Welcome everybody. We have the June 24th meeting conservation mission stand. Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and
justice for all. All right. First on the agenda, permit for Manny Alexander. Well, we'll skip that. What do you What you are you here for the Rebecca Eaton? Yes, I am. All right. We'll go to we'll go to Rebecca eating notice in 101 have a flame remove
trees in the river and flood zone. That's your butter's notification. Thank you, sir. Notification. Six of Thanks for making gentlemen. Um well, if the air conditioning wasn't working, it would have been a pretty quick meeting to do it. Well, and in this in this
town, you have a better chance of the air conditioning not working than working. All right, Bob. Go ahead. I am a my name is Mark Roberts from analysis and design engineering and I'm presenting a plan on behalf of Rebecca Eaton at one lane off
of PL. It's a small and Chris I think you're right. There is just one dwelling on that lane. Um what Miss Eaton is wanting to to do uh involves activities
within the buffer zone of a salt marsh and a tidal creek Allen Creek as it's called tributary to the Westport River. Uh we've got a rather flat coastal um uh saltwater marsh with a stop up right at
the edge of the uh upland area, if you will. Uh and then it continues to move up gradient towards the dwelling uh in the property. Uh we've got I'm showing here the 12 trees that Miss Eaton is
looking to cut down and then replace with shrubs in the area. Uh there's a total of 12 trees right along the edge uh of the marsh. Uh proposing erosion controls right at that bank embankment where it steps down into the marshy
area. Again, those 12 trees are on the property. They've been tagged and marked. Uh I'm showing representative areas in these two zones to the north and to the south where we got some shrubs that we want to replace there. Those trees are to be cut down, two
graves. Uh the stouts to be ground to prevent regrowth and then subsequently the replanting of the of the shrubs along that area. I'm showing you here the the um 100 foot a buffer zone. The
uh flood hazard zone, this is this isn't a flood zone, AE elevation 12. The pink line represents where elevation 12 is on the property. And then lastly, we've got a 200 foot uh buffer to the Westport River uh at its tributary there too,
Allen Creek at 200 ft. So that's what she's looking to do. Get rid of those trees. They're some 50 feet tall. a completely blocked any visitor to the uh to the river and to the view. And lastly, there's one tree that's going to be a Butters property.
We've got some uh correspondence that I submitted with the package. Uh that tree is about 13 ft off the property line, off the stone wall. It's beginning to grow and encroach on the line. So, she's looking while she's got the equipment down there to send the guys over, no equipment, and prune that side of the
property where it's overhanging onto her property. And there's an endorsement letter from the Aba. Uh, Miss Loran is the name and she's got that's with the package. That's all I got. John, thank you, Mr. Chairman. Members, Rebecca
Eaton, one Havalook Lane. This is a notice from 10 application filed by analysis and design engineering. Uh Mark Rodri's report date is June 23rd, 2025. There is a file number. It's SE802804
with no adverse comments. Site visit was also on June 23rd, 2025. Description work. The owner has filed to cut down 12 existing red maple trees varying in size. The trees exist along the lower portion of the property and within the riverfront buffer zone and
flood zone to the Westport River. The sumps will be ground to grade and replaced with 20 shrub plantings with native species. That's what's proposed. The new plantings will be placed along the same general area as the existing trees. The owners will also trim one
large maple that has branches extending over the property line from the north. As Mark mentioned, they have the butter's agreements on that wetland line was walked and is accurately shown. The property has a maintained field edge right up to these trees. So this isn't
trees just sticking out of nowhere. They're actually on the edge of the actual maintained lawn. Uh so the activity is closer to the BVW than anything. Um but it is within the 100 foot. Um the activity is within 100 ft of mean high water limit of the
riverfront and along this wetland edge. However, under the Rivers Act, it meets the minor exemption requirements because it's in excess of 50 feet uh from the mean high water jurisdiction. But in this case, this isn't vista pruning.
