##VIDEO ID:VoiD-rIncDM## e e e e e e e good afternoon I said I would be organized and I'm not this is hearing of the cham Conservation Commission being held on December 11th 2024 in accordance with Massachusetts Wetlands protection act in the town of chadam wetlands protection bylaw and regulations my name is Karen latner and I serve as the chair today's hearing is being broadcast live on Xfinity channel 1072 and is being recorded for the on demand archives available on the town's website is being conducted in person by phone and by video conference the agenda instructions on how to attend and copies of documents for review or post on the town's website to all participants whether attending by phone or online please remain muted unless you've been recognized by the chair when recognized please identify yourself for the record if you're attending by phone you can mute and unmute by using star six if you're online and you are not a commissioner please keep your camera turned off unless you've been recognized indicate that you wish to speak by using the raised hand feature so that we have a quorum I will ask now ask each commissioner to indicate their presence Vice chair Elise Gordon present Janet Williams present Cheryl missery present Eric hbert pres Paul Johnson present Bob Delio present and I'm here so we have a COR before we begin the agenda are there any announcements for any continuances today Katherine yes we have one continuance request for determination determination of applicability at 346 Morris Island Road the applicant has requested a continuance to January 8th 2025 great thank you at this point Katherine Ricks the assistant conservation agent will now lead us through the agenda okay we have one request for order of conditions at 170 Vineyard Avenue map 10d parcel 4- d114 for David Briggs Mast EP SE number 10 3703 proposed raise and replacement of single family dwelling okay hi Hannah I see that you're on hello for the record Hannah RIT Wetland scientist with BSC um I know that at zba the application was withdrawn we did create a order but given that it's been withdrawn from zba we won't be approving it today because we need to make sure nothing changes on for anything that we're involved with just so you know okay um did you receive the order or did you see yes I received the order of conditions um and I I don't have any comments oh okay great do any Commissioners have any comments on this go ahead Janet just the the question that you also flagged after we took out the um I went back to the to the uh site plan and I I can't find anything in the ndz there doesn't not even temporary construction work so I think that we should probably take that one out this would be um Hannah special condition two which says no activity in the no disturb Zone since you're not going to be and working in that and the reason that we would approve a variance but there isn't one yeah I took the Varian out so so um anything else okay so we do need to continue this Hannah um I I don't know what you're thinking as far as with zba so I don't know when you'd like to continue this too um yeah we have to communicate with the client to have an understanding of what they would like to do with their filing for zba um so I don't have an answer on when they will be uh refiling and on what hearing date they'll be meeting on um so I guess I'll take your advice for how you think we should continue this out what if we continue it to one of the hearings in Fe February and then if you still aren't going before zba we could continue it again at that point how does that sound I'm thinking maybe later in February because I'm sure zba is at least into February now for hearings um so that might be Fe February 26 would that work yes let's go with that okay so then we need a motion to continue I move that we continue 170 Vineyard Avenue to February 26 2025 second okay Paul I Janet I Elise I Eric I Bob I Cheryl I and I say I so we will see you on the 26th or if there's still nothing to report you can always request a continuance okay understood thank you very much for your time thank you all right Katherine the next one hey we have a request for determination of applicability at 346 Morris island road map 15 A1 parcel 3- h143 for Patrick Brogan r427 septic system upgrade the applicant has requested a continuance to January 8 2025 okay if we could have a I move that we continue 346 Morris Island Road to January 8th 2025 second Paul hi Janet I Lee I Eric I Bob I Cheryl I and I say I so that's continued as well okay the next Catherine hey notice of intent at 36 Dune Drive map 16a parcel 10- C6 for Richard poio Jr Mass D SE number 10- 3707 raise the southernly portion of the dwelling reconstruct the portion of the dwelling with minor lateral expansion raise the floor to meet the designed flood elevation remove the deck at a step okay I am not seeing that um is there anybody here for 36 H okay um maybe we we should hold this until the end in case that's unusual that that's not here so um why don't we have a motion to table it I move that we table 36 Dune Drive until the end of the meeting today second okay Paul hi Janet hi