The proposal for a swimming pool on Morris Island Road was one of the focal points of the meeting, drawing considerable attention due to its location within a 50-foot buffer zone, prompting a request for a variance. The property, largely situated within this no-disturb zone, required the homeowners to present an alternatives analysis. Despite the addition of the pool, the project promised a net reduction of structures within the 50-foot buffer zone. The plans detailed a significant effort to manage invasive species over a 6,400-square-foot area and to restore native plants.

The proposal also included a plan to install a drywell for drainage in an existing lawn and the removal of an asphalt basketball court, which would be replaced with a Fescue microclover lawn. The project sought to create a narrow buffer strip at the top of the coastal bank, intended to act as a vertical buffer to floodwaters, rather than a sediment source. The plan involved rerouting the existing driveway, which would necessitate the removal of several arborvitae, although the homeowners committed to planting 15 new trees as part of the landscaping efforts. This landscaping also included the introduction of five native trees, such as red maple and Canada serviceberry, alongside 119 native shrubs like arrowwood viburnum, fragrant sumac, inkberry, and winterberry holly to replace a brick patio encroached upon by large trees.

The commission delved into discussions about the project’s implications, such as the necessity of implementing a vertical buffer against floodwaters and managing the spread of invasive vegetation into adjacent wetlands. A critical question was raised regarding the basketball court’s prior permit status, leading to a review of records that showed the court had been included in a 2007 order of conditions and had received a certificate of compliance in 2009. However, concerns about the failure of previous mitigation plantings due to unsuitable conditions and animal browsing led to suggestions for adjusting the mitigation strategy.

She raised concerns about the proposed modifications to an existing lane and the potential loss of vegetation, emphasizing the need for clarity on the driveway changes and their impact on the surrounding environment. The commission underscored the importance of thoroughly evaluating past conditions and addressing community concerns while balancing the property owners’ desires for new development.

Legal disputes further complicated the proceedings. An attorney representing clients involved in litigation at Barnstable Superior Court voiced apprehensions about alterations to a private lane. The attorney highlighted that certain mitigation measures from a 2007 order had not been fully adhered to, presenting photographs as evidence. He also questioned the legitimacy of the asphalt basketball court and raised issues about a stockade fence installed without a permit, asserting that it was within a floodplain and lacked the necessary notice of intent.

Greg Clark, responding online, attempted to clarify the attorney’s points, arguing that the focus on litigation regarding an easement on his property was a diversion. He contended that the fence had been replaced, and evidence supported its pre-existing status before recent replacement. The commission grappled with reconciling conflicting references in the historical documentation of the fence’s status, with members noting discrepancies in plans dating back to 2006.

Due to these complications and the need for further investigation, the commission agreed to continue the discussion regarding 69 Morris Island Road to January 22, 2025. The meeting also covered other agenda items, including a notice of intent for a property on Dune Drive, where plans involved raising and reconstructing a portion of a dwelling with minor lateral expansion. This project drew no significant objections and progressed smoothly.