##VIDEO ID:XHUo1aKq6u0## e e e e e e e [Music] w [Music] [Music] so I jumped in I'm like this is a part of our order good afternoon this is a hearing of the chadam Conservation Commission being held on October 9th 2024 in accordance with the Massachusetts Wetlands protection act in the town of chadam wetlands protection bylaw and regulations my name is Karen Lattin and I serve as the chair today's hearing is being broadcast live on xinity channels 1072 and it's 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 the agenda instructions on how to attend and copies of the documents for review are 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 by using star If lost teams if you are online and you are not a commissioner please keep your camera turned off unless you have been recognized oh there it is okay we're back indicate that you wish to speak by using the raised hand feature so that we have a record of a quorum I will now ask each commissioner to indicate their presence Vice chair Elise Gordon present Janet Williams present Cheryl missery present Eric Hilbert present Paul Johnson present Bob Delio present and I'm here we have established we have a quorum before we begin the agenda are there any announcements for any requests for continuances today Katherine yes the following have requested a continuance a request to amend an order of conditions at 1070 Orleans Road the applicant has requested a continuant till November 6 2024 great thank you at this point Katherine Ricks cadams assistant C conservation agent will now lead us through the agenda go ahead Katherine okay we start with the request for orders of conditions the following is a request for an order of conditions at 102 Cedar Street map 13c parcel 40-10 for Matthew and Susan botin Mass D SE number 1036 701 proposed Shoreline stabilization thank you is there any good afternoon oh good yes I'm here I would go ahead for the record Jen Crawford Crawford Land Management um cryst sent out the draft order of conditions I I don't believe if I remember correctly there was um there were no changes that you wanted us to necessarily make to our plan other than I believe a few um additional notes which we did um one of those notes was for the um the restoration plantings on the Coastal Bank that are currently there uh so we did take a look at that area and we did make a note on our plan that if we weren't able to maneuver around them they would either be um simply the plants that are there would either be simply moved um or they would be replaced in kind um there were just a few of them right and we did note that in the order yep I saw that yep I did review the draft order um in addition to that I believe that we discussed the two other orders of conditions in that you wanted to receive requests for certificates on those um which we did submit to you and I think those are listed later on your agenda they are um yes one of the Commissioners had mentioned um some things on site that needed to be cleaned up that was done to the best of my knowledge um um and I think we resubmitted some photos of those areas as well I I don't believe that there was anything else that you had asked of us um I did review the order of conditions and if it's appropriate to speak about the draft order of conditions I had one question otherwise I'm good sure if you if you would address any questions you have on that that would be terrific sure um it was just uh number six on page 11f uh it's where you are requesting an annual survey of the coastal Beach area by um a mass registered engineer um and I am all right I thought oops I thought I I took that out I'm sorry um because that's okay I think we could take it out because there is another condition that says photos will be provided documenting the work area before work has begun and after the work has been completed so I think that that will cover and that's what we had discussed with you is that okay yeah I'm okay with that I because I was just going to ask a little bit more more about it but if that's going to come out then I am good that was the only thing that I um that's the only thing that I had within the draft order that I wanted to ask about so great and then um we did modify it this morning well Janet did she caught that uh rather than it saying mitigation we've changed it to Restoration because there is technically no mitigation needed since there's no correct so that's the only thing that changed since you received that order yesterday thank you for making me aware of that I appreciate that catch okay then does anybody else have anything to add or to this order or change Bob I have something on finding number three sure [Music] um um the sentence where it says uh the path will be approximately 6 feet wide over existing lawn and existing restoration area uh and it should and then maybe insert in the Coastal Bank sure got it got it thank you anything else no I just wanted to make sure we had um before and after pictures of the salt marsh do the special conditions cover that yes that's what we were just discussing we said before and after the work has been done that there will be photos provided number nine or eight they are it says temporary good enough thank you okay anybody else all right then I guess we're ready to close this and and approve the order I move that we close the hearing on 102 Cedar Street and approve the order of conditions as written second Paul hi Janet hi Elise hi I Eric hi Bob hi Cheryl I and I say I so that's approved thank you Jen thank you um do you guys want me to stick around until you get to the certificates of compliance uh I well it's up to you let me put it that way um I I haven't I haven't heard that there are any issues with them but in case there