leise I Eric I Bob I and Cheryl I and I say I Okay so cther in the next one 43 notice of intent at 43 Morris island road map 16a parel 1-10 for 43 Morris Island Road there's no Mass D number yet proposed addition of a covered porch with a roof deck on the rear of the existing home within the area of the existing stone patio how are you uh good afternoon for the record Tim Santos from meril Engineers Lance representing the applicant um I actually do have a DP file number that I can submit okay I after we're done you can leave it with our agent who's sitting right there not a problem um again for the record Tim Santos representing the applicant property is located at 43 Morris Island Road um currently developed with an existing single family home detached garage patios um lawn and landscaped areas we're here tonight looking for your approval or this afternoon I should say looking for your approval to construct a covered porch and roof deck on top of the existing patio in the darker brown color as shown on the plan before you it's located on top of the existing impervious patio there's no increase of impervious structures on the lot and we're hoping the board can approve the project that's before you if you have any questions or concerns I be more than happy to address them great thank you um I think I'll let Elise do you have any the only question I had was regarding the uh replacement lawn that will be going in that will be native Fescue I'm that's a question replacement lawn within the construction access correct um so the construction access there's no there'll be no machines going back there it'll just be uh basically anything carried by hand um or wheelbarrow and uh the other thing that I want okay thank you and the other thing is are there permits for the stone walls and the path and the garden and the garden um I'd have to look into that are you talking the stone walls that are located down within the 50 Foot buffer zone and the path down to all the retaining walls we can't find any any permits um I can talk with the the homeowner and I'll have to look into that appreciate it there is a plan from 2005 uh where is it h that's not it um I'm not finding it right now I'm not I'm looking too I'm trying because all the names are cut off there's quite a few entries for this um and it did not show um like the the patio that in the front where the drive right next to the driveway doesn't show that it doesn't show um a lot of things that's why we're questioning it um so if you could check into that that would be good um I have a question about how are you how is this being constructed on top of the patio sure the um the patio itself has a full FR participant is now joining oh somebody has has a has a 4 foot Frost wall and a slab below so on top of the slab is the uh is the pavers and what they would be doing was they would be uh drilling into the slab and epoxying the bolts right into that slab so there's no excavation required okay um does anybody else Janet so what is the um just remind me what's the material then of the porch of the floor is it going be papers going back down or the it's the papers that are there will remain and what they they'll do is they're just going to drill holes through the base plates support for the supports okay I got it and can you just go back for a second to what you were saying about the construction access so you're only hand using wheelbarrow it would just be like hand M all the materials would be carried around by hand any wheelbarrows there's no intention any Machinery to kind of go back and forth because there's no excavation required so you're not planning on on redoing the lawn area within that access well it it hopefully doesn't get beat up but if from the the foot traffic I should say but I guess if it did it would be redone in accordance with your standards for long within your jurisdiction correct um okay and is there existing there I take it there's existing uh permanent Irrigation in this lawn I believe there is okay oh well y anybody else Eric yeah I was just going to say you can rent Drive mats and just put them on the lawn walk on them pull them up and it's like new you don't have to CU When you're mixing different grasses together that's not going to look good I'll talk with the contractor that might be the best option thanks um anybody else Bob uh Hi how are you excellent um there's a pile of blue stone um to the right of the garage oh you have a a note on it oh we we moved it along oh okay never mind thank you um anybody have anything else no um so we need are going to need to continue this uh because if those walls and the garden are not permitted there has to be mitigation for those you have to re you're going to have to modify the noi for after the fact see whether we'll even approve it given summer on the top of the bank um so when would you like to be heard again um can we uh probably go sometime in February what would be uh we have the 5th the 12th and the 26th why don't we go the 12th that should hopefully give me enough time to talk with everybody and get potentially revised plans in the board if needed that be great and to