##VIDEO ID:2X5MYvpF8o0## [Music] good evening and welcome to the December 18th meeting of the fouth Conservation Commission this meeting is being held virtually via Zoom video conference and is also being broadcast by fctv on cable channel 9 as this meeting is being recorded by zoom and broadcast by fctv please be cognizant of what you say how you say it and what can be seen and heard in your background we have a full compliment of Commissioners tonight thank you all for your dedication I'd like to remind you guys that for commenting I'll call on each of you in turn and that all votes done by roll call even if you've made the motion or the second to our public attendees at any time during this meeting you may enter any comments or questions via the chat function at the appropriate time they will be read into the record if you'd like to participate in a specific hearing let us know via the chat function then at the appropriate time I will call for public comment when you are selected you will be moved into the hearing as a participant as such you must have your video enabled be succinct and respectful of others public comments will be limited to three minutes each regarding rdas under a request for determination of applicability the applicant is asking the commission to determine if the provisions of the Massachusetts Wetlands protection act Andor the fouth wetlands bylaw apply to their proposed project a negative determination is that the provisions of the act and of the bylaw do not apply therefore the project May proceed as proposed a positive determination means the provisions of the ACT Andor the bylaw do in fact apply Andor may require some conditions therefore the project would require a notice of intent intent application so as an applicant you kind want to hear a negative determination and for anyone waiting for a particular hearing tonight so that you're not waiting unnecessarily the following hearing is expected to be continued 318 simple whet Road all right we got a long night ahead of us so let's got to jump on it all right first up vote minutes December 4 202 four Mr chairman I reviewed the minutes I move approval as written pending any comments this evening Patton bir second thank you all right we have a motion in a second to accept the minutes as presented questions or comments all right we're voting Betsy gladfelter ey Courtney bir ey Matthews abstain Kevin O'Brien I myy pa Hawk ey Ron rco ey Steve b i with one abstention we have accepted the minutes as presented thank you Kristen next up is requ is a request for continuance under notice of intent Chris Smith Clancy construction 318 s whet Road f with mass for permission to raise RZ e an existing single family dwelling construct a new single family dwelling with attached garage deck and patio and upgrade the existing sewage Disposal system Jen yes Mr chairman the applicant is requesting a continuance until January 15 or so move just second all we have a motion in a second to continue this hearing until January anuary 15 questions or comments all right we're voting on the continuance Betsy but filter I Courtney bird ey Matthews ey Kevin o Brian I my car hawky Ron Risco ey Steve and I it is unanimous we have continued this hearing until January 15 next up is a request for determination of applicability James and Colleen imino 143 meow Neck Road fouth mass for permission to reconstruct an existing deck Alissa the applicant has requested a continuance until January 8th we so move fiscal second all right we have a motion in a second to continue this request until January 8th questions or comments we're voting on the continuance that's black filter I Courtney bird I Matthews I Kevin O'Brien I Mor H hawky piscal Steve r i is unanimous we have continued this request until January 8th next up is a continued request for determination of applicability Howard and Cynthia G 55 B Pawn Road Palou mass for permission to fill and abandon a failed sewage Disposal system and to install a new title five sewage Disposal system Alissa staff recommends a negative3 under the state and negative2 under the bylaw resource are boundaries are not convened bird so move fisal second all right we have a motion in a second to accept staff's recommendation questions or comments we're voting to accept staff's recommendation Betsy blf ey Courtney bird ey Matthews ey Kevin O'Brien I my Hawk Ron B Steve m i it is unanimous we have accepted staff's recommendation thank you to the staff next up are hearings under a notice of intent all hearings of the found Conservation Commission are held simultaneously under the authorities of the Massachusetts Wetlands protection act and the fouth wetlands bylaw although a single decision of the commission is issued it represents a separate decision under each Authority as a reminder public commenting is limited to three minutes so encourage you to stay within the purview of this board which are the rules and regulations of the wetlands protection act and the wetlands bylaw and how they pertain to a particular application the chair reserves the right to stop any commenting that is disparaging or inconsequential to the hearing first up Melissa be for Melissa M Beford trust agreement 118 oyster Pawn Road fouth mass for permission to raise ra a Zee an existing single family dwelling construct a new single family dwelling with attached garage shed deck and patio and upgrade the existing sewage Disposal system Jen yes Mr chairman I have promoted Tom Bunker up to present his project Mr bunker you're up sir I'm up thank you yes for the record my name is Tom Bunker I'm a lane surveyor with BSS design and we've prepared this plan for Melissa Beford and if I may I will share my screen yes sir thank you [Music] and just get up here first to show you on the Google Maps uh where we are this is always you can see and the property is located at the intersection of oyster Pond Road and and surf Drive near the bike path on the very southwest corner of oyster Pond and um now I will put up a uh one plan get that out of the way if I may this plan this is sort of a a colorized version of the plan that was filed it's easier to see some of the resource areas on this um where is that this is I can go back and show you the existing conditions plan but this is the proposed plan and I I put these resource area colors on that a little better so this uh the oyster Pond is up along here and the the the water the Waters of oyster Pond continue down along the uh the north side of the lot in this this location the uh FEMA velocity Zone runs along this line here the uh the red sort of red purple line here and then of course then these the Falmouth Wetland regulations velocity Zone in this location um we have Coastal Bank all the way along it uh some of this bank is has been armored for quite some time along here and this in here is not armored it's just kind of a steep bank that drops off probably created by Phil sometime way in the past um bvw bordering bvws through here flaged by LC uh this is the entrance to trunk River uh going out this way under surf drive under the pavement and uh we also have this RNG kind of line is the uh natural heritage endangered species habit at 2,158 so that occupies the uh Waterfront side of the the lot and of course each of these has a Zone a um showing in Red Zone a of the 50 Foot Wetland Zone a there's a Coastal Bank Zone a uh land under a Salt Pond Zone B here course this Salt Pond yeah 75t Zone a to land under a Salt Pond this location so the site's covered with resource areas and and their buffers as you can see everything is in flood zone so landw of the uh velocity Zone Val the Fe of velocity Zone then we have the rest of the lot is covered with the Zone AE elevation 13 so that's that's the recap of the the uh resource areas and the buffers let me uh I'll get the plan up here showing the I iy show the the newer one no there was a uh a a a revised plan sent in I will get to but this is the existing