odd cuz your square footage for your eighth your square footage on the lot kind of matches what the town has. So I don't know what's going on but it's something that he should probably take up with the town assessor.

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>> Yep. He he said he he'd add that to his >> Perfect. Great. Thank you. That's all Mr. Chairman for me. >> Alyssa, anything to add? >> Not at this time. Thank you. >> All right. I will take commissioner comments. Steve.

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>> No, it seemed to satisfy the staff and I'm happy with the plan. Thank you. >> Dave, >> uh Tim, can you explain uh I think I missed a little bit your explanation of the driveway and the revised plan. Can you elaborate on that a bit? >> Yeah, let me just share again.

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>> So, I'm going to go here. This was if this is a copy of this is in your notice of intent application. But >> I try to submit these uh what I call redevelopment exhibit plans. It kind of shows what's existing and then what's proposed and how we come up with these

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areas so that it makes it easier for the the board members and staff to understand how we come up with these areas. Um, originally we used the area of the driveway from the 2015 RDA plan and then after talking with staff, it it

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should have been counted because it was a dirt driveway. It it wasn't um >> shell >> wasn't shells, wasn't gravel, it was a it was just basically a dirt driveway that was lawn and then people drove on it over time and it was just beat down

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in dirt. Um, I'd be more than happy to count it on all my projects now if you want me to, but uh, >> so when you say count it counted, you mean count it toward mitigation? Is that what you mean? >> I counted it towards what existed. So I need to back that out from what

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exists. And what it means is that the mitigation plantings that's shown on this plan, >> they're bigger. >> You know, it's going to be, you know, something like that. It's going to be it's going to be bigger. And uh >> there's plenty of room to put it. So

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there's not an issue there. I've already looked. It just can't be counted. >> Okay. >> And that was kind of an oversight on my part. I I did speak with a listener Jen on that and apologized. So >> All right. Okay. Um the other other question I have is on the restoration. Uh what's the origin of that? Was it is

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it was it something? >> Yep. So, in 2015, there was an area about right here, and that was supposed to be um mitigation plantings for

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this set of steps that came up to the roof deck. >> Okay? >> And they were not installed. And then also the 2015 edge of clearing line was here. Okay.

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and and currently our edge of clearing that we picked up in the field is back here. So this was all like brambble and vines and invasives and it was removed and lawn was installed. So >> we're going to remove the lawn and bring

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it back to where the original edge clearing was from the 2015 plan. >> Okay, that's it. Thank you very much for that. All righty, Ronnie. >> Thank you, Tim. I think you can work with staff. We can put this to bed and

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and hopefully Mr. West will get a credit on his uh for the town on his taxes. That's all I [clears throat] got. >> Ron, >> I'm all set. Thanks. That was a good job by all. >> Jim, >> no questions, Mr. Chairman.

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And same for me. As long as staff's good, it's good for me. So I [clears throat] will uh >> Jen, anything in the chat? >> Nothing in the public chat, Mr. Chairman. Sorry about that. >> So Bill, I do have a question. >> All right, Dan.

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>> Um, the plan, unless I'm missing it, doesn't show any outside fixtures other than the rinse station. So there's no condensers for air conditioning or anything else being shown. And I'm just curious, a house this size usually would end up with air conditioning.

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>> It's all being built within the footprint itself, either under the house or within the roof. Um, I've spoken with the architects about that already. >> Got it. All right. Thank you. >> All right. What's the board's pleasure? A >> motion to close the hearing and take it

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under advisement. Driscoll. Second. >> A motion. A second to close the hearing and take it under advisement. Any questions? Seeing and hearing none, I'll call the role. Dave, >> I >> Steve, >> Ronnie,

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>> Alman, I >> Ron >> Escali, >> Jim, >> McGrath, and I >> Dan >> Paul, >> and Dr. Motion passes to close the hearing and take it under advisement. Thank you, Tim. >> Thank you for your time. Have a great weekend. >> Thank you.

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>> Have a good night, Tim. >> Take care. The next two hearings have been continued already. The continued for order of conditions for next we have a continued request to

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amend an existing order of conditions. Maria and James Crowley, 29 Miami Avenue, Falmouth, Mass. Request to amend the order of conditions for Mass D-4722 to raise an existing single family dwelling, construct a new family

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dwelling with attached garage, install a pool, and install mitigation plantings. Jen. >> Yes, Mr. Chairman. and I promoted Tom Bunker from PSS Design and Maria Hickeyi from Maria and Hickeyi Associates to

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present their continued project. >> All right, thank you. Glad to be here again. And I see Maria >> there with a sitting on the water there. Nice view. [laughter] >> I'm just stuck in my office. >> I was outside planting but just came

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inside. Uh yeah, let me share my screen and we'll uh see what we can what we can do here. It's all you. >> Okay. So, uh a week or so ago, we uh two or three weeks ago, we had a a

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hearing and it was continued. Uh, and we met with the staff out there to talk about dillies and and other other things. Um, fine-tuned. It's been this area of English ivy and shrubs

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and area that we had been fully using as mitigation and that was that was incorrect. Um, I didn't take a good picture of it, but there is you see this color here. There's this big ring of dlies around a cesspool cover right there. And that was

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actually supposed to have been removed back well quite a while ago when when we did a septic system upgrade before there was even a town sewer, but it's it's it's still there. Uh so uh we fine-tuned this still the same edge of a lawn, but there

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are shrubs, some non-native forcyia bushes and some uh other native shrubs through here. English ivy uh densely populating around here and uh a few sprigs of it, you know, venturing out

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into the dillies, but I think the dillies grow so dense that it's uh and that's going to be pulled out. Um the dillies anyway, course the forcyia is partly in it. So I don't know if we can get all of that out or not.

