Heat. Heat. Good evening. Welcome to the August 5th, 2026 meeting of the Fmouth Conservation Commission. This meeting is being held virtually via Zoom video conference and is also being broadcast by FCTV on cable channel 9. As this meeting is being
recorded by Zoom and broadcast by FCTV, please be cognizant of what you say, how you say it, and what can be seen and heard in your background. We have a full complement of commissioners tonight and thank you all 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 will be done by roll call. So, when I call your name, please state your name and your vote for the record, even if you've made the motion or second. To our public attendees, at any time during the meeting, you may enter any comments
or questions via the chat function. At the appropriate time, they'll 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 promoted into a hearing as a participant. When you're selected, you must have your video enabled, be
succinct and respectful of others. Public comments will be limited to three minutes each. Regarding RDAs, under a request for determination of applicability, the applicant is asking the commission to determine if the provisions of the Massachusetts Wetland Protection Act and
or the Falmouth Wetland bylaw apply to the proposed project. A negative determination is that the provisions of the act and or bylaw do not apply. Therefore, the project may proceed as proposed. A positive determination means the provision of the acting or bylaw do
in fact apply and or may require some conditions. Therefore, the project would require notice of intent application. So, as an applicant, you want to hear negative determination. For the benefit of anybody waiting for particular hearing tonight, so you don't have to wait unnecessarily. The
following hearings are expected to be continued. 34 Bridge Street, Felmouth, Mass. 20 Associates Road, Felmouth, Mass. 8 Associates Road, Felmouth, Mass. All right. First up, we were going to have an
executive session. However, that is cancelled. Um, if it's back up, it'll be on the agenda in a later meeting. Next up, review and approve minutes. Um, I'll take a motion to review and approve minutes for July
1st, 2026. >> All right. I'll make a motion review the minutes of July 1st, 2026. And I move to accept it. Driscoll. >> Bullman. Second. >> Got a motion, a second to approve the July 21st, 2026 meeting minutes. Any
questions? None. Call the role. Dan >> Ron >> Driscoli >> Dave >> Kenti >> Jim >> Graphy >> Ronnie >> Bulman I >> Betsy >> Ron Felter I
>> and Duffy I next review and approve meeting minutes for July 15 2026 >> review the minutes of July 15 2026 and I make a motion to approve the minutes Driscoll >> Bman second motion a second any questions
Seeing none. Dan >> Walsh. I >> Ron >> Driscoll. I >> Dave >> Tentai. >> Jim >> McGrath I >> Ronnie >> Bulman I >> Betsy >> I'm filter I
>> and Duffy motion passes to approve July 25th. Next up review and approve minutes for July 22nd 2026. I reviewed the the minutes of July 26, 2026 and I move to approve the minutes. Driscoll >> Balman second motion a second. Any
questions? Seeing none. Dan >> Walsh I. >> Ron >> Driscoll I. >> Dave I. >> Jim Brad I. >> Ronnie >> Bman I. >> Betsy >> Bob Felder I
>> and Dy. Motion passes to approve SHI 20 22 26 minutes. First up, we have a request for a continuence under a not intent. Robert and Dana Smith, 20 Associates Road, Falmouth, Mass for permission to reconstruct an existing stone
reventment. Melissa, >> the applicant has requested a continuence until October uh 14th. at the request of the applicant request to uh to move the meeting continue the meeting under uh a notice of intent
until uh October 14th, 2026. Driscoll >> in second >> got a motion a second. Any questions on this? >> Yeah. What what what is it they're doing at this point that's delaying it? >> Do we know? >> Yeah. So, they're looking to work on the
permitting in the fall. Um there's just a lot of stakes in the backyard right now and they're trying to enjoy their summer. Uh they also might make a couple minor changes. >> Are they going to work with the other revetment going on? The bigger one in West Fmouth Harbor.
>> Uh which one in West Fmouth Harbor? >> The big one that goes out that's a hundredyear thing. >> Oh, the one right next door to it. >> Yeah. >> I'm not sure yet. That's one of my questions is because we're using the same access. >> Yes. >> To get to both. So, I don't know whose
responsibility it's going to be to, >> you know, uh, wrap everything up and replant and all that. So, I I don't know yet, but I'm interested to hear. >> Thank you. >> Any other questions? >> All right.
Vote has been called. Dan, >> all shine. Ron >> Driscoll I >> Dave >> I >> Jim >> Grath I >> Rody >> Bman I >> Betsy >> I pelter I >> and Duffy I motion to uh continue this
hearing till October 14th has passed. Now we have request for determination of applicability. First up, Allison Blash, 26 Zel Street, East Falmouth, Mass for after the fact permission to reconstruct a portion of a
seaw wall. >> Staff recommends a negative two under the state and bylaw resource area boundaries are not confirmed. >> All right. Move to determine a work described within the area subject to protection but will not remove field dredge or
alter the area. Driscoll >> Bman second. >> Got a motion and a second. Any questions? Seeing none, I will call the role. Dan >> all. >> Ron >> Driscoll. I >> Dave. >> I.
>> Jim. >> Breath. I >> Ronnie >> I. >> Betsy >> Felter. I >> and Duffy. I motion passes. Next up, James Metrono, 269 Edgewater Drive West. He's found with Mass for
permission to convert existing porches into living space, reconstruct a porch, and install a pergola balance. >> Staff recommends a negative -3 under the state, negative -2 under the bylaw. Resource area boundaries are not
confirmed. >> Move to determine a work described as within an area subject to protection, but will not remove, fill, dredge, or alter the area. Driscoll >> Bowman second. >> Got a motion and a second. Any questions?
Seeing none, I'll call the roll again. >> Walsh. >> Ron >> Driscoll. I >> Dave >> I >> Jim >> Graph I >> Ronnie >> Wman I >> Betsy >> Felter I
>> and Duffy I motion passes. Next up, Michael Bella, 196 Crystal Spring Avenue, Falmouth, Mass for after the fact permission to reconstruct the patio or remove poison ivy. Falmouth, I mean Fallon.