research whether there are permits um so we need a motion please I move that we continue 43 Morris Island Road to February 12th 2025 second okay Paul hi Janet hi Elise hi Eric hi Bob hi Cheryl I and I say I so we'll see you February 12th if not sooner thank you for your time thank you okay Katherine the next okay we have a notice of intent for 69 Morris island road map 16a parcel 5- C1 for Gregory and Teresa Clark no Mast D number yet construction of a swimming pool walkway rout existing gravel driveway privacy fence along the driveway replace existing arbites remove basketball court remove fenon garden and mitigation good afternoon hi Teresa sprag with blue flax design here on behalf of Gregory and Teresa Clark and I believe Gregory Clark is joining us online and his representative Victoria Clark is also in the audience um we're here today with an application proposing the installation of a swimming pool the removal of an existing asphalt basketball court the removal of an existing brick patio the re-rooting of of um the existing gravel driveway and um a mitigation um for that including invasive species management and restoration planting um resource areas on the site include the site's approximately 29,99 3 square feet resource areas on the site include land subject to Coastal storm Flowage um elevation 13 AE elevation 13 and a Coastal Bank acting as a vertical buffer to flood water um along with the associated adjacent Upland resource areas the majority of the property is located within the 50-ft buffer zone to the Coastal Bank and the majority of the structure on the property is also located um within the 50 Foot buffer of the Coastal Bank so we are proposing to install a small swimming pool a fairly modest swimming pool in an ex area of existing lawn um the swimming pool size is um 16 by 25 um we've included a construction protocol from the pool company um so we've got a 16 by 25 swimming pool with um a 30 foot shallow end and a 6 foot deep end which will include an 8 by8 Spa within the swimming pool itself um the pool will be located within the um existing lawn area and you can see a photo of that um in Our Land Management plan on page three of our Land Management plan um in mitigation for that we are proposing to remove the existing asphalt basketball court and the existing fence that's located at the top of the Coastal Bank um which was once a garden and is now currently filled with um invasive vegetation um with the removal of the structure um the asphalt basketball court and the fence and the re-rooting of the driveway we actually have a net reduction in coverage within the um conservation jurisdiction of 270 Square feet so while we are adding structure the reduction offsets that but in addition to that removal of structure we're also proposing an additional 6,42 Square ft of mitigation in the form of some lawn removal located at the top of the Coastal Bank as well as invasive species Management on the Coastal Bank itself um invasive vegetation noted on the Coastal Bank includes shrub Honeysuckle multifloor Rose border privet Asiatic bitter suite and porcelain b along with a dense stand of Japanese swe located at the top of the Coastal Bank in addition to that there are um white pop saplings present throughout the entire area which will also be removed we did note some native vegetation within the area including Eastern red cedar Bayberry Arrowwood by Burnham high tide Bush and service Berry but they are all currently being covered by invasive Vines and inundated with Vines um there is no natural heritage endangered species um identified critical natural landscapes or rare species or endangered species on site um so with that we are proposing the construction of the pool which is proposed to be located within the 50-ft buffer zone and with that we are requesting a variance um to locate that pool within the 50ft buffer zone we um we have provided an Alternatives analysis but because nearly the entire property is located within the 50-ft buffer zone there's no opportunity for us to put the pool outside of the ndz um we the only alternative would be to not construct the pool which is not a preferred alternative by the homeowners um so despite as I noted despite the construction of the swimming pool the project will result in a net reduction of structure within the 50-ft buffer zone um and additionally with the 6,400 square feet of invasive species management and native plant restoration we believe that we um meet the variance criteria outlined in part one section 1.12 for the Chad and wetlands regulations as a there's no feasible alternative location for the project within the project site mitigating measures are proposed that will allow the project to be conditioned so that it contributes to the protection of the resource area values and that there will be no adverse impacts from the proposed project one other thing I wanted to add is we are proposing to add um a drywell for a draw down so a leech pit for draw down I'm sorry I didn't add that earlier that will be located in an area of existing lawn just below the granite steps in the stone wall the area where the basketball