are you might want to be on the debris has been all righty okay thank you no problem I'll be here oh thanks um okay Katherine okay the following is a request to amend an order of conditions at 105 wood carver null map 11d parcel f11 for William and Perry stopera M EP at c number 10- 3598 construction of a window well Canal levered fireplace and covered entry amendment is to relocate the front walkway at fence around the window well remove the driveway pavement and replace with prvious material face one David Clark on behalf of uh the steros so uh Mr stero was in the office your office uh oh several months ago now almost a year ago I think um and he was talking about redoing his driveway and so he was advised to um amend the order of conditions um so while he was at it he added a few more things to the to the project so basically what he wants to do is uh he was think thinking about repaving the driveway uh and then he got some estimates and he felt that uh that the best thing to do would be to remove all the asphalt and replace it with gravel so that's one part of the amendment second um in doing his mitigation plantings he'd like to go a little further he'd like to remove all the foundation plantings on the front of the house from replace it with Natives and he doesn't like the way the front walk is so he wants to move it closer to the house so those are the three changes from what was approved no I don't think it increases any of the site coverages um and all the activi is within uh formal landscaping or Hardscape portions of the property so there's no encroachment into naturalized areas so this is Phase One yep um it doesn't mention that the Foundation plantings are being removed and so that probably should be noted it is on the plant yeah um right beside the uh site coverage chart from the 1500 to the right of that existing found Foundation plantings to be removed and replanted um so it just says and replanted um we'll have a planting list for you for the okay um and then the pathway there's no um detail as to what materials are being used um the wall around the window well I'm not that was part that was part of the original application so we're not changing any that's that portion of the project's already done I thought it says you want well a fence around the window well that was part of the original application too but that says add the amended says add a fence around the window well okay so all right if you're not do you you I I stand corrected no it's fine I just i' I've just reading it right off of way the only thing detail we got um all right so and we need to know what materials are being used I said for the uh walkway um and what did you say the driveway is going to be gravel gravel a shell or a combination of both okay um so probably that should be written somewhere that you're using gravel or shell uh does anybody else have any questions at this point I have a curiosity question fence around the the um well the window well MH I don't think I've ever seen that you don't know why I don't know why okay so you someone doesn't fall in oh that's yeah yeah yeah that's why I was saying and I thought you just said that they weren't doing that so I know I don't know um it's on the plan I I just okay that wasn't what I was focusing on when uh yeah I was just curious I I don't think I've ever seen that no so I mean this is phase one so there are a few things we'd need before you came back for phase two um anybody else have anything yeah planting list um materials that's about it some detail it's really what it comes down to yep um so I guess we can have a I do I do have one question okay great po uh there's a Rin station next to the house and within the driveway David uh is that plan you planning on leaving that there or yeah yeah whatever's there y we're not changing any of that okay thank you great thank you um anybody else all right then we can have a motion to approve phase one I move that we approve phase one for 105 wood carver no second okay Paul hi Janet I Elise I Eric I Bob I Cheryl hi and I say unknown participant is now exiting huh interesting okay never had that happen yeah goodbye okay Katherine the next one okay we have an request to amend an order of conditions at 1070 Orleans road map 10K parcel 2382 for John and Mary Bole masty EP SE number 10- 3611 Landscaping construction of a boardwalk Phase 1 addition of fiber roles the applicant has requested a continuance till November 6 2024 okay then we're ready for a motion I move that we continue 1070 I'm sorry 1070 Orleans Road to November 6th 2024 second Paul hi Janet hi Elise hi Eric hi Bob hi Cheryl I and I say I okay we're moving right along all right C okay moving on moving on to the notice of intent uh we have a notice of intent at 500 Shore Road map 16g parcel 3 D- A5 for Heather Butler mass number 10- 3681 construction of beach access stairs within the pedestrian access easement located at 500 Shore Road how are you good thank you good afternoon my name is Christopher senny I'm an attorney in Brewster and I represent Heather Butler the applicant uh there have been I think three sessions of this public hearing earlier um my associate TJ hurry appeared in front of you as the council for uh Miss Butler but he has left my law practice and I'm um stepping in for him and and finishing um presenting the application to the board but I have watched those videotapes I understand the conversation that has taken place I know that initially there were some questions about whether my client had any standing to pursue this order of conditions because she she is an easan holder not the owner of the property at 500 Shore Road and this has been reviewed by Town Council and I think even the D has uh written into