>> Staff recommends a negative two under the state and bylaw resource area boundaries are not confirmed and this project fully takes place in an 8 flood zone. >> Move to determine the work describes within an area subject to protection. We will not remove, fill, dredge, or alter the area. Driscoll
>> and second. >> Got a motion and a second. Any questions? >> Dan >> Walsh. I >> Ron >> Driscoll I >> Dave >> Catch I. >> Jim >> R. I >> Ronnie >> I
>> Betsy >> Felter I >> and Duffy I. Motion passes. Next up, Woods Hole Yacht Club, 58 Barneck Road, Fmouth, Mass, for permission to reconstruct a walkway in
kind and replace existing pylons. Fallon >> staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed. >> Move to determine a work described within an area subject to protection, but will not remove, fill, dredge, or alter the area. Driscoll
>> and second motion and second. Any questions? See none. I'll call the roll. Dan, >> Ron, >> Crystal, I >> Dave I >> Jim Brady, >> Ronnie,
>> I >> Betsy >> I felter I >> and Duffy I motion passes. Next up, Tibbero R and Christristen M. Melo 19 Maple Street found with Mass for permission to raise and rebuild a single
family dwelling. Fountain >> staff recommends a negative 200 under the state in bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. >> Move to determine the work described within an area subject to protection. It will not remove, fill, dredge or alter
the area. Driscoll and second. >> Got a motion and a second. Any questions? >> Isn't this a lot of work to knock a building down and rebuild it under under an RDA? It is a decent amount of work, but we
typically see these types of projects if they're flood zone only. AE flood zone only under an RDA. It's kind of the exception for something like this. >> Okay. Thank you. >> Any other questions?
Seeing none, I will call the role again. >> Wall shine. Ron >> Driscoll I >> Dave >> P I >> Jim >> Grath I >> Ronnie >> Bman I >> Betsy >> I felter I
>> and Duffy I motion passes. Next up, Jeffrey and Amy Man, 130 Birch Lane, Fmouth, Mass, for permission to construct an addition and a deck and to install a new innovative
alternative title 5 sewage disposal system. Fallon >> staff recommends a negative two under the state and bylaw. Resource area boundaries are not confirmed and this project solely takes place in an AE flood zone. Move to determine the work described as within the area subject to
protection but will not remove field dredge or alter the area. Driscoll >> and second >> got a motion and a second. Any questions? >> Seeing none, I will call. Dan ally >> Ron >> Biscali.
Dave >> I >> Jim >> Grant I >> Ronnie >> I >> Betsy >> I >> and Duffy I motion passes for NOIs all hearings of the Falmouth
Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetland Protection Act and the Falmouth Wetland bylaws. Although a single decision of the commission is issued represents a separate decision under each authority. As a reminder, public commenting is
limited to three minutes. So I encourage you to stay within the purview of this board which are the rules and regulations of the wetlands protection act and the fmouth wetland bylaw and how they pertain to a particular applicant. Please know that all correspondence received by the 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 Wetland Protection Act and the Falmouth Wetland bylaws on zoning, health, or building. All right, first up, request for a
notice intent. We got Gregory Ever7 Captain's Lane with mask for permission to deter demolish a portion of the existing house and construct a new addition, expand the deck, install new title 5 sewage disposal system, and install mitigation plantings. Alyssa.
>> Yes. Just a quick note. Uh Mike Beckerly is here. Um I'm trying to promote you, Mike, as a panelist. I can't tell if you're having trouble. Um so I'll send you an email real quick with my work cell if you want to talk through. Um
Mike Burcelli is here to present his project. >> Oh, good evening everyone. Mr. Chairman, for the record, my name is Michael Borceli, Felmouth Engineering, and I represent the applicant. With your permission, I'd like to share my screen.
>> Go ahead, Mike. >> Thank you. >> The property in question is at number 57 Captain's Lane. It's an existing single family dwelling with typical pertinances like driveway, deck. There's a shed, a yard area, a
grass area, and um adjacent to it and just west of it is an undeveloped lot also owned by the applicant and not part of the application tonight. The wetland
resources of note um start on the boundary of uh the eastern shore of Green Pond. There's a salt marsh which is shown by this uh green line. Uh and I show the 100 foot no disturbance zone A from the edge of salt
marsh. It is a coastal bank and the coastal bank is actually uh a coastal bank by uh definition uh under D policy 92-1. It actually runs through the house because this house uh and this area were
developed before there was even such a thing in the wetlands protection uh act and its regulations about coastal banks. But that being said, it meets the definition because it is in a flood zone and it has a slope steeper than 10 to 1.
The boundary follows the flood flood zone boundary and it actually runs along the face of the existing house and then pops out again off the lot. Some of this grass is steeper than 10 to one. So this is actually part of the coastal bank.
And then about here it's flatter than 10 to one and it does not meet the definition. So the base is not adjacent to another wetland resource. Of course we're also in the answer to coastal storm flowage. So this is a
classic redevelopment project in accordance with your regs at 10.18 and we believe we've uh the proposed project meets those regulations. I'm going to show you the proposed plan now.
Um on the on the previous plan, I showed some areas shaded in this light tan area. It's similar on this. The light tan is an inventory of all the impervious surfaces that are within the buffer to the coastal bank.
Um the proposed project shows um what will be for impervious surfaces on the redeveloped lot. Um in the background you'll see red line work which represents some of the existing elements for reference. So the project is
basically to remove the back section of the existing house and rebuild it in effectively the same location very slightly uh bigger >> um like a sliver around the edge. Um
there's a proposed um deck reconstruction. There's proposed uh roof line alterations within the footprint all in an effort to um provide a little bit more elbow room and and renovate the house for the um applicant
who has plans to uh live here more more on a year- round basis. There is uh an existing deck that is above the uh a portion of the existing driveway. Uh by that I mean um this uh
house is what's called a uh considered a walk out. So the lower level or the basement level you can walk out at grade underneath a deck which is elevated one story up and you gain access from the true first floor of the house. So, that
deck is proposed to be um rebuilt. There's also proposed a very small connection to because there'll be doors that'll allow you to come out and then access the deck from the uh renovated uh
rear of the house. There's a substandard septic system on site now that serves the house. The house has three bedrooms. Um the new renovated house will have uh three bedrooms. Um Monday night we went to the
board of health and they approved the new septic system. Since there's no increase in bedrooms, there's no requirement for a innovative alternative septic system, but we've shown that there could it could be retrofitted if the regulations change in the future.
