e e e e e he oh good afternoon this is a hearing of the chadam Conservation Commission being held on June 26th 2024 in accordance with the Massachusetts Wetlands protection act in the town of chadam wetlands protection bylaw and regulations my name is Janet Williams and I serve as the chair today's hearing is being broadcast live on Channel 8 and is being recorded Ed for the OnDemand archives on the town's website it's being conducted in person by phone and by video conference the agenda instructions on how to attend and copies of all documents for review are posted on the town's website which is my town government.org which you can access through a link on the Conservation Commission website so to all participants whether you're attending by phone or online please remain muted unless you have been recognized by the chair if you're attending by phone you can mute and unmute by using star six if you're online and you're not a commissioner we ask that you please keep your camera turned off until you've been recognized you can indicate that you wish to speak by using the raised hand feature when you're recognized please remember to identify yourself for the record so that we have a record of a quorum attending today I'll now ask each commissioner to indicate their presence uh Vice chair Karen Laton present Bob RWS present Mary Sullivan is not here today Elise Gordon present Cheryl missery here Eric Hilbert here associate member Bob Delio present just turn your volume all the way down you go so we've established that we have a quorum uh before we begin the agenda I'll ask Paul Whitman the cadams conservation agent if there are any requests for continuances today thank you madam chairman good afternoon Commissioners uh we have several continuances uh the first one is 227 Vineyard Avenue uh that will be continued to July 10th 26 Sal Pon Road will be continued to July 10th 289 SE Pine will be continued to July 24th 30 series Point Lane will be continued to July 10th those are the continuances all right thank you you um so we'll make those formal announcements when we reach each of those in turn so Paul um I guess would you please begin and lead us through the agenda thank you madam chair uh first on the agenda is a notice of intent 28 cranberry Lane Richard and Jill terer map 15j parcel 18 D number sc101 3653 project is for demolition of an existing dwelling and construction of a new new dwelling within the buffer zone to a bordering vegetated Wetland good afternoon David Clark on behalf of the tippers I can't remember where we left off it was last year sometime uh October November um I I don't remember whether you reviewed this current plan I know the first go around the very first meeting we had with you you had issues with the circular driveway we've removed that um basically we've increase the amount of decrease in the Z to 50 substantially uh the house is pretty much the same um the reason for the delay was we were working out issues with the Board of Health they graciously changed their regulations to allow this project to go forward and and we do have the Board of Health permit now for this schedule go to the zoning board of appeals tomorrow okay that's what we are waiting for I think was to let that happen do have the date the the the latest date of the um latest date last revision was March 15 of this year okay we'll just make sure that we have that one ready for next uh make sure that everybody has that one for okay I don't think we there um I think you're right that we had approved all of that um I my note said that the last hearing was uh March 20s something so um we would have seen that but we'll just double check that and I think that we are just now ready to uh let zba go forward and assuming there's no issues we can schedule this for an order sounds good to me July 10th so uh CBA is tomorrow so uh the 24th is that all right 24th of of uh July July yeah that's fine oh sure yeah even better even better and let us know obviously let us know if uh they make any Chang that'll give us time to make any changes if if if required okay I move that we continue 28 cranberry Lane the meeting on July 24th for an order of conditions Gordon second uh roll call vote aise I Cheryl I Karen I Eric I Bob I I think that was an i and I say I so thank you thank you okay we skipped Vineyard NOK yeah we did oh we skipped we never officially open it we we have to do that yeah okay yeah yes man I I I skipped over the first one so I'm going to go chronologically through the uh through the agenda so let me read the continuance for 227 Vineyard Avenue and uh as I do terrible with names an as anaro map 11c parcel d131 se10 3471 this is a field change request garage addition invasive species control it's an after Thea field change request for extension to an existing low native New England Field Stone Wall for stabilization garage foundation to protect the erosion caused by wind extreme high tides and storm water runoff uh by agreement with the applicant this has been continued to July 10th I move that we continue 227 Vineyard Avenue to the meeting on July 10th 2024 for a field change request Gordon second roll call vote a lease I Cheryl hi Karen I Eric I Bob hi and I vote I so are are you not hearing me uh yeah think yeah okay good I hear you you're good okay okay so the next continuance is a notice of intent 26 Salt Pond Road uh 26 salt Pon Road LLC is the owner map 17j parcel 9-1 D EP number se10 3675 Project Extension of an existing Stone revet uh this has been uh continued by agreement with the applicant to July 10th I move that we continue 26 Salt Pond Road to the meeting on July 10th 2024 for a notice of intent Gordon second roll call vote aase I Cheryl I Karen I Eric I Bob I and I vote I so that's for the 10th all right next uh