to the commission so right we've gotten past that okay and so I'm joined today by our engineer Don Bracken who's who's here virtually and also our Wetland specialist Cameron Larson um and I know you probably want to go right into the um into the the test they have about the U protecting the environment and and mitigation plantings but there was one issue that came up in the third of the three hearings I watched and that was about the the fences around the pool yes and I didn't know if you would like me to address that because it seemed to be a question that was left open and there was even some concern that pool safety is something that you wanted to be satisfied with so I could take no more than three minutes that's fine and address the fence issue if you'd like that would be i crystal said that she would be able to put up a few slides for me that show the fences is Crystal able to do that we'll see I put them on I put them in the commission folder for teams where you usually get okay all the information I don't know if somebody can so let's see um what did you call it was it it's 485 Shore Road 45 500 fence slides and 500 there's two different ones oh I'm not what what teams did you what date did you put it in we see 500 Shore Road access each ease Beach steps and a butter stairs letter um confirmation of something continu oh yes there's two of those and then a proposed restoration that's all I'm seeing maybe it's in the 1023 folder because I added a lot of stuff in there today okay let me look sorry nope that's fine I'm looking I know it's on my I know it's on my town government oh I'm not in my town go um it's not in 10:23 either so is anybody on my town I am thank you because I'm not on that one sorry no it's fine to you and I'm on hold on one second I'm on the My Town go oh great Catherine's gonna do it thank you Catherine yep if this does fail I do have handouts that we could use oh here we go okay now I got get back into teams does that work yep we're seeing it you might can you make it a little bigger so I'm of course not probably not okay that better try I don't know if it comes out I think that's pretty much what we also happen to have that looks very similar to the proposed restoration plan but that's okay it's the same area Okay uh but I I've had uh some arrows put here just to demonstrate where the fencing is what you see in this slide is uh the Bron's house at 500 Shore Road and their pool and the patio around the pool and that red arrow shows uh the rout uh that is in the Deeds it's the 10 ft most southern along the entire boundary of the property and that's our our plan is to is to use that easement but if we could go to the other slide that shows some jogs uh it's there we go so this is what's happening today what happens today is that um our clients are confronted by a fence that goes across the 10ft easement and they need to circumvent to the left go through a gate and then come back back to the easement and go along further within the easement and then there's another blockage of a fence they have to circumvent again and come back to the easement and when they are between those two fences they are actually in the pool area there is no further fence that keeps them from the pool and we think this is not a good solution uh we think we have asked the Bron could we put gates in your fence uh within our easement so we can just have a straight shot and they refused to do that so U if we go further you can see the actual plan we've proposed there we go so this is a closeup of the plan you have in front of you this was prepared by Don Bracken and what we're proposing is that um our uh four families who have easement rights stay within the 10-ft easement when they come to where the first gate is a section would be removed and they would be able to proceed directly and then when they come to the second current blockage there's a section that would be removed and so we can stay within the 10 ft and we're proposing at our cost to build a fence that connects the two existing fences so that our use of our easement is not approximate to the pool it's not open to the pool it remains within the 10 ft uh at along the southern boundary and pool safety is actually enhanced here because we don't open a single gate or close a gate and I remember a question from the third hearing the videotape where one member of the commission said if there's any Gates can you make sure they're self-closing and I think that demonstrates an interest in making sure that this is done properly now I submitted a letter to the town which I believe is probably in your packet it's dated September 24th in which I promise that my clients will not use self-help they will not touch the sections of fence that are within the easement without either the permission of the Brans or an order from the court so if the commission were to approve this order of order of conditions it would not lead to any action to on the part of my clients to disrupt anyone else's property uh and that's a commitment that if you wanted to make that a condition of the uh order of conditions you certainly can but we think we've addressed this in the most responsible way both from pool safety and in terms of the the maximum privacy for the brittans and the least disruption to their use of their property by keeping us along the southern B border so that's all I had on the fencing if you have any questions about it um we are asking you to approve this plan which shows it has notes Here removal of section of fencing so we are proposing to remove someone else's fencing but again we will not do that unless we have either their permission or a court order and the fing that you're proposing to put in what what is that fencing there's