cord is to be removed will be receded with Fescue microclover lawn um and then we are creating a very narrow buffer strip at the top of the Coastal Bank which again is not acting as a sediment Source but is acting as a vertical buffer to flood water um the with the rerouting of the driveway um the existing arbores will be removed removed but they will be replaced so 15 additional arbores will be replaced um along with some privacy fence along the re-rooted gravel drive and um with the restoration planting we're proposing um five native trees including um including red maple tup below um and Canada Serviceberry above and beyond the additional five arbery that 15 Arbor that are going to be planted along the newly relocated fence as well as 119 shrubs native shrubs including Arrowwood by Burnham fragrant sumac inkberry Holly Northern Bayberry summer site and Winterberry holly um in the area where the patio brick patio is being removed to the south of the existing larger brick patio um and just below that retaining wall that area is um there's some large trees located in that area it's it's they've grown in quite a bit since they were originally planted um making that patio unusable anyways so we're proposing to remove that it's approximately 163 square fet and infill that with um shade plantings including marginal wood Fern spotted geranium and foam flour um there's really not enough room for shrubs to grow and be healthy in that area so with that I'm happy to answer any questions about um the proposed project um I think the other note to this is that any damaged native vegetation will regeneratively prune using best management practices but it will remain in place so the planting that we're showing is fairly conceptual um just because we think as we uncover and find additional native vegetation that we can regenerate we will do that um as part of the plan happy to answer any questions about the proposed project planting Etc Teresa you said you're putting in five additional native trees I'm only seeing four listed there were two Canadian service Berry one red maple and one tup thank you I misspoke it's four additional native trees and 15 arbores okay I just wanted to make sure that something hadn't changed NOP nothing's changed thank you uh anybody else have any questions comments what all right I'll start yeah um okay I have a couple questions but the the the big the the um the big one is do we have and ask the commission as well is there evidence we have permits for the construction of that basketball court in the no disturb Zone it makes sense as an exchange if it was allowed in the first place but if it wasn't um so the B my understanding is the basketball court was included in an order of conditions that was issued in 2007 for which a certificate of compliance was issued in 2009 so that included um the basketball court along with the brick patios um Etc and the um and plantings and a certificate of compliance was issued for that order in 2009 okay do we um is that all conf we have all the stuff on that there is what was wrong with that now I got to find it again because all these names gotten plan 2006 do you have it up or do you want me to share oh is that what that was I can share I saw it is that it I'll share so go ahead whoops I thought I shared Shar here does it come up like that did it come up no I hit share there was something up briefly yeah it came up asking me to add people so I don't know why it's doing that is this it here this one yeah it says 2006 right let me share it do you have it it's not letting me share yeah yeah yeah for some reason on my yeah but I've got so this is the 2006 plan which I think is what the COC that you referenced is for and is that the basketball court down on the right correct yes so but it's not asphalt I'm not sure what infield mix is I did actually confirm with the property owner this morning that and last night that the basketball court was in place when the certificate of compliance was issued in 2009 yeah um now for that certificate and I know you met with Paul and I did I met with Paul Catherine and Catherine this morning um um and it seems we have come up with they you guys have come up with a solution to the fact that the mitigation all gone I did speak with the property owners after the um and after the uh meeting this morning and we have come up with a plan so we will be resubmitting um a plan with some with this is the area outside of this but along moris Island Road where there's currently some dyed mulch yes so yes which we don't like either I understand that and we're we're all clear on that and so we will be proposing and we will be updating this plan we know we're going to have to continue we don't have a d number yet and we're going to be continuing for an order of conditions I'm presuming obviously after the new year so we will be submitting a plan I drafted a plan um this morning and just shared it with the homeowner in which we are um going to be proposing some additional cedar trees um some switch grass uh Virginia Rose Bayberry and inkberry Holly to be planted in that front area so I did review this morning with um Paul