This is actually your full tree removal. Um which again, as Mark mentioned, is more for a vista of the river beyond. Um and that's what she is proposing to get out of it. The recommendations. The Westport Conservation Commission should
approve the tree removal and replacement with 20 new native shrub plantings with standard conditions. Mr. Chairman, that is all. Happy with the com. You okay with that? You any questions?
Thank you for asking for her permission first. Did you already come down? No. No, sir. No. I'm saying compared to everyone else in town. No. She she she she is trying to be compliant here and she's been patient in getting this activity done. You have a change running right now. Way to go. Uh she's got a
company that's on standby. Yes, sir. Why why cut them all? I tried to reason, but you know, so I asked that's why I asked for the other species to replace it just cuz she wanted something growing a lower. Um and she has arresties property
right beyond. So these trees are the only obstruction for um a 220 degree view if not maybe more than that. So I know the property she's got pretty she's got pretty good view already. Yes,
I know. Having like a very good view to a great view when you take down all the trees like Do you want you want to put more bushes up? I just fine. How far are the trees from the edge of the marsh in the wetland line? They're
right along the right along the maintained lawn area and then it drops into into the marsh. So they're right close the step. Yeah, they're probably I'd say 6 to 8 ft in some areas from that edge. There's only one that's very close. That's the the little the small
one that's in the corner there. But they're mature trees and maples. Yeah, maples you can't cut. If you cut them, they're going to sprout and grow in 15 more. So that's why they're not really conducive to trim and they they can get
and they get very aggressive even when you trim them. So that is mostly deterring factor for the trimming or maintaining of such. And I asked for the shrub species cuz I knew she was maintaining more of a a visual aspect.
So, if the commission maybe wants to enhance a couple more shrub plantings, um um that is acceptable with with me. I went from 12 to 20. That's that's what we've done now. 12 12 se uh seedling
shrubs uh replacing the 12 wings to the wall. I just I don't want you know I don't want to be difficult and I hate telling people they can't and can't do it with their yard but I mean it's just I know Arresty's property has almost no trees. I mean she's got a very
good view already. I mean it's probably within the law. So I I guess I'll vote for her. Just it's one of those things where you just kind of hold your nose and vote for it. All right. Anybody else have a question?
Trees. All right. Look for a motion. I move I move that we approve the tree removal and replacement with 20 new native shrub plantings with standard conditions. So second,
do we have to sign? You don't got one on top. I'll ble you off, huh? No, let me go grab one. I must have messed up. Thank you. Yeah, there's a beautiful stone wall.
Yeah. With a little pond rest place. Okay. Is the is that before the blueberry? Uh just past it. But you know because of
the embankment the up high up high. You get view was good. Her view was fine when the trees there. Whatever they are trees. She's We need a second page for this last. Yeah, no worries. Yeah, take your time. Do you guys like David
Moore? Yes, sir. Southwest. It wasn't as bad. Yes, it was worse. It was awful. Oh, I went home. That's y medicine. I know he was not in the
canopy, but I'm not tell you. You can't You're tell I think he was like He's like, "Great, right? You should embarrass him. All right, I vote from now on. All right, I'll tele.
All right, David Moore, notice of intent 144 Cherry West Lane after the fact to construct elevated dune staircase landing walkway um and back plantings and coastal resource area land coastal
stone floor. Good evening, gentlemen. and Chris Gratelli. I'm a wetland scientist with God Consulting on behalf of Dave Mora tonight. Um I think we are all generally familiar with this property to some extent at this point, but as a little bit of background, this came up as a
result of an enforcement order a couple years ago, lingered for a little while, and we're here to finally permanent with this after the fact that intent. So the enforcement order generally consisted of you know two main elements was the construction of this staircase on the
back dune slope here. Uh that was constructed essentially embedded into the dune. So obviously not the separation that we're looking for typically. Uh and then the second major portion was a variety of clearing kind of on this backd flat area here.
