##VIDEO ID:EJBaitjBhfY## welcome everybody to the regularly stated of meeting of the armouth Conservation Commission today's meeting is for Thursday November 7th 2024 uh to formally advise that as required by chap General Law chapter 38 sections 18 through 25 pursuant to chapter 20 of the act of 2021 an act relative extending certain covid-19 measures adopted during the state of emergency signed into law June 16th 2021 as extended by chapter 2 of the acts of 2023 the arm of Conservation Commission will hold a public meeting at the date and time noted above the public is welcome to attend either in person or via the alternative Public Access provided above again this is the Yarmouth Conservation Commission meeting for Thursday November 7th 2024 our first order of business is a request for determination of applicability for avner schner three powers Lane to an after the fact filing for installation of a sand fence with an nhp priority habitat Coastal Beach and land subject Coastal storm Flowage do we have somebody in the audience for this one so why don't you come on up when you get settled just uh state your name for the record and uh briefly describe the pro project and then we'll turn it over to questions for theard sure my name is Joshua wilbar I'm the property manager for avue Shore at three powers Lane in West gerou um it's looking to put a snow fence up to protect protect the dunes and prevent erosion um he had quite a bit of erosion this past year there in that area did you spell your last name sure it's w i l b a r thank you okay questions from the board no Paul yeah are there any um violations as relates to this project or any regulations that are being uh um they had a violation in the past that they have done the required planting and relocation um it was with this generator that you can see there um there's they're allowed to to put up a sand fence they had done this one prior without permitting so this is an after the fact because the sandance is already up um and it does go a little bit onto the neighbor's property and so we probably need to get permission from the neighbor to keep it up over there otherwise that small portion should be relocated so would it have to be moved off the neighbor's property yeah I mean they don't it's not permitted to be on the neighbor's property unless they they give their permission um at this time okay thank you are dates that he's allowed to put the fence up and has to take it down by yeah in general so we are waiting for a comment from the endangered species program nhasp they have not gotten back to us yet but in general their timeline is that the fence has to be removed before April 1st and then it can only be reinstalled after August 31st oh got yeah okay so and if we are moving forward with uh approving then you would have to be understand that you would have to be abiding by that and any other regulations or rules conditions that a natural heritage would set for as part of this yes okay okay okay anybody else has any have any other questions Britney anything else no that's all anybody in the audience have any questions on this one anybody on Zoom uh seeing none would somebody like to make a motion for a negative -2 with the condition that we're waiting for um natural heritage and danger species comment so moved second those in favor I I I opposed carries unanimously all right so the negative a good thing for you it means you don't have to do any further filing for the conservation uh commission everything is set up so uh but I would ask that you also uh contact the neighbor and see whether or not they're willing to allow you to keep that on their property if not then you'll have to remove that section okay I'll make sure that's taken care of right thank you thank you very much have a good day uh next order of business is a notice of intent for SE 8323 53 uh Harry Hospitality Incorporated 135 Route 28 closed concrete patio building overhang and storm water improvements in the riverfront area land subject Coastal storm Flowage and the buffer zones to a Coastal Bank and salt marsh Kier good evening Mr chairman members uh for the record my name is Kieran Healey I'm Al Lan s with the BSC group representing the owners at the 135 uh what they're proposing to do is uh is kind of minor in nature but it's a hotel property um they are looking to I guess if we can set off by the area that's green on the left uh that's area that they're looking to uh remove the existing sidewalks and black top to go around the building and replant in that area um the main focus of the project is the 30 by 30 foot building overhang that's under the bottom part of the screen that's shaded light shaded area and for that we're proposing uh mitigation um as you can see on the middle right hand of the screen over there um we have covered with the required uh mitigation we're using 2:1 as the mitigation Factor we need 92 Square ft and we're proposing 2:1 for that and we're coming up with 50 ft of mitigation plantings you will see on the drawing we have quite an extensive plant uh diversity um proposed out here with numerous plants um totaling in the hundreds of plants for this particular project um it uh it is outside all the 50ft buffers uh the only work in there is be lawn being removed and plantings been installed in for that mitigation area so Al i' be glad to answer any questions you may have questions from the board I have one um when we're out there they we're talking to the I assume the two owners and they were talking about putting um planting down