no detail as to what what it is there isn't I would ask Don to comment on that this could be of equivalent quality and style this is a PVC fence that exists it's 6 feet tall and it's very sturdy uh we could match that so that it's well integrated but Don would probably be better to speak to what would the actual fence be made of okay yeah I I would assume that it would match the existing fence Don could you just please identify yourself just for the record oh I'm sorry uh Don Bracken uh professional engineering survey from Bracken engineering um I I would assume that it would match the existing fence uh we all know that the fence would have to meet any of the building code requirements for pool safety so um I think right now because there really hasn't been know much agreement or dialogue about the fence um that would be probably worked out with the owners at some point okay thank you um do you have anything else you want to add at this time no not me no okay um is there anyone else of your representatives that wants to speak at this point before we open it to question questions from the Commissioners um we do have Cameron lson to speak about the the restoration plan and I think it's important for him to address with the commission what plantings will come out and and how will we mitigate those so if Cameron's here okay Cameron go ahead yep I'm here Chris this is Cameron Larsson Wetland scientist from environmental Consulting and restoration um so what we did we developed a restoration plan to with the intent to restore the 10 foot wide easement following the installation of this new stairway um we've designed the restoration plan to include a mix of native shrubs and Native grasses um once the uh you know with the uh three foot wide stairway in place there'll be about three and a half feet or so on either side um of the easement or in on either side of the stairway within the easement that'll be um restored um so we're we're using a total of 19 native shrubs um those will be spaced 10 feet on Center and then amongst those shrubs we'll be planting clusters of native grasses um there'll be a 100 total native grass plugs that'll be installed um and then following the installation of those plants any remaining exposed soils on the bank will be hand seated with a salt tolerant seed mix um we've specked out a a a native seed mix provided by New England Wetland plant they're you know I'm sure you heard of them they're very reputable supplier of native seed mixes um of course erosion controls will be utilized those will be installed prior to any of this work um now now the work that I've described it will Encompass the the upper half of the bank um the lower half of the bank that um has experienced you know significant erosion um was previously permitted to be planted with beach grass um that was a plan that was designed by Wilkinson ecological um based on our observations at the site that that seems to be holding up well um some of this new proposed stairway will impact that area so what we're proposing is to mimic that same beach grass planting um to restore any of the Disturbed areas on that lower half of the bank following construction um we think that this is a uh an adequate plan it it's going to uh provide some diversity to the area it's going to mimic um the species that are on site we uh we did include some invasive management um there's not a whole lot of invasive plants on this uh within this easement but there we did Identify some honeysuckle uh at the very upper portion of the bank within the easement so we're proposing to remove that um and that area will also be restored as part of this plan um and then follow in completion we'll we'll certainly provide a a detailed completion report to the commission and then abide by any you know annual monitoring requirements through the through the life of the permit that the commission may require um with that you know I'd be happy to address any questions regarding that restoration plan the commission may have okay uh thank you um did we ever receive a coverage table for this I can't seem to find it um that would be directed at you Mr Bracken yes the uh the areas are pointed out in in the notes under stair notes um number one uh total Beach St area and then uh also describes Coastal Bank buffer Coastal Bank itself Coastal Beach and um number two breaks down the area within the land subject to Coastal storm Flowage so normally we get something that says what is being disturbed within the ndz and the outer Aura and [Music] so this one I I don't see how that that because that square foot footage determines this and we need to know the square footage of all your mitigation so that we can be sure that the mitigation is meeting the 2: one for ndz in Coastal Bank and and the one: one for the outer Aura well I think we did provide the area of the stairway in its entirety and I think previous questions well the in the in the beginning the meetings were there really is no no place to provide any um two to one or additional mitigation Beyond right the footprint of the structure and then the the conversation also led to off-site mitigation which we indicated that we were open to so right but we I think all the numbers are there but we can't de we need to co our notices of intent have a coverage table that's usually filled out and it has you know what exists versus what's proposed and so you know what the change is and then it says how much it then you say okay if it's a 100 in the ndz you need 200 square feet of mitigation and I I just we need that we can't write the order without it um so that's why I'm asking and then um I I guess I'm a little confused too obviously I'm I I'm not in front of this commission regularly but you know