on the agenda for is a continued matter for a notice of intent 289 C Pine Road 289c Pro Romine trust is the applicant map 12K parcel hc21 D number SC10 3685 proposal removal and reconstruction of a single family and Associate improvements this and uh contined with the applicant's consent to July 24 I move that we continue to 89 C Pine Road to the meeting on July 24th 2024 for a notice spent Gordon second roll call vot leise I Cheryl I Karen I Eric I Bob that was an i okay and I vote I that's continued all right moving right along next on the agenda uh yep not notice 10 24 Avalon Point Road Paul M Sheridan trustee Avalon Nomine trust map 20 uh 12 L parcel L4 D number se10 3689 project proposed reconstruction of an existing beach access stairs good afternoon for the record Sean Riley with time Bond representing the applicant uh we're here before you for uh the replacement of a beach AIS stair uh that actually goes down and accesses the beach as well as um the pier uh that's on the property uh we had just closed out an order of conditions for uh the Coastal Bank restoration with Wilkinson ecological about three or four weeks ago um and we have another open order of conditions on the property for the site Redevelopment uh we're waiting for the three-year survivability Clause to lapse before we can ask for uh closure of that which should be in um September of 2026 the mitigation plan things were installed in September of last year so um so that order will remain um open until well actually the order is closed um but we won't be able to ask for a certificate until the survivability and the plant reports are provided to to you so back to the matter uh before you uh again we're proposing a replacement of the stair we are asking for a slightly wider stair um after attending one of your previous meetings uh there was some clarification on uh the maximum width that uh the commission was looking for and that was 3 feet I believe that uh on our plans we're showing 38 Ines so we'd be glad to reduce that um that actual walkway width to to 30 6 in um we do have to go to the zoning board of appeals at the end of August so um we could make those changes to the plan to reduce that and any other changes uh or questions that you have uh on the project I'll open it up to any questions all right thank you do you have a date for that um CBA off hand it's the uh last Thursday of the month so I would just say if we would continue to maybe the the first SE uh meeting in September whatever that would be would be okay um okay yeah all right so um just to the stairs in the same footprint there's no real change to the stair location but there's a but the the the entire width of the structure is slightly larger but it's sitting on the pilings or the support structures are going to be in the same location they they're going to be in the same general location they're going to be in the same general location they'll be um basically just 4x4 posts that the contractor um will postal dig them into the ground okay um I believe there's a detail that they provided as part of our application okay so you can you'll make the change for the interior uh Dimension to be 36 um correct okay and that'll pull down the exterior which will be exactly right that'll come into uh what our standards now are um materials can you uh walk us through what you're proposing in terms of the materials sure the uh on the detail sheet the contractor it's not coming up there it is um all framing of the stair should be uh acq or equal um decking and handrails uh are proposed to be composite um Hardware is to be hot dip galvanized are stainless um and the stairs are to be constructed without the um the risers the kickboards um the uh again all the work will be performed by hand and the limit of work she'll extend uh no more than 3 feet beyond the of the stairway uh there will not be any uh vegetation that needs to be removed as part of this uh they're under some pretty Tall Pines and uh the underst story is is um the adjacent of the stair is is not very thick so it should be easy for them to get in and out and um and do the work okay all right let me open it up to questions from commission members you want to kick off did you consider one of the things that was said was that um you need them wider and they are very thin uh because it made it difficult to get kayaks Etc down the stairs have they considered putting a kayak rack toward the bottom I will talk to them about that I will talk to them about that um they also have a boat at the end of the pier so they're bringing in and out right all of their uh you know the Boating equipment but yes absolutely I will talk to them about a kayak rack um I'm actually going to be coming before you with a another uh project that will have a Kay kayak rack on that uh I think it's a great idea to keep everything off of the beach and off of the resource areas uh with those yep so I will I will inquire and we make the revisions the width um you may see that come back to you so also the pier that's remaining I didn't walk all the way down what material is that it looked like it could be a to be honest I didn't um I did not take a close look at that okay because I was wondering why they're not using the same it looked like it could have been aluminum I don't know it's and why not use the same thing for the stairs going down is it seasonal is it seasonally removed so so I it it doesn't look like it is yeah reason I don't believe it is and the contractor worked directly with the client on the materials for the for the Treads and the railing of the stair we weren't involved with he came up with the the design in the the sketch all right that's all I had all right Eric Bob yeah uh yeah look like composite look like plastic did it look likeing the way yeah