e e e e e e e e [Music] w a [Music] [Music] [Music] good afternoon this is a hearing of the chadam Conservation Commission being held on May 22nd 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 for the on demand archives available on the town's website it's being conducted in person by phone and by video conference so the agenda the instructions for how to attend and copies of all documents for review have been posted on the town's website mytown gov.org which can be accessed through a link on the Conservation Commission website to all participants whether attending by phone or online please remain muted until you've been recognized by the chair if you are attending by phone you can mute and unmute by hitting star six and if you're online and you're not a commissioner 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 and when you've been recognized please remember to identify yourself for the record so that we have a record of the Quorum barely made it but we did uh present today I'll now ask each commissioner to indicate their presence Vice chair Karen Laton present Bob RWS present Mary Sullivan is not here today Elise Gordon is not here today Cheryl murby is not here today Eric Hilbert present uh associate member Bob Delio present and I'm here so we do have a quorum uh before we begin the agenda I'll ask Paul Whitman our conservation agent if there are any requests for continuances today good afternoon Madam chair Commissioners we have two requests for continuances 93 scattery Road and 30 30 Sears Point Lane both of those matters will be continued to June 12th 2024 all right so if you are here for either of those you do not need to be here anymore um all right then Paul um you can now lead us through the agenda thank you madam chair first on the agenda is an extension request for an order of conditions the address zero Orleans Road the applican chadam conservation Foundation map 9k parcel C3 D number 10 3322 the project was for restoration mitigation and to conduct conduct an archaeological day the applicants requested an extension to allow three growing season and the order expires on 6 13 24 so this will bring it to 613 2025 okay and this is the second extension so uh they have one more year after this if they want to continue monitoring the plantings which is always a good idea um anybody have questions or concerns on this no all right then let's have a motion to approve I move that we approve an extension for zero Orleans Road to June 13 2025 second thank thank you uh roll call vote Bob I Karen I Eric I I vote I so that's unanimous all right Paul what's next next on the agenda is uh a request for an amended order of conditions the address is 500 Shore Road the applicant Steven and Stacy Baron map 16g parcel A5 DP number se10 3645 the project is Bank stabilization an amendment to construct and maintain beach access stairs over Cal Bank in placement of a portable Rin station this is a phase two Amendment request all right thank you um hello good evening for the record R Sardi from Capen Islands engineering representing the applicants for this amendment application to the order of condition um as presented before um this was continued um to give the commission time to review the revised plans um following the comments that we obtain from this board or this commission um at the very first um hearing um so the in a recap The Proposal stairs will be the project that we're adding to the order of condition that was approved last year um it was originally part of the application but withdrawn um for the um issuance of the order condition for the shoreline stabilization um this revised set of stairs um is a reduced footprint um and it provides an alignment that is straight on from the top of the rment down to the beach instead of having the one little jug to the North that was once part of the application couple of changes that took place the portable R station was completely removed from the project and lighting um along the stairs was completely removed from the lighting another thing that was added was mitigation plantings um at a ratio of one to one footprint of stairs to mitigation um and two areas are designated on the plan um for the mitigation plantings the species of the plant things itself is just um an extension of what was permitted last year um through the order of condition that was issued so it's the same species we're just um augmenting the area of them there's any questions um I'll be happy to answer all right thank you very much um yep according to my notes we had asked you to do those very three things and uh thank you all three were done um can you point out to me and I saw the reference to mitigation is it indicated where on the plan I'm struggling to find it so right if we look at the the top of the plan there is one of the nodes calling out the medication I see it 217 Square F feet that's the one area and then the second area is to the bottom and it's a a rectangle area on the bottom following the kind of the same pattern on the I had better glasses but I I if I if I enlarge it enough I can indeed see it um one of the things we're do7 square feet okay yeah one of the things we're doing with the South wand section is staying um approximately 8 feet away from the large maple tree that's there right all right and it is outside the easement area so that's not an issue and these are the same these are the same species that were approved for the other that's correct mitigation is that called out exactly what they are or is that so yes um on the plan we have a a note on the left top right that it calls the medication planting notation planting notes okay there it is seven yep three gallon containers chokeberry yep okay all right well thank you that's that's uh exactly what we were looking for let me ask questions I go ahead Karen can you tell me um what that little jut out is from the steps that are going down it's like right at the erosion bank and then the pinkish so yes um one of the things that the homeowners want to do is to store um at the lowest Landing some of the items that they use on the beach so instead of having to drag it all the way up the stairs so what that is is a a bin a storage bin um that is just can delivering off of that lowest Landing it's can't delivered so it's not independently supported one of the feedback we received from staff at conservation was to not add post and it's something's not Grand so it's just something that can be can delivered off of that lending could you add something to the plan that says that's what it is because right now it looks like it's a a platform right so on the plan there's a detail on the bottom right corner next to the title block um and it shows on a graphic view what that is right but can you on the where I've just pointed out that little jut out can you you know like you have arrows going to all different things and same he's something so so there is yeah there is a note on oh caned 2.5 5x4 built in storage it is on this it is it is on the plan to it yeah it's right there yeah yeah it's right there I I that I missed that too because it's not on this part it's not on the big plan it's down on the detail over here yeah I'm just wondering if we want it on the it'll be on the all be on the same okay piece of paper that's fine as long as it's labed that's fine anything else ahead hi how you doing uh I just wanted to bring up about the previous uh I don't know if it's connected but the mitigation the bayberries have done well but the beach plumber ially non-existent on the banking they all pretty much failed so one of the things um this project has wilon eological as part of the original application and and one of the things that they're doing is I believe Beach Plum was one of those species that this board wanted to see because it was doing well on the abiding property to the South um so they are part of the application but if if this board believes that the Beach Plum is not conducive within this two areas that are closest to the house and instead of those be some of the other on the banking pretty much every Beach Plum that was planted is gone this there's nothing left right now right now that's what we're saying okay so I'll have to review that with with a couple of them that were pulled that that there empty holes and the rest of them are just there's nothing left of them I'll review that b berries have done well so yeah we we'll review that that that order is is just was granted last year so we have two more years to make sure that these plans take okay thanks any other questions comments concerns I think we're ready then to schedule this uh to for approval of a draft uh amended order of conditions um we can do this at our next scheduled hearing on June the 5th um yes sir approaching the good afternoon Madam chair um my name is TJ uh I represented Greg and Heather Butler who are watching on Zoom this afternoon uh who live at 485 Shore Road and uh together with Chris S we also represent other easan holders uh along Aunt Lydia's way um I just wanted to address the commission briefly this afternoon uh did have an opportunity to review a correspondence by attorney zagger that was addressed to this commission dated April 1st 2024 uh regarding this notice of intent and I I just wanted to correct for the record a few things that were noted in his correspondence and also reserve the right to properly respond um to the letter to the extent that IT addresses our uh notice of intent that's scheduled in a few weeks uh just for the record we do not oppose this notice of intent nor have we ever opposed it um during previous hearings at the commission's urging we had the opportunity to explore uh jointly proceeding with a stairwell and unfortunately that did not pan out uh as far as this notice of intent goes we defer to the commission's uh guidance and suggestions uh proceeding with this notice of intent as you would in normal course uh applying the WPA and your local uh performance standards so that's it for today and as always thank you for the opportunity to address the commission thank you and we'll uh we'll see you in a few weeks thank you all right thank you uh motion to can is there a hand yeah Jen it's me Paul yes Paul um I I just wanted to I mean I don't know how this is all going to turn out um if it's adversarial goes to litigation and it's a sear orri complaint is pr- record so the attorney if he wants to add something to the record he needs to do that before we close the hearing just letting him know that otherwise you can't add anything okay well we're about to close it and well we're not closing it we're sending it an order or We are continuing it for an order on June 5th we will close the hearing at that point okay I don't think anybody else is I move that we continue 500 Shore Road to the meeting on June 5th 2024 for our amended order of conditions second roll call vote Bob hi Karen I Eric I I vote I we will see you on June the 5th thank you thank you okay Paul what's next next next on the agenda is uh 155 and 157 Bridge Street Eastwood companies map 15b parcel 1B D number SC10 3452 the project was to demolish two existing dwellings and a pool and reconstruct a new home the amendment is to relocate the dwellings further away from the resource areas this is a phase one uh project and uh Mr Clark is asked to address the commission for I think less than 5 minutes music to our ears yeah first of all uh oh David Clark Clark engineering on behalf of eastw companies I I thank the commission for adding this to the agenda um so to be extremely brief uh what you see up on the stand is is what the current order conditions uh uh is allowed uh there's substantial portion of the dwelling and swimming pool that is currently permitted uh within the flood plane um we went to Zoning Board of fields a few weeks ago to extend the permit they declined to extend the permit um so now with that permit expired um we have to make the project conformed to zoning so that's what was submitted as a as a conceptual plan um it's actually