I I you know I'm pretty sure that in our you know we thought we followed the requirements pretty carefully and and again we give the total Beach area of 459 square feet so if it's a you know we are mitigating everything that's going to be disturbed right so I I think it's pretty clear so if the 2:1 ratio is required then you know then we would need somewhere around a th000 square feet and if we had to do that offsite we could um okay but we need the coverage table that's really where we start and I don't know if anybody else can figure this out but um from what you've provided it's not obvious to me um and then in order to do this you have to ask for a variance in which case we need a variance letter and it provides alter and an Alternatives analysis within that letter and if you need a sample of the letter our office conservation office has um that that they can provide to you um but it we need that um I'm not saying your mitigation is an issue I think you've youve tried hard to do something within this limited area it's just we need a coverage table it's it's an automatic part of our order it's you know it it's what we base everything off of Y sure so at this point I'll let others chime in because I think I've done enough anybody well I'll echo on the coverage table we could go in and look at your plan and try to do the math appropriately but that's not really what our role should be that's not our job that's that's something that you're you need to do so that you're sure that you're representing to us exactly what's going to be done and then we could put everything together so I Echo Karen's point we need a coverage table that's done by the expert on the on the ground so to speak anybody else um yeah personally um once you get this small matter done this is already the third time you have a legal access uh and uh I'm not care about um so finish this little matter up and hopefully we can move this along Janet well I agree um but I think finishing this little matter up is is is actually quite complex um you've got let's say I because I did calculate and got 460 square feet of of coverage so you know whatever 900 almost a th000 square feet of mitigation which simply a isn't available in this easement area um and B it's important to keep to remember the difference between mitigation area um and tree replacement so I look at your plan and I'm counting they're not they're not identified by species or size but those yellow icons are showing me that a 11 trees are needing to be removed so in addition to mitigation we also have tree replacement requirements um and they are they are they're triggered by the size of the tree that's being removed so you need a th000 square F feet of mitigation Plus at least 11 trees again know where to put them um so I think we need to to think of some numbers for what the cost could be and a don't that's a possibility what you have osed for mitigation um looks good on paper but I don't think I personally of the property are and you're proposing all of these shrubs and my concern immediately is you're not going to be able to irrigate those shrubs when you put them in they're not going to allow irrigate Cove you know they could oppose the planting of the mation plants and I would guess that they would do that that and I would guess that they would oppose installation of any kind of irrigation so this is proposal had just been to plant Beach Grass uh in and around the the stairway which strikes me as probably a better idea given that it doesn't need the kind of care that all of these lovely native shrubs are going to need um I'm just putting that out there as a maybe that is an easier thing to do but again you're going to need to get same as before not going to weigh in on your legal rights to do anything it's up to you to get permission and if you don't then I don't know where that leaves us with a possibility of looking at off-site mitigation and or a donation to the tree replacement fund to mitigate for the tree loss oh definitely yeah um because obviously you can't plant trees uh another question I have is when this is taking place where is the work being done to before its installation because obviously you can't do it on that property because it's not you only have 10 ft and so we need some detail as to the protocol for the work to be done um you know that's sort of it it's something we require but obviously there are quite a few steps before we get to the work protocol but just so you're aware and right anybody else Bob I have a question for the restoration specialist um what is going to what is going uh to be planted Under the Stairs all right this is uh Cameron Larson again from ECR um I'm just writing down some notes here as we're talking um what's going to be planted under the stairs so what we've called out is uh where there's adequate access Under the Stairs you know if there's a clearing of two or three feet under the stairs we could include some additional um shrub plantings but the plugs of grass will likely be planted Under the Stairs where there's access or the the uh seed mix that's being proposed will be utilized Under the Stairs to stabilize that area just as long as there's enough light correct yeah correct yep and uh this shade tolerant enough yeah yep and with you know removing some of those trees we're going to you know things will open up a little bit so all of these are native species are all suitable for this area um they can tolerate um you know a variety of conditions um I'm happy to address any questions you have right now but I've also as I've been taking some notes listening to this stuff I can address some of the other concerns concerns that have come up regarding the the restoration that's where you'd like me