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Ulies themselves are kind of invasive. They they crowd everything out. I'll leave Maria to figure out how to do that. But anyway, that and uh we located um well, Maria flagged

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where she would put the lower limit of the uh proposed restoration area is down the bank. Uh that'll stop it there. That's basically the English ivy, the extent of the English ivy going down here. and the the native halamopolia or

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whatever they're called. Uh native native wetland shrubs are further down the bank, but uh the English ivy removal and plant restoration will take part through here where there's uh purplish kind of hatching going down through

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here. I moved the house another just just a half a foot closer to the road again that pushed some of these over the pool moved with it. Uh so we had another half a foot to add some

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mitigation along this line. Um the mitigation only goes up into where the uh dillies excluding that forcyia grow in there. Uh there were previously three

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native trees proposed along here but now there are only two one there. They wanted one down here where a uh oak tree was being removed. This oak tree right here. So they wanted a native tree back

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here and we have one over here, one over here. Um, so that that was the uh changes. I don't know if we fully said it last time, but the it's a the pool has an auto cover. This was at the last hearing and we had

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taken out the fence that cut right through divided the mitigation up. So that was gone. Um, so I moved the house toward the street, Lily area, add restoration area. Um, so there we go. That's the uh new

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plan. And um, Maria, do you have anything to add to that? No, just to thank everyone for their time and consideration and we feel like this is a worthwhile project because the um proposed new house will be further

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away from the restor from the resource area which is always nice to have. Plus, we're um providing the added benefit of a voluntary invasive species eradication by removing the English ivy, which does get into the trees and literally

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strangle them and um acts as a parasite on the trees. So, um we're removing the English ivy, restoring that area with native shrubs as shown in a different color on the bank. So I think one of the main reasons of the continuence is we

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needed to see a delineation between mitigation and restoration and add the square footage and also move one of the trees to be located in the center of the bank. So lot of benefits. Happy to answer any

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questions that you may have. >> I'll bring this down there. Got it. >> Thank you Tom. Thank you Maria Jen. I don't have any questions at this time. Thank you, Tom. Thank you from Maria for working with us on site. Appreciate it.

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>> Anything to add, Alissa? >> Uh, just a note on the quorum. The quorum is Dan, Jim, Ron, Bill. >> All right. Any questions? So, Dan, >> no questions. Thank you. Looks good. >> Jim,

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>> yeah, no questions. It was quite the process, but looks like we're we hit the finish line, >> Ron. Echo Jim, it was a long process and we looks like we're there. Thank you. >> And I uh I agree with that. I got no questions.

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Um anything in the chat, Jen? >> Nothing. >> Actually, I see doesn't look like anything's in the public chat, Mr. Chairman. >> Perfect. All right. You make a motion to amend an

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existing order of conditions. Dris second. >> Got a motion and a second to amend an existing order of conditions. Questions? Seeing none, I will call the role. Dan >> Jim >> McGrath I

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>> Ron >> and Duffy. Motion passes to amend the existing order of conditions. Thank you, Tom. Thank you, Maria. Thank you everyone. >> Thank you everyone. Have a good night. Maria, thank you. >> Good to see the sun out and the temperatur getting warmer.

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>> Absolutely. >> Thank you. All right. Take care everybody. >> That must be Miami Avenue back here. >> And finally, we have vote amended orders of conditions. Paul Lieberman and Rachel Nagger P. Lieberman 2015 revocable trust

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24 Westwood Road Felmouth Mass. Jen. >> Yes, Mr. Chairman. This is the restoration of the overly aggressive invasive species removal that was only supposed to be 10%. Um, so worked with their landscape team. I

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think the only concerns we still have is we want to kind of shift some of the oaks that they have. It looks like they're going to be a little crowded and maybe add some cedars. I think that's all that we're looking to change on the plan at this point.

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>> Okay. Anything to add to this? >> All right. Uh, is there a specific form on this one? >> Yes, I should add that. >> Uh, it is Dan, Dave, Ron, Ronnie, Bill. >> Right.

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All right. So, make a motion to issue an amended order of conditions. Driscoll. Second. >> Got a motion, a second to amend an an order of conditions or vote amended order of conditions.

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And a second questions hearing none. Dan allshy. >> Dave. Can I Ronnie? >> Bad eye. And who else was on it? >> Ron Driscolli

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>> and Ron and Duffy. I motion passes to amend order conditions. All right, that is the agenda as on the the paper there. >> Second. >> A motion to close and a second.

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Any questions? Seeing none, Dave. Oh, go ahead. We can close the hearing. It's not related to one of the issues we covered. That's okay. >> All right. Ron >> Priscoll I >> Ronnie >> Bulman I >> Jim

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>> McGrath I >> Steve I >> Dan >> Jim Walsh and I motion to adjourn the meeting passes. >> [music]