a lot further along than this at this point pulling the house and pool outside the flood plane um so now this area that you see that's hatched uh under the existing order it was proposed to be developed now we're removing all of that um so when we first uh applied to the commission there was a house and a swimming pool uh within the flood plane totaling over 8,000 square ft of coverage in the flood plane uh that first proposal um scaled back the project so there was no activity no Hardscape or building within the no disturb Zone but we still had a pool and a portion of the house in the flood plane so now we're removing everything out of the flood planes we've gone from over 8,000 square ft of coverage in the flood plane to zero but we still are proposing work within the 50 to 100 from the Coastal Bank um that's what the project you'll see if you allow us to continue with an amendment um it will be all in the outer Aura all right thank you that's less that's less than five minutes so thank you for that conceptual overview and that context which is helpful because this has a long history and it's been around for a while so it's good to see this but it does not um it doesn't this is not a phase one hearing yet that will be the next step because we will need your coverage calculations to see we'll need to have a fuller plan that is um um allows us to see the difference in coverage um well I provided the numbers in the in the cover letter that I sent on uh either Friday or Monday this week um we didn't get that as far as the the the flood plane um do you have it I don't should be dated May 17 yeah I have 22 I have April 24th here it is got it um it says previously approved project reduced the previously reduced and the new proposal was to eliminate all building and Hardscape coverage in 8,000 391 Square ft within the flood plane but as you said there's going to be there's still going to be impacts and coverage in the outer Aura yeah and so um we will need to see how that compares so you need that as for your phase one determination well yeah I mean okay it just when I was here last time I think the project that was just before me you said it was too much information I know well it's a it's a fine balancing to do but we don't have a I mean we have a letter but we don't have a plan that's stamped we don't have a date on it there's no address stamp plan for a phase one um um let me ask Paul because uh Paul what do you think is this enough to make the finding that it is less impact than the approved project so therefore it can go forward well uh we do have a letter yeah why don't we um if David I I think it is but I think David should put it on the record as to why it is because as you know David an amendment um it you basically have a criteria that looks at the resource areas the impact of those resource areas and if the Amendments less of an impact on the resource areas that's one category uh that the commission needs to make a finding for so I think it is with the reduction in the house but um if can you give us any more information on the calculations real quick well I I kind of assume that a 6,000 square foot reduction in the flood plane was enough uh to continuing with an amendment I I it's it's it's reducing from 8,300 to 6,000 right no no it's it it's the the prev coverage within the flood plane from 8391 to 6,96 that was the that's the approved project okay and and so this project will remove another 6,000 so basically from what was there at the filing of the notice intent originally was $83,900 okay got that so that's a so in the flood plane it's zero it's zero and but we don't know what it is it'll be approximately what was approved um so I don't have those Mars I do have those Mars um we had 9500 or so square feet in the 50 to 100 that would that's approved under the existing order uhhuh um so we'll be at that or or less or less okay as long as that's not going up I'm I'm you're making that statement to us I'm okay with saying that's enough to qualify in the category of reduc and if it's above 9500 we will probably consider filing a new notice okay but that leaves the problem right because we only have two years right um but filing a new notice sent leaves the problem of the existing Disturbed site so that is because they did start the mitigation so that that brings up the other question so are you going to be presenting a new mitigation plan flax will be PR presenting a a new restoration plan okay additional restoration for the flood plane portion of the property okay got it all right um then I think that we can we can um say we're moving ahead to a phase two that uh we find that the project this is phase one yeah yeah we've got the information we need to make the finding that it it qualifies under the standards for an amendment and we will schedule the phase two I'm going to make this is not be the first time I'm going to say this today it's the first time but not the last time we have really crowded calendars coming up for the next couple well certainly won't be for your next hearing so I we will do a formal filing and and that's right you don't need a date right now because until you file so we'll just need a motion to approve the phase one request and that's it thank you I move we approve the phase one request for 155 and 157 Bridge Street second uh Bob hi Karen hi Eric hi and I vote I look forward to getting that information thank you all right Paul thank you madam chair next on the agenda is a requested order of conditions the address is 68 Quanto Drive Christopher holzner map 10c parcel 23 E2 D number se10 3680 the project is proposed retaining wall a generator expanded vegetated buffer invasive removal and removal of four trees at the bottom of the bank and replanting with Native vegetation that's essentially the project all right thank you is there anybody on the platform representing this project would only be blue fla yeah no they're not all right well we have we did have a direct of an order available um Commissioners looked at it and have made some comments it was posted on my town government um the question we had was that there was a we were looking for a updated restoration plan that showed the new location or the removal of the uh generator that had originally been on the other side of the house we have a restoration plan but normally blue flax indicates in their plan notes the date of the update and we're not seeing that this is dated March 7th um is this the most recent plan the March 7th I have has the proposed generator on both sides was okay this one has been removed yeah so this is updated okay they didn't redate it they didn't redate it they just they just took the note off the plan okay all right that's fine then we're good you are good I'll take that note off so now we've got it uh is there anybody else who has questions comments concerns about this draft order anybody on the platform this is Crystal ah yes Crystal go ahead I sent it to Teresa yesterday and she looked at it um and I think you can see the edit that I made Crossing out the the plan yeah yep um and she submitted the plans today so okay okay so that's where it came from all right okay so we don't need to change the dates right okay so the dates are all the same they're all fine all right all right and we need a motion then to close and approve I move that we close the uh 68 Quanto drive and approve the order of conditions second Bob hi Karen hi Eric I I vote I that's been approved thanks for that Crystal all right Paul what's next fi change Paul oh sorry M chair I was M muted anyway um I hate that sorry next on the agenda is uh a request for a field change the address 170 Main Street Daniel and Katherine Ward map 17c parcel 33 D number se10 3566 the project is proposed new foundation with ADD with an addition a new subsurface to Disposal system and a field change request is to sub substitute in Li of the vertica Winterberry uh to viburnum dentum I'm not pronouncing these right SL Arrowwood so it looks like it's just a a vegetation change yep that's how I see it Winterberry to VI burum uh for excess for more privacy and and and as they put it what was it uh there's some sort of safety concern about cars coming off the road um cuz that house is right there so um I'm a fan of by Burnham anyway so um does anybody have any problems questions Bob is there anyone uh answer the question on the platform or not no Kyle no he's not here no know I just had a concern that maybe they would get a little bit leggy the vi burum uh rather than U uh Winterberry uh that's the only concern I had but they they are you know good for wildlife and so forth I burn them is there a way to having viburnums in my garden my yard and they do get indeed not as bad as the inkberries do but um I don't know whether I should ever cut them or trim them or do anything to keep them from is there a what getting bare on the the bottom and just leaves on the top well it is full sun there so they'll like it that's true it is a very Sunny Spot all right well hopefully they will they'll Thrive there then um all right let's have a motion to approve the field change request I move that we approve a field change for 170 Main Street second okay Bob Karen I Eric I I vote I that's been approved all right Paul where do we go next thank you madam chair next on the agenda is a a notice of intent the address is 26 salt Pon Road applicant 26 salt Pon Road LLC limited liability company map 17j parcel 9-1 e number se10 3675 project is extension of an existing Stone bman good afternoon good afternoon I'm Bob Perry Cape cut engineering working here at 26 Salt Pond Road and I want to thank you for coming to the site because I think it had a significant effect for the thinking process of both the applicant and his engineer so after speaking uh with Mr Holmes about your concerns and I think most notably that the land area as it Blends in with that driveway formation it is really very very stable over there and it really in retrospect made no or little sense to to disturb it so we've shortened this proposed revetment by approximately 60 ft and then going over the particulars with Mr Holmes he did not want to employ any fiber products between the end of the proposed rment and that stable formation what you really have there is a a form of sand Beach I do have pictures of it you probably do as well um the revetment will be very low crested if you go to the north um in the direction of the staging area you might recall a whole collection really good collection of what appeared to be marshelder could have even been bushan suckle but it was a natural set of though possibly not native perfectly good shrubs and so what his preference is is to extend the revetment as shown to incorporate the stairs in it so those stairs don't cause erosion or or any kind of a scouring effect as an isolated unit and then maintain that area between the driveway and the revetment termination with sand which is consistent with the original approval where the revetment formally terminated that also was uh to be managed with sand so we we can just watch this area um metamorphosize in the way it it might given the influx and outflux of the tidal current in that area I don't see it as terrifically exposed you can see sand is trying to build in there and it it it may not then take that material away at at a fast rate so the the objective is to extend the revetment low tapering down its cross-section as it terminates probably maintain the end of it in a buried condition and it's important to mention the plant calls for some beach grass planting in that zone above the revetment where there will be a sand backfill and will just be densely planted with Beach Grass the Upland vegetation that is I think safe to say it's being perturbed by the title effects um those aren't going to be affected at all it'll just be a a transition much like it is today so that's the summary of where we are with the revision thank you do you have an estimate of how much sand you're talking about here I think it's on