and Crystal and then going back through um the files looking at the certificate of compliance in the original order of conditions the order of conditions was issued um back in 2008 and then again in February 2009 enforcement orders were issued because the plants were not surviving out front and I believe after reviewing the plan that I understand why the plants weren't surviving um they are Wetland plants including Silky Dogwood um um were proposed for that area and despite the fact that this is in the pl flood plane that's a very dry Sunny area which is why I'm proposing the plants that I'm proposing now and apparently they were also subject to a lot of animal brows um the area was replanted and then the certificate was of compliance was issued in July of 2009 so there was an enforcement order in February of 2009 the area was planted and then compliance was issued in July um in the meantime the plants have not survived the IR was removed the plants died animal brows they just had their landscaper put some mulch in they also planted some dianthus and I think some other ornamental grasses all of the Birch that were proposed are still survived and thriving they're still in there so I think with some additional planting we will um will be in compliance because one of the ongoing conditions in required in that certificate of compliance was that the plantings remain right yes okay yep thank you okay anybody else yeah a couple things um uh the mitigation on the west side it's really shady in that area can can that amount of mitigation it would take to cover the old basketball court could that be pulled back uh it's awful shady in there and was when we had that real big flood that nor Easter didn't the water get up into that I wouldn't be surprised if it did um we I know I could not access this entire area for weeks after those backtack nor easers in 2018 so we did discuss this this morning and I do agree that this that the elevation is acting as a vertical buffer to flood water I think some of those plants were whacked by the salt water they they very well could have been yes so since it's since it's sub subject to the flooding also you know just to pull it back a little bit enough to cover the basketball court rather than go towards the road so far I think the goal of the oh in the front of the area so the the mitigation plantings that are located within the land sub to Coastal storm Flowage along Morris Island Road were part of that initial 2007 order of conditions those are the plantings that didn't survive all right so the the everything located on the South Southwest side is invasive at this point um that invasive vegetation you know certainly does run down and one thing that we did not include in here and I know the commission will request and we can uh r the plan is to put a m strip at the property line so that we can keep that vegetation from moving back into the area but I don't believe that the vegetation on the slope itself will really be affected you know obviously the elevation flood elevation is 13 so the flood waters could get up that High um but it was certainly we're down at the road we're at elevation six and elevation 8 so I suspect that area the road was flooded during that 2018 period um when we had those back toback storms it it's really shady in that area too it is there's there are some arbores um that are still in there we're proposing for those to remain um but the majority of the slope as we move towards the eastern part of the property I'm going to call the green area South just to make things easier and as we move towards the basketball court that's actually full sun in that area so that we shouldn't have any issue the mix of plants here should tolerate some some shade the viburnum Etc okay thank you anybody else Bob I have one thing um Teresa the fence along the um basketball court U the 9 foot fence why is that remaining um that's a good question um we could certainly if it's something that the commission would like um we could remove that I don't I I did not discuss that with the property the only reason for that 9ot fence is to keep the basketball basket that's certainly something I can discuss with the property owners yes we did not discuss that so we can discuss that okay thank you thank you anybody else yeah I have go ahead so Teresa it appears that across the property line onto the adjacent property that area there's a wetland in there there is and so this is and it slopes up and so this bank is providing a a vertical buffer but correct is and I couldn't tell did the invasive vegetation go into that Wetland or I I believe it does I believe the invasive vegetation goes down into that all the way through there okay so yeah a mo strip will will help I know but um it's but since you're going to be pulling out all of whatever's on the bank right now um providing um a way for people to get access into there because we'll we'll include the continuing condition to keep invas vegetation and hand pull it if need to be if it starts to move in there um because otherwise it's you know what's going to happen yeah I think if we come down up behind where the basketball