conditions plan which is of course the same on both we have this house here uh you can see it's outline um I ran down all of the uh coverages in the various resource areas and the the distances from the resource areas such as along here the house is only the corner of the garage is 9 ft from the BBW here it's 10 ft from the BBW a little bit more room here 38 ft to the top of Coastal Bank 47 ft from the top of Coastal Bank um they're all within as you said the Zone a of the uh Coastal or the uh Salt Pond land under a water body Salt Pond uh little septic system in here which is too small it's under size by current Title 5 it's and it is uh less than 100 ft to Wetland and it is uh less than 5 feet from groundwater um that's non-conforming the house the floor is only at 9 and a half and the flood zone is 13 and so that's non-conforming it's partially in the Falmouth velocity Zone the garage and here all this enclosed area in the fouth velocity Zone um has no flood vents that type of thing then I'll go back to this plan and so I added on on the prints I sent in I had the this red line here which shows the outline of the existing house and so you can see that it's pulled well back away from the uh oyster Pond um it it went up into here the existing patio I did not put this line on the proposed prints I sent you but I added it here this is the proposed patio and or not I'm sorry the existing patio and brick walk uh through this location here um so there is patio put out here but it's it's further back uh from the resource area than the existing patio the house has moved uh landward quite a bit um like from 10 to 10 to 20 feet the existing house is up here and it's moved down uh this is enclosed area in the FMA velocity Zone there's a small amount here in the FMA velocity Zone but it's unenclosed that's porch on on posts no enclosure here um and so all of the enclosure structure is out of the Velocity Zone um but moving it away from the pond is also moved it closer to the road um so there's a tighter area but we could fit an a septic system here there's more of a retaining wall um 10 ft High uh rather elevation 10 it's uh it's from 3 to 4T High um in this location the elevation is around six so it's the wall is 4T high in this location but it's 3 to 3 and 1/2 ft High um actually only 2 and 1/2 ft high from 7 and 1 12 to 10 here so it's not too bad there's a row of uh Shrubbery along the top edge of the wall in this location uh and this has a a tank with a pump chamber pumped up to pressure distribution uh type of system which is um beneficial because it spreads the effluent over a greater area uh and there's also this rectangle here which is room to put in a uh Innovative alternative uh type uh treatment septic treatment uh technology when that requirement arises which is not too far in the future but that space is reserved there uh the calculations there and the existing propose the existing coverage which is itemized on on the first page is 7,000 square F feet 717 and it's being reduced to 6,079 so there's a 938 foot reduction um in zone a and but there is an increase of 600 square F feet in zone B because things have been moved landward there still overall a 336 Square F foot uh decrease in coverage uh with this plan uh partly because the the driver has gotten considerably smaller because shorter because the house has moved forward um and so this this uh area here here is is currently Stone driveway area and that's being revegetated with Nat shrubs as as restoration not not mitigation there were two uh beach trees in this there're three but two of them are had to be removed didn't show it on here it was this kind of 6 in at a holly tree and two beach trees here that are and uh they're big but somewhat questionable Health some canker and the top is broken off on one of them uh we have two trees going in here in a in in a good location near the uh resource area staff pointed out uh that there's a from 1989 um uh order an amended order of conditions which required a 10 foot wide um buffer planting along long oyster Pond so I've added that on here uh there are several shrubs in here remaining from that buffer planting but now it's proposed to be fully planted there a couple other uh items on that as far as removing a picket fence and removing some chicken wire uh whatever else here that is not labeled on this plan yet and there is is a lot of Arbor VY right through here just a hedge of Arbor VY which uh because of its proximity some of it will be come down and the staff would like that to be replanted and of course we will um it's not shown I didn't get to planting that it takes a little bit more more more thought than drawing a a hatch pattern on the plan but we will get to doing that um that's the proposal I'll take your questions and see where we go from there so I will stop my share okay thanks Tom Jen thank you Tom so you've added the missing the the former buffer zone what did you say about the chicken wire fence you're adding did you add the note to remove I did not add the note to that yet I'll take care of that okay and then you're going to add the other plantings yes um do you think uh okay we'll leave it to the board whether they want to see that or they just want to condition that that but I think those addressed I believe that addressed everything so thank you Tom no more questions Mr chairman all right Alysa thank you um I think the one other note was uh I think it was in your narrative Tom that there was a chance the Dogwood might not make it so just to note that um something should go back over there if it doesn't yes it's a little close closer limit to work but yeah we can replace that if it gets damaged destroyed yeah okay all right commissioner comments Betsy good evening Tom I think um you did a good job fitting fitting this in with the with the uh space that you had I don't I don't know how I always get these shoehorn jobs why you always get them yeah well well it's fine I me as long as you as long as you define the outline of the shoehorn you're all set thanks that's all Jamie all right Courtney no no coal no coal oh good um anyway Tom um couple of questions why not bother to put in the dite system now well I'm talking with us I'm working on this on the septic system with Mike boreli and so we're talking about that and the Board of Health I was at Board of Health Monday for a different hearing and it might actually I have I have to review it I might actually be required now might suggested doing it now because would want to dig that up so if we come to that conclusion then yes that will I'll run that by con by at least the administrator as far as putting that in out it shouldn't be a problem so like surf Drive isn't on the town sewering list is it I don't think it is down there no okay and uh the beach trees that's a real problem is the BL are they if you had an arborous look at them no I didn't I I looked at them all I know is I mean the top top of one that blew off in some wind and I know that causes Ro it's a ragged it's a ragged break up top and it happened to a tree at our house and it just rotted from the top down the other with the the uh the canker I just self uh self diagnosed would it make sense to just figure that you you've got to take those down and replace them replace the trees as part of this project yeah I'm putting two in yeah two trees in to replace those two beach trees they're they're further back toward oyster Pond um there is also a holly tree there um you know which it it's a smaller a large Bush rather than but it's it's considered a tree in your regulations that is that is coming out done a nice job Tom that's F no call for you thank you thank you I agree Tom did a great job getting everything in there so you the honorary cobbler Kevin uh no the comment that than very good job Tom very good job good um the only question I had Tom everybody asked the ones I was going to was um I read your little letter um so no work is being proposed on