So the um proposed imperous surfaces uh uh are slightly uh greater. I've tabulated here. The existing is 3,130. The proposed is 3,253. Um we're on the bank, so we're not
moving closer because we're already on it. Um I submitted with my narrative um some language that demonstrates how we've overcome the presumptions of significance. Um basically this this bank ser uh has
one function and that's storm damage prevention and flood control because it's a vertical buffer to flood waters. That functions will remain. Um it doesn't serve any other function. It's not eroding. it's not a sediment source
to nourish beaches. So, because there's a slight increase in imperous surfaces, we've proposed mitigation planting. Um, and it's shown here in green. Um, now one thing about the area of mitigation. uh we've had some
consultation with your staff and the staff uh and I just as as most recently as yesterday had a discussion about what actually what type of bank is this and they convinced me and I I agree that it's the type of bank that I had
originally thought it didn't have an Azone associated with it thought it was only B and under B you only have to mitigate it a ratio of 2:1 one, but I was convinced
because it was twoonone um but I was convinced that it's really an Azone and it should be uh 3:1 mitigation. So this area of mitigation would have to grow slightly in this direction and we're we're happy to submit a revised
plan for that. The staff comments were very limited which is always good. Um, two, please show the buffers to the bank. I'm happy to do that. The entire lot's going to be encompassed by the
buffer. They'll go off the site, but I can certainly add the buffer to the bank. Buffers to the bank. And then there was a comment about um it looks like there might have been some historical cutting on the it says on the east side of the property and there was
some photos attached pointing to that uh circling that area and your staff's recommending that um you require the there to be uh sprout management meaning let the um
stumps sprout more shoots and um become more of a vegetated area. It's on the uh opposite side of the lot from Green Pond and the salt marsh, but it's within jurisdiction.
So certainly um ex reasonable and acceptable to us. And um I'm hoping you >> receive this favorably and can close an issue with a condition that I add more
mitigation planting at a 3:1 ratio instead of a 2:1. And with that, I'm happy to take questions. >> Thank you, Mike. >> All right, Melissa. >> Thank you. Yes, as Mike said, we did
chat earlier in the week. Um, so I have no questions at this time. Thank you. >> Anything to add, Fallon? >> Nothing to add. Thank you. Thanks, Mike. >> All right. Well, I will go for
commissioners questions. Betsy, >> I I have no questions. Thanks, Mike. Dave, >> I wonder if Mike or staff could uh amplify a bit. I've never heard the word significance used. What's what's going on there
>> with the coastal bank? I think Mike. >> Yeah. So, when it comes to coastal banks, there's, you know, various functions of a coastal bank. Um, for coastal banks that are a little more inland that maybe aren't exactly
fighting off flood waters, you know, there are ways to where it's still jurisdictional, it's still important, it's still protected, but it might not be significant in serving those functions. Um, so there's a way to like
because you know we we have a lot of properties in town that are in a flood zone that might have a coastal bank on the lot simply because someone moved some earth at some point and now there's a hill. Um, so an engineer would try to overcome the presumption of significance to prove that that's not a significant
bank. It's not fighting off flood waters. It's not um, you know, applying a sediment source to a beach. It technically exists, but it's not, you know, a coastal coastal bank type of thing. >> Um, so significance is used when trying
to describe how it's um exhibiting those functions >> per the regulation. >> Thanks. Uh, just one question, Mike. Uh, the septic tank has been increased in size. Is that correct? >> Yes, the existing septic tank is only 1,000 gallon and the minimum size now
requires 1,500. That's that's being replaced >> uh on the uh on the new uh uh proposed uh diagram. Is that under the corner of the house? >> It's very close. The asbuilt sketch that
we provided was fuzzy. I call I often call them hieroglyphics because it's hard to read. Some some installer back in the early 70s sketch something on the back of an envelope. But we know that if the pipe exits the house there and it's very close, it
would be under the the new small deck we're proposing and it's undersized. So that'll be pumped and dug out of the ground and then the soil the hole will be filled back in. >> All I have. Thank you.
>> All right, Jim. >> No questions. >> Ronnie, >> no questions. Thank you, >> Ron. >> Yeah. One more time. I I um the snow closer to the resource since it's on the resource. >> The new deck is moving a what couple of
feet towards the towards the the the A zone, but it's on the buffer. So, you can move it. You can move closer. It's not really moving closer. Is that what I understand? >> In my opinion, and based on experience in the past, um it's like if you're on
it, you can't really move closer. Yes, we made it slightly bigger, but we made it slightly bigger in a place that's already impervious surface, that being the driveway. Um, so, um, that's why I put some language in the narrative about the type of coastal bank
this is. >> Yeah. and how I've overcome I think the significance of the bank or the importance of the bank is limited and making the deck slightly larger in a place that's already altered in in driveway doesn't change anything with
regard to its ability to function. >> Okay. So it's a there's already impervious service they're just they're just putting a deck where the impervious service already is and it's been for >> Okay. Thank you. Interesting. >> Dan,
>> that's all. >> Yeah, I I I don't think I have a conservation commission related question, but I do have one from Mike on the shed, which is probably going to be building permit issue. Does that shed far enough from the property line that
that's actually meeting requirements? It look, I think I'm reading your thing. It says it's 2.8 ft. >> Yes. So, the shed is not proposed. It's it's um existing, >> right? And it's um it's rel it's very small. I
think it measures like 8 by 12 at most. >> Yeah. >> And and actually the building department publishes a uh little pamphlet about sheds that says if they're under um 100 square feet, they don't need to meet the property line. So
>> All right. Got it. Okay. No, I didn't have anything else. Thank you. >> I don't have any questions. Uh Mike, thank you. Looks pretty uh straightforward to me. Um Alyssa, is there anything in the chat?