the decking did yeah okay um uh there's a there's a pine right almost touching the U the current stairway Sean and um so it's going to have I think it the stairway is going to have to be moved a little bit um to one side because as that grows and sways and so forth it's going to interfere with the with the staircase you know I can take a closer look at that before the next hearing if you'd if that works for you and we could we could address that yeah and also the underneath the stairway it looked like it was pretty intact it wasn't any erosion going on or anything but are you planning on uh this the decking is going to be inch inch between the the the between the Treads yeah and uh be one in between the Treads so are you going to be PL every after everything Disturbed and dug and you know back filled and so forth for the Post are you going to be planting anything uh I can I can discuss with them a good seed mix would be recommended something shade tolerant for any of the Disturbed areas yes I I did notice they have an erosion control blanket almost underneath oh was it you see some spots towards the top that were a little more bare so I could tell mhm that may why the erosions controlled uh um so yeah they they had Wilkinson just finished that project um with the with that they did a nice job of restabilizing that bank and the surrounding area so obviously they want to continue that that Mantra throw out because they don't want to deal with any future issues so I'll bring that up as a as a comment and address that at the next what we're going to do there maybe even some um you know isolated plantings uh uh along that um as well well after it's complete uh you know with Bay Berry or something just to stabilize everything okay questions comments um all right anybody else questions comments I don't see anybody nobody in the room all right I guess we're ready to schedule this one then it's pretty you have to wait until the end so we have to do first Hearing in September is that what we're looking at first yeah if we could request a continuance to the first Hearing in September obviously I'll get you the materials and the modifications well in advance of that yep that be September 4th okay and that's for an order yep um I don't think let's take a look at the at the no we're going to continue to September 4th and then we will schedule it right after that for uh all right got it 94 I move that we continue 24 Avalon Point Road to the meeting on September 4th 2024 for a notice of intent Gordon second roll call vote aase I Cheryl hi Karen hi Eric hi Bob hi and I vote I so see you back back here on September the 4th thank you great thank you bye all right Paul what's next okay Madam chair thank you uh next on the agenda is continued matter 30 Sears Point Lane mlay family property LLC is the owner map 11 A1 parcel 6-4 D number se10 3677 the project is proposed Waterfront maintenance uh and the applicants requested a continuance to July 10th I move that we continue 30 SE Point Lane to the meeting on July 10th 2024 for a notice of intent Gordon second roll call vote Elise I Cheryl I Karen I Eric I Bob I and I vote I that is continued see how fast this can go along it's wonderful it's great and we're going to pay the price later but yeah today it's good all right Paul what's next all right next on the agenda is a request for a certificate of compliance the address is 378 cocko roog the applicant Scott and Chara daily map 58 parcel 13 D number SC10 3151 uh project demo existing dwelling and construction of a new dwelling um just a a brief background on this um I'm recommending approval um for a full certificate uh the order was issued in 2019 um and I believe attorney Lichfield and Mr Clark uh there to address any questions you might have um apparently there were three plants that were required for mitigation um I went out to inspect those yesterday they're alive um and there's nothing in the in the plan or in the file that indicates what the mitigation was um it just says that the agent was supposed to meet at a preconstruction meeting with the applicant and decide what the mitigation was the um the current owner of the home took me out and showed me where he thought the three plants were um there was an extension order granted on this the the actual order goes back to 200 18 it was extended in 2019 to allow two growing Seasons that that time expired so having said all that very minor mitigation um kind of a lack of record in the file on everybody's part including the department um so I would just recommend approving the the the certificate of compliance there the sale on the house pending everything else was done they were just waiting for these plants to uh finish their growing season and that that's expired and as I said they're alive so we we thank you for the picture proving that they're alive yes I did okay they look a little bit like me but they're alive we we have all felt that way from time to time um any questions or anybody was pretty simple pretty straightforward given the complaint yeah right it's fine I moved it we approve a certificate of compliance for three 378 cockle Cove Road Gordon second uh roll call vote Elise I Cheryl I Karen I Eric hi Bob hi and I vote I so that has been approved thank you very much you're very welcome all right Paul what's next all right next on the agenda is the airport uh let me read the legal ad it's always fun hope this is the last time I have to read the legal ad 240 and 438 George Ryder Road and 1652 Main Street chat municipal airport maps 9f 240 10g 438 8e 650 1650 2 Main Street parcel 0-2 240 18- K1 438 53- 27652 Main Street D number se10 3658 the project is to propose uh removal of vegetation management required to remove obstructions within navigable airspace in compliance