any Town property at this point yeah I could get into that or if you want I at this point no because I got a call from the natural heritage and it would have involved a lot of work restoration everything else so I wait till I expect through going through board of appeals they will as a referral from the engineering department they'll want that stuff removed and then I'll come back and figure out how we can remove that without too much Ruckus okay that's all and I I have to ditto for what um Courtney said at this point you know just put the tank in now yeah I think that's right with all the nice walls and you know it's going to be beautiful thank you Ron also accept the same thing Tom did a great job fitting that spot in it's a very complicated site thank you Steve I'm all set Mr chairman thank you and thank you Tom I'll have to sh give a shout out to the architect also for making the house fit da seagull there you go all right Jen is everything in the public chat function please um I know that the executive director of opet said They wish to comment on this project but I haven't seen a chat yet oh here we go here we go um it's from Chris Brothers as a key of oyster Pond Environmental trust as a key stakeholder the oyster Pond Environmental trust is focused on ensuring the health and ecological Integrity Integrity of the rather than advocating for specific methods such as septic upgrades or future sewer connections we wish to emphasize the over overarching goal of lowering nitrogen inputs and improving water quality in the pond this approach ensures opit maintains its commitment to the health of the pond while leaving the decision on the specifics of the septic method to the homeowners and Regulatory bodies based on their unique circumstances and Regulatory obligations that said said it is important that the homeowners are made aware of and consider the currently available AI denitrifying systems and also the potential of needing to connect to sewer systems in the future this property is immediately adjacent to the Herring run and we're controlling water levels in the pond and any construction should take PL take into account protecting both of these thank you Chris all right yes the the health the Board of Health or the health department actually the D has kind of a short list when you get into these projects now that require the what's it called best available nitrogen reducing technology the acronym is Banner so there are actually only four technologies that they will approve uh in situations like this in the in the nitrogen sensitive area so the bo the Board of Health and D have are are tightening the news somewhat so it's yeah there's not a lot to choose from make a motion to close a hearing and take it under advisement second all right we have a motion in multiple seconds to close the hearing last call questions or comments Mr chairman I just want to go over the Tom so you're going to give us a revised plan uh with replacing the arives a note to remove the chicken wire you've already added the missing buffer and a note that you'll replace the Dogwood if it uh does not survive yes and a note to remove the picket fence if it's not on the plan thank you yeah okay thank you Mr chairman duly noted we have a motion in a second to close the hearing we're voting Betsy black filter I Courtney bird ey Matthews I Kevin O'Brien I my Carlo Hawk I Ron Chrisco I Steve and I it is unanimous we have closed this hearing thank you Tom thank you and have all have a happy holiday season same to you Tom to you Tom Tom happy holidays hey I'll see you in a few weeks okay all right goodbye all right next one had been previously continued until January 15 brings us [Music] to Josephine f is it theive I think Thomas S crane Trustee of the Thomas S crane 2000 revocable trust and Charles M crane Trustee of the Brewer crane Family Trust 37 hinley road fouth Mass full permission to create a burm renourish and revegetate a coastal Dune and grade a coastal Beach Chen yes Mr chairman I am promoting Chuck Roland up uh from cap and Islands to present his project and Mr Crane has his hand raised he previously said I'm going to promote the homeowner as well but I think he's just wants to be available in case the board has any questions excellent Mr Rand you're up sir thank you very much um I'm here before you representing uh the owners of 37 uh Hinkley Road I'd also like to mention that um I believe Ben Fairbanks with Fairbanks ecological is yep sorry about that Chuck good I'm promoting Ben Fair uh Benjamin Fairbanks as well thank you great um so um I'm going to share my screen as I kind of go through this yes let see if it pops up here can everyone see my uh my screen yes sir yes great uh so like I said Chuck R engineer um I'm representing the owners of 37 hinley road and fouth um and I'm sure that all of you are somewhat aware of the area uh down here on the Southeast side of uh Woods Hole um so we'll get right into it um so presently the site is located on Juniper Point Woods uh the lot contains a single family dwelling boat house brick patio and all including Rip r vetman retaining walls gravel driveway lawn landscaping areas of natural vegetation property is uh situated on top of naturally occurring Hill here um and overl looking Little Harbor to the East and great Harbor to the West um as uh on the other plan as you can see from the uh images that the seaw wall washed away um you can also see on our plan generally where this is located where we'll be working um and it's important for the uh sand to be within the coastal Dune to maintain the structural Integrity of this wall um and so the project as proposed um we've we're working with Fairbank pychological design uh to re plant um to protect the seaw wall and Coastal Dune from erosion and other impacts associated with major storm events this work will be carried out with a 900 square feet long exposed area of the seaw wall in this area I can zoom in um and we'll be nourishing approximately 100 cubic yards of sand on the seaw wall half of the sand will be used for the um uh Dune replenishment and half of it will be used for sacrificial burm um we'll be planting about 1,400 Combs of American Beach Grass um as well as shrubs um as you can see here um and uh which includes sweet Fern Beach Plum uh sumac um and then uh we have the planting plan that shows that a little bit better um which is all this um and we are also requesting um the sand be removed from the beach here um in perpetuity um I think that there were a couple of Staff comments that I can address now if you'd like um so um we updated the notice of intent we had a scribers eror in the length of the the sacrificial burm um and staff raised comments about the removal of the sand um on the beach in perpetuity um and the RDA issued in March of 2024 is valid until uh 202 now due to the permit extension act um so we're okay with that but obviously we are requesting it in perpetuity um if the commission would allow that that's great if not um we're okay with reapplying for it when that expires um and I'm gonna have Ben Fairbanks kind of take over the rest of the talking points in the planting do you want to share the screen or you want to continue seeing my screen Ben um yeah actually I have some pictures to share so if I could share my screen and I have that plan up as well so um see share [Music] hold on one second give me a minute here um uh do I do I have the ability do I need to be authorized to share my screen yourself authorized um because I do not see an option on my screen so Ben it should be on on the bottom if you bring your mouse down to the bottom you should see audio video all the way to the left you should see a green button that says share oh now it's there it wasn't there before okay um all right so um I'm just gonna walk you all through uh back to this visual of um just kind of like a a profile of the existing conditions and the V ative profile just kind of zooming in a little