>> There is nothing in the public chat and no hands raised. >> All right, make a motion to close the hearing and take it under advisement. Driscoll >> second. Gladfelter. >> Got a motion, a second to close and take it under adisement. Any questions?
Seeing none, we'll call the roll. Betsy >> Gladfelter. I >> Dave >> Pentai. >> Jim McGrath. I >> Ronnie >> Bulman. I >> Ron >> Escal. >> Dan >> and Duffy. I motion passes to close the
hearing and take it under advisement. >> Thank you, Mike. >> Thank you. >> Next up, we have continued request for hearing under a notice of intent. First one knobskapon co Philipell and Judith R. Richardson Falmouth mass permission
to conduct invasive management of common reed Melissa. >> Yes. So in looking at the attendees I don't see anyone from Crawford Land Management here. Um I just reached out.
I haven't heard. I do think we can close it tonight because we were just waiting on state comments, but I just want to make sure nobody comes yet. So maybe we can table this. >> We can table it for the last one and if no one shows up, we can close it. I don't have an issue with that. >> Perfect.
>> I'll make a motion to table Knobs pond. >> Frisco second. >> Motion a second to table not pond. Any questions? Seeing none, >> Betsy >> Gladfelter. Dave >> ti. >> Jim >> Grant I
>> Ronnie >> Walbert I >> Ron >> Eisali >> Dan >> Walsh >> and Duffy I motion passes to table this next Robert Traia 34 Bridge Street F
mass permission to conduct maintenance and improved dredging. Melissa, >> yes, I am promoting Baba Ament and I know that Tom Bunker could not join this evening. So, Mike Borcelli is
available to um ask any have ask any questions to um sorry Mike, I should have just left you up here. I got frazzled when I saw no one from Crawford. >> No, no worries. I think the chairman made reference to the trainer dredging
one, which I think was continued. Yeah, I I did say that one. I don't think they would have >> got frazzled. I'm sorry. Um, Bridge Street, the applicant has requested a continuence until August 26th.
>> At the request of the applicant continue the hearing until August 26th. Driscoll >> Gladfelter. Second. >> Motion second. Any questions? >> We're waiting. Are they still waiting for other permits? Is that what they're waiting for? Um I actually don't know the reason for the request.
>> Well, there's a couple things. Um um they they did not receive any um comments from Division of Marine Fisheries. >> Okay. >> There's been a personnel um uh reorganization at Epsilon. So, there's a
new um epsilon team member who is taking over the project and he's trying to get up to speed. And since there are some outstanding comments from uh agencies, we he they're the lead firm. I just happen to be here um for other things.
They thought it best to continue the hearing. >> Thank you for that explanation. All right, I'll call the role. Betsy >> I. Dave, >> I >> Kim >> McGrath I >> Ronnie >> Bowman I
>> Ron >> Pistol I >> Dan >> Pauly >> Duffy I motion pass to continue to 8:26 next Joshua Bernstein trustees 282 Avenue lot two found mass permission to
construct a single family dwelling with deck and patio install a title 5 sewage disposal system and install mitigation Asian plantings. Melissa. >> Yes. Mike Borcelli is here to address this property. >> Thank Thank you. Uh Mr. Chairman, for
the record, Mike Borceli representing the applicant. Um this is a collaboration with BSS design and Felmouth Engineering. Tom Bunker is the uh um his his uh company prepared the plan. I assisted in the design of the
septic. Uh Tom had a conflict. Um, I don't know that there's a lot to talk about. In the interest of uh not u wasting a lot of your time, I think your your staff summarized things in the staff report. There were some minor
umformational uh matters. One was um um that it was this is in priority habitat and we had not heard from natural heritage. I understand that we
received the letter from natural heritage and there it summarizes that there's no there's no take which is what you want to hear. Um the wetlands data sheets were submitted. Um there was a request to shift the mitigation
that's required onto the law. Um so I think all those things were were covered. Um there was one other minor thing where there needs to be an adjustment in the boundary of a wetland line, but it hasn't it it was late breaking and it's it's very minor. Um
I think you were satisfied at the last hearing on this other than these minor things. So if it's if you'd like I can present more but I don't know that it's necessary and we're hopeful you can close and issue an
order. Thank you, Mike. Alyssa. >> Yes. As Mike said, we received all the outstanding information that we needed and we can just condition a revised plan to be submitted with the new BBW data points. Um, I don't think it'll change
anything. Uh, it probably won't be much different at all, but at least they'll be updated and per the new um, wetland delineation handbook. Um, and just to note that the quorum is Dan, Dave, Jim, and Bill. Thank you. All right. Any questions from either
Dan, Dave, or Jim? Seeing none, I will uh accept a motion. >> Motion to close the hearing and take it under advisement. >> Grant a second. >> All right. Got a motion, a second. Any
questions? Uh, seeing none. Uh, anything in the chat, Alyssa? >> Nothing in the public chat and no hands raised. Uh, well, technically just a note that Bob meant was here if we needed him, but I think we're good.
>> All right. All right. Dave >> Jim, >> graphi. >> Dan, >> all shy >> and Duffy. Motion passes to close the hearing and take it under advisement. Thank you
>> once again. Thank you, Mike. Next up, John H. Gallagher III, 415 Marav Vista Avenue, Fmouth, Mass, for permission to raise the existing single family dwelling, construct a new single family dwelling on pilings, and install a new Title 5 sewage disposal system with
mounded leeching field. Alyssa, >> yes, I'm promoting Chuck Roland from Kan Islands Engineering to present his project. May I ask a question? >> Is we haven't heard this yet, right? >> Right. We're just opening it. So, everyone's on the quum.
>> Close the door. >> Hi. >> Uh, good evening. Sorry, my computer always seems to cut out when I get joined as a panelist. So, um, Chuck Roland, Capen Islands Engineering. Uh, with your permission, I'm going to share my screen.