with Federal Aviation FAA regulations thank you all right before we dive into this um I'll just uh for context we last uh our last hearing on this was held on June the 12th um we a couple of things have happened in the interim we've received um some materials from uh Gil Associates the consultants for the airport that's been posted online along with a copy of a uh an email to um Gail Associates from the uh FAA New England region official um we have started work on a draft order of conditions um it has been circulated among members of the commission and a copy was provided to uh representative of the airport um but I will say that in subsequent conversations yesterday through this afternoon um we've already identified several areas in which we're going need to make some changes to it so um we're not quite quite ready to vote on it today um we were hoping to to get to that point but um I want to open it up to um representatives of the of the airport commission um to see if they have any comments that they want to make at this time good afternoon Madam chair uh am I able to speak or free to yes you are Mr you are recognized go ahead thank you very much and uh good afternoon appreciate the opportunity to be here Matthew Karen with Gail Associates uh for the record um just wanted to make note that we did meet with the conservation uh sorry the Cape Cod Commission uh last evening they reviewed the airports proposal uh it was a subcommittee the subcommittee approved the airports proposal uh as presented uh they're going to send that off to the full Cape Cod Commission uh for their I guess review and approval at the July 25th meeting um I will note that the subcommittee did approve the airport's proposed project uh without limitations with respect to the approach surface at the airport uh that is indicated and noted in the notice of intent application before your Conservation Commission uh we have had a limited amount of time to take a look at the draft order of conditions um I will note condition number 12 which is on page 11m um there's language in there that suggests that this Conservation Commission is limited in scope to the chapter 100 bylaw in the 1958 plan uh that is associated with that and respectfully I would request uh a continuance on this we can continue to negotiate this draft order of conditions uh and and more importantly get legal council or Town Council to weigh in on what you all feel is the limitations uh with respect to the approach surface at the airport you did note that you received the correspondence that we forwarded over from the FAA uh in that correspondence the FAA did note that the existing approach surface at the airport is as described in our notice of intent application it is that surface that begins at 400 feet in width uh at the inner approach surface uh at the airport so um I think we're in agreement or I'm in agreement with what You' previously stated that there is is some work to be done uh and hopefully some discussions and negotiations with this order of conditions okay thank you Mr Karen um yes uh I think we agree um um I think that uh having further conversations and it and it would be it would be really great to have uh input and advice from Council we've we've we've been requesting it um we haven't gotten it yet but um we will continue to to make that request um yes uh um there's got to be a way that we can have a conversations or have conversations and negotiations to settle the question of um the correct applicable dimensions of the approach Zone that um will govern this m of conditions we also um just uh as an FYI we are need to put in some more um information and Regulatory background and some findings um and perhaps further conditions um that are protective of the Vernal pool um but we will flag those um for you when you review it so you'll see that they are new um and I think given that the plan that that that uh We Came Upon This morning was to get to that point and um circulate a new draft um within the next well certainly within the next week which will give everybody a week to look at it uh and then schedule this for um well but but you know if we want to if there's going to be further conversations we might want to push it out a bit further to the 24th which is the day before the full Cape Cod Commission hearing right which is okay um would that be acceptable is that okay the 24th yeah Madam chair if you're asking me I'm asking anybody I guess um hearing no objection um let's have a let's have a motion then to continue this to July the 24th keep M uh yes Mr Riley everybody loves to hear from law yeah um uh I don't know how me think about that quickly I just want to I'm representing some of the pilots so and the I I reviewed the draft order including the limitation uh in paragraph 11 on the page 11m and I think that's uh I don't think that's appropriate because the the bylaw itself uh provides that in the uh 100-4 paragraph d uh that the airport condition Commission in his Sole and absolute discretion and in the exercise of its administrative and enforcement Authority hunda May upon consideration of relevant hardships and practical Necessities utilize its own staff or agents to survey and identify trees or other vegetation located on properties in the vicinity of the chadam airport which have been determined to stitute an airport Hazard and to remove lore or otherwise change the same as the airport commission shall deem necessary and appropriate and further in pursuance thereof the airport commission may expend Town funds legally appropriate and authorized to cover the cost of such survey and so it would seem to me that your limitation to the approach shown on the plan uh is really inappropriate considering that uh the bylaw itself gives the airport commission the