bit um you can just see over the years um you know how if you compare from this point to this point um that there's actually an increase in vegetation uh but then a decrease again so it it appears you know that with the um existence of the Rosa Rosa um which is the plant that is abundant along this area um a lot of people confuse the existence of Rosa regosa next to eroding areas as an erosion control plant um so here's the picture of um up to the northern section here uh where my cursor is so this is what it looks like this is the Roser regosa doing very well um and uh so it's often mistaken as an erosion control plant because it merely survives erosion events and so you see this and this is an example of what's Happening Here um where then in all this area where the Rosa Rosa was is gone and so this is really kind of a choke point when you have the bottom of the seaw wall intersecting with mean high water it becomes like a very fragile area in terms of the substrate holding it together and Rosa Rosa just has very shallow roots and doesn't really penetrate that deep layer so we decided to think about plants that would have that kind of uh structural Integrity that this soil could have or the this the backfill of um all of the renourishment to protect that investment um and to uh just choose plants that have a deeper root system so um the American Beach Grass um after renourishment will do a great job and then have you know um quantifying that next to a sacrificial burm in the event that there was any major disturbance that might take away some of the beach grass um basically that there's that kind of like backup plan um in the event of a huge storm so first and foremost the beach grass serves that purpose um moving on down the bank uh where it's still very sparse um but the staff uh noted that there was a lot of existing vegetation where we were proposing plants um so just going back to the planting plan here so this area where we are proposing the um the three species of Thicket plants um are kind of in this area and um essentially we have no intention of removing any vegetation there's no existence of invasive species aside from the you know the various hand pulling of weeds so no no plants would be um removed uh this would be merely a supplement to to the existing vegetation to create a Thicket area that supports what's more Upland in uh towards this house in the back so just adding to that Thicket species and um just kind of choosing uh fragrant sumac and um the sweet Fern for their kind of low growing habit that kind of adds to what the beach grass is doing in terms of trapping sand and um and kind of building that deeper root system that the existing Rosa Rosa kind of lacks um so that's kind of the rationale behind the planting but um at at this point um I'll just open it up to questions whenever they come so thank you you can stop sharing okay thanks Jen um thank you for that explanation Ben we were kind of wondering why you chose the species you did um so that's interesting to know about the rosos of being very shutler rooted so thank you for that explanation uh if I missed it what invasives are you you proposing to remove none that that's I was saying that there aren't any invasives on site so I was just saying there's like a couple weeds that you might want to pull thank you all right I don't have any additional questions Mr chairman oh I do have one comment Chuck yes Falmouth does not issue forever permits I'm sorry we're allowed to ask you are allowed to ask and allowed to say no um no but this this particular permit will be good for five years given that permit extension act so this permit will be good once issued will be valid for five years so you at least have a little bit more time um because we do know that that site gets hit pretty hard in the winter and that sand does accumulate and that um you know this is a a practice that has been done in the past and thank you Mr Crane for permitting it um so thank you all right Alissa uh just one followup question sorry if you guys had already said it where is the storage location for the equipment that you'll be using out there um that was one of Fallon's notes on the staff report I'm happy to address it Ben um I was we were thinking of we of um having the access um I believe there's a place we could pull in um along the existing um I think that we'd be storing it like on Hinkley Road as close to the existing boat house as possible um essentially in the gravel road okay thank you does that work then Tom Mr exactly what was said there's um right up towards the uh public section of Hinkley Road there's a um uh an area next to the boat house that can easily store the equipment if that's suitable for staff thank you that's all all right commissioner comments Courtney uh I have no comments Kevin no comments Mr chairman thank you all right Mory no comments thank you nice presentation and interest about the Ros regosa thank you you Ron yeah it looks like a good project good luck I hope it works Steve my only question is uh why don't you continue the plantings all the way up to the boat house since the erosion I can answer okay go ahead sure yeah no I can I can answer uh essentially well I mean the plantings uh where um seaword from where the burm is proposed uh we are proposing just purely American Beach Grass there in the event that there is some kind of event that creates scarping or erosion that the beach grass is very is the most resilient to any kind of sand shifting around and can grow through that so we're we're kind of uh put you know focusing the shrubs more along where it's kind of like the Upland area closer to an Upland Dune like where there are other shrubs kind of protecting that buffer um and then just kind of having a a whole Suite of Beach Grass up into the existing Rosa Rosa where we propos to leave that just leave well enough alone type of thing you know so no I'm sorry but on a previous conservation visit I happened to had an opportunity to have a a small problem U right in the area of the boat house with my vehicle so I was hoping that you could you know make sure that the road I'll never be back there I'm sorry Mr chairman I'm I'm done I got stuck in the sand at the boat house that happens all right Mr Crane yeah just a comment to Mr Patton's comment um we we just got uh really nailed really badly last year and I think Mr Patton may have come before the uh grading I actually invite you back it's an eminently passable road now thank you we serve on the CPC together we need to give them a little challenge now and then all right let's see looks like a good plan interesting rationale for the for the planting where where and what and you have to do the best you can try to keep the sand in place that's all Jamie we just leave Steve's car there it'll hold the sand all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman thank you I'll make a motion to close the hearing and take it under advisement bird second all right we have a motion in a second to close the hearing last call questions or comments we're voting to close the hearing Betsy blood filter I Courtney bir I Matthews I Kevin O'Brien I my car Hawks ey run fcal Steve M it is unanimous we have closed this hearing thank you everyone all right next up David and Kim cppo biano 316 Edgewater Drive East bouth mass for permission to raise ra a Ze an existing single family dwelling and construct a new single family dwelling with garage slab upgrade the existing sewage Disposal system and reconfigure the driveway Jen yes Mr chairman um Mark or Chuck please raise your hand which one is going to be pursued thank you Mark I promoting Mark DB from Capen Island to present his project promotions are good this time of year Mr dib you're up Sir uh good evening Mark Tim with cap and Islands engineering uh presenting for the app at 3:16 Edgewater Drive East uh with your permission I'd like to share my screen yes sir so so we filed a notice of intent uh for the