to go thank you the question I had if you plant Under the Stairs wouldn't that be attributed to the mitigation square footage yes it would and and you know if I may you know kind of put the the square footage and mitigation in everybody's kind of head a little differently so we have a 10ft wide linear easement you know that runs straight straight down to the beach so this stairway is 3T wide so that leaves us with 7t more of easement which we're proposing to restore once this is all done so if we're looking at this as you know restoration or Mi sure which plan exactly we're looking at here but there is a detail that does show the size and species it's a mix of Pitch Pine uh scrub Oak and even some black cherry in there they only range from about 4 in to 6 in in diameter um you know all the trees in this environment are typically stunted like that you know it's a it's a harsh environment on the bank so these trees come and go um obviously we're not going to be proposing any trees you know within the easement as part of this project but I I would expect as as Don mentioned each grass so all these all these plantings have been you know specifically chosen for these areas we've reviewed this site very closely um so I wouldn't recommend any any changes to the species so excuse me so you are are you taking some trees out or not the way you sounded like yes yep okay we are we certainly are so the plan indicates that 11 trees will be removed it's it's a variety of Pitch Pine black cherry and scrub Oak ranging from 4 inches in diameter to six inches in diameter I don't think any of the trees really exceed you know 20 feet in height at Max um nor do you know that's pretty typical of this Coastal Bank environment um so it's not major trees we are proposing to leave the the stumps in the ground um to minimize any disturbance to the earth and the bank um but trees will be required um to be removed within the easement but I will point out it's you know this upper part of the bank is is littered with quite a bit of trees so you know in the looking at cumulative impacts to this bank it's it's minimal the uh there's a couple of trees you might get away with not taking out you're right there's a tree there you might want to on the yeah I know I think I absolutely think we will I think we'll minimize any you know minimize the removal if we can get away with you know pruning them up limiting them up a little bit and leaving them then they'll stay I I agree I I I do think I think this was kind of a uh a proposal that kind of airs on the side of hey we may need to remove these but you're you're absolutely right but we will need to know what is being removed so if you're not removing 11 that would affect how many trees you need to replace so it it behooves you to figure that out I think we'll stick with the proposal to remove 11 the chances are we're going to have to remove 11 and um I think that's what we'll we'll provide mitigation for okay I have another question about your plan um you have a note it says areas beneath the pr staircase shall be planted see Note 10 I only see eight notes so I don't know what Note 10 says that note is from the Bracken plan U we have to look at uh the exact Bracken plan on that so I you might want to state that it's Note 10 on the Bracken plan just because otherwise um and I I get I I've seen Note 10 also for everyone all of you um I believe you're proposing the stairs to be 40 in correct 3' 4 in wide I'll leave that to do you have exact answer on that or is it yeah I is it 3.4 feet well how wide are they going to be yeah so so the stairway itself the decking itself is 3.4 ft wide outside post the outside post is is 4 feet wide and we have two sets of notes on the plan you know the stairway notes and then there's General notes on the right so that's right where it says C no 10 those are in the general notes just so there no confusion so we allow stairs at a width of 36 in I don't recall seeing that I I I know that this width is the same width that was already approved on the same property um is is for wide and we have two sets of notes on the plan you know there's stairway notes and then there's General notes on the right so that's right what says C Noe 10 those are in the general notes just so there's no confusion so um I don't I don't recall seeing that I I I know that this width is the same width that was already approved on the same property um and I I don't recall any 36 in but that that that we we can adjust it to the 36 in okay that would be great because it is a it's a thank you um anybody else yeah I just want to repeat myself on some of these tree I mean there's nothing wrong with going on a boardwalk on a hot day and have a little canopy over for some shade when you're walking thanks Eric anybody else well so there are quite a few things there are bridge table with calculations I need to get a variance letter and you offered us a sample uh you need to know more about our construction approach hand tools only and taking them in and out as we build and where where the easement in terms of plantings I think this was a great dialogue and um Cameron and Don have heard you talk about the trees that are being removed I've heard uh the comment about maybe you don't need 11 to be removed perhaps fewer and we really do need to to talk about replacement at the appropriate ratio we can't do all that on site so I'm hoping we can work with the commission with either a contribution to a fund or plantings offsite um and in terms of uh the non- tree uh vegetation we need we need better information for you about what's coming out and and what's going in I noted the comment about the beach grass irrigation is an issue I can't tell you as a lawyer whether an easement