towards um on the same side is where the where the um present um plan has it um I just want to make sure when they there's no list there of planting so um if they are going to plant I think they need to double check with Britany that they're they're okay for that area they're native he did mention that he thinks all they're going to do is do the same mitigation plan things up here but just want to make sure it's that's I'll just I'll we confirm with them that any plantings to do uh from the list that we already have approved else Britney anything else uh no that's all thank you anybody in the audience anybody on Zoom somebody like to make a motion to approve the project with special conditions so motioned is there a second second all those in favor opposed car anous thank you Mr chairman thank you members thank next order of business is another notice 7 10 for Acres of Pines Association Incorporated 75 Lis Bay Boulevard this proposed hand be tring and seasonal sand fencing on a coastal Beach and land subject to Coast storm Flowage uh just for the record uh we are still waiting on a d file number unless you got something the afternoon no um so uh this will have to be continued solely at least for if for nothing else for the uh waiting for the de file number so with that if You' record and describe what you'd like to do sure my name is Frank zapa I'm a member of the board for the Acres of Pines could you repeat your name again Frank zapa zaap p p l a thank you you're welcome um so I'm a member of the board for Acres of Pines um I want to thank Brittany and Finn for helping us out with this noi it's not a easy process to fill out if you're a lay person I'll say but uh we have done that our plan is to uh hand rake our beach um in the summer month from Memorial Day through Labor Day from high tide mark up to uh within 10 ft of our burm area um the purpose is to keep it clean of of of the seaweed that may build up there especially in the in in the summer months of July and August where we get a significant amount of flow and and seaweed up that area so take it off from high TI up place that seaweed uh to dry in our parking lot in a designated area uh once it's dried there we we want to move that seaweed to the town compost area uh we will hand rake it uh probably once maybe twice a week typically once a week uh we we make sure we leave the nourishment there out back on the beach as much as we can the sand it's very important to us to keep on that peach uh and any other uh piece of nourishment there but also it's a good time to um when we do raake we find a lot of um uh fishing line uh lures uh plastic bottles and so forth caught up in that stuff so we try and get that off the beach as well um so that's our intent for uh the summer months only uh from Memorial Day through Labor Day Hand R um and the other part of the noi is to allow us to put our snow fence up which we typically do at around the high tide mark up um and we'll stagger it across the beach area uh about 200 feet of Beach area we have there at Lewis Bay um that's what I had we basically followed the same process you guys used for or approved for the great Island Ocean Club and the other areas that you had that Britney gave us some uh contacts around sorry questions from the board yeah um I've been out there before but what's this what's the um the size of that beach about 200 feet 200 feet and you're talking about raking it maybe once or twice a week yeah for only for Memorial Day through Labor Day okay and we got a crew out there to do that uh we typically will have a board member supervised but usually it's a couple high school kids that we pay them some money to do it for us um they use you know rakes and they'll leave as much there as we can right yeah and those are just with like those iron rakes yeah yeah exactly and we just put them in they take them and put them in a little wheelbarrow I'll call it uh and move them off we'll move them off the beach we had historically not done that but with new regulations we're going to move them off the beach by our our dumpster our dump area to the right there okay all right thank you no Mechanicals nothing in the burm area none of that stuff anybody else is there a reason why you feel like you need to rake once or twice a week yeah it gets pretty pretty gross I think especially as the summer months grow run so it it it builds up there we have a lot of little kids that play in the sand and so forth if you don't take it off you get bugs and it's very uncomfortable for our for our members to to sit there like any other Beach on the cape right seagull or any of the public beaches you do the same right so um without that um it's it it uh aesthetic I'll call it and but also it's healthwise you get rid of the bugs and flies flying around it and it's important for us sometimes the tide takes care of it it does but we were're not touching below uh a high tide right we're leaving that alone it's high tide and above is what we're worried about uh in this case so just to be clear the rack line has to remain so it's not including the high tide line it's just land R of the high tide line and um just making sure that you keep your your sand fencing close or to the to the Dune than you mentioned you said 10 ft from the high tide line it should be like within 10 ft from the Dune just to make sure you're catching that sand um and what the snow fence yes yeah it's not the high tide area I'm sorry we'd have it wouldn't catch I mean the high tide Line's over here wouldn't it wouldn't serve to protect