Go ahead, Chuck. Let me know when this pops up for everyone. >> There we go. >> Great. Um, so like I said, Chalk Roland, Capen Islands Engineering, uh, representing the owners of 415 Marav
Vista Avenue. Um and this property is developed with a a residential lot um with a sorry single family residence. Uh the property has uh 8,851 square ft um and is located at the
intersection of Kamit Street in Marav Vista. Uh and the lot contains both that single family structure um as well as an ADU uh stoneep walkway and a service by a septic system. Um the jurisdictional
resources um at the site um are land sub coastal storm flowage um only. We have a a V zone running along the westerly side of the property with um the majority of
the parcel the in the AE14 and then we also have the um AE12 which cuts across uh that corner right there with the majority of the property located within the limmoir.
Um uh the applicant is proposing to raise the existing single family residence uh wood deck porch uh as well as the step walkway to then construct and maintain a new two-story single family residential home uh to be raised on a pile foundation with a drive under
garage slab. Uh we've proposed a new title 5 septic system here on the southerntherly side of the property. Um and the proposed dwelling is constructed inside the limb one has been designed to meet the requirements for um this zone including on piles with the
lowest horizontal structural number 3 ft above uh the base flood elevation. Prior to the start of start of work, erosion sediment controls will be installed around the property and
zoom in for you. So we have a work limit running around the property uh as well as around the existing accessory structure uh to um prevent any runoff into uh the resources and abuing properties. Uh so we feel that the
project um will not change the general topography of the property or impact wave action or storm flow which the proposed project will not significantly increase any runoff and will result in a measurable impact or threat to the subject resource areas values beyond the
existing conditions. Uh we've proposed several dry wells um on the plan and the project is uh designed and will be constructed in accordance with Massachusetts state building code and the FEMA uh
regulations for constructions in the Limoa. uh and the septic system upgrade um will better enhance filtration to the um before hitting the groundwater um than current conditions.
Um we've proposed two retaining walls to uh put in a raised septic system. So, we have a tank, a pump, and a leech field. Imperous barriers. Um, as well as the the walls. Um,
so just to kind of recap, it's just a standard demo rebuild in the flood zone, new septic. Um, we've provided two different types of drainage. We have H20 uh drainage, which we've located both underneath this patio. Um and uh in the
driveway area as well as just off the driveway for um H20 rated um vehicle rating as well as plastic dry wells in the lawn um on the east side right here for roof runoff.
Um the uh zoning board of appeal application has been filed. Um and like I had said the mass de this this application mass meets mass D as well as the found conservation performance standards for work in the land coast storm flowage. Um and we will also be
meeting requirements uh for the building code for work in a coastal a zone. Uh we do have this velocity zone running on the uh uh cutting off just this western side of the property. And I've shown the
uh 25 foot offset from that for the Falmouth regulated uh Vzone. Um and as I can as you can see I show the wall just outside that Vzone um with the only thing that I proposed inside
the Vzone is um gravel and uh patios. So with that, I'm happy to take any questions. Let me know if you want me to close my screen. >> Yeah, that'd be good. And thank you, Chuck.
>> I swear every one of these is a little different. So, >> Chuck, that's okay. Leave it there because I think there's probably questions on it. >> Okay. All right. Uh Lisa, >> thank you. Uh just two things. One question for Chuck. I'm sorry if I
missed it. Regarding the fire pit, just because it's in the Vzone, is this just a a small little portable fire pit or is this going to be a a solid masoned permanent structure? >> Um, I think that we would be I know that the
commission prefers to have portable one. I didn't want to have to uh pigeon hole my client into having one or the other. uh if this is an issue with the commission uh I think that we'd be happy to condition it that it is portable but um we'd rather not just say that it has
to be one or the other. Um >> okay >> but um I know that that was your only question actually in your notes and because it was kind of a layup I forgot to address it. >> It's okay. Um yeah so and and for the commission just a clarifying note for
this project. Um so the vast majority of this structure is being proposed in the coastal a zone um adjacent to that Limo line. That is that new FEMA flood zone that we have not uh added to our regulations yet. So technically most of
this project is solely within an AE flood zone under our regulations but because it is in that coastal lay according to building code and FEMA it is being constructed to Vzone standards. Um, there are a couple additional notes that we tend to ask for, um, such as,
you know, what the enclosed space will be and things like that, but it's technically not in a Vzone under your regs. So, that's why at the staff level, we haven't asked for that information. Uh, the reason I asked about the fire pit is typically in the Vzone. FEMA does not like to see too many like vertical
structures that could impede the flow of water. Um, so we tend to like to see these areas very flat. Uh, so at least with a portable fire pit, it could be moved. Um, and more with a a masoned fire pit, um,
it might disperse the water. It's obviously very small, so wouldn't do a lot of damage. Uh, but just being consistent, that's why the staff, um, would advocate for a portable fire pit. Um, that's it for now. Thank you. >> Thank you, Alyssa. Fallon, anything to
add to this one? >> Nothing to add. Thank you. Thanks, Chuck. >> Alrighty. I will open up to comments. Uh Dan, >> so just make certain I got the whole septic system. So the the barrier, the third box up on the right hand side that
says proposed impervious. No, down at the bottom. >> Oh, down at the bottom. >> Yeah, down at the bottom. So just scroll back down just so you see my the comments on the go all the way. Keep going. All right. So you see the third box up on the right just next to the house the one that says
proposed impervious barrier around entire system. >> Yes sir. >> Is that actually around and under it or just around it? >> Uh it's just around it. Um so >> okay. So so it does still leech into the if you will the aquaer underneath it. >> Okay. Yes sir. And I was going to the
reason I was scrolling up is it's better depicted in the crosssection. >> Um so this you know this obviously is shown. So, it's the 40 mil polyline barrier >> on both sides.
>> Yeah. Thank you. That was it. That and um Alyssa, correct me if I'm wrong. I think we had reviewed this before and we were just waiting for the zoning application had been filed, >> right? And it has been so I believe. Um >> Okay. >> Yep. So, they're all good.