court is currently located on that I'm going to call it the Western property line I guess the South and and bring that then we can we can use a most trip SL pathway access path yep um along the existing top of just past the along the the where the lawn goes slopes down to meet the become the top of the bank there's a row of hydranges along there are they staying or that's in what looks to be the mitigation yeah they'll be transplanted out of that area so there'll be no yep no non-natives will be located within that are okay um okay I think that's all I had anybody else no okay so now we have to figure out when you want to continue to so oh wait I'm sorry I'm sorry I'm so sorry I had one last question very sorry and then we I did not go to others in the audience so yes go ahead so the roadway yes straightening out the roadway is confusing to me and um it looks I think the only way that you can do that is if what is currently looks like vegetation on the adjacent property is actually part of this property and it's going to be removed I have a picture I think that might capture what I'm trying to say in here so this orange this Stak by the telep phone pole is the property line correct so if if this driveway is being moved and shifted to the left is this vegetation in this area coming out it it would have to come out for that for the driveway the the the utility pole that you see in the in the mid ground of this picture will obviously remain so there will be no effect to that right but the driveway will move sort of straight more straight back Ex side and this will shift over what do you know what that vegetation is in there that's coming out I am not entirely sure but I will find out for you okay thank you okay I'm sorry sir sorry please come up okay thank you very much uh I'll be very brief my my name is Charles sabot I'm an attorney in hyenas I represent Russell and Alina haddleton who reside at 65 Morris Island Road which is just across that private way Northerly of the of the site under consideration um my clients are opposed uh to the project primarily because of the alteration of the of the lane that's proposed um and that's not really the issue is not really and I understand doesn't really pertain to your issues but that that lane is currently in litigation in the barnville Superior Court uh in fact we're going to trial on Monday uh on that we just learned about this effort to alter that way and that may become another issue as to whether or not the Clarks are going to be able to do that if in fact my clients have rights in that way uh and and they may need Court permission to do that so I mention that because that might impact the ultimate uh uh plan that that uh that ensues here you've already addressed two issues that I had which was the uh the mitigation from 2007 uh we I submitted the photographs that show uh show that was mulched over you've addressed that secondly I also wanted to mention on the asphalt Court I know it's going to be removed I know you've addressed it uh but one of those 2006 plans uh that was filed has a hatchmark over the asphalt uh over the basketball court which indicated to me that it was to be removed or wasn't going to be built rather uh and somehow or other we went from infield mix to Asphalt basketball court but I wanted to mention that as an indication of um of whether or not the applicants have have adhered to the prior orders of condition the final point I want to make uh which is uh relates to a stockade fence that is on the Northerly side of the of the private Lane it's referenced um on the easterly end as existing fence in the plans uh submitted by um uh by Blue flax design but I had a photograph uh again at Google Earth which is looking Northerly um which is a two 2024 photo um which I had submitted I have a copy of it with me here I know it should be in your package um we do have the photos yeah we you have that but nothing of the stockade fence on the on the there's a 2024 photo if you look you're looking Northerly along Morris Island Road and you see 69 moris Island Road on the right you see all the mulch see the flag pole beyond that you see a white Stockade Fence um I'll wait for you get the photo we're trying to make sure we pull up the you're talking about the 2024 2024 looking Northerly oh um be August of 2024 the white picket bench is on your right I see it yes do we have it up I'm trying I'm I'm getting there hang on yeah in November of 2019 it didn't exist and then it did is that what you're referencing when you're talking about it well there's a series of photographs one is 1419 but you've you've addressed uh 14 and 19 and 24 show the progression of the the mitigation um issue but if you go to one of the other photos from the second one from 2024 looking Northerly on moris Island Road it's coming it's coming if it let me share I think I'm on no I'm not so what you're getting at is the stock aade fence was put in without a permit is that what you're getting at back to teams how you're going here we go there you go that's looking Northerly I don't know what that's next that's 2014 I think yep that's four so go down it's the