your Dune if it's that far away from the high tide line um it should be closer to the Dune like is that correct no well we've going down by the Yeah it we the the snow fence we typically have put like four or five feet away from the high tide mark not not towards the that that saves the sand that we've already put there from the nourishment perspective on the beach otherwise that Sand's washing away in the winter time into into so the snow fence help us keep that sand there so we're not renourishing the beach in the future you're putting this you're putting the the the sand fence snow fence sum time no no no no November through April I No it should go up by the yes sand fencing is supposed to be help it's supposed to be be helping create Dune and for Dune habitat so you always put those those sand fencing up toward theom don't you lose some of the sand below that that here's exactly I mean this is the one we just approved I this is how close it should be to the to the Dune about less than about 5 feet that's where it needs to be we'll put it there yeah it doesn't serve a purpose to put it on the BM and BM crust because no we never do that but so you're saying 10 feet away from the BM or thereabouts so we're I think we're getting our our words confused um it needs to be 10 feet away from the the toe of the vegetation where the Dune is the burm Crest is is more over here burm Crest is the point where just below the normal high tide yeah that's where we can put it no that's what I want to make sure you you put it at the with within so in this case what I would do is I would I would keep keep keep it within 10 ft of the vegetated portion of the Doom yeah and you want to do it in you know angled so that it's it's maximizing the amount of of wind that it's catching or and sand as it's moving through okay uh but yeah it stays you need to keep it up toward the so roughly where those picnic table was say it again roughly where that picnic table was then go back to our picture we have a bench and a pi yeah a bit closer yeah there's only like two feet between the picnic table seat and the okay yeah there's no scale on here so it's tough but yes you get the idea yeah okay thank you I would also the only other thing is where the raking goes I mean I think one once a week is enough I me that's what we we pretty much ask the town to stay to to once a week um that's fine and then again no just again no no heavy machinery on the beach for any of this it's all hand ring and then all of the hand breaking stays between the toe of the Dune and the uh burm Crest right thank you okay anybody else yeah um I was curious if you're breaking uh in front of the kayaks um based on the photos it kind of looks like there is raking occurring it um it will occur there that's part of it right so it high tide goes all the way so we be back around 10 ft from that where we start yeah okay so the I I guess I'm just noting that these plans don't show that you're raking in that area as well um yeah the hatches yeah that hatch goes all the way AC should go all the way across okay um I also did want to note um that when I looked at this on the assessors map it didn't seem to to match uh the property line that you have here on your map um so you may want to check that okay um it seemed like it actually went in front of the kayaks um just do a so that this prop so it was on the neighbor's property it kind of looks like The Kayaks are on the neighbor's property yeah okay yeah that's an assessors that's an yeah okay that assessors lines can be 20 feet 20 feet or more off yeah yeah it's um so I mean don't you never want to cut or thinking just based on the accessor that's why you get the you should get the a to to Mark the line okay and we had a surveyed when we did our beach nourishment so I I would hope one we did it right then with the uh the proper measurements and so forth so trying to find a surveyor map yeah see in the surveyor map it does well at least the butters map I Ed has it going out that way the way the the plot looks it goes out towards the the right there yeah that the little step just seems smaller to me but um if the assessor Maps aren't 100% accurate that's yeah it's like almost a key key shape I'll call it yeah the way it's laid on this thing anyway you said it was it was surveyed for the the previous no approved for um the beach nourishment so yeah I would see if you can't find those find those markers then that would help okay and um last thing is that the the sand fencing is going to be made of wood correct yes wood fencing yeah yeah and one other question Yeah you mentioned how people there's stuff left on the beach like you said fishing l in not left it comes in with the seaweed it it what it comes in with the seaweed oh with the seaweed okay I was wondering if you had anybody monitoring folks that are out on the beach and making sure they leave stuff up we monitor ourselves or self monitoring Beach Association I would say there's no police or anything like that um but the when the flow comes in see it's got stuff in it and sometimes it's it's stuff like like a fishing line or whatever yeah okay thank you anybody else uh Britney anything anything else uh no that's all thank you anybody in the audience anybody on Zoom all right um so what we should do what I'd like to do we'll just continue this solely for um solely for receipt of the d uh la D file number um so there will be no other testimony as it relates other than to except for uh D common if if it would be added with the with the file number