>> Thank you. >> All right, Dave. Uh my only question is I'm not quite exactly sure how we're leaving the issue of of the uh of the fire pit. How are we leaving that issue? >> Um I think it seems that
the applicant is just proposing a fire pit. They haven't described it. So it'd be up to you guys during deliberation if you would like to uh condition that to only be portable or allow it to be however it's constructed. and and staff,
you guys staff recommends portable, >> correct? >> Okay, >> that's all I have. Thank you. >> I've never seen this commission not uh go with staff's recommendation, so >> I'm I'm I'm not going to fight you.
>> That's why that's why I asked about it. I clarified it. >> Jim, >> no questions, Mr. Chairman. Ron. >> Yeah. I I had a question about the enclosed space, but I guess Alyssa, you took care of it. It's not It's not in uh
in our jurisdiction, so that uh because the rules have changed. >> Yes, it's one of those I've maybe seen two of these that, you know, we've quote unquote missed just because we're a little behind on updating our regs. Um
but because we don't have the Limoa and the Coastal A incorporated into our regs yet. Yeah. >> And this when you eliminate that portion, it would have just been in an 80 flood zone. So I can't hold them to the standard of only having a certain
square footage of enclosed space and not >> and ask how much enclosed space is underneath. >> We can ask. We just can't necessarily >> I'll ask that question just out of curiosity and after all the work we put in a couple years ago on arguing over 150 square feet.
Um, I do not have the uh architecturals with me, but I can tell you that it's it's underneath the entire structure is enclosed >> with like paneling or is it is it solid
walls >> uh with breakaway >> breakaway >> breakaway walls? >> Okay. Okay. >> Which is a requirement for building code. >> Yes. >> Okay. That's all. I have no more questions. Thank you, >> Ronnie.
>> No questions, >> Betsy. >> I have no questions. Thanks. >> All right. I have no questions either. Um, so, uh, if you could stop sharing your screen now, >> figured out how to do it.
>> Alrighty. Um, anything in the chat or any questions in the >> Nothing in the chat? No hands raised. >> I'll make a motion to close the hearing and take it under advisement. >> Driscoll second. >> Got a motion and a second to close and
take it under advisement. Any questions on that? Seeing none, I will call the role. Betsy >> Gladfelter. >> Dan Walsh. >> Ron Briscol. Ronnie, >> I >> Dave,
>> I gra >> and Duffy I. Motion passes a closing and take it under advisement. Thank you, Chuck. >> Thank you. Have a good night. >> Thanks, Chuck. >> All right, Chuck.
>> All right. Next up, we have Coney Associates Road found permission to construct an existing stone revetment. >> Yes, we continued this to October 14th.
>> Oh, yeah. Yeah, this one's 10:14. Next, critic reality trust 8 associates road found mass for permission to install a pool, reconstruct the slot and deck, construct an addition and bulkhead, remove a portion of the existing rip
wrap wall and install mitigation and restoration plantings. Alyssa, >> yes, the applicant has requested a continuance until August 26th at the request of the applicant continues hearing until August 26. Driscoll
filter second. >> We got a motion, a second to August 26th. Are there any questions? Seeing no questions, I will call the role. Betsy >> I felt I >> Dan >> Walsh. >> Ron
>> Chrisai. Dave >> Panti, >> Jim, >> I >> and D. Motion passes to continue this hearing until 8:26. Next up, hearing under an enforcement
order. First up, Michael and Faith Stevens, 33 Mil Pond Way, East Fmouth, Mass. unpermitted clearing and installation of a patio and conservation jurisdiction. Alyssa. >> Yes. So, I have been in communication with the homeowner and he could not be
in attendance tonight. So, there's a request to continue this until next week um August 12th >> at the request of the at the person under the enforcement order continue this hearing until August 12th. Driscoll
second. >> Got a motion and second we continue this until August 12th. Are there any questions? Seeing none, I'll call the role. Betsy >> Glad filter I >> Ron >> Priscal
I >> Dave >> Kenti >> Tim >> Grath I >> and Duffy a motion to continue this enforcement order till next week in 820 812. Next up, Linda Jeffrey, 63 Gerard
Avenue, found with mass unpermitted removal of a dune. >> Alyssa. >> So, Jen and I met with the homeowner uh maybe a week and a half ago. Um the homeowner will be addressing this um
matter under the filing of a notice of intent. Um he did check in today. He is obtaining quotes from engineers. So the process is moving forward. So I figure why don't we push this a month to September 2nd just to keep it on the agenda until that NOI comes.
>> Okay. Motion to continue this enforcement order till September 2nd. Driscoll >> moment second. >> We got a motion and a second to continue this enforcement till no uh September 2nd. Any questions?
>> Seeing none, I will call the role. Betsy felt right. Dan, >> Ron, >> Ronnie, >> Dave, >> I
>> and Duffy. I motion to continue this hearing until 92 passes. Next up, vote order of conditions. Um, Melissa, I don't believe I'm on the quorum for either of these two, right? They were last week. Um, let me see.
>> Right. You are not on um any of the three votes tonight. >> Is um is Mike? >> Um >> who is on the >> Well, don't forget we have to unt so
nobody leave yet. I don't >> Yeah, >> I haven't checked that quorum. Um, but let's just say for the first one excludes Bill and Ron. >> Okay. >> And then we'll just keep going from
there. >> Thank you. All right. First one up. Uh, vote order of conditions for Stephen and Judith Kaufman 71 Childs River Road Ma Felmouth, Mass. Alyssa.
>> Yes. So, this was a twofold project. Um, part of it is to restore a salt marsh that has been um eroding over the years and they're noticing some damage on their seaw wall. So, they'd like to reinforce that salt marsh again. >> Um, another part is to uh conduct some
invasive species management in the buffer. Um, there were a couple notes from staff based on an old order of conditions. There was a requirement for a 10-ft buffer strip around the revetment. I was not specific. It is not on the pool side, but more so the house
side. Um, and there's just like an extra path kind of going through that I think should get filled in. And it it might need one more row of plants just depending on the measurement. Um, so really just a condition to make sure that buffer is intact. Um, we recommend requiring monitoring
reports obviously uh just to ensure that the project is uh successful and if there's any concerns midway through we can help address. Um it looked like there might be some cutting so um that hasn't been permitted
so that is to stop. Um the staff also does not support the use of that little cobble edging that's being proposed. Um in the restoration project um it just conflicts with the idea of using a soft
solution first and I just think it'd be a very slippery slope to go down um to start allowing the cobble. And I think that's it. All righty.