ability in its absolute and so discretion uh to identify areas on properties that are in the vicinity so uh I I believe that uh your limitation is inappropriate considering the language in the bylaw and I I wanted to know whether or not the bylaw was part of the record the bylaw is cited in the order as one of the regulatory applicable but has the bylaw itself been made part of the record yeah it's listed as part of the supporting documents for the record okay but let me ask you this if that if the bylaw were to be fairly interpreted as you suggest why are we here if the airport commission has the sole and absolute discretion to remove trees that it deems to be obstruction why do they need anything from us well because the uh we have uh overlapping bylaws uh we have the CH chadam Wetlands bylaw you know that was brought in decades after this bylaw was established and I think the U the airport commission and its wisdom felt that uh going in and doing work in the Wetland area without the guidance of the Conservation Commission would be inappropriate and you know would make them the subject of great concern other than the concern we already have which is pretty substantial uh but I think that what I would interpret this is that the application that they would make to you uh is in an area whatever the area they determine in their soul and absolute discretion uh and is clearly not limited to the plan that was created in 1957 so the um I and I just wanted to make sure that a that was discussed since I haven't been to many of the meetings I did listen to the last one it has not come it has not been cited yet okay well then I'm glad I showed up that not that we're not aware of it but it has not been cited by any right so I think it's really important that in your review uh it's unfortunate you can't get Town Council to weigh in but uh yeah my I understand he's retiring so I I have other applications where we're seeking guidance from him and haven't heard from him my those either but the uh uh I think the discussions moving forward uh this should be part of those discussions that's all well let me ask you one other question if that's a local bylaw does that obviate the need for a state Wetlands permit well you know I think the you we have an overarching conservation bylaw that that applies to all work whether done by Municipal Corporation or by private individual you know in areas that are under the jurisdiction of the D and its regulations and the chatt and Wetland bylaw clearly gives you jurisdiction over this kind of work so I I think that the only reason I'm citing this is not because of not challenging the authority of the Commission in fact we acknowledge the authority of the Commission in this area I'm only raising it because I think paragraph 11 uh is inappropriate under the circumstances in other words there there's nothing in the bylaw itself that says you know that they can't work outside that zone in fact to the contrary I was a little surprised by the the words Sole and absolute discretion but so so it's the airport commission that determines where the work is to be done without uh reference to the uh 1957 plan so that's you know that would be our you my presentation on behalf of my clients all right thank you um anybody else have any other questions other than well you got a lawyer here you might as well ask a question yeah is it a question for attorney Riley oh no that's it all right thank you thank you um I don't we have we have um taken a lot of public comment we've received a lot of documentation we thank the community for your continuing interest and your ability to provide materials um but we are ready to close this hearing um to any further input what sir would do you have a question no not a question like to yeah no we're g we're we're I think we are done unless you have something to say that we haven't heard before we've heard a lot and and and believe me we have taken all of it into consideration and all of it on board um we've read everything um but at this point unless the representatives for the airport commission have anything further to add to the record we're going to close this hearing the 24th you're not here no I am but it's beyond the 20 it's beyond 21 days oh yes no can do we're not going to close it today no sir do you have a question or I would like to pass out this picture you have to be at a at a a mic Adrian's also I see Adrian's here okay oh I'll ask her if she wants anything and you identify I just had a processed question I just had a a 21 day process question yeah we're just realizing that realized just and said that won't work go ahead sir yeah hi my name is fendon chadam and uh I had some comments I was going to make Pro the airport uh vegetation management plan I will not do that because I understand you guys have been overwhelmed by that but I do have a photograph here that was taken about 1960 of the chadam airport and I think it's very uh educational I'd like to pass it out to the Comm I saw one earlier taken in like 1959 and I wonder if this is the same one but I've never been able to find it again yeah it may or may not be there's multiple pictures from the past which basically show how low the vegetation was Y at the airport and uh I think it's very important to put that in the record here as we all consider what needs to be done all right that's and that's it just turn that we're not going to close today can't do it okay yeah Madam chair yes Paul um just a suggestion um the applicant uh if they're willing to thank you you're going to discuss things with them and negotiate if they want to wave the 21-day period uh in in writing you can do that um and continue it to a date that's agreeable um if it goes beyond the 21 days this that that is perfectly appropriate and legal