the order of 25 cubic yards but it will depend upon the conditions at the time of the application it could be scoured out or or not and that's just a it's a guesstimate for a condition that would exist in a severe case is that a one-time application or would you want to continue that I I would expect that it would be useful to have in the order an ongoing nourishment allowance that would be by notification to the committee or or to the staff okay and um similar question with the beach grass to be planted in that sandfill how much I don't see any value to that but above the rment yes oh it says on the plan sand fill with beach grass I know that um good point that's left over from the but you know what I'm gonna turn myself around a little bit and say why not try it yep so at the appropriate time of year if we find that we have reasonable height you can see we're getting up to Elevation four to five yeah so we're a couple of feet above the tide every day so I'm back on beach grass I think I just lost my train of thought for a moment okay but at the title interface it'll be it'll be affected by the tide all right questions comments go ahead Eric yeah uh I remember when I was on site I you know I mean this is pulled back but and to me is Stone rment is really Last Resort uh once you got past 8T past the steps heading north at the most I mean it wasn't it wasn't any erosion at all you know that I could see um you know that's that's uh that's that's what my opinion is you know uh it certainly pulled back nicely uh compared to what it was but I just remember once you got north of the steps past 8 feet it was really the you know there wasn't any erosion and I hate to see a a stone rment go in be you know before the there's a problem you know what I mean um I do there was there was signs of erosion there it again the land was fairly gentle but it was working at the boundary of the Upland deposit when we passed the stair location it it was a choice to look at what would be reasonable to take that some distance and as it proceeds past the stairs it's dropping in its cross-section where it's practically at the surface of the ground and it's just a it's just a termination of the formation um we haven't had any severe storms we had uh the southeaster of 23 and 24 we haven't had any North Easters with terrific flooding um but I know that the harbor was affected by those southeaster um when you get a northeaster in here you get a significant flood but you get that West Wind backlash and I think it's if we were to change this 10 or 15 ft I don't think that would matter um so we've proposed the length that we have proposed and I don't really think it deserves to be shortened nor is there a a strong basis um for it for it to be where it is we just have to make a choice in the design mode to terminate the revetment so what does that past the step about 30t about 25 30 ft yes a very gradual diminishment of its cross-section thank you how tall is this revent going to be well if the beach is maintained and the nourishment it'll actually be buried at the end right and it is what we call tow protection right very low profile and that's what's been missing at the revetment termination as as it exists now oh so if we're speaking in height yeah zero except for what's Underground and if the beach departs and if we find that the creek migrates closer to the Upland I think you could see something on the order of five to six feet from grade at the creek to the crest we say the the creek bed could be zero we have a crest of running between seven and five uh yeah now we have erosion now Bob at the U termination of that rment what's to say it's not going to happen again with the other termin the new termination simply that it's a tapered cross-section and it's much lower at that end and that it is practical at the location that we're terminating to maintain it with sand if we look at the termination that currently exists it's sharp it's steep it's abrupt and it's it is at a location where the creek channel is forced against the point where the stones are it's not likely that we're going to have that Creek course inward to take an easterly course can't predict that but I think that there's a certain momentum that occurs with this influx of tide and bringing that rment around and hooking it and dropping its cross-section minimizes the chance for end scour and I think it's more practical to manage that at this location at the proposed location than where we're now dealing with it again no way to guarantee that you will not have encour yeah but there's an improvement to the shape and if we're back before you I don't know a year or two years from now with a fiber roll extension to this that's where we would be we wouldn't be in a rock extension of this and you see the owner the the comrent homeowner is against that right now right um I think it's a philosophical choice where um implementing those measures that are temporary can result in repetitive work removal replacement despite the fact that we have some success in the driveway area but in that location we also had salt marsh they were basically weaving the existing salt marsh deposit into the stabilizing measures that were proposed there we don't have that luxury where we're terminating this and he just said let's let's just do this feed it with sand and observe it in case if if there's a heavy storm in the future that that might may a road faster then correct or uh especially from that direction like a Southwest Direction well if you have a flood and if you have a vigorous Southwest wind it will play on this piece of Shoreline that's rare the big storms are northeasters the second biggest storms are South Easters and you can have a backlash but if we don't have the protection that's afforded by this then the erosion would be worse and you might find yourself with soft Solutions in locations where you do not have the components for something close to a living Shoreline where it's almost what you've got going on this driveway is a successful application of low slope core material and tough spartana Pense grass we we're not finding it possible to do that at this juncture with the Upland the observations are that it's already filled it's already Disturbed and it is kind of a it's an area of um relatively slow change as it transitions toward that area by the driveway but it's it is eroding it is near the building and the owner is seeking to terminate his revetment in a practical responsible way okay thanks um again um you know to me armoring the coast is really is the final solution to most problems when you get to the step obviously there's definite uh danger to the shed and there some nice and some trees but once you get past the step there I I'd rather see you know to go a soft solution first to see if that works because it gives the sediment a chance to EB and flow in there and once you put a revent in it's over so the the water just escalates speed past the rment and Slaughters the next thing down the line um I I I pass the step I think that's what did you say it was 30 something 30 as I said uh there's no there's there's only a choice to slowly and gradually taper the cross-section but that's not to say we cannot shorten that I I don't mind repetitive iterations of revision it's it's a back and forth um the change was dramatic enough that we said well we're going to send this in for a review um but it's important and I and I'm not going to pick on soft Solutions because I see they have their place and I deal with them all the time in the right place but but a fiber roll revetment is a revetment and it would be struggling at a location like this so the choice is to maintain consistency with the longer system but to give it that uh fine tuning of shape and the accessibility for the nourishment which are two components that at least in my experience have shown the minimal scour and a better opportunity to manage that but shortening this say 15 ft no problem but I would like to keep it uh formed past the steps and the return here is a self-supporting return it can terminate anywhere you know with a reasonable distance from the steps 10 15 feet I I'm not going to say that we have a absolute need to have it where we are it's a it's a choice that was made technically thanks what would happen if it was terminated at the steps that would be a hard a hard end that would lead to end scour if it weren't tapered at that point so are you saying that out of that 30 feet you're willing to consider pulling it back so that past the steps is when it really begins to yes to tap it's actually dropping at the step you couldn't stop it at the steps right the steps are a discontinuity in the formation it it causes a little bit of turbulence but once we're past the steps it can that can be um formed I would cut it you know roughly um cut the distance in half I don't I don't see uh a real huge problem with it I I could try to defend it but we begin we begin to beat the dead horse right right but from our perspective any any rational shortening that preserves the tapering effect at the end is worthwhile right as long as we don't cause for an Abrupt termination no no so I leave that in your hands to yeah keep the design and and cut it in half which I think will do the same thing and then you can extend that sand area down to the area that would not have the revetment on it yeah everybody want to see that yeah okay no one's going to be building it anytime soon because of the seasonal issue and so um we'll absolutely take a take a shot at that for you okay so um can we schedule this then for June 26th yes thank you that would be good because we the next the first two in June are are very full all right I move that we continue 26 Salt Pond Road to the meeting on June 26 2024 second okay roll call vote Bob I Karen I Eric I I vote I thank you thank you for listening you have listened you're continuing to do that we're getting there we are getting there thank you byebye knows all right Paul uh Seine up ready for the next one ready to go okay next on the agenda is another notice of intent the address is 289 sepine Road the applicant is 289 cine Road nominee trust map 12K parcel hc21 D number se10 3685 the project is proposed removal and reconstruction of a single family dwelling and Associated improvements hello good afternoon good afternoon good afternoon Commissioners Brad Meo from Coastal Engineering now a part of tyan bond uh with us here in the audience is Janine Hoy the owner in app applicant as well as the landscape designer Phil Cheney I believe joining us remotely Ian Peach from Wilkinson ecological design he'll speak this afternoon as well as Michael Collins who is the project architect I believe he's remote as well okay the team is here all right we need you to kick it off so this property at 289 Seine is an existing developed property there is is a single family home on the Westerly side of the property and a barn with uh living quarters up above uh that would be along the easterly boundary line of the property the property is nearly dissected or bisected with a uh with a an easement a 10-ft wide easement that shows up very well on the existing conditions plan uh that's a fixed easement with others who have rights within that for uh for for foot traffic and that's been there for some time uh the property is bounded on the North by uh crows Pond or bassing Harbor and to the east and west there are existing residential developed properties and to the South is Seine Road uh the lot size is about 58,000 53 Square ft of that Upland is 4,448 in terms of resource areas starting from the water we have crows Pond and bordered by a beach and within that area is land subject to Coastal storm Flowage which is an AE flood zone this area uh the placement of that also drives the determination of the Coastal Bank which runs along the the rear of the house and then it is discontinuous through this uh natural valley in the middle of the property where that easement is and then along the Easter side the Coastal