So our proposal at this point is to essentially keep that staircase exact same footprint elevated up on helical piles 2 feet above uh the dune surface to allow for that movement of sediment below. Um got you know details of these
over here generally pretty standard. Uh I did confirm with the engineers that those piles could be backed out to maintain separation if needed over time. Um so that's the stairs. When this initially came to you, there was a landing proposed at the top of that staircase that has since been removed.
So, it is just access from bottom to top. The second part is to address kind of the uh clearing on this back dune flat area here. Couple representative photos. You can see the stairs obviously embedded right in the dune. Uh and then
here is essentially the opposite view of this looking back towards the house. So, we put together uh a little planting plan and went back we went back and forth with Chris a little bit to find some more appropriate areas for those
plantings. Um so, what we're looking at here is a planting swath along this footpath here. You can see it's, you know, generally fairly poorly vegetated. Uh as well as kind of along the back of the lawn here, kind of a transitional
lawn zone. lawn is a little generous, but uh again a relatively sparssely vegetated area. Most of this zone where that understory clearing had occurred um has kind of come back on its own pretty well in the intervening time. So we are
looking at uh 19 black cherry plantings, 21 bush blueberry and about 250 plugs each of beach grass and switchgrass. So this was laid out a little bit to uh you know both provide some native plantings that black cherry, beach grass,
switchgrass all do really well there already. So we felt those were appropriate. Uh we left it a little bit sparse because natural heritage is concerned with spadefoot toad habitat here. Um and their preference is more open sandy areas. So you know we're
putting vegetation in there but also leaving a little bit of habitat for the toad. that seemed to be their primary concern as we had our pre-filing preiling meeting with Heritage. Um, and that is the gist of the proposal here. It's kind of been simplified a little
bit since its first iteration. I will also note there was a shed that is shown on the site plan that has since been removed. So, that is out of the equation at this point. Um, so any questions I'm happy to answer. So, what happened to you get to the top of the stairs? to just go back to the top of Dune or just
Yeah, it's just it's just top of Dune. Um, so there is no photos on the file, Mr. Chairman, but Yeah, I mean it's not a landing that you put a chair and a table on, but it's just enough landing to be able to walk onto that um surface.
So the elevation after that, is it steep going back down there to get to the beach? Yeah, but he's again just for Chris. I didn't mean to speak out of turn here, but he's proposing just to get to the top of the hill and figure it out from there. Figure it out from there, which is pretty much what
everyone else everyone else kind of does. But he does legitimately have some legal accesses that are described on um recorded plans of Bristol County Registry because this is land court land and there actually is a few access paths
that don't necessarily stay on his property but he can go over towards the west and get onto that path and cut down. So yeah, on that topic, the plan does show um a sketch that was recorded in land um that kind of meanders again comes on
and off property and it's only vaguely reflective of the actual access that's used today. So we did uh the same plan to just kind of this is at the very top uh to kind of limit offtarget foot
traffic and and just have you see the top of the stair there and then this is what as you look down beyond we open for discussion. Yeah. I mean, this has been a long drawn out ordeal, obviously, but it it seems like the the
grade going from Cherwood Lane up to where the stairwell ends, it's not really steep. It wouldn't be a whole lot different if it was just a a walking path. No. No. This This is it steep?
It's really This is like the steepest section. It's like a 35 foot elevation gain. Yeah. Along that staircase there. This This is This is legit. You could, and I know some people do with a little rope and pull themselves up, but no, this is the
whole intent was to get up and over to once you get over, I think, as we all agreed is it's miserable to come back home. But, uh, that that's the that's what Mr. Mora would like to construct. Um I I'll read my report and then maybe
that'll help. Uh David Mororrow 144 Cherry and Web Lane. This is a notice of intent uh with Chris Radioli from Guarded Consulting. June 23rd, 2025 is the date of the report. Uh this is file number SE802795.