but we need we need the applicate to do so in writing to wave that 21-day period and that so that would allow us if they were willing to do that to to close today and to continue into discussions with them and that go beyond 21 days I thought yes to a date that you know okay you're obviously going to continue to to a date certain but if it goes beyond the 21 days you can do that right we were going to continue to July 10th but in light of of some of the complexity of some of the issues that um we still need to get clarity on um I think that's that's uh ambitiously too quick um so I'd like to suggest the 24th we don't meet on the 17th no um so Adrien that would require if we were to close today that would require a waiver of the 21-day requirement um okay and I just want to make sure that if you close the hearing today um Can there continue to be coordination between the proponent and you all and town legal council and that is acceptable to ur yeah I I think part of some of that gets dangerously close to new information coming in so I think my preference is to hold off on closing um we can depending on how the conversations go we can we can um take us to the 24th and close it then I think that's okay I don't want to I don't want to foreclose anything that might be useful or helpful or illuminative um or point the way toward a solution so um I think the the the best path is to not close and just we'll continue to July the 24th and Paul will be in touch um with respect to setting up conversations a hand up L okay okay thank thank you okay um yeah um unless you have a question Mr Aldridge we're not taking any further public comment uh just a process question yes that you yes that may you may ask K Cod Commission is going to come back for the full vote on the 25th does it if that impacts your decisions should you try to make your decision after that no we're we're we're operating independently um and we we that has been established since the beginning that um yeah that doesn't have any impact on us I know I heard last night that they will make sure that their whatever they issue is aligned with any conditions that we put into place for the veral pool protection that's fine um if we have something by the 24th they'll have that just before their their hearing and that might help so their concurrence is not required for your decision no no no totally independent okay thank you yes sir you have a you have to come up to if you have a question you need to I have one minute that I request because the mic yeah hi my name is Renee H and uh I've been a pilot since I learned how to fly 30 years ago at chadam airport and uh I just you know I've got five paragraphs I just wanted to read one the airport in integral part of the national transportation system funded by the Federal Aviation Administration and mot Grant assurances made to federal and state governments obligate the town to maintain the airport including the removal of obstacles in the flight path contrary to some critics statements the approach zones are well documented in the Master Plan update which was approved by the FAA the Cape Cod Commission has acknowledged the supremacy of federal and state requirements for maintaining a safe airport therefore the Conservation Commission has really no basis for distinguishing between areas that are on a town map versus areas that are not on a town map the town in my opinion and I'm not an attorney but from what I can understand the town has no standing when it comes to defining where aircraft can fly in the vicinity of the airport the same requirements and hardship exemptions apply regardless of the status of a Town M app certainly the Cape Cod Commission has acknowledged this in their own subcommittee recommendations issued yesterday thank you very much for offering me a minute you thank you all right with that we are ready for a motion to continue this to July the 24th I move that we continue 240 and 438 George Ryder Road in 1652 Main Street to the meeting on July 24th for an order of conditions Gordon second roll call vote Elise I Cheryl I Karen I Eric I Bob I and I vote I so thought we would be done sooner than that but alas it's the way it goes all right Paul what what is next what is next uh reorganization I me to kick them down J all right it's that time of year again um we reached the end of our fiscal year June 30th and we have to reorganize for the next fiscal year um so we've had some conversations um we have uh an idea a proposal for how this will go um but one thing that's going to happen is we are going to lose two of our members whose uh terms are expiring on June 30th um so uh let me I guess I'll do that now and then we'll we'll vote but you get your last vote so um both Mary Sullivan and Bob RS will be leaving the commission as uh after June 30th um unless Bob wants to hang around as a hold over but I don't think so um so I want to thank acknowledge both of them and don't laugh it can be done Kate conle wrote an article about it it can be done anyway uh thank them both for uh Mary for her four years and Bob for his six years of service two of which um in sitting in the chair of chair um and doing an outstanding job of guiding us through those two years um it was uh hugely appreciated um but I on a personal note I really want to acknowledge and thank Bob for um showing us and bringing us information and perspectives that we were lacking um and just to point to a couple of specifics um getting us to know very well more deeply um Professor Tommy's view of the critical role played by the Mighty Oak Tree and why it is so deserving of in all of its forms you know white red black English um they're all Oaks and they all provide essential ecosystem services and and um are deserving of all of our protection um I hadn't