do I have a motion to continue for the D file file number [Music] alone second thank you all those in favor I I opposed carries unanimously so that's so we'll just do we I mean all we're doing is waiting for the for that D file we can't we can't close it until we get that okay all right and do we have to call them or how happen no they they've received your application um so they'll get they usually get it within the next week of the hearing um if I don't hear back from them next week I'll email them okay so should we uh we're planning putting the snow fence up this Saturday should we hold off until we get that you may not put the snow fence up until you receive your permit and it's been recorded at the the registry of thank you very much right thank you but you likely don't need to attend the meeting if there is no comment so I'll let you know as well if that'd be awesome thank you thank you uh next order of business is another notice of intent for 83-283 Moss Road proposed inground pool patio R station and shed with tree removal and land subject Coastal storm Flowage [Music] good evening uh Thomas M the landscape designer representing the uh freyers um um can you spell your last name for me m u l c a h y thank [Music] you the uh so we're proposing a uh inground pool in the backyard and and the property is in the flood zone there is a um Bine vegetated wetland in the northeast corner of the property but all the proposed scope is outside of that um there is an existing shed that we're proposing to replace in order for the construction of the pool we have to remove um a combination of Pine and Oak Tre oak trees 12 of which will be replaced for the 1:1 ratio shown on the planting plan [Applause] and we're showing a uh dry laid patio with uh site drainage and we're also proposing the Rin station off of the uh facade of the house you have any questions I'm seeing the r station on the side of the house yeah the back of the house yeah on the back of the house sorry on the on the facade looks new already that be safe to say um there shouldn't be yeah there actually is one there already brand new just a note okay ask another question here go ahead um I'm just curious why they chose the area they chose to have the pool rather than in the center of the of the lot um it just seemed they'd have to take down fewer trees and they moved it over to the right um well there is a very large oak tree shown in it's it's in Gray in between the proposed spa and the proposed shed and we wanted to remove that to create a uh kind of usable lawn area for the backyard and we were also limited with the existing septic system that we wanted to keep so we had to stay 20 ft off of that and then also adhere to the uh rear and side yard setbacks to meet pool code so if the pool were to slide more towards the middle of the lot then it would get closer to the septic system and we'd be we'd be uh you know within that 20ft buffer so really that corner was the only location for the proposed pool okay this is all blood Z that's correct there's buffer zone but it's shown and all the work is remaining outside of it so there's no appetite to keep these the trees that aren't in the footprint of the proposed work so like these four oak trees that are on the side and this really large pine in the middle they they're committed to taking those out yeah yeah and and just site access you know um with the ex keeping the existing septic system it just kind of makes sense to come in that sidey yard and uh that Grove of of uh existing Pines they would just and and to remove the shed it just made sense to come in that way stay away from the uh the buffer resource area would you be willing to replant with some Pines instead of you're proposing um just two red Maples and some um River birge but you're taking it down mostly Oaks um and Pines sorry Oaks I meant um would you replace some of those with Oaks to get some similar habitat value back instead of all the I think you had 11 10 10 River bir yes I'm showing [Applause] I'm showing two Maples and 10 River Birch you'd like you'd like to see some some oak trees yeah if we're taking out mostly Oaks and a couple of pitch Pines I'd like to see some at least some of those River Birch be Oaks do typically require that the trees you're replacing are the same species if not have similar wildlife habitat value yeah we can swap about some of those for oak trees great thank you that's all I have thanks yeah nobody in the audience anybody on Zoom uh if not would somebody like to make a motion to approve the project with special conditions pending receipt of a revised plan that shows the uh suggested or discussed um change in tree species I will is there a second I'll second all those in favor opposed car anly thank you thank you digital copy okay or do you need hard copy um one of each please just so just the landscape sheet is fine um from the landscape plan so the site plan I have is fine thank you yes okay next order of business a request for certificate of compliance for SE 83204 285 Buck Island Road uh this is for um Matthew P uh everything seems to be in order uh would somebody like to make a motion to issue the certificate of compliance for SE 83204 4285 Buck Island Road I will is there a second second all those in favor opposed cares unanimously all right uh we're moving on that we have a continued storm water permit application they still are not through with the peer review uh uh peer review process uh so for S SW 20242 228e 28 uh we'll just table that until December 5th 2024 and moving