fifth of the six that's 19 there it is okay there we go so you see the white stockade fence that runs um uh easterly all the way along that 8 foot Lane that portion of the stock that was put in in 2023 May of 2023 uh we we contend that that portion of the stockade fence that you're looking at is within the flood plane uh and to my knowledge there were no permits obtained there was no notice of intent for that so that should be addressed also before anybody moves any forward with any variances here so that that's another issue that I wanted to bring to the attention of the of the commission so thank you so uh and that's those are my my points so thank you very much thank you thank you is there anyone else yes GRE Clark I'm sorry online yeah CL okay go ahead Greg so addressing some of the issues that attorney stat brought up um he's trying to mix choose between the lawsuit that his clients filed against me regarding an easement that they're trying to procure on our property and this is just a diversion so the fence that was installed uh there was an existing fence and we have photos showing it what had happened was the plant the trees and shrubs that were on that area going up my Pro my Northern property line had been overgrown with invasives so you couldn't see the fence we have photos showing the posts existing after we had the uh plantings cut back so we replaced the fence with another fence okay thank you I'm seeing it's harder to see but the 2014 it does look like there's something no this is the other fence he's talking about yeah MH y and I'm trying to see it I believe the the 2007 plans or the plans that were approved in 2007 shows invasive vegetation to be removed from that area right that I I don't recall whether that showed offense but I I know that that shows invasive species to be removed from that area along the driveway to the north of the driveway the the the plans this is Greg Clark again the plans from the the civil engineer who did this like show the fencing from the exist the time we bought the property in 2002 okay I'm not seeing the I'm looking at the 2007 plan it doesn't say there's a fence it just says remove invasive plants existing shrub border along Morris Island Road within this area and there you're showing the arrow being yeah to the right side of it of that plan well are you at the back or the front part Road yes yeah see that note at the top removing basic plants yeah it doesn't say anything about a fence I think the other landscape plan may show that here's the other one oh it doesn't and there's Morris Island Road so here's the right of Y okay all right well we'll I think we can find oh sorry go ahead Paul thank you madam chair um one of the issues with with the order is it says uh when you got to the references of the plans it says usually they're referenced by date and who did them yeah says see attached documents help helpful well it was a different time we've modified the orders a lot since then to be a little more specific um did you want to speak again maybe sure I don't want to belabor this but if you look at if you look at the 2014 2019 photographs looking Northerly right can't see a fence in there um and interestingly enough I think on the uh it's not shown on the Ryder Wilcox plan either uh which is a 24 plan and I don't know why they omitted it but it's not even no fence is shown on that side the only reference is on the the blue flax design plan and the earlier um to your point that you made uh again if you look at the April 25 2006 plan which was was done by the Walden Group which was part of that 2007 um it it talks about removing invasive species and there's no fence shown at all on that plan um and uh again on the one that they submitted April 16 2006 the one that they've hatched out over the basketball court says Road right of way but no reference to any fence on on the Northerly side also the riter Willcox plan doesn't show the reconfiguration of the driveway anyway so Teresa you do but correct they don't which they'll have to fix we can have ryer and MX put that on the plan that's no problem um all right so there's anybody else first since I totally forgot yes this is this is Greg again so we have multiple sets of plans over the years from clock engineering that do show that fence existing so they're just not on these other drawings but clock engineering did that engineering on our site from the beginning and throughout all the work that we've done there and even some recent proposed work so his site plan drawing does show that there was a fence there so the fence that was in front of the Haden's property was removed by Mr handleton when and this is part of the litigation that we're going to be into next week so it shouldn't really well we're not going to get into whatever litigation is going on that's that's not part of our reviewing of this um and of course I guess depending on what happens that may modify things I don't know because I I I'm not somebody who wants to be part of any of that um so well you know obviously there will it will be heard next week so there will be a a resolution at some point soon um anything else from