Bank picks up again as it begins to run uh to the East toward house number 311 um we have identified the um adjacent Upland resource area with the 0 to 50 and the 50 to 100t buffer zones and the site is also within a delineated AC EC so the project overview is and I'd like to inform the commission that because this house is a pre-existing non-conforming structure with respect to the setbacks um there has been an application made to the zoning board of appeals I understand that the uh that that is scheduled to be heard on the 20th of June um so through this process as customary I think we're hopeful that the commission could to comment um to the zba as appropriate um Additionally the uh applicant has been to Historic District commission that took place I believe yesterday and they received approval for the uh for the new house on this project the project involves raising and replacing the existing structure that's along the um Westerly side of the property um the other elements of The Proposal include uh removal and of a number of decks and Hardscape that are along the northeast and easterly side of the structure there's an existing Cesspool that's on the slope and within about 10 ft of the top of the Coastal Bank that would be uh removed um and perhaps this is the um well this is as good a plan as any that you have up there that's the Wilkinson PL so it's easier to read probably um we have um on the drawing and in the package that we submitted we have an extensive uh coverage calculation and ultimately the area between the Z to 50 uh from the top of the Coastal Bank uh shows the raisin replacement of the home to be a reduction in that 0 to 50 zone of U some 333 Square ft um most of that is structure and and wooden coverage with the uh with the deck to the east of the house um the new house is to go basically in the same location as the existing structure where everything is already Disturbed and we uh with the design and the structure we're able to maintain minimal grade changes within the 0 to 50 uh because of the placement of the house to respect the uh the separation from the existing house to the top of the Coastal Bank it's presently about 15 ft at its closest point to the top of the Coastal Bank the proposed house has been rotated slightly counterclockwise to increase that separation to 2 1 ft um so in addition to the uh to the reduction in area of coverage in the 0 to 50 we've also increased the separation to the top of the Coastal Bank The Proposal also includes a new Breezeway and garage those are uh directly landwood from the proposed reconstructed home and those are within the 50 to 100 ft the outer Aura uh that results in approximately 990 8 squ ft of additional coverage in that area so the overall project between the 0 to 100 is an increase of 665 Square ft we have U some extensive uh mitigation planting as well as invasive planting uh work that's indicated on the Wilkinson eological design plan Ian Peach will speak to that but um it's somewhere in the order of 9500 Square ft of area um associated with that that more than offsets um the 665 net increase in coverage um there are some existing retaining walls um that are along or an existing retaining wall along the Westerly boundary line of the site that'll be replaced with a stone wall in that area um there's an existing um series of walls that are right along the the easterly side of the home those are uh to be removed as well and there are some Terrace stone walls um that are proposed off of the north northeast side of the proposed home uh to try to navigate uh the severe slope that runs down to the easterly side of the uh of the house there's a proposed new sewage Disposal system associated with this project and that will be located completely outside of the 100t buffer zone and it will include include um Innovative alternative technology as as part of that system um there are a number of other elements and nuances with the with the proposal but um maybe I'll I'll stop there and um and I'd just like to point out also in the package that in view of the fact that we're within the the 0 to 50 we have requested as we felt was appropriate a request for a variance with an alternative analysis as well in the package at this point if I could turn it over to Ian Peach and he can explain um all right um thank you before before you go to inan I just want to clarify thing that's been confusing to me which is the location of the top of the slope and its relationship to the 50ft line so it's a very odd way that the slope is is sort of naturally occurring and then takes this this Jog and zooms up close to the house but yet the where you've got the 50 Foot line actually moves closer toward the top of the Coastal Bank so it looks like instead of being 50 feet back it's about 15 feet back how does that can you explain that sure if it would be easier if we could get on the screen the existing conditions plan and that that would um that would be the I think the first of the three drawings um for now and I'd be glad to explain stop sharing and so maybe Ian can do it Ian do you have the existing conditions plan that you could put put up and share I can look for it but I'm not on the platform no unfortunately I have the restoration plan queued up right now I can look as well and whoever gets it first okay sorry madam chair I can talk if if Ian if you want to put your plan back up I can talk through that if you don't mind if I just approach the screen and I can trace that line you can't speak is there a laser pointer I I don't there should be one right there and the underneath there existing conditions is that we want existing conditions I'll do it I'll do it I got no I got it wait we've got it great sorry you could you can go up there but you can't speak up there understood yeah yeah okay so as we start from that Westerly line I think it's it's pretty clear where the top of the Coastal Bank is at the where the Contours are very densely um located the Coastal Bank runs from that Westerly boundary line uh down from left to right on the drawing and then a slight jog out and that envelops an existing lawn area and then it and then it continues to run in a southeasterly direction there's a large cherry tree in that location so right about at the Cherry Tree you could see that existing Contours begin to wrap around in a clockwise Direction MH uh to the north of the cherry tree and we've dropped the Coastal Bank at that the delineation now and this is all based on the D form um so it drops straight down perpendicular to the Contours down to the flood zone line that takes place because at the flood zone Contour in that area the ground is flatter than one in 10 so there is no Coastal Bank so the Coastal Bank follows the the flood Contour wraps around where the walkway is and then just about at the edge the the right hand Edge or the easterly edge of the of the walkway then it jumps back up toward that easterly boundary line for the same reason now that the landform falls into that um to that slope angle of and and we carry the top of the Coastal Bank until it's flatter than one in four um at the adjoining property line to the to the east so that central portion of the of the property there is uh it's a discontinuous Coastal Bank okay and the 100 and the 50 Foot lines are curved because we're taking a radius off of the closest points of the top of the Coastal Bank at each side of the Gully yeah but it seems what's what's getting my attention is where the two lines seem to move toward each other yes I don't have to speak but I can visually NOP further over to the right keep going where the where the 50 Foot line comes up and into the easement area and then the it's it's no the red line is the 50 Foot yeah there see how it Peaks up there it's heading closer to oh I see so you're doing it off of that that area not that okay correct it's it's a radius from the landward most point of the Coastal Bank that side okay okay is everybody I was I'm I'm I may been the only one who was confused by that okay thank you for for clearing that up it's kind of clear um but let's let uh Ian Peach uh walk us through the restoration mitigation plan thank you very much uh good afternoon Ian Peach as mentioned representing the project for Wilkinson ecological design um as was introduced by Brad and the project team um and you saw in that restoration plan we really have an opportunity to do a comprehensive AC of native plant restoration here that entire green area approximately 9,500 Square fet um is is heavily invaded with stateless invasive plants the primary compeers on the bank are Asiatic Bittersweet and English ivy um secondary being border privet shrub Honeysuckle and multifloor rows so we definitely have kind of a classic invaded um Coastal Bank um within our project area our proposed mitigation does um start with that invasive plant management it's followed by a immediately with a seeding of our native grass mix as specified on the plan and of course we're stabilizing immediately um with aosion control blankets um after we get um satisfactory control of those invasive plant re Sprouts we um come in and enact the overall project PL Community goal which is a maritime shrubland um proposed species um in a shrand really are going to do the heavy lifting in terms of stability with their deep rooted fibrous root systems binding those Bank soils um we have some of the classic species like Bay Berry Beach Plum but also black choke Berry for the right context Seaside golden rod in the right context and little blue stem to name a few um as you know the context of this area adjacent to Crow Pond um really this overall restoration of the Coastal Bank as mitigation um is going to improve the functional capacity for capturing infiltrating storm water runoff any potential pollutants in the area um and also just resulting in Greater biodiversity walking site now you're seeing um the invasive plant species I mentioned and and limited other species besides some of the existing Oaks shown on that plan before you now um so we are going to have an improvement of biodiversity and therefore an improvement of um functional capacity for wildlife as a um an important um benefit that a Coastal Bank offers to our coastal areas so as Brad mentioned I did definitely want to note that we are Beyond 10 times the required amount for mitigation here we try to look at that number but as you know if we can go comprehensively and make contiguous areas we get a stronger project um for the the wildlife for the site and for the Wetland protection act so we are overwhelmingly beyond the required amount um and it does use many of our typical methods but I'd be happy um you know to not go on right now into that and just field any questions about species methods and logic um I'm here to answer any questions so thank you for your time all right thank you for the presentation and I think think we probably have a question or two um let me start down this side over here ask if anybody has comments questions reactions what do you think Hi Ian how are you uh hello the uh the stairway down that's going to be replaced the wood Timbers yes replaced in kind um they're pretty heavily degraded um so it would just be in kind as part of the project while we have these minimal acts of disturbance we want to have the ability to do that I believe okay and uh as you proceed down the steps uh from the lawn uh the steps kind of take a a rightand jog and there was a little bit of erosion like a wash out heading down the bank how will you deal with that um we'll use erosion control blankets and our seed mix um there may be some you know when the where those steps meet grade and those little kind of micro topographies um you know there's sometimes a very minor Readjustment of the soil no more than you do to plant a plant um where we would just get the seed down and get a get a you know an 18th month erosion control blanket to hold those soils in place until the the grasses are doing the work and you're going to be putting um Stone in between