property at 316 Edgewater Drive East for the demolition of the existing house which is this darker dashed line with some of the tan outline you see and also demolish a shed that is or remove a shed that is on site um the existing resource areas on the property um there's eel Pond to kind of the southeast um a coastal Beach associated with eel Pond an existing um some rip wrap with a Timber capped metal sheet pile bulkhead that has been replaced um in the last 10 or 20 years and uh from there there is a uh the fouth resource area buffer zone A and B that come into the property the um southeasterly portion of the site is also within the velocity Zone uh this blue line is is the velocity zone line and the remainder of the property is in the ae12 uh flood zone so we are proposing to demolish that existing house uh rebuild a a new house to flood standards um you'll see it is set back um not a lot but further back onto the site um there is a this Gray Line with the V is the Falmouth uh vzone line and what we have done is incorporated a section of um full Foundation um or crawl space foundation and also included uh 200 additional square feet of enclosure um right in this area uh just to add some uh additional storage to that lower level the rest of the house will be supported on piles and it is intended to not have Breakaway panels um for those other walls in the velocity Zone they were just be open pile supported um structure there um other components of the project is a new tital 5 septic system out in front of the house um a staff question uh was where is the existing system uh Board of Health did actually not have a file on this property but the owner did provide some details that there is a tank in a leech field in this area we will be adding that to to the um to the site plan um the couple other points of the project this this concrete patio uh based on review of samario photographs has existed for a very long time uh I believe you can see it even in the the 1968 uh photo um how however the shed um did appear uh sometime between 2014 and 2016 uh as identified by staff uh we had taken credit for that as existing uh uh development or lot coverage so we'll be modifying uh mitigation calculations to not include that as as an existing condition existing developed area which will adjust the uh mitigation calcul ations um we have worked and I did just get them but uh just in the last few minutes on architectural drawings that do reflect uh no Breakaway panels and accurately uh reflect these um staff had identified that the stairways coming out off this deck and out the side entrance or a bit different we've updated those uh so we'll be providing those to staff uh so that that should be coordinated and the Breakaway panels removed from that those drawings um and the shed um the our our buffer zones were identified based on the uh the a being from land under ocean um staff did have a comment was the top of the bulkhead a Coastal Bank um it does meet the town of fouth definition for a Coastal Bank uh being a uh engineered structure um so we will be adding a Coastal Bank line across uh the top of the the the structure and adjusting the a Zone will stay the same B Zone will adjust some and we'll update all the uh related changes to that um at this point I would like to open up to any questions the commission may have and like I said we do have some updated plans already but uh we're responding to the staff comments from yesterday so we can definitely provide those to the commission for their review I'll stop sharing thanks Mark Jen yes Mr chairman thank you Mark um we Mr chairman we are going to need a continuance so we can review those plans um and confirm like the staff's comments the only other thing Mark is um with the installation of that septic system there's going to be like zero trees on that property um is there any um tree mitigation or tree restoration proposed because once those trees come down this this this property is going to be like devoid of any trees we haven't proposed any yet but since we're continuing I can work with the owner and see what we can propose and I'll run it happy to run it by you guys as well before getting to the hearing but we can we can take a look at that yeah I'm looking back at all the areals is just once you take those out there's going to be nothing so we would like to probably see some trees back on that property thank you that's all I have Mr chairman all right Alysa nothing to add thank you all right commissioner comments Mory no comments at this time thank you Ron no all said thank you all right Steve good plan thank you all right Betsy Mark I I must have blanked out for a minute but why are you reducing I mean not not that I'm complaining about this but why are you reducing the size of the patio uh we're actually by reducing the size of the patio we're reducing uh development in the A and just we're basically balancing the site out so we're don't require mitigation by reducing oh so you're taking out where compensating for the shed uh the shed the shed is still to be compensated for uh that was a comment that came up by staff um but it we're basically by removing a portion of that patio we're trying to balance out the need for mitigation um that patio as well it's amazing has been there was in the 1960s Aerials too um but yeah that's the reason just to to to reduce development in the azone okay thanks I'm just yeah that's it Jamie thanks all right Courtney um Mark uh the usual question about one not do on D night or they planning to St down there um off the top of my head I'm not sure the status of sewer on that road um you'll see there is a placeholder uh for the future IIA if you know if it's a requirement but at this time they're just uh not proposing it um because it does meet all the other current Board of Health regulations for setbacks I know but you can earn some brownie points with the commission right and and no coal for your stalking you see uh no other questions all right Kevin no questions Mr chairman thank you all right um I'll point out there was two letters of support from abutters um that you guys should have seen they were passed around so it's a positive thing it's always good when the neighbors are on board yeah all right Jen what are we looking for um the staff needs to review the architecturals to make sure that they are um they comply with your regulations and that they match the site plan Chuck I mean uh Mark needs to go back and um figure out the shed issue so we might be seeing some mitigation and we do really want the applicant to look at restoring some trees on the property so we want to continue and what times Jen what times are available the 15th isn't that um Mark do you have a request for us um yeah request to continue to the 15th where so move BL second hold on hold on hold on too many chairman in this this Jen is there anything in the public chat function please nothing in the public chat function Mr chairman and this will make three continuances to the 15th if you're concerned I'm concerned all right all right I'm sorry who made the motion who made the second Courtney made the motion I made the second thank you all right we have a motion in a second to continue this till January 15th last call questions comments question we're voting on the continuance Betsy blood filter ey Courtney bird ey Matthews I Kevin O'Brien I myy Hawks ey Ron RI and Steve Matt and I it is unanimous we have continued this to January 15 thank you Mark thank you thank you Mark har you too everybody all right next up continued request for hearing under a notice of intent Clayton Jones 100 garet Avenue f with mask for permission to reconstruct a deck install a pool with a patio construct a front end entry and shed reconfigure the front walk and parking area construct a new set of access stairs and install mitigation plantings and for the record the Quorum excludes Yours Truly Ken yes Mr chairman I promoted Mike belli from Falmouth