read the books before Bob suggested it to me and I am eternally grateful that he made that suggestion um similarly you know he he he has educated us a lot on um the the critical role played by native vegetation species in general and why we should um have a very distinct preference for them to the point where we have revised our regulations to require 100% natives in the no disturb and 75% in all the other areas in the aura which will probably get kicked up to 100 and we'll call that the the RWS rule uh going forward so that uh everybody with planning native and and connected to that um is the realization that has grown amongst us and I'm really heartened to see growing among the community and among the retail vendors um in town of the wide availability of pure straight natives um they are available they are beautiful you don't have to sacrifice the aesthetic side of your garden to plant all Native and do you know the the ecosystem a huge favor the pollinators a huge favor um all of the creatures who depend on native plants a huge favor and for that um Bob brought us that and finally the deeper understanding of the ways in which the scourge of microplastics continue to enter the environment and the steps that as a Conservation Commission we can take to prevent that and to fight back um because uh we're happen to be sitting in a in in a seat which allows us to do that so for all of that Bob I am personally eternally grateful and appreciative um and we will we will dearly miss your presence here so thank you thank you thank you for your service to us it's very kind Janet and I appreciate the comments I it's been um it's been very good six years I've enjoyed it um look for the hopefully the letter tomorrow's Chronicle asking for people to sign up if it shows we heard as a lovely parying gift Bob thank you it's a beautiful letter all right thank you and uh good luck to you all and I know that you're are going to continue to do the the good work that's needed thank you we're going to keep at it and uh watch for that RS rule for 100% straight natives everywhere in all of our jurisdiction we'll love to do that all right with that um so for reorganization we have to reappoint a chair and a vice chair um so I will I will make a motion that um I will put into nomination for the position of chair um our current Vice chair Karen Laton um because damn it she is ready um so I I move that we appoint Karen as chair Gordon second all right roll call vote Elise hi cherl hi Karen you can abstain if you think or you can vote don't you just can't vote no Eric hi Bob I'd like you to vote on this because you're am voting voting an i yeah and I want Delio to vote just because on the record I and I vote I so that is a unanimous oh my good luck to you you will you'll do a great job I think yay and I would like to nominate Elise Gordon to be the vice chair for the commission for the next year I second there roll call vote atase you just can't vote no that's the only you can abstain okay Cheryl hi Karen hi Eric hi Bob r hi Bob Deo I and I vote I that is unanimous congratulations Madam Vice chair thank you everyone women stay in charge that's a good thing I think um going to be it's going to be good and um I not going anywhere I'm returning back to my seat in the back bench and uh to provide whatever um service I can advice uh insights perspectives you know Heckle so um so I also have a couple things to say there you go it's the floor is yours uh I have a couple people I'd like to acknowledge Janet when I interviewed three and a half years ago during covid I really didn't know what consummation commission really did all I knew was that I wanted to protect the resources that make chadam what it is you as chair accepted me and guided me through the that first half a year fast forward two years and once again you're our fearless leader and you took a chance nominating me to be your Vice chair and what a year it's been little did I expect to have so many unusual applications from docks to the airp reports and with many re revetments and emergency orders thrown in and you managed them all as though you've seen them all the time I can't thank you enough for all you've done and I'm glad you will still be on the commission and Bob you are the only other person who has been a chair since I joined the commission during your leadership I learned all about as Janet said natives versus nav natars also to question things I hadn't thought to question your dedication and knowledge will be missed and I hope you enjoy many hours of kaying and maybe reading something other than nois and rdas thank you so much both of you thank you Karen it's very nice um I think we'll be in good shape and so with with Bob and and and Mary stepping down the select board should be in a position to vote your uh elevation now um so I don't know who we need to call or I'll be in contact with them yeah it should be next week if they can put it on their agenda so we can get that done before July 10th definitely before July 10 10th yeah for the next hearing so you can be full voting here um we have minutes um I have to confess I I I didn't see this I haven't looked at them um did anybody else look at them everybody Rie the minutes I mean I'm happy to to go along with what everybody says or we can kick it to the next hearing date one of the things I saw um was just under 50th for May 8th oh do you have to open it Paul I don't think so it's minutes I didn't think so I'm sorry excuse me do you have to open reviewing the minutes usually I I don't understand sorry okay we're on minutes but I haven't I oh no I uh Janet can do that she did it so yeah so 53 Marsh View Road in May 8th the order of conditions I think we have to change one of the paragraphs in the middle it says the majority in