the uh um timas um that technical detail I'm not sure in kind if there was a a a you know a St a stability you mean between each Timber kind of on the actual tread as it would be right I think I did read that somewhere I thought I saw something in reference to Stone steps yes so um with between the between the Timbers it would be in kind yes and uh what size Stone would you be using Timber Stone Timber Stone okay um I don't know maybe Brad you can jump in on that I'm a little in the technical detail for that I'm I've been working more on the logic of how the path works with the restoration and a little bit on you know we wouldn't necessarily be doing the technical installation of the stone itself mhm I understood the intent was to remove the Timbers and replace those with stone Timbers which be more of a a permanent element and in terms of the gaps of the of the Treads I I yeah it would make sense to leave them naturally I yeah why the in between you know's no stone there I am informed there's no stone in between the Timbers today so Stone so it's stone stone stone stone yes with with with Earth and yeah grass is in between yes correct correct that's my vision of us dug in stone stairway yes okay okay and uh let's see what else I think that's all I had I know there's a lot of English ivy on the property yeah um a lot a lot and that's going to be removed I suppose when the house is raised yeah I think you know you're going to get some removal with that act and then obviously we'll be chasing everything in our project area up and down existing native trees and and on the ground [Music] okay thank you welcome uh the trees marked with the yellow are those staying I would presume I don't I just couldn't see it on here the orange yeah I mean the orange of color blind I thought they were yellow yeah I saw they had those are stain there were a couple marked on the to left on the ease as you walk down to the water on the left side it's a magnificent tree also they're not marked on any plan is coming out yes those are just that was part of just capturing for a for the survey process um the tree yeah all trees are staying there's nothing marked on any of the plans about being removed yes so to be clear um you have see we've surveyed the existing trees the ones that are shown as existing are saying there is one section of um trees we propose to do some basically regenerative pruning cing and let a more healthier trunk grow and have and maintain a height um that is on the plan but um yeah besides there's nothing nothing else beyond that um that's this is a really nice spot I love that um that rail Tai wall man that's that's how you got it back it got it done back in the day I mean it's probably been there for 40 years uh I remember that property when I used to go buy it to go water skiing in Crow Pond uh yeah that's that's all I have for now thanks all right thank you Karen well you mentioned that CEST area um and you're maintaining the height um is that being viewed as a view corridor or because you're keeping it to a a low height of eight feet well R so the primary effort there is you have extremely degraded tree producing very limited biomass maybe not even performing as a tree so we are um trying to create a healthier more you know biomass connection to Wildlife larel stage of of moths and butterflies sort of ability of the tree while choosing one area where it makes sense to to at least you know memorialize an ability to keep a height we feel like it's really modest in terms of all the trees we are keeping on the site um and made a great effort so we sort of thought that that could be one strategic compromise that could both be a benefit to the Bank the wildlife and hopefully acceptable to the commission all right thank you well following up on that um so I see on the on the restoration plan you've got a circle around the uh Native bayberries that you're talking about regeneratively proving but I know that I saw a reference in the narrative to some of the Oaks is that the circled area just next to adjacent to cuz it's not marked as I couldn't find it didn't say that that's what it was but so the Oaks that are further down the bank are staying as they are they're not part of this there's the I guess I'll start with the first part the regenerative pruning of the bay Berry in Native Rose is just going to work like a charm it's going to you know release that bay Berry um after all this invasive plant pressure and the roses and it's just going to be a healthier stand so that's just a acknowledging that Land Management Act and the Oaks that we're speaking to are shown as that kind of rev Cloud circle on this plan and then they have it actually have an annotation on the same on the Resto plan but if you go to the um existing conditions section I just noticed that that's where they're called on on the existing yeah so and then of course in the text in the Land Management plan so big picture there's the IPM the stability the plant Community I talked about and then there's those two acts that we're not hiding the Oak area and just that Rejuvenation of um the Bayberry and roses and we think all of those together are going to kind of bring the project to uh a nice place okay thank you um what do you have any sense could you ballpark for us roughly the percentage of the vegetation on the bank that is native I mean I know you say it's heavily invaded are there native plants in there and if so how will they be protected when I'm saying heavily I'm meaning like above 80 maybe above 90 and a percent invaded in ter if we did a species survey um certain areas I mean I could show pictures would just be 100% Bittersweet Ivy um really the only things that are you know there are this these clusters that we're going to try to rejuvenate and release in in any meaningful way and then on the seaward side of the um project area we have this really nice transition um that you may have seen which is really healthy but just needs that kind of ability um to potentially put in a little bit of American Beach Grass which you see shown on the most seaward side of the project area um and just to make sure we're we're watching if there are any invasive plants that are kind of coming out of the bank area and moving into there but um yeah that's that that's what I'd say to that that area all right so so the the existing Oaks will be protected during the course of the project of removing the invasives um and that's probably that's probably the 10% that's is there totally that's really what you're getting there um besides like I said as it transitions to the um the seaword side of the project area Okay um I found there was a note and and of course now I can't find it because I I wrote it down but um at some point it said existing lawn to be restored yes and I wondered what that meant that has to do with directly behind the home where there's that uh sort of lawn padding for lack of a better term the the oh there it is half ccle yep Y and um so that is now there is lawn that goes out to the top of the Coastal Bank and there will be a strip of that lawn area that would be reclaimed with naturalized vegetation and that shows on Phil Cheney's plan that was in the package as well if you'd like Phil could speak a little bit more directly that's where I was going next is what about a vegetated buffer strip at the top of the bank cuz right now the lawn goes right to the top of the bank than all right and yeah Phil you want to good afternoon Phil Cheney Landscape designer uh you have my landscape plan there I believe as part of the package uh which contributes just a couple things really and that's sort of defining that lawn area there I'm pulling it back a minimum of 3 feet from the top of the Coastal Bank uh and replanting that with some native uh shrubs in those areas there just so we've got some uh some buffer also we're that existing cherry tree there is very important we're taking great efforts to try to preserve and keep that there so in case that was any question and so the exist the the lawn that remains um so even though the on one planet said be restored here you're saying it's it's receded with a Fescue mix right well the the idea is I assume that most of it's going to get destroyed in the in the course of removing building putting back so uh for lack of a better work just restoring what's the existing La in kind basically do you know is it currently irrigated uh I don't think so there I don't think that's irrigated there it's not okay the whole property is old school man yeah so this is okay yeah because this is within the 50 ft of the bank so the order will prohibit any kind of irrigation in there all right all right um okay Bob well Ju Just since we were talking about lawn I don't know if I got a definitive statement you you say replace in kind well basically there's you know some existing lawn in that area now that's going to be destroyed during the construction so basically bring you back to what's there now in other words well the part that's in the outer Aura in I guess in the ndz I don't know if any of it is in the NZ I can't see it very well but nor we asked for that to be native Fescue uh yes I mean uh that's not a problem I mean just yeah I guess I I was kind of referring more towards the fact that it's existing lawn that would become lawn again and I say it's yeah seeding with a Fue is be the only viable solution in that area so right okay so we can sure we'll specify that yeah we can specify that be next there backing up a little bit then to the performance standards discussion I didn't see and maybe I missed it the discussion of a requirement that we've had for the past year almost the past year that a variance be submitted for um coverage in the outer r that exceeds 35% and I don't know what your percentage is but it looks like probably more than that and I didn't see any discussion of that you have a variance for work in the ndz but I think you may have skipped uh a requirement I can't answer that so okay well go go take a look at our good indication if we skip that take a look at our Rigs and just calculate the coverage in the outer AA and if there is and if that exceeds 35% then we would need a variance discussion as to why it has to exceed 35% it could be part of the same discussion VAR or is the commission seeking a separate separate it's a separate requirement and then therefore a separate variance language based on the eyeball test does this look like a major issue or a technicality oh there's no difference there's no difference I I I look at I'm looks pretty close I it's it's hard to say it's hard to say it's close it's just something that we we need to work through right you have to make a finding about how much what the what the coverage is in that area thank you um one more thing I believe oh the area the of shrub oats I guess that will be height maintained maybe this is for Wilkinson was it considered and to replace those with appropriately High native plants shrubs let's say that would not need to be maintained we and this commission have been in favor of that approach in in many previous applications and I would be personally in favor of that approach here any where we can get to not having to height manage uh vegetation I think is a good thing yeah it was um and you we've definitely employed that strategy I think it's very logical to find the right species that are going to keep people out of of maintaining um you know into perpetuity with Heights in this case we we really thought with the topography and the way they were growing at the bank that we were kind of getting um a lot of benefit out of these established root masses in terms of binding soils and um and just doing good work um also just want to keep corcus the oak well represented on sight it is to a degree but you know the too far you go in that direction you start to um diminish the species on site um and I do think we're going to get a lot of help with the proximity to salt spray on the coast with these Oaks that actually it's not going to