engineering and Angela Tanner from Crawford Land Management to present their project Mr belli you're up sir thank you Mr chairman members of the commission for the record my name is Michael belli from Falmouth engineering and I represent the applicant I'm joined tonight by Angela Tanner of Crawford Land Management uh with your permission I'd like to share my screen yes sir I'm going to start by uh refreshing in memory of the site location at 100 gar atev it's the second to last property in Falmouth before the Bourn Town Line it has Frontage on uh Stig uh har Stig SL maganet Harbor um to the West way off to the West is manit Harbor proper and the town landing and manit yach Club are off to the West in this location the SES um has Frontage on ghadav it's a peninsula you can see the Woodland around the site um and there's an area an area in here that uh is open that I'll get to uh in a minute I'm now sharing the uh revised site plan prepared by our office if you remember I uh Angel and I opened the hearing on December 4th we went through the general project elements and then I advised you that the staff had uh found an drawing in the archive from uh 2001 that had suggested that uh there may have been some um unpermitted clearing of that area I just showed you on the aerial photo and that it was there was going to be a need to do some restoration we we had met with staff and and I think we worked out as uh acceptable strategy uh we we revised the plans and the revised plans are before you tonight tonight and I'll uh go through what we did for revisions uh Angela can talk about the landscape plan and the mitigation plan thing and then uh we're happy to take questions so the the project in general there's an existing house on the property the peninsula is surrounded by a non-eroding coastal bank and then at the base of the bank is a salt MH system so we we've added to the plan the associated uh Noti stb Zone A's and out of buffer zone B's and all of the proposed uh improvements have been designed to meet FW 10.18 in that they don't go closer than the present primary structure to the nearest uh Wetland resources in this case Coastal Bank on one place and the salt marsh in another the uh improvements include a removal of a smaller deck and reconstruction with a a larger deck a small uh plunge pool is proposed on the west side there is a shed on the south side and a new entry I'll zoom in on that for you shown here as proposed entry and then um some alterations to the driveway which is paved to help offset uh mitigation uh planting requirements the imper surface calculations were submitted um the net increase resulted in the need for 1,100 square feet of mitigation planting and we're proposing that in an area that uh is suitable and meets all your requirements it's more than 10 feet from the house it supplements the buffer to the Coastal Bank and salt marsh on the North side the details of that mitigation are on the Crawford Land Management plan the most significant planting area is uh cross-hatched and is uh on the southwest side of the property this cross atched area is a all uh proposed restoration of an area that uh evidently was altered by a previous owner to Mr Jones and and he understands the ramifications of that and he understands that that has to be restored so the entire uh no dist stance Zone a in existence at the time time is proposed to be restored um and the plant specifications are on the Crawford Land Management plan we received a updated staff report um and without putting words in staff's mouth it seems like they were satisfied with most of the initial um staff report concerns I'm hoping that we address those and we uh took their uh advice on how to do the restoration um then the new and updated staff uh comments are I think I characterize as bookkeeping things that we can easily um address and fix and I'll just run through those very quickly um point one says that there was some regrading proposed um outside the limit of work that was that was an oversight on our part and that's that's right here if you see where I'm circling there's a limit of work right here and I show a couple proposed Contours on the wrong side of that so we can regrade that on this side of the limit of work we're happy it is submit a revised plan for that there's a comment about some brush piles existing brush piles along the top of the bank that should be removed no question happy to have that as a condition um there's a comment about showing Reserve areas on the plan so those what that means is part of our project includes removing a significant part of the PVE driveway this circular driveway that I'm circling um uh a large part of that over 1400 square feet of pavement is proposed to be removed um and then this Green Cross atched area was a reinforced Turf um uh parking area for occasional use um so staff was concerned that if that doesn't hold up that there's a possibility that the applicant may want to let uh revert back to uh come back and redo it as uh some PR impervious surface so they wanted us to designate a place for additional mitigation on the property which we could do we can submit the plan that shows um that quote unquote Reserve mitigation area is is what we talked about the alternative would be to just not do uh any more impervious and just let that go revert back to Grass area in which case we wouldn't need the additional mitigation but uh we're happy to add it to demonstrate we we can show it on the plant there's a comment about the restoration buffer area plant spacing to be 4 feet on Center we understand that and expect that to be the case um the Crawford Land Management plan doesn't show the limit of work so I'm sure angel can add it's on there but it's very faint you can't see it so she she'll make it so it's obvious and consistent with the limited work shown on our plan uh staff recommends that there be some Tre minute mitigation uh and that should be planted in the originally proposed location um we're we're fine with that uh Angela can further comment if necessary on that but I I'm hoping we can just work that out with staff there's a question um as to why there are no uh trees proposed at as Restoration in the Disturbed buffer uh we we weren't it wasn't clear to us what if any or how many trees may have been cut back in O vintage 2001 through 2004 but we're sure the owner will be happy to work with staff to provide some tree tree restoration and I'm hopeful you'll allow us to work that out with staff uh Huckleberry um was size of uh the plant size was specified as one gallon size and staff said that it should be larger C most certainly agreeable to that and then uh the final one was the commission will need to determine if sweet Fern can be approved as shown on the planting plant we're happy to defer to the commission on that and if there needs to be a change in that plant um species we're certainly willing to accept a condition and uh I think I am done and I can turn it over to Angela or we can just take questions at this point if Angela has anything to add go for it otherwise we're here for questions um Angela Tanner from Crawford Land Management for the record um I don't think that I have anything to add I think Mike was pretty thorough so if you have questions I'm happy to answer them all right fair enough Jen yes Mr chairman um Mike I'm sorry on the on the um on the the staff comment about the mitigation at four feet what did you uh what was your comment on that one oh I'm sorry I was looking I had Angela's plan a second ago this room isn't that big and for some reason went poof and I can't find it anywhere well there was a staff comment about the plant spacing in the restoration area that it should be four feet on Center I think Angela may have specified some greater spacing so we defer to the commission and staff on that okay and I think what where we were going Angela is you had a note on the mid on the mitigation that it was three feet on Center and the