As uh Chris mentioned, we do have natural heritage and endangered species comments. Uh and also I was on the site again on the 23rd of June. Description of the work the owner has filed to comply with the enforcement action taken for the coastal dune alterations and stairwell constructed up to the back
dune at 144 Cherry and Web Lane. The after the fact NOI has been submitted with proposed coastal dune restoration plantings maintaining the 4ft walking path and an elevated staircase elevated 2 feet above the dune per the wetland protection act. The existing stairwell
be removed from the back dune as this this was timbers built right into the dune which is where the adverse effect had occurred. A new helical pile design stairwell will be constructed within this disturbed area. The plan referencing is maintaining a twoft separation from the dune to allow
movement per 310 CMR 10.28 uh A throughF which are the conditions for coastal dune activities. The applicant has agreed to restore the uh disturbed areas with native coastal vegetation rather in two remaining areas. Um this enforcement order dates
back to 2019. So there's been a few years now that this area has been able to reestablish. After my site visit to the site and where Goddard was constructing or proposing rather their enhancement plantings, I felt that area
was already uh natively bringing itself back not to the height it was but it had all the species there. I thought it would cause more of a disturbance. So specifically where he had that walking path, he's been maintaining it on the
east side to the point where it there's nothing growing cuz I think he keeps weed whacking it. So and immediately behind the house, he kind of kept maintaining it um in an area he had a dog or a a shed as he mentioned. So I
think this is where the area should be concentrated with the plantings. After discussion with Goddard, they agreed after a little kickback from the land owner, but he understood what my concerns were. I'm trying to get him to be in compliance with something that's
been outstanding for many years. Um, I'm not disputing that he has the right to get to the beach, but he was trying to add more to this project than I felt was necessary at this time. Uh, and that was trying to access all the way to the ocean. Um, so they also at the top of
the stairwell had a proposed 12 by 12 uh platform landing. It's right in the middle of the dune as you could see. Although they were trying to place it beyond that area, I just don't think the dune is meant for recreational use. I think it's meant to get up there and
proceed to the beach and and do your thing. So after a little throwback, they reduced it from 12 x 16 to 12 to 12 x 12 rather. and then they eliminated it totally. So I think now what Mr. Moa and Goddard is representing is uh something
that strictly brings the site back into compliance. It satisfies the outstanding enforcement order uh specifically. So my recommendations for the board is the Westport Conser should vote to remove the enforcement order and allow the restoration and the new elevated
stairwell as shown on the revised plan dated June 4th, 2025. with an issuance of an order of conditions for file number C802795. Special conditions for the elevated walkway is to maintain a twoft
separation uh even when the dune may accumulate sand removal of the old access stairs and restoration uh with the shrubs and the tree plantings as Goddard has provided in in an attachment that you see uh there before you. That
is all Mr. chairman. Is this going to go the They have to uh It has to grow in it two years a year. Yeah. Yeah. There there is the three-year time frame, but yes, they should have a 2-year replacement um to maintain at least hopefully 75% of that growth.