jurisdiction ID deck and I said um the majority within the jurisdiction is the deck just cut okay and I see at least got this oh you and I made that change okay you did you guys are on the same perfect yep I don't think I had anything for the 22nd but just keep in mind Elise and Cheryl both of you weren't there so you can't vote on those so we'll have to and Cheryl you actually weren't it either um we'll have to vote on them separately okay um let me accept that change were there any other minute changes yeah I have a few all right okay 58 the May May 8th or yeah May 8 May 8th 1 okay 486 Shore Road um towards the end um uh the sentence reads they have added service Berry there oh yeah uh service Berry is one word yeah got it and uh that's all I have for 58 but I also have something for 522 okay let me pull that up okay I'm there um 500 Shore Road M the last sentence Beach plums are not doing Beach plums are not doing well but there are two more years on the order to ensure their survival yep got it 26 Salon Road third sentence change to they will probably bury the end of the rment okay okay got it and then 289 C Pine Road yep about halfway down the paragraph yep omit the uh sentence no trees will be removed because they they are uh going to remove a pine um Holly right there they will remove a holly hang on nope not yet after the will be remov oh there it is no tree I got it okay done thank you thank you got it okay all right let's vote separately I move that we approve the minutes for May 8th 2024 Gordon second uh roll call vote um elast okay sherain abstain Karen I Eric I Bob I and I vote I that's approved I move that we approve the minutes for May 22nd 2024 yeah Gordon second okay roll call vot a leas abstain Cheryl abstain Karen hi Eric hi Bob I and I vote I so that's approved as wellum we have a quorum we are good I move that we I have a question question yep um on on the this monitoring maybe it's the conservation agent can help on this I'm I'm confused uh for instance on Shore Road um if if all the plants are dead or they're non-existing what is the definition of monitoring so you monitor to the end of the three years and then they're still dead so you replace them or you supposed to replace them as you're monitoring I don't get it so after the so at the end of it so they put new plants in and then it's over then there's then the there's no guarantee I'm I'm really confused about this monitoring because for instance on Shore Road I mentioned it a few times the plants are gone or dead but their response is well we're monitoring them I I just don't understand that that word I don't understand the technicalities of it I I'll let Paul address from a more practical side but my understanding is that monitoring just means to to observe and record their current condition there's no there's no obligation to replace them during the first the threeyear period but they can't get a certificate of compliance until they do but the question is so at the end just at the end of the three years they pop some new plants in and hail Mary is that right Paul well uh it's a good question um in some of the old orders we used to have a three-year requirement with 90% success rate so that we we received monitoring reports uh from the people who were doing the Landscaping um and the plants would be replaced uh if they died obviously um but you know if they're not if you if you approve mitigation and nothing survives and then I think the answer is basically uh they shouldn't get a certificate right but could we could we put in our orders that particularly as mitigation plants die that there's an ongoing obligation to replace them so that you don't have dead plants you don't have to wait three years and go oh they're all dead we could do that right and again I think the language we used to use which maybe didn't address it as narrowly and specifically as um as the question is being asked is that you had to have a 90% success rate of everything that was proposed for mitigation and I think we somewhere along the line we dropped that language but um we can do both of those things um because that's the goal is to have uh 90% of the mitigation survive for a period of three years the question becomes at the end do you want in some cases just to give the certificate compliance because the plants are healthy they're being cared for someone's selling a house you can make individual decisions you know based on what's going on on individual lots and with different companies that we deal with and so forth and so on but yeah that language we can definitely um uh improve okay so it's good question okay and we need to do something about it we'll take a we'll take a shot at uh putting something into our standard um template that addresses this um it's a good say one other thing yes um uh I just wanted to acknowledge uh Bob how much I've enjoyed working with you on and off as you were your tenure as chair and as as a commissioner in my role in and out as uh acting agent and as the agent and uh wish you the best of luck and thank you very much for everything that you've done thank you Paul yeah it was it was it was great working with you as well it was during a hard time as we had some instability at the position so you were you were definitely appreciated thank you you're welcome thank you y and he's going to be there to support Karen and Elise too so we're uh we that's another reason that we feel confident about uh the future it'll all be good okay thank you all right and thanks to thanks to Marion I don't have any unforeseen business so okay um that's it we're ready for a motion to Bam o I move that we adjourn Gordon second roll call vote Elise Cheryl hi Karen hi Eric hi Bob hi Bob thanks Bob about it over and out Bob see you on the water take care bye