board has been kind of loosening that to four feet so we kind of fig and then some of you had three feet on Center up here and then kind of five feet on Center down there and we were just like just make it all four feet and so that should kind of spread some of that mitigation out for you and kind of tighten some of the restoration area down okay and Angela can you fit some some trees in that restoration area I mean that goes really down low so it shouldn't affect any sort of yeah the only reason that we moved them um there was I think a note about why did we move them and it was because uh some previous projects we had been told that the mitigation trees needed to be in the mitigation area so that was just trying to stick with that um but I think we can put some back where they originally were and then have some in the mitigation area too if that's what you're looking for okay um no trees and then Mike you'll revise the to show the reserve area MH um I mean there are a lot of revisions they're minor revisions there are a number of them but if the commission feels confident we can work with Mike and Angela on the revised plan and that's all I have Mr chairman all right Alyssa nothing to add thank you all right commission or comments Ron it's a beautiful site and you've done a lot of work I I'm sure we can work out the details on the making conditions on the Revis plan I no further questions thanks Steve yes thank you for responding to staff's comments I think we got it all done thank you excellent let's see I just have a question and this is I guess for Jen and Angela and maybe um Mory is that I notice many of the trees down where you're going to do the restoration the trees that exist a little outside are um Locust and they tend to they tend to kind of spread so I'm just I'm just making that as a comment I mean I would hate to have to come back and have to kind of pull most of them out it I mean I like I like trees and I don't like to pull them out out but but it they really are kind of invasive they they are Tech well they're technically native but they're also on the state listed invasive list they're I think might be the only native plant that's on that list we did not talk with the homeowner about the possibility of removing the trees um I don't think he wants to remove the trees um as we'd obviously have to be replacing them with other things um but I'm sure it's something is that something that if he wanted to do at a future date I mean I I don't see why that couldn't be added to the or I guess I was thinking just keep a watch on it because they can start you know they'll spread yeah are are you suggesting some kind of that they may want to treat new seedlings or pull them no well amazingly there's I don't know if I'm on mute there's there's only what three there or three or four now yeah which you know is not that invaded at this point and they're larger I guess just keep a watch just keep an eye on it and if it becomes Angela when you're working out there if you see seedlings and everything else just come talk to us okay and you know the little seedlings we can just pull them as we go yeah just come talk to us okay we can either administratively approve that or if it gets to be a problem come back as an amendment and kind of deal with it through an amendment process okay I mean you're gonna have five years on this permit because of that permit extension act so it's a nice it's a well obviously it's a beautiful site it is and it it'll be nice when all of this is done all the all the rest all the restoration of the of the buildings are done and all the restoration of the vegetation thank you that that's all Jamie all right Courtney um follow up on um Psy's comments on the locust trees if you've got them on there I I have I speak from personal experience I have them on my property they spread they have a very shallow root system and they spread essentially by running their Roots out and then popping up right and um I've had them wrap around a water M and break it so it's it's something you may want to consider getting rid of and planting something else there while we're doing the restoration work okay you know um the other question and I had um the pool um oh here we go is that is that a got a fence around it or is this a fish Bond I can speak to that um that'll have an auto cover and the building code allows Auto covers as an alternative to a security fence okay I spoke to the Gary Street about this exact topic and um there is a provision in the building Cod that allows you to have an auto cover in l a secure Auto cover in accordance with ASM standard which I can't recall that is a substitute for a security fence and so that's that's what you're expecting on this yes okay no coal no other questions W Kevin no questions Mr chairman thank you all right myy um the only question I had um we were concerned about the density of the plantings and the last hearing and um you know it's 4,000 roughly is it 4,000 Angela square feet of the restoration area uh yeah 4,000 square feet yeah and there's only 300 I mean I did the math and it's and and I mean I'm not against the plan but when you see all your little dots that I think are milkweed and you know asers and things like that it's just not woody indigenous it's basically a a pollinating Wildflower Garden down there and I on a Coastal Bank like this and in in an area um that you know should be restored with Woody indigenous not milked and asers um because the rest you know if everybody looks at the plan it's all those little pockets are you know not really Woody plants they're pretty plants and I just I personally you know at 13 foot on I think I figured out it's about I don't know something it's it's not not not 4 foot on Center it's about 13 foot on Center for Woody indigenous um so when we did this plan and and I and I might debate with you the value of the herbaceous species most of the shrubs get three times the width of what's shown on the plan or what the spacing would be and so our goal with restoration projects if we can is to make them affordable to a client so that they actually want to do a restoration project and when we force them to put Plants you know 3 four feet on Center it becomes kind of cost prohibitive but we also heard the comments from Jen and Alysa about four foot spacing so I think we are definitely planning to fix that in the next round um working with staff to fix that so that it's more dense um so that it you know I I think we've resolved that I I've been actually supporting the you know not plan so close together but again when you put a scale on this um again it's just not a dense um Woody indigenous I I just think it's very sparse for 4,000 square feet with only 300 whatever I had 300 plants and 4,000 square feet on a Coastal Bank I just but that's just me and if everybody's happy with it I will be happy with it but I'm not right now Jen myy they they said like we pointed that out so we'll work with Mike and Angela to tighten I'm tighten that spacing up in that restoration area because we're going to loosen it in the mitigation area because it's way too tight up there so we are going to have more more more plants down in there restoration area all right because really it's if you if you leave read plan um there there aren't very many and the sweet Fern is thank goodness you didn't fill it with sweet Fern um but it's just not when you're done it's going to be a lot of grasses and a lot of little plants anyway thank you all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman all right what are you guys thinking well Jen are you comfortable enough to work with Angela and Mike yeah we'll be fine it's a lot of little changes but I think we can I think we can work it out okay in that case I'll make a motion to close the hearing and take it under advisement for second all right we have a motion in a second to close the hearing last call questions comments all right you're voting to close the