Take questions for Alyssa. Betsy, >> I I have no questions. I agree with all of staff's recommendations. >> I'm trying to figure out where did the fans end up. We discussed it during the meeting. It was supposed to be left in for two seasons, I think. I just don't
know where the staff ended up on that issue. >> I think if it was seasonal, it would be all right. Um, >> no. It's not it's not a seasonal fence, is it? >> No, it was >> that it's a permanent set fence until
the vegetation has been established. >> Okay. >> So, what they described was they wanted to leave it in for two seasons to get it established, but that was all. >> Well, then don't make any comment. That's what that's what is proposed in
the that's what they proposed in their NOI. >> It they didn't have a time frame in their NOI. That was their answer to my question. >> That's all right. >> That's why I'm bringing it up so that we capture the time limit. >> That was all nothing else.
you >> Ronnie >> uh following up on Dan's I think so do we need to make a note of this in the conditions is that what we're doing okay that's good >> yes >> okay >> no questions I'm all set
>> I'm all set thank you Jim >> Mike anything >> for Hey. >> All right. >> So, before we do that, just motion for this is not on the quorum. >> I just want to ask one more question.
So, um Alissa, were you going to require a new plan or no to capture the changes? >> Yes. >> Okay. Thank you. All right. No, no, nothing else. Sorry. Well, I'm unclear with what Dan brought up.
>> Do we want to put a time limit on the fence? Do we want to just stay until it's established or do we want to make sure they get it out of there? >> I mean, if they're proposing two growing seasons, we can um put a requirement
that they, you know, notify us >> if they have if it has to be longer than that, they have to come back for permission from you, >> right? >> From the staff. Mhm. >> Okay. >> Ready to accept your order conditions as
discussed. >> Second. >> All right. We got a motion and a second for issuing an order of condition as discussed. Any other questions? Fine. See none. Betsy >> Glad filter. >> I Dave
>> Breath >> and Mike. >> All right. Motion passes to issue an order of dis conditions as discussed. Next, Joseph and Nancy Buckley, 32 Siri Lane, East Falmouth, Mass.
Melissa. >> All right. So, this one had a couple different components to it. Uh, the first is the grandfathering of an existing dock on the property. Um, staff only had a couple concerns regarding it. Most have been addressed. Um, but we
would like to see a condition to require lengthening the ramp system for the dock because they're currently walking through the wetland to get to it. Um, so I think by extending that into their already existing staircase, um, you know, it seems like a modular dock, so
hopefully it's not too difficult to get two extra pieces and just kind of lengthen it that way. Um, so that was one. A couple other features here. Redoing the steps down to the water. Moving around some gravel. Reoing the
patio. Um putting in some dry wells cuz there is some runoff on the property. They had a couple dead trees that were removed and seeking to remove a couple more that are very very large and in between the two homes.
Um, the other main feature of this project is to install a retaining wall, a short compared to the other ones we've seen recently, a very short profile retaining wall just to create a flatter, more usable backyard space. Um, it's not
moving closer. There is a small amount of fill and they are um being mindful of the property line. Um there was some confusion over the property line though we do have a stamped plan in front of us attesting
where that is. Um there was a little bit of confusion about trees to be installed on site. Um, I think we landed and I know Betsy had
contributed some notes to this topic was maybe putting in a little Cedar Grove on the I think it's northern side of the property and maybe a smattering of a couple others. Um, I don't know if we would like to define a number. The engineer was asking for one, so maybe we
can come up with that. >> I think we discussed seven, >> correct? >> Seven total. >> Yes. >> Okay. I mean, if they want to put more, they they can when you're putting it, but >> Right. Okay. So, we'll do seven there.
Um, I know they were interested in a vista during the process. I'll have to meet with a certified arborist just to go through that. And the last point is I re-reviewed the mitigation calculation
and they're actually removing far more than they're adding. So they don't even need mitigation. Um so we can make a note about that. They may want to leave some gravel now. Um, so you know,
some of that little impervious surface numbers might change a bit. Um, if they do need to plant any, we had a couple notes on the planting list and I think Elaine was more than happy to uh make some changes there.
So, several small things, but very doable to condition. >> Okay, >> that's all I have. All right. Questions, Betsy. >> I have no questions. >> All right, Dan. >> So, there's a whole bunch of of random
sort of boats and things sitting on the property, which I assume we're going to just make notes. They have to be removed unless somebody's gone out there. It seemed that they've already been removed. >> Yes, there I do remember the abandoned boat kind of by the wetland. I was told that was removed. Okay. There was a
float and block stairs that went to the current configuration of the dock. Um, so those will no longer be stored there. They do have a proposed location on the property. Um, was there anything else you >> Well, there was three kayaks sitting on
the bank when I was there. That was a month ago or more. >> Yeah. But >> Okay. It might have been after I had been there, but we can ask them to um propose a kayak rack in the upland so they're not being stored on the beach.
>> I think that >> that's it. Thank you. >> Ronnie, >> no questions. >> Dave, I'm all set. Jim, >> no questions, Mr. Chairman. Mike, >> no questions.
>> All right. I'll make a motion to issue an order of conditions as discussed. Walsh >> I filter second. >> A motion a second to issue the order of conditions as discussed. Any other questions? Seeing none. Betsy
>> Gladfelter. I >> Dan >> Ali. >> Ronnie >> I. >> Dave >> I. Jim >> McGrath I >> and Mike >> I >> okay now vote amended order of
conditions Anthony Javini Jr. and Elena Beini, 42 Squibnocket Drive, East Falmouth, Massachusetts. Melissa, >> yes. So, this amendment was brought before you with a request to change the uh required timeline to address the
violations on the property. Uh Jen and I have met out there with the crew that will be dismantling the wall, regrading, and installing the plantings. um and they have availability closer to
the fall. Um also it would give them a little bit more time to make sure everything is settled prior to planting. So they are seeking approval to complete the work by April 30th as opposed to October. Um and the staff is amendable
to that request. >> Wow. Who is on on this quorum? Um, it will exclude Ron and Bill. >> Okay. >> All right. Since it's just basic, I will
just if anybody has any questions, just >> Nope. >> And I'll make a motion to issue an order of conditions, an amended order of conditions as discussed. Gladfelter. >> Bullman. Second.