be a super aggressive um you know need for height management to some degree with that kind of salt spray so it as we always are it's somewhat of a complex balance of things um so you know we think kind of in tandem of bringing shrubs into that general area in the project planting but also retaining these f um was the best approach for this project but after saying all that I would absolutely say that making choosing that area saying we can remove them and doing shrubs um may be an Avenue my only last concern would be removal of trees triggers mitigation of trees and we are such a Well treed site I'd be concerned you know I really wouldn't have much room to play with um trees at least you know thinking um right now without without thinking more specifically so it's really you know bringing all of those things into play I think as proposed might be the best approach all around but I certainly not an absolute feeling on that well the The Oaks they're are aren't they what is the dbh probably very small right uh they're no they're bigger than small oh they are okay yeah so they've they just have kind of a you know they're not just saplings squat short and squat exactly exactly all right so that so you have considered it that was my question yep okay all right thanks other questions Bob go ahead round two that's a question for Phil um Phil I don't see too many Foundation plants uh around the build the new building uh what's the reasoning for that I've discussed that with the home owner and uh her word she is she's tired of battling Foundation shrubs the new house is is going to have a veneered foundation so it's going to be attractive with without doing plantings around that area the things may occasionally add some annuals for some you know seasonal color here and there but mostly it's about preserving space and just not dealing with that traditional Foundation shrub look so there's none intended at this point okay thank you what what's a veneered what is that it's a stone veneer on the foundation so it's going to be an attractive Foundation we don't need to hide it with you and Hol and yeah no I have both I have stone and then somebody's stuck in us and Hol and box woods and everything else seems counterproductive to get rid of them yeah yes when you can just enjoy the stone yeah so um the entry court and the patio in the back are they what is the that material the idea is uh we have some on-site uh blue stone um that's been reclaimed from another property uh the idea is to use that dry laid on sand base so there'll be you know some good size joint joints and things so it's going to be a nice permeable natural looking uh piece on both sides okay goe um can you so where you say the rip wrap Stone Terrace I mean it looks like it's just four little things jutting out I assume that's an entire Terrace because it makes it kind of I'm sorry the rip wrap Stone Terrace is not on the it says retaining walls it's on one is called a retaining wall on the other it's called a Terrace here yeah you have there's four little juts to the right of your Fescue lawn in the back the semi to the right of that semi semicircular lawn oh okay yes yeah by Terrace is there that's the retaining lawn that's going we're going from the first floor to the walk out in there so those are just you know natural style B older Terraces to just control that slope and uh okay prevent erosion along the side of the house there and then you have 7 foot five F 7 foot high retaining wall all along the left side of the entire the entire place um it just seems do you need 7 ft I mean that seems awfully high it's it's an uphill site uh there were just CR there's no desire to to disturb any more than necessary but just it's a very tight building envelope to begin with so uh I'm anticipating the worst there but it's there's an existing retaining wall that I think is around four 4 and 1/2 ft high and that's you know creosote ties and that there would be removed and say it's going to just get a little bit taller as we cut back into that slope a little bit so I think that's at the highest Point uh yeah I mean in the uh opposite that little patio there it's going to be maybe about 6 feet high and that's just my estimation given the existing grades and how fact how far back the wall May the top of the wall needs to go and all of that lawn that's between the house and this huge retaining wall is all going to be Fescue because it just says lawn right yes y now we can clarify that yeah any where I'm using lawn on there it's meant to be Fescue lawn okay so it's just kind of an assumption on my part now sorry no I just want to make sure that we are thinking the same as you are sure and and in the front where the entry court is and you have all that lawn everything within the 100 foot is f you correct I have a question go ahead yeah uh I I agree with Bob on these on these Oaks um I mean you know you might well well just remove them and put something uh small what's the what's that tree we're always complaining about that's small that was a service ber that's under story yeah the service replace it with service berries or something because if you're going to just keep topping the trees at 6 feet what's the point right I mean it's well that's you might as just remove that cluster and and and put smaller something smaller in there that doesn't need to be maintained and topped yeah I think like I said I think these are the interesting decisions in this work um and I think there's a possibility to to consider that so I I you know I like I said I don't think that's a bad idea yeah i' like consider it thank you go ahead Bob just followup on Landscaping sure plants so your client has no plans to put them in but we have a a regulation that 75% of the pl landscaping plants in the outer order would be native so any objection to putting in that condition for plants that aren't planned to be put in at this point in time I mean any work done like that would require you know an application that would be if it was planting within the 100 foot well we we could to my way of thinking we could say in there any landscaping plants must be native 75% native and so therefore a you wouldn't have to come back yeah that no that would be great if you do that again none are anticipated at this time but that's not a that's the expected condition if we did do any okay all right good thanks okay I got a quick question go ahead um the hauling next to the new garage um you have an X through it are you planning to remove that yeah that's going to have to be removed y but all the other trees will remain uh there's no other real significant trees in that area there it's mostly just Shrubbery that would be removed there may be some very small caliper trees in that area but I don't have a count on that it's pretty thick that's a that's a pretty nice Holly yeah it's a shame I'd say it would be nice to work around that but why does it have to go it's practically in the footprint of the garage it's it's an elevation about three feet higher than the garage and you know just a few feet from from the corner as you saw y yeah free from the side it's like maybe four feet from the side and it's several feet higher than the existing the proposed elevations so it's just and it's it's all and it's so large too I mean the you'd have to cut off half of it just to have it have the house fit beside it so out with the old and in with the new yeah could you uh what you going to could you replant another Holly on the on the property we could perhaps try to find a place I think there's some spots maybe on the uh Southeastern border within the 100 foot that we could certainly insert something like that sure okay that would be sufficient in my eye yeah okay is there a lot of regrading that's going to be necessary I mean this is such a a a a as somebody said a severely steep slope and um what is going to be needed in terms of regrading it for this project the regrading all takes place really in that concentrated area to the South soueast corner of the house that's where it's steepest and we're really restricted by that existing walking easement so everything is compressed in in that right keep forgetting about the easement really does uh control a lot do you need to bring in are you bringing in any field for for grading purposes or there I we haven't done a volume calculation yet but there'll be some if it's suitable Earth coming out of the foundation yep then we could we can use that and retain that on site to the extent that that's possible okay and all the ink berry next to the old driveway will remain as well to correct yes no no vegetation planned to be removed out in that area okay all right anybody else thank you for a go ahead Ian is that or uh this is uh Mike Bose from time Bond yes um I just wanted to say that I did a calculation of the um coverage within the 50 to 100 and it's uh 27.5% so it's under the 35% 27.5 well the benefits of attending remotely all right well that takes care that thank you that takes care of one of the two outstanding items that I had um so I guess the only thing it's outstanding is the question of whether what you're going to do whe you're going to reconsider the removal of those of those uh Oaks rather than comp compassing them to put in something that is low growing um does anybody else have anything that we've asked them for no just for them to document the 27.5 there yeah yeah you need to add that to the plan or add that to somewhere where it's official and I can adjust my plan to include the Fescue and make those not and show another Hol y okay all right not much you just did a good job of uh preparing preparing for this so what is your time frame on this is this happening quickly or do we have the you go to zba on the 20 that's correct tell you what I'd like to since July 11 oh the what we received says that you go to CBA July 11th okay okay just so you know that's what they say well they doesn't matter what we say no not really if you're not on their agenda on the 20th you don't bother showing up um so I think procedure really there's if the commission doesn't have any more questions or concerns then we would not need to meet until after the zba exactly that's what I say we hold at this point and then um trying to find is there any chance that the information that you have is not official um it came from Sarah Clark pretty official sorry if we could uh that That's Mike Collins who actually made the application for the zba Mr Collins can you help us here Maybe not maybe not is he muted with respect if in so I was in yesterday can you hear me now yes I was in the office yesterday and uh uh at following the U historic commission meeting and uh I asked to to uh to check Sarah Sarah was not available but uh Annie uh said that we were on for the June 20 I thought it was a 21st meeting not July I don't know this this is from May 16th she said that so maybe something changed quite possibly I again was in yesterday uh what's today today's Wednesday I was in on uh I was in yesterday yes well tell tell you what um we could tentatively schedule for June 26th and if you don't go on the 20th if you actually have to wait then you just ask for a continuance until after the zoning hearing and we'll move it to then that sounds does that work great yes thank you madam chair I move that we continue 289 cine road to the meeting on June 26 2024 second uh Bob hi Karen hi Eric hi uh and I vote I so we will we'll see you either one way or another thank you very much everybody thank you thank you thank you thank you thank you all right Paul thank you madam chair uh next on the agenda are the two continued matters y these are uh applicants for notices of intent the first is 93 scattery Roose Scott Ward and ingred Goldman map 16j parcel 20 A9 the EP number se10 3679 project is replacement of an existing pool in a tennis court and the applicants requested a Contin to June 12th 2024 I move that we continue 93 scattery road to the meeting on June 12th 2024 second Bob hi Karen hi Eric I and I vote I