All right. Any other questions? Chris, is this is this property for sale? Are there new owners or is it The property may still be on the market? That's one thing I discussed with the owner that, you know, he was trying to enhance something that I know is on the market. So, why don't we just finalize what was
the violation and and go from there? So, um that's Yes. My concern with that is it is it going to be specified that the new owners can't do other than what is already Yeah. disorder conditions would would be recorded at the registry and and I think
uh I can't guarantee that no landowner or new owner would think they can continue to So are we going to include in that order of conditions no Moby mats platforms or man-made walkways through those dunes? We can state that if you'd
like. I I just know that there had been some issues with uh some bird monitors from this property owner dealing with the pipe and clovers that uh were nesting on the beach front. So, appreciate it if it was probably at least uh laid out more detailed. That's
fine. you want to the plan does reflect those changes what has currently been revised but no if you wish to make it clear that uh we're referencing that the moy mats are not to be placed or any uh wooden structures in the dunes I mean as we know the town
doesn't even put moby mats in for their access from the parking lot to cherry web for that you know exact reason so yep thank you any questions so if we if we approve this as constituted. This is I guess a
question for Chris. Um does it does it open the door for any does it make it easier to expand upon this down the road as you know as an addition to
an existing structure? I would say no. They still have to abide by the regulations and the regulations is specific about how you traverse across a dune and have to be elevated. It has to be ele not necessarily elevated but you can't impact the
vegetation. So this property immediately goes downhill on a 45° angle. This property is not conducive for an easy access to the beach. So if somebody wanted to commence that, they certainly
could. And I would recommend more of a boardwalk structure until you got to the lower elevation. This area is also very volatile because it's open and it's not vegetated. So this area is why Mr. Moira caused some adverse damage to the dune
is because he removed that vegetation. The wind was able to push that sand forward. And in some cases, in my opinion, this dune moved about 3 to 4 feet in one area because of that lack of vegetation. So if anybody wanted to do
anything in there, it's going to have to be, as Mr. Miranda did, considered maybe in a very dramatic effect, but someone could consider it. But we could also we could
also vote vote it or vote it down. Okay. Right. see with what they proposed. Natural Heritage really never commented on them accessing the water per se. So comments with the other similar
projects, Natural Heritage wants you to stay confined to one path. So they would try to dictate that that path be corridored off, fenced in, uh snow fencing, stuff like that to keep you all on the same path. But that's where I encouraged as he discussed that there
are other paths that are used by many others that would make sense to or I also said that he can go use teraxes which is a lot easier than trying but so yes it could as we have seen we
understand as a commission no one's ever come into the community with the magnitude of a project like Mr. Miranda came before us and it still hasn't come to fruition for that last part with a helicopter installing this massive 60
foot long gang way um over a a ravine of of doom. So this is just as difficult of an area. And again I would say to you if once you came back up the hill you may not want to do it again especially on a day like
today. Right. Okay. You know something, you know, you can kids would work, you know, somebody comes in two years from now and they claim hardship, you know, oh my dune is too steep. I need to extend but the regs very specific in doing in dune activities very specific. You can't
alter you can't disrupt the movement natural movement of the sand. You can't impede the ability of that sand to move or or blow and and create dunes on other areas. But because this is very lacking vegetation, this area is like a blowout.
They call it a blowout in the dune. So you have these big scarps of sand that the wind blows around and it looks like a little precipice of vegetation hanging on to its very last. Um because the wind can get pretty so generally and one more
question. Is there any like the the two foot above the dune per the Weapon Protection Act? Y is there any leeway in the that the two foot height and I'm only um thinking about like wildlife passage you know a two foot high
platform will not allow a deer to pass for the most part right right threeft wood well they might avoid this area because deer aren't walking on the straight face they usually would try to try a little terrace once you get to the top the dunes are active with wildlife
movement but under the regulations two foot is the minimum Um, and they have to maintain that to get a stairwell with a more maximum height like that. Um, Mr. Xanis did do it and he has, you know, a much more dramatic and he's got plenty
of height, but the law says 2 ft is the men. So, okay. Any other questions? All right. So, do you still want to make a motion and add uh what did you want? Yeah, I can make a motion uh obviously based on
Chris's recommendation of uh obviously voting to remove the executive order. Did we remove the enforcement order once it's reveated or should we wait till it's rev? I would remove the enforcement order now, Mr. Chairman. The enforcement order was initiated to get the NOI filed
and they have complied with that side of the project. Good. So my motion will be we will vote to remove the enforcement order uh and allow the restoration of new elevated stairwell as shown in the revised plan. Um
the elevator walkway will maintain a twoft separation, remove old access stairs and restoration. Um I'd also amend that to include no manmade built platform at the top of the dune or Moby
mats to access or go through the dunes. I mean, I think at this point you probably just say no no no further construction beyond top of the building. Okay. So then just amend that to no further construction beyond the top of the staircase. Yeah. And there are no there are no rails, right? It's just uh
handrails. Yeah. The the plan doesn't show any rails. It is I can intend. I mean I I have not had that in depth of a discussion with him, but uh you know steep. I think he want a rail. Yeah, I think it probably for safety, you probably want a rail. Uh
if that's something that you want to condition in here, too. That you're going to want a rail coming up and down those stairs just for slipping on the sand. Yeah, you slip on the sand just alone. You're you're going to forget about it. There is a little landing associated with it as you can see. So you go up, you got a landing, you go up,
you got a little landing. So there, but still, yes, you want a handrail. So my my concern I I I hunt deer quite a bit and we have a lot of coyotes down here and those deer get pushed around those dunes and those deer will get penned up
against the twoft stairwell with rails. If no rails they jump over 3 ft they go under but they'll get pinned in and they'll have whatever the length of the thing is where they'll they'll be at disadvantage. That's why I was concerned about wildlife passage.