right to access a Lydia's Cove comes with a right to I research that I'm not sure an easement comes with the rights All rights that are necessary to fulfill the purpose of the easement but I'm not sure if irrigation is included um so and the width of the structure I'm not sure where that conversation was left um I think we've said 36 36 in okay and Don and Don said that we could have accomm accommodate that okay those are my notes and uh I think it's good with the variance you will have to provide an Alternatives analysis um it's a part of the variance letter just so you're aware ahead of time okay bu anywhere else yeah um so can I just um suggest um on the on the mitigation plantings and the irrigation issue um rather than getting into a lot of legal research about although you may down the road when when time comes to think about the reason that I'm hesitating about this is that if we have an order of condition that requires specific mitigation and a specific area and it becomes impossible to do that what if the proposed mitigation if you cannot get um approval to to be able to install and and care for those plants what what would be your backup position yep Bucket Brigade I I appreciate that because the value of what we're doing right now is very high for my clients because if we can talk through how we are to satisfy the commission but also stay within the limited jurisdiction that we have and the rights that we have and and I know these conversations have have happened I've been out on the site where we've talked the way you want to receive it and said all of that when would you like to and December 11th I'm going to say the 13th but look over at my client if we can have a motion please I move that we continue 500 Shore Road to November 13th 2024 second okay Paul hi Janet hi Elise hi Eric hi Bob I and Cheryl I and I say I okay thank you very much much okay Katherine the next one okay notice of intent at 73 Kent Road map 12j parcel G4 for Jess coo in Philip Chu Massachusetts de good afternoon D Clark again Clark engineering and Bill Riley the commission had asked uh for additional construction notes um so I added the note uh that the float will be reconstructed 8 by 12 to match the licensing plan um committed will be um um pressure treated materials um bill has filed with zoning board of appeals I hope um yeah that's correct and uh there was comments about um the person watercraft on the beach or on the stairs uh there are kayak racks already bolted to the souths side bulk of the uh bulkhead of south side of the stairs we can simply add a few more racks bolted to the uh bulkhead on the north side of the stairs that should take care of that problem um that will have to be on the plan it it is on the plan yeah where I'm not oh yes additional to be attached to the bulkhead sorry I was looking at the lower part not the upper any questions comments whether we could uh to zba which won't be till November November um we can get you details on that November see that uh people are putting like a little one rail fence up kind of like uh what they used to tie the horses to but not as high and then they would take the front of cuz lifting a r putting it on a rack is going to be uh up a little bit oh that's for for for dingies um I don't think we need a dinghy rack oh you don't have dingies there um these are these are uh paddle boards and kayaks um that Bob was referring to um but yes that that's um I can't think of anything else anybody else Janet are you thinking or the float and everything yes the measurement from mean high water is something that uh the zoning department asked for um and there's really no way to compare that to 1981 when the dock was first permitted we've had a datum change since then and I think at least four changes in mean high water um based upon the on lus Cove title station and the biggest change to the Pleasant Bay uh Estuary is is the the 1987 break in North Beach um so when this was permitted in 1981 Pleasant Bay was probably at its all-time high as far as title restriction so you had a very limited title range in 1981 compared to 2007 was when it was probably at its highest uh title range when the north break occurred thank you um anybody have anything do we have all the letters in uh um there was no ISS uh yes Crystal received the letter from shellfish saying there are no issues um so I and Ted as well said there are no issues so I think we're okay with that I don't physically have the letter but they've been received thanks for asking I forgot to mention that so 7th of November so which would mean we could have the order for the 13th of November which is right after yep 2024 for an order of conditions second okay Paul I Janet I Elise I Eric hi Bob any major issues with zba thank you thanks all right Catherine thank you thank you okay notice of intent at four Harborview C10 3699 invasive plant species control and Native plant restoration on and adjacent to a Coastal Bank how are you good afternoon Mike Tannis blue flax design um the property at four Harbor View Road sits on the Upland above Hardings Beach to the Southwest to the southeast are salt marshes that are flooded and drained by Oyster River resource areas on site include lands subject to Coastal storm Flowage AE elevation habitat that transitions from Dune at the bottom to a Juna Woodland near the top where you start to see Eastern red Cedars Oaks Bayberry Black Cherry Beach Plum more shrubs and trees on the top of the Coastal Bank trees have been cut down or repeatedly pruned to maintain a view virtu mostly oak trees virtually all of these are now suffering from fungal disease and in poor health um these topped oak trees have also grown this dense upper canopy and it mixes with invasive