that's continued okay next one next one 30 series Point Lane mlay family property LLC limited liability company map 11a A1 parcel 6-4 D number SC10 3677 project is proposed Waterfront maintenance and the applicants requested a continuance to June 12th 2024 I move that we continue 30 Ser Point Lane to the meeting on June 12th 2024 second uh Bob hi Karen hi Eric hi i b i that's continued all right this is getting moving along faster yeah next on the agenda is 340 Bridge Street Martin and Nancy uh Bach map 16b parcel 23-20 the EP number SC10 3683 project is removal of a Cess pool from the buffer zone and replac with a 1500g septic tank distribution box and and 32t long and 11t wide by twoot wide deep reaching chamber system good afternoon good afternoon yep go ahead hi my name is Gabriel Pilla from uh gr Consulting um I am here uh represent Mr and Mrs Buck um so I will share my screen here can everyone see the plan yep yes so um we are removing an existing cess pool that is right under the driveway currently and is at 7 UH 60 6375 a little bit over 75 ft away from the Wetland um we are upgrading that system into a galley system now the the lot itself is 7700 sare ft so it's a small lot um and the location of the the system pretty much that's the only place where we could locate it uh without getting into too much disturbance um we already went through the Board of Health with this job and they did approve the requested waivers that we have with them um and we are also proposing erosion control around the project area we have silk fence on this end silk fence on this end and also we have silk fence here where the stockpile area will be um if there are any questions I would gladly answer them all right thank you very much um this is pretty pretty straight forward um I'm just looking at the I see where the silt fence so the silt fence uh there's a a maybe a Pao or something in the back it says pavers remove is that yeah that that will be uh yeah those coming out and yes I do believe so um I will get confirmation on that but I do believe so that they're coming back okay and they'll be dry laid yes okay we require that okay what is the material of the driveway is that going to be stone or um I believe it's a pave driveway as it is right now let's see actually no it's a pstone driveway and it's going to stay that way yeah yes yeah yep okay all right and we've got the Board of Health approval soy go ahead Bob I see you finger over there uh Hi how are you uh the going fine thank you uh the U hydren next to the driveway uh there are some other plantings as well well what's going to happen to all those plants um there is no there is we're not looking at any impact to those plantings um all the work is to be kept within the driveway itself um we can call out a protection area for those okay if if you do uh tend to go into those areas um could you plant some natives yes in those areas and uh would you uh would you have a plant schedule for those areas I mean I it looks like those areas are going to be disturbed um I mean the the uh limit of work Stakes I think were outside the uh those planting areas well we could definitely provide a plan with uh with a plantings around that area if uh if it were to be disturbed okay thank you good anyone else I don't have a question I just have an observation um you mentioned that you're installing an IIA system can you do can can you say what the brand is or the model or whatever um no it's not an IA system it's a regular leaching chamber oh it's just a title F okay I thought you I thought the other one was yeah okay never mind I withdraw my question I know I want to learn more yeah know we yeah we did request some some waivers with the Board of Health but that was due to the location of the system uh being too close to the um to the foundation being too close to the property line and things like that okay all right um so what will do is um we'll schedule this for an order we will provide and the the order will have a provision that if um if plants are removed or damaged and have to be taken out as a result of the project then you'll then submit um a list of native plants that will be used to replace them then the the conservation agent will approve that we'll do okay then I think we this can be scheduled for uh June 5th I move an order I move that we continue 347 Bridge Street to the meeting on June 5th 2024 for an order of conditions second all right uh Bob hi Karen hi Eric hi and I vote I we'll see you back here on June the 5th for the order thank you thank you all right Paul thank you madam chair last the last uh notice of intend on the agenda is 43 Edgewater Drive the applicant is 8 hrey Molton Jr math 15 A1 parcel h125 D number se10 3684 project is construction of a 31 square foot Edition and the installation of utilities and a generator hello uh David Clark M Clark engineering and Joyce Williams on behalf of the Molton family um this started off with a simple little uh Canal leave it addition and uh little things kept getting added to the project which turned it from a request for determination to a to a notice of intent primarily because of the trenching involved in replacing utilities so um the the property lies uh on a little uh embayment next to chadam Harbor uh right around the corner from uh um outermost Harbor uh um Edgewater drives itself it's a paveed roadway separates the house from a little Coastal Dune and ass salt marsh and and the little Estuary um so the entire property is within the flood plane it's fairly level a lot um developed uh 50 or 60 years ago I believe well longer than that um so they were making renovations to the house and decided to put a small addition on the back basically it's a closet um they wanted to do more but uh it would trigger the FEMA building code requirements um so they're trying to stay under the radar that along with other improvements inside the house um they're also adding a generator the generator runs on National gas the gas stops just shy of their property line to the west and so National Grid will be uh extending that gas main to the property where with when where we will then pick up and uh bring it into the house and also uh service the generator um part of the renovations is to to add central air they're getting rid of the window air conditioning unit so we need to provide for um an AC uh condensers outside those have to be elevated uh to one foot above the flood plane uh as a mechanical system um is is my understanding um and there is an existing outdoor rent station and they're re relocating that uh so Al together uh there is a 110 square foot increase in sight coverage within the flood plane um the addition itself uh to the structure is only 31 Square ft but the mechanical systems uh between the pads and the platforms that they have to be mounted on is another 79 Square ft so with that we we required to provide mitigation under your regulations and Joyce is here to talk about that hi good afternoon Joyce Williams landscape design chadam the proposed landscape project proposes planning of 2085 and I apologize I have a discrepancy here of two I say 290 in my narrative but I have 285 on my plant list um we can go either way on that but um um mitigation would be at a 2:1 U required uh ratio and that would be 220 Square F feet of mitigation required and we're proposing the 285 290 square feet um I've included a plant list of all native plant material and they would be planted uh just inside the existing uh post and rail fence that's there and closest to the approximate limits of the barrier resource system um as shown on on the site plan and and my landscape plan we would be doing um repairs to the existing lawn area and I say that with quotes around it because it has a great deal of of Woody understory Juniper type of plants and Heath kinds of Woodies that are coming up within what had been a lawn area that is uh no longer irrigated the irrigation um has been or will be I think it has already been abandoned for some time but periodic mowings of that lawn uh in order to maintain some play areas and obviously access around the house um typically I've been told that in season it's mowed a couple times a month and U just only as needed uh there after um we've relocated or would be relocating the U open in the post andreil fence that is accesses to the beach um moving it slightly to the east in order to um have the contiguous planting U as close to the resource area as possible doing lawn repairs in two locations as mentioned okay any questions I'd be happy to take thank you uh questions I have question go ahead Eric I um I know this mitigation Small Potatoes but um you know it's encouraged to I think it would be better to to uh for this mitigation to be antigues with with another section of vegetation um if you look where that existing o tree is if you add to that coverage then that's strength by numbers it's kind of a contiguous it makes it bigger rather than all by itself by a fence and the oak tree will provide shade for the new plants I you know I I would would you cons you know consider doing that instead rather than out by the fence because it's kind of like all by itself I would want to check with the homeowners but I I don't see an issue with it um I was trying to get as close to the resource area as possible which is typical of what we're asked to do we we normally like that except when there's a road and a fence in in in which case it it loses a lot of the value that it would otherwise I age I think there's enough room there in in the area of that Oak existing oak tree U to maintain the lawn areas open lawn areas that they have been accustomed to and just sort of wrap them around that U southerly end of that existing yeah Joyce I don't know if you guys can hear me this is terrific this is Jeff Molen I'm the home homeowner soell glad you're with using in um and so that would be fine I I think you know if if uh if the commission thinks it would be better and I understand that uh it also solve the problem of there being any you know potential blockage of our view so um we could certainly modify the plan to add that square footage contiguous to the space to the west of the house and that'd be fine with me and you won't have to run the hes all the way across the lawn water them right also on that note if Jeff is in in agreement uh we could because I was being sensitive to keeping their views available U I used some smaller plant material that we could beef up with something that's going to be bulkier than things like bearberry for instance that I pr well I just Jo be cautious about that because we have two neighbors behind us um whose views will be affected by taller plants that I don't want to get crosswise with them I I think your list is great the only thing the only thing I was concerned about was the rug junipers I don't know how they're going do by himself over time but hey if they're on the list onist some there's some juniper conferta or something like that that's already there and that's what I was drawing from was what seemed to exist in that area yeah so we'll stick with the with the plant list as is and just move its location slide it over um other questions yeah you so the grass seed joist will just be it's a Fescue mix that if we're lucky we can get it with some of the Native rescues in it but it's really hard to find sure yeah I had the same concern that Eric did about the Juniper it gets weedy over time especially the the re very very very low stuff grass has start growing through it and everything else but the uh the conferta what's the uh Pacific Blue Pacific Juniper yes I listed I listed horizontalis because that looked more like what was actually growing there uhhuh um do you do you object to the native fescues coming up through it no no because they seem to coexist I think that's that would be problematic in my mind yeah that's fine okay thank you thank you so I can adjust I will adjust the plan to show that yep great okay um so we do have a couple of things to to fiddle with on the on the