I get that. Yeah. Yeah, cuz they when they get they get pushed and they've got to be able to outrun the coyotes and if they can if they have to go right or left and they staircase doesn't help doesn't help doesn't help. Okay. All right. We need a second. Second. I'll second. I appreciate that
motion. Thank you. All right. All in favor? All right. That's unanimous. Thank you. Thank you, Chris. Thank you. Uh general certainly knows we can zero river road single family dwelling with driveway garage site including vegetated
wetlands. We're going to continue this Chris. Yes, continue Mr. Chairman. I don't know when. Four weeks I would say four weeks. Yes. Not sure what that is exactly. What week? Um where the 8th of
July is the next one. Um it might be the 22nd. 22. So, we're going to look for continuous to July 22nd. I'll make a motion to July 22nd. Second from Jake. All in favor?
All right. Uh, we have a soil permit for Manny Alexander, 111 Main Road. So, permit number 494. Yes, Mr. Chairman. Thank you. This is Manny Alexander, 111 Main Road. This is a soil permit removal for property again
at 111 Main Road. The port date is June 23rd, 2025. The site visit was also on June 23rd, 2025. Description of the work. The owner has applied to renew their stockpile transfer site soil permit number 494,
excuse me, for one year. Uh, the owner stores earth minerals, earth materials rather, for use. The area is stabilized and permit renewal is in order. Recommendations. The Westport Conservation Soil Conservation Board should approve the permit number 494 for
Manny Alexander for one year. Where is this? Chris, he's just from Jason uh Justin's place. Correct. He's right next to what's her name? Oh god. Morton's Joan Morton.
Wish to approve. Yeah, I'll second it. All in favor? Post? Oh, that's yours. Obviously, we need to say that. Yeah. All right. We have a bill for um our MAC dues, $475.
Need a motion to repay. Motion to pay. We have a second. Second. All those in favor? All right. That's unanimously. Thank you. East Bay Media Advertising for U.
Uh, I need a motion to pay. Motion to pay. Second. Second. All in favor? I pay media. Another another $430 for hearings. Uh, need a motion to pay. Motion to pay.
Second. All in favor? That's $430.50. WB Mason. This is just for credit $428. Just letting you guys know that. Anybody on our credit? Do we have to prove the credit? No.
Stables before July 1. Can we get some DK paper? These little pink ones are cute, but they don't work. I knew you were wearing colors tonight. All right, that's all I have. Do you guys have anything on this guys? Chris first. Um, just wanted to let the board
know I sent a letter from uh for the Pine Ridge Estates comments to the ZBA. Uh, member Phil Weinberg had uh penned a letter to a meeting that he and I attended about the storm water management that they're proposing
um leaning towards the infiltration requirements under the storm water handbook. Um the letter is just referencing our meeting and expressing that the commission uh still would be holding the engineer responsible for meeting the maximum extent feasible for
infiltration requirements in that development. Other than that I have nothing to bring to you at this time. We have a second. All in favor? Time.