shrubs to form this dense Thicket invasives are concentrated near the top of the Coastal Bank and in the buffer zone primarily where this pruning occurred Bittersweet shrub and Vine Honeysuckle and Border privet were found on site so the Project's main goal is to restore 6,335 Square fet on the Coastal Bank and within the no disturb Zone um all scrub Oaks found will remain and be allowed to grow to their full height three damaged and diseased Oaks flagged in flagged in red on the coast they'll be pruned and there's a lot of fungal disease and just they don't look great 11 Oaks that are heavily damaged in the no disturb Zone will be removed the stumps will be flush cut with the ground treated with systemic herbicide and left in ground to rotten Place invasive shrubs will be cut and treated in the same way after removing the invasive shrubs and Vines native vegetation will be assessed for health and may be flush cut and allowed to regenerate or be pruned to uh allow them to grow in a healthier form follow-up treatments for the next three to five growing years three to five growing seasons will be necessary to control returning invasives after we've reached roughly 80% control of invasives Will and some butterfly milked will be planted in bare spots to augment the healthy ground cover that already exists great y thank you of course okay I'm going to open it to other people first I have a question um I would when we last talked about the adding the cedars in there um um 35 gallon Cedars what's the height on those uh 3 to four feet what's the height on a one gon Cedar two feet two to three maybe really maybe so the height on a five gallon is what yeah I was you know I I was I was pretty easy going on this but I you I was expecting a little more Moxy on I mean you know you're down a hill um how you going to find these Cedars I mean you know someone's going to accidentally step on one um I was expecting you know four or five gallons for these Cedars um that's my thought I'll pass it on thanks if I if I can address that one thing that we find especially with Cedars is that when in these harsh habitats when we plant them bigger they they don't survive bigger than the five gallon yeah even big taller than there you go then I'll agree on why don't we just do all five gallons it's yeah I mean it it it's I mean you know it's you're down a hill I mean Cedar is about the slowest growing things on earth um I Tre that's that's what I'm thinking and they're supposed to be replacing trees I mean you know five gallons is really nothing really to talk about I think that's a pretty good deal I would like to pile on to that and say you've got them you've got these smaller seeders that I don't think it drops off and goes down to Harding's Beach on that side so it's not like it's needed for privacy maybe fewer and larger um would be better because we all know that I mean they are they are weeny when they start but these suckers grow really fast and they often grow when they're so densely planted to be a huge wall up at the I guess at the house not when they're only I'm not I just for what it's worth anyone else bigger is the way to go no I was expecting to be spread out a little bit too not just all on one side I mean I think there is the pre-existing view there and we're trying to manage it in a way that doesn't invite or or even tempt people entering the area at all to try to to try to prun in in the future or it's um and also make scattered a few on the lower part of the banking I mean it would be hundred years before they would block you let's see 16 I mean oh I mean we're almost there you know we're about ready to close the deal here mhm you know okay anybody Bob nothing least just that I agree with the the tever all that's left is um that Weedle but otherwise I think we are ready for a notice of intends um yeah I I an order you mean you said noce I'm sorry an order no it's too bad the applicants have to pay for another plan um but I guess you so when do you think you could get a new plan to us I mean just increasing the sizes of the trees and spreading them asking I me tomorrow is that I think we can say we'll go to so that's why I'm asking when you think you could get a plan to us tomorrow oh okay no it's not so uh I how soon do you want this order I think they're ready okay right now uh to an order on the 23rd and if you could get us a new plan as soon as possible that would be great of course continue for Elise I Eric I Bob I Cheryl read and and be prepared that if you have anything that you'd like changed in the order or mod okay Katherine the next okay I will open the following two certificates of compliance requests at the same time since it is the same location we have a certificate of compliance at 102 Cedar Street map 13c parcel 40-10 for Matthew and Susan Bine M EP number we have a certificate of compliance at 102 Cedar Street map 13c parcel 40-10 for Matthew and Susan Bine Mass D SE number 10- 3410 approved project activities include but are not limited to repair replace beach access stairs and existing fence install seasonal kayak rack and install natural gas line thank you um any comments questions Jen I think is still on if we have any questions for her about both of these orders um Katherine I think you were out and saw them and I mean I've been there I I didn't see anything that jumped out at me did you no it looked good okay everything looked cleaned up anybody no reason sorry okay we can uh have a motion I move that we appr approve the two certificates of compliance for 102 Cedar Street second okay approved thank you okay Catherine or anyone do you anybody have items at this time okay anybody second Paul I Janet I Elise I that's it thank you [Music] e e e e e e e e