>> All right. I got a motion on a second to issue an amended order of conditions as discussed. Are there any questions? Seeing none, Betsy. >> Gladfelter. I >> Dan >> also question I >> Dave
>> I >> Jim >> Graph I >> All right question. >> Yeah I'm sorry I did have a question just I just I'm just trying to clarify. I also have a packet of information for
32 Squid Naka Drive. I just want to make sure >> we are talking about 42 Squid Naka Drive. >> We are 32 will be on the hearing for >> next week. I think >> it's either next week or the 26th. I
don't recall. But yes, not for tonight. >> Thank you very much. Uh I have no uh I I Beckerly I. >> All right. Motion passes to and issue an amended order of conditions. All right, we have a table motion. Has
the the applicants showed up? >> I have not seen them. That said, there wasn't meant to be discussion. >> Um, so if we want to open it, I can just kind of run through it. I'll unt I think motion to untot
table. So Betsy >> Gladfelter I >> Dan >> Walsh >> Ron >> Priscal I >> Ronnie >> I >> Dave >> Kai >> Jim >> Grath I
>> and FBI motion on table has passed. All right. Was >> Yes. And to clarify, the quorum is Dan, Dave, Jim, Ron, Bill. >> Uh, actually, I'm on this >> by the whatever the rule was.
>> Oh, yes, you did read in for us. Thank you. Um, yes. So, this project was brought before you a couple weeks ago. They're looking to conduct some follow-up fragmitees removal in eight little scattered locations around
Knobska Pond. Um, this was done years ago, so it's it's looking a million times better. So, it's really just some spot followup um to be conducted, I believe, in the fall.
Um, ultimately we were continuing this hearing to wait for natural heritage comments, which we actually did receive some. Um, ultimately the state had some concerns with the salt pond penny wart that's located in this area. So, they're just requiring a little extra work from
Crawford um to ensure that the penny wart is uh, you know, not disturbed or negatively impacted during this process. So basically all of the um conditions that the state has we can add into our order of conditions. Um we just would
like to be in the loop, make sure the state is okay with the process they'd like to undertake and obviously if anything goes south um to kind of notify us so that we can be in the conversation on how to you know move forward. Mhm.
>> Um, so at this point, um, I don't have anything else to add to the special conditions. I think all of our questions were answered previously. >> Make a motion to issue an order of conditions for Knobs Kapan Fragmite.
>> I think we're closing the hearing, right? >> Yeah, we're closing hearing. Okay. >> Oh, what did I say? >> Order conditions. Jim, one step ahead, >> right? Close the hearing. Okay. And take it under advisement. Fiscal second.
>> Take it under advisement. Sorry guys, it's been a long It's been a long >> second. >> All right. I got a motion second to close and take it under advisement. Any questions? >> Yeah. Just do the property lines going include the pond? I know that's not a question for us, but just looking at the
the map, they looks like the property lines go right across an obstacle pond. Um, so this isn't an official survey. Um, they did come before the board maybe a year ago and got your guys' permission to
>> propose this project without a PLS stamped survey. Um, I do know that they've been in touch with all of the property owners to do the work and they have different permissions for different access to get out there. So I don't know exactly where those property lines are.
Um, I do believe they're close to what it shows on Crawford's plan. Um, but I don't know surveyed exact where they are. >> I hate to see an argument about your property line on a pond. That's kind of tough. Okay. I'm sorry. Uh, no more questions.
>> Well, it's not a it's not a stamp plan, is it? >> No. >> No, it just shows the line. The property lines going right across the pond. Yeah, but if it's not a stamp plan, there's not much of an argument you can make.
>> No, I do believe they sent in um letters from each property owner granting permission for the work to take place just to cover their bases. >> Okay. All righty. I will call the role. Betsy >> Gladfelter. I
>> Dan Shai. >> Ron Eye. >> Dave >> Dai. Jim >> McGrath I >> and Duffy I motion to close the hearing and take an under advisement passes.
All right. So I believe that is it. >> I got a couple of questions just so my notes are right. So we on 8 Associates road did we continue it till 8:26? >> Yes. >> All right. And a general question since
you brought it up, Alyssa, in terms of getting the regulations updated to reflect the current AE zones is what's the sort of timing for that to happen or what do we need to do to try to move that forward? >> Um, so I don't have the timing. I would
have to check with Jen. Um, essentially the commission held uh a number of hearings over the winter of 24 into 25 about various little things in the regs that we can clean up. Um,
and a couple new things to incorporate. Uh, it just hasn't really come to fruition yet. Um, but I can check with Jen and kind of see what that timeline is and figure out if we would like to do a um total rehaul everything at once or kind of peacemail it. >> Okay. All right. It' just be good to
know what's going on given it sounds like there's differences between what the state's currently requiring and what we've got in place that we ought to just get resolved. >> Yeah. >> So, is that something that Jen can talk to us about at the next meeting or is she need to prepare something or do you
not know? Oh, it would be a lengthy process. We wouldn't have something to >> No, I don't mean something to approve. I just meant to talk about timing of what's feasible. That's all. >> Um, yeah, I could let her know and we could try to talk about that at the um August 12th hearing.
>> All right. Thank you. >> That was it for me. >> I'd like to make a motion to close second. >> Motion and second to close the hearing. I don't see any hands up. I will call Betsy Felter. I
>> Dan >> Walsh. I >> Ron >> Fiscal I >> Ronnie >> Wman I >> Dave >> H I >> Jim >> McGrath I >> and a motion to close the hearing passes. Well good night.
>> Thanks guys.