anybody any place no okay so we should continue this yes and when would you like to continue this to I would like to continue this to January 22nd if that date is available and I think that will give us enough time to make the updates to our plans and do the research that we need to do to provide you with more information on the fence great perfect um so if we have a motion continue it to I will I will do that I move that we continue 69 Morris Island Road to January 22nd 2025 second Paul I Janet I Elise I Eric hi Bob I Cheryl I and I say hi all right thank you much you Teresa thank you happy holidays I you too all right thank you for State yeah Katherine we can go back to Dune I think okay do you want me to open you want me to open 36 Dune again yeah if you would please I'm not seeing him he said he I called him he said he was in the parking lot so oh oh there you are hiding you're hiding okay Catherine if you could read it please okay noce 7 tent at 36 Dune Drive map 16a parcel 10- C6 for Richard poio Jr Mass D SE number 10- 3707 raise the souly portion of the dwelling reconstruct the portion of the dwelling with minor lateral expansion raise the floor to meet the designed flood elevation remove the deck add a step hi Thad all right good afternoon it's because you lost so much weight we can't see you back there yeah yeah hiding out in the back um I was delayed at the office and you went too quickly so well I missed my first window here we are that's okay uh we were before you we had a couple of questions to answer and then we decided rather than push for an order today we would add to the project um if we're removing some railroad ties out here why not remove the railroad tie wall and replace that I don't know how much Creos so's left in the thing but getting it out of there and putting in something more inert would be environmentally beneficial the um temporary tea it was a tea and that was a relic from covid from the lockdowns they um they did put a net up so they didn't lose any golf balls and they are more than happy to remove that at this point they don't know why they haven't um limit of work gets pushed out a little bit going over the common path we specified to leave an opening in there I don't expect this project to really go on during the summer but if people are here and want to be able to use that path to get to the beach they shouldn't have to to get it up and over um saltation barrier otherwise the stones can be removed and if there are any questions I'm happy to answer them okay thank you uh anybody questions comments anything I think it's cleaned up beautifully and probably ready for an order uh but you're going to clean up the tarp and all that when we asked about the railroad ties there was a lot of other things okay yeah there's a small pile of unnecessary construction to there that there is that'd be great um we go to zoning tomorrow yes so we could no comments or questions anybody when you say unnecessary you don't mean that nice thermal blue stone there that's about $18 a square foot do you yeah it's unnecessary to stockpile oh I why were you going to go grab it I wouldn't I wouldn't be getting rid of it um okay go we'll go to zoning sometime in early January whenever works for your schedule yeah well January we only have the 8th and the 22nd e is full yeah eth is quite full 22nd I'm not here but that doesn't matter um so I guess we'll go to the 22nd that works for us okay so if we could have a motion to go 22nd for an order you bet I move that we continue 36 June drive to January 22nd 2025 for an order of conditions second okay Paul hi Janet I Elise I Eric I Bob I Cheryl I and I say I thank you much so we'll have the order for you on the 22nd we'll see you then Z yeah hopefully zoning doesn't yeah I'm not expecting too much it's a good minor zoning ask all right have some happy holidays and a good New Year thank you you too same to you D okay Catherine next okay notice of intent at 697 Riverview Drive map 8K parcel c48 for Paul Rooney Mast EP SE number 10-376 proposed rear yard pool Terrace portion of the proposed retaining walls and Patio are within the 50 to 100t Resource area this hearing is being rescheduled from January 15 2025 to January 22nd 2025 okay so if we could have a motion please I move that we continue 697 Riv viiew drive to January 15th January I'm sorry from January 15 2025 to January 22nd 2025 second Paul hi Janet I Elise Eric hi Bob I Cheryl I and I say I okay the next notice of intent at 340 Widow road map 13k parcel W3 for bassing Harbor realy trust LLC Mass D SE number 10- 3711 demolition of existing dwelling construction of a new dwelling and swimming pool within the buff buffer zone to Coastal Bank this hearing is being rescheduled from January 15 2025 to January 22nd 2025 okay if we have a motion I move that we continue 340 WID road to January 22nd 2025 oh second okay Paul hi jenet hi Elise hi Eric hi Bob hi Cheryl I and I say I okay we have one more motion to Fabulous The Fabulous motion I move that we adjourn the meeting second Paul hi Janet I Elise hi Eric hi Bob hi Cheryl hi and I say I we're adjourned I over I overly dressed up e