mitigation plan and move that we also noticed that um so you do need a special permit from zba and have you filed you have a date um uh no no I just just got into town today from the west and so that's next on my agenda okay um we can we can schedule this for June 12th to come back and and take a look last look at the plan and make sure that we're happy and then we'll hold on issuing any order until you've gone through uh zba terrific thank you very much that'll work I move that we continue 43 Edgewater Drive to the meeting on June 12th 2024 second Bob Karen hi Eric hi I say I we'll see you back here June 12th thanks very much thank you appreciate it thank you Jeff yeah thank you Mr homeowner for coming it's great when they show up and suddenly you can answer questions yes you know oh great all right Paul all right we are now on to uh certificates of compliance the last items on the agenda I have three for 110 seashell drive would you like me to read them all and just go through them yep okay 110 seashell Drive Kevin and Patricia Barry map 1A Parcels S1 SC10 3444 nourishment uh rep permitting next one is 110 seashell Drive Kevin and Patricia Barry map 1A parcel S1 sc103 216 install stairs over Cal Bank accessway to basement and replace existing leech facility and the last one is 110 seashell Drive Kevin and Patricia Barry map 1A parcel S1 uh this was a local or order only for Bank stabilization I don't know if the Commissioners have had a chance to sort of look at the documents that we posted up but we spent a lot of time um going through these uh files to get these things to uh complete applications for coc's there's a closing coming up the first one uh for Beach nourishment um basically uh is for one0 Sea Shell drive but there are two other properties involved um that are adjacent to it and that's 60 SE mist and uh 94 uh seashells I mentioned those only because we're talking about um 10,000 cubic yards of nourishment being placed over the the uh shorefront in front of those properties uh all three um to the low uh excuse me below mean low water and they have permits from the core the Army core 91 that are all existing uh so what we're doing here is basically adding uh an ongoing nourishment condition to the um water uh and I have a detailed list from uh kathern Ricks um at Ty and bond um I've gone over this with Ted um there's lots of things they have to do before they can put down the nourishment um that will allow us to make sure things are done correctly but there's a list of ongoing conditions I don't think I need to read them all um the next one uh was SC10 3216 that was for the stair installation uh over the bank the accessway to the basement and the uh replacement of the existing leech facility um I have certifications from uh time bond that they recently inspected this that it's in compliance I went to visit the property uh they are I also have um a complete application when it comes to the mitigation aspects um from Blue flax uh the last one is for uh one 110 seashells drive it's a local order only this was a 1998 order for Bank stabilization and durab bags were used they were there's some issue of whether they were even put in or not um but it's old and in any event they're out uh they're gone so they were replaced by fiber rolls so essentially what we're doing here is just giving the applicant the ability to close this out for the uh real estate transaction that's coming up um and there'll be ongoing Beach nourishment um Ted Keon was involved with this I went down to the site and met with him um and you may have noticed a fair amount of sand having recently been placed there it's not all the 10,000 but um Ted's very much in favor of this location receiving this much sand so long as it's done in Conformity with the uh conditions that set forth in the uh ongoing conditions attached to the C that's kind of essentially it uh any questions I'd be happy to answer um well you know as I said it was a complex file yep and and attorney Riley is standing at the at the podium attorney Riley yes my my [Laughter] brother um so I as I I get I get so the two 3216 and uh 3444 no the other older they're just being closed out 3444 is being is being certified with the continuing conditions for the nourishment and all cor other things that were agreed to for that took a while to get us there but we got there on that and I appreciate Paul's been tremendously helpful oh he's good at that and he's the best so okay do you have any comments or questions or concerns I'm a success at the Conservation Commission if I say nothing that's good um okay so Paul are we going to do we should do these separately or yes you should do them you should do them separately okay so we're going to do we'll start with the with 3444 continuing condition approve the certificate of compliance for 110 seashell drive with ongoing nourishment conditions second uh Bob hi Karen hi Eric hi and I vote I so 3444 is got the conditions and then 3216 is just a straight up close I move that we close the certificate of compliance for 110 seashell Drive se10 32116 second Bob Karen hi Eric I I say I okay I move that we approve the certificate of compliance for 110 seashell Drive the local only Bank State isation second B hi Karen I Eric I I say I thank you very close your deal well that's so you know in addition to those there were two sueding orders one from 1981 oh no for no work was done and one from 1995 which was a shorefront protection there was completely complely removed and replaced with the with the 3216 and we've been waiting a month now to hear from the Lakeville oh boy but thank you very muchly appreciate it we try to be efficient that's the end of our agenda are you minutes minutes U I know minutes um all right just hold on one more minute we're going to finish the minutes and then you you'll be you can come up under unforeseen items brought before okay that will be you we got it all right we have three sets of minutes they have been uh posted um let me open all of them and um make sure all right March 27th April 10th and April 3rd yeah uh there have been some minor changes um does anybody have any further changes all right then I'm going to accept all the changes and get these ready [Music] for Crystal to finalize just do a motion we can do I move that we approve the minutes from March 27th 2024 April 3rd 2024 and April 10th 2024 second Bob I Karen I Eric I I say I so minutes are approved uh Crystal I have accepted the con changes and they are ready to be uh sent out or whatever we do with them at this point not sure posted posted thank you before she speaks I would like a five minute break if that's okay other words you mine no I okay go we're almost out of here so um all right so we're down to well I'm going to wait for him to come back before I say what we have to do for next week so Mark we're taking a five minute break e e e e let's guess this one done first all right we are back uh so we're down at the bottom uh unforeseen items we have two of those today so we have somebody in the audience who would like to address the commission and you may come up and have a seat and put the push the button for the it's green it's already green you're good yeah okay I'm Harriet Prout and I just wanted some information about you sent the letter to the Cape Cod Commission and I was wondering if you had kind of any information as to how long it would be before they had a hearing how we would know how I would could find out when their a hearing would be coming have you done this before and it takes years or does it take months we have not so we don't have any this is the first one we've done so um and um I have not heard anything back from them they have their own processes um I suppose you could just try calling and and just asking them okay um and seeing if you can get somebody um do they let you know first or do they let I don't know um we don't know um I don't the as I am need to yeah no we we're we're just moving ahead with our own on our own side okay um independently of what they're going to do okay because um and that's probably for the best that each agency is looking at it independently okay okay so we we may or may not reach the same conclusions but I haven't I don't have any visibility into what's happening there and what's happening there okay thank you so much you're very welcome so on that note um we have h a special hearing next week at this time for the airport um so I've put some materials into the Dropbox um because you know we have reams of materials the one good thing is that we were able to pull apart the you know noi from whatever 400 and some pages into into different components that makes it easy to look at so there's the performance standards there's the variance request the site plans vet um and the vegetation management plan and they're all separate in the drop box I'm also going to add some other um relevant materials um that are um the the layout plan the FAA letter a couple of other things um and I'm encourage anybody who as you if if you're looking over your own ream of materials and you see something that you think is important for the way you're thinking either put it in there or let me know and I'll put it in there so that because everyone's going to have to speak next week I'm asking everybody to to uh make a statement um sort of in the in the way of a of a straw pole um to indicate how your what your current position and thinking is on whether the project can be conditioned to meet performance standards and if so what conditions you would think would be important in order for that to happen um or on the other hand if you don't think it can be conditioned um why not um and indicate that you'd be a strong vote against um so one way or the other we'll we'll have a Stoll poll at the end of the hearing next week I am ex hoping it's our last substantive hearing and that afterwards we will move forward to um preparation of a of an order of conditions um or a denial depending on how the votes go um and that would be scheduled for sometime in late June for a vote so I'm hoping that you know we got the end of the road is is coming up so I have a question you you were asking about the the legal terms remember you asked them to bring you the legal terms as why they have to do we asked them to show us to bring documents documents evidencing that the FAA is requiring this project you know I know the FAA has regulations that say obstructions can't be in the approach Zone but um you know as we'll talk about next week we you know they say one thing other groups of people say something else and you know we don't we shouldn't be called upon to decide who to believe leave we need to look at and see what the what the what the documents say so um whoever produces the best wins I again no I'm kidding um that's why I'll be putting information into the Dropbox that is relevant that things that such as the the mass do did Issue a letter approving the vegetation management plan and and indicating that they believed it has to be complied with so that's that's an important piece so but at the end of the day it's the performance standards it's the grounds for variances you know that's what we pin our decisions on and the town meeting did not vote in favor of the new flight paths it did not so how does that impact what we do here we don't know um I'm going to put into the Dropbox um relevant documents so that vote was to amend there's an existing bylaw in Adam wouldn't and that's going to be yeah that'll be put into the Dropbox so you'll see what that was what that vote was trying to amend and there's a map that goes along with that I'll just put that in there so you can see other other than that who knows I don't know what the don't know nobody knows okay Paul anything else no um I I don't I'm all set all right then I guess we're ready I'm sure you're ready to ready to go all right ready to adjourn I move that we adjourn second Bob hi Karen I Eric I Bob I I say I we're out of here thank you Paul thank you Crystal pretty butterfly