on to other business we have approval of meeting minutes for October 17 2024 I moved anybody have any comments I'll move to uh accept them okay is there a second second all those in favor I opposed carries unanimously no one of I was absent oh okay so we have one abstention all right moving on then to project updates um yes project updates um the fragm treatment program that we were approved for funding last year um has been treated so we've done the cutting phase in J in the winter um and both all three sites have either been treated last week or more prior to that and or are being finished up this week and so that's at Meadowbrook Conservation Area um run Pond Road and Southshore Drive on along run pond so two sides of run Pond along two different streets and metab Brook Conservation Area with some follow-up treatment and a new spot at Taylor Bray farm so that has been treated for the first um year hopefully next year it'll be much easier and much less frag mighties there and for the Chase Brook Park project um we are waiting for our meepa permit and we have applied for funding through CPC and we've submitted for a funding request through the CIP program for the capital budget and there's a czm grant that we will be applying for when it opens in June um so that um is moving along nicely but we're doing a lot of waiting for the permitting process now that's it David did you have anything we wanted to update them on Wastewater um we met Monday um things are moving along there's some issues dealing with one of the um companies and redoing re Paving the road if you've driven 28 you know which part I'm talking about um I think um they did get an extension to November I don't have the dates with me um so to apply for the uh the money from the state so that's good and uh they they have given out the contracts for phases five and six six those are 28 uh west of Parker River one is five is to um Higgins crwl and the others Higgins crwl to the um to the border and uh everything else seems to be moving along um phase two which is um I think I phase three sorry which is close to Bass River Bridge towards where we are towards town hall is almost done and they'll start Robert hour start phase two which is the bridge area the Bass River Bridge in North Maine I may be wrong on something because I'm doing it by memory where Dave do you think they will actually be able to do anything about the paving um I'll just say that um there are a number of different groups that are unhappy with the way it's done including the state so yes I assume something will'll get done I just want to comment on the Britney had brought up the um she made a help with a presentation regarding the Chase Brook um Park project that's going before the CPC for uh consideration of awarding monies for that and I just have to say that Britney did a a great job and you know there are some I think a little bit of challenging questions but I don't know if I've ever seen anybody be able to feel these questions the way she does so we're really we're really lucky to have her and um it's a great project and hopefully it all come together sounds like you'll be able to keep your job for another year job so worried I also say I went for the walk with Britney at behind the post office the um ythp and there were about 35 people there and uh same comments I mean people thought she was great comments answered all the questions questions she didn't know the answers to she was more than willing to say it's not within my my expertise but um otherwise it was it was very good thanks yeah those walks are fun hopefully um I'll do one or two during the winter and we'll start back up more regularly in the spring when things are a bit more exciting out in the world my son agrees with you David yes yeah would you uh along the same vein uh would you would it be worth exploring getting like during the winter time having where it's more indoor related activities looking for some like bringing in guest lectures or something and sponsoring a lecture like once a month or whatever by some you know area experts on we can we we pick the pick the top topic yeah there has been a lot of requests for more public education on invasive species and invasive species management so that could be great idea so we can put together l i do that as well um any anything else uh should I bring it up or I will I don't know any um any movement on a seventh commissioner um or on we will have to re um do some digging into the talent Bank history because um the new we've only received a couple of new inquiries and they were not a good fit so we'll have to look back and the talent Bank forms um and for the position we have interviewed two people and we are um pursuing one person and um we're hoping to check their references soon and hopefully follow up with a drop offer shortly okay all right anything else I'm going to be gone um into the second December meeting and the first January meeting okay January 2nd I think is the January meeting I'll be in an airplane 19th and the 19th and the 2 now if you're desperate I suppose I could do it from California via my or the 19th either one because the second's a red eye so I'm not leaving till 8:30 at night okay Ed do we still have you through January yes great okay that that puts me to ease a little bit still want to leave us short that's all yeah I will I will I will stay on for a while there um all right anybody else if not would somebody like to make a motion to adjourn so moved there a second second in favor opposed we stand a jour