hearing Betsy BL filter I Courtney word I Kevin O'Brien I Mory Hawk ey Ron Risco ey Steve I it is unanimous with this Quorum if close this hearing thank you Mike thank you Angela thank you thank you Angela happy holidays you too [Music] okay Mike I know you're staying so I'm not going to say happy holidays to you yet he probably see me tomorrow cool all right next up Richard C Barrett trustee Richard C Barrett revocable trust number three child's River Road East fou mass for permission to install a vinyl sheet piling bulkhead behind a failing Timber retaining wall and for the record your opening simultaneously number nine child's River Road LLC nine child's River Road he's com M for permission to install a vinyl sheet piling bulkhead behind a failing Timber retaining wall Jen excuse me Mr chairman yes along with Mike belli I have promoted Brad Holmes from ECR and Brian Wall um from TR wall and Associates um to present their project all right before you guys begin uh Alyssa confirm with me please uh my's not on this Quorum sorry my you're on break all right who's starting I well Mr chairman I'm sorry Mike Mr belli you're up sir thank you Mr chairman members of the commission again Mike belli fouth engineering I represent the applicant along with Brad Holmes from ECR and Brian Wall of Troy wall and Associates with your permission I'd like to briefly share my screen yes sir just for reference this is the plan we haven't submitted any revised plan since October 18th um which was uh subsequent to your initial uh public hearing on this where we talked about your issues and concerns with construction of the uh replacement sheep pile wall uh just to refresh your memory um this is a proposal to install a new vinyl sheet pile retaining wall having an approximate height of 3 feet above mean high water directly behind a previously licensed Timber wall that has um over time deteriorated to the point where the top section of the sheet has uh either broken off or been cut off um basically flush with the ground surface when I I say uh either deteriorated oil was cut off I say that because there was an order of conditions from many years ago uh where the commission conditioned that portions of that be uh flush cut in the and the uh owner at the time accepted that condition what's happened over the past several years is um the tide Tides have risen we have more frequent higher Tides as I think you've all experienced the uh property directly across the water body um has under gone a is currently undergoing a fairly substantial um renovation re reconstruction I should say and there's a there's many many boats on that side that uh create propeller wash um through due to the Turning movements in turbidity so the two naturally naturally higher Tides combined with the man-made increase in activity of caused some um erosion of the bank and the bank happens to have um salt Marsh vegetation High Marsh vegetation I'd like to note not not classic salt marsh vegetation but it is a salt MH band and we show it on the plan um I'll zoom in on that and uh DMF made some initial comments which sort of triggered the conversation about the salt marsh and we came up with some ideas and and and ways uh to enhance that salt marsh and also um described in uh reports from ECR and narratives from fouth engineering how we're of the opinion that the existing salt Mash band combined with the enhancement of the salt MH band will uh will grow and will be able to um Thrive because the wall we're proposing is not cutting off the source of salt water which we all know uh salt mosh needs to be in uh there has to be uh saltwater intrusion into the salt MH area on high higher spring tides that's what the vegetation likes so um there's two ways this the tide waters flow to that area behind the wall um first the Returns on the wall do not intercept they still allow on both ends and I I actually witnessed it as recently as yesterday water flows from a from this side freely behind the wall and from the Northeast it flows freely behind the wall that won't be impeded because the returns don't block that in addition we're proposing we Poes in the wall so Brad has um provided written reports and uh argued why we feel this will work and um why we believe it will work it's really not my area of expertise but I just tried to summarize it in a real Layman's way um we did provide that revised plan in the reports to division of marine fisheries and um because of the Thanksgiving holiday they weren't able to uh get their subsequent uh comments back to us so we had asked for a continuance to allow that to happen they did submit them uh last week and there's really nothing in there from our point of view that's different from the original report um that we had already commented on either through a Nar narrative about construction methodology from my office or comments on the salt MH planting methodology and and uh examples were provided of another similar project where this uh was proposed in that salt msh is is thriving today so that was a little more long-winded than I thought think I needed to be to bring you up the speed we we're just here to take final questions and respond to any comments if need be from you we won't we won't be asking for any further uh continuances and I'll stop sharing thanks Mike again yes Mr chairman um as Mike said the division of marine uh Fisheries continues their comments really haven't changed they continue to have concerns that this salt marsh will be altered um as a result of of the wall even with the proposed wheat poles and um so staff does still continue to have the same concerns um and I guess that's really all we have is um it's it we're going on a a a leap of faith here and I'm I'm just not quite sure that this will work um and that Marsh will not be altered and that's all I have all right Alysa no comments thank you all right Jen did we have a get the pictures from um yep Erica sent them and she sent them to Lori who should have forward them all to you they were sent um I'm looking at them right now they were sent back at late November all right all right commissioner comments Steve I'm sorry Mr chairman I couldn't add anything to the staff comments okay bety yeah I'm with Jen Jen on this I I I I do agree that Brad did a nice job on I think it was was it Dennis or Yarmouth restoration but that was open to full the full flushing of the tides and um I did ask in the last meeting sort of what the design of this weat pole is so what percent is going to be open and what percent is going to be solid if you put all these we Poes together what's the dimension of the we Poes and what percentage is is open I can add a little bit of detail to that um as Mike has on the plan they're designed to be six Ines above um the surface the the the restored surface um this is something that documented it's going to need a lot of monitoring for the first growing season we may have to plug a we pole we may have to add a weat pole we may have to add a weat pole at a different elevation um but once we have that able to you know monitor that and and see how the system works and and tweak it during the first growing season I think that we'll be able to understand the system and uh you know allow it to grow as as Mike said we do have open ended areas on either side so that um um that we'll get that uh flow from there but I think what we're kind of focused on is spartina you know that upper spartina grass the pton which in alternative Flor would be at the you know weather spartina at the the uh seawood Edge is if we get into a a a scenario where we find that the salt marsh is is not able to salt marsh grass is isn't able to to survive there's no reason why we wouldn't be able to amend it to an upper salt marsh environment we could use black grass we can use high tide Bush um the high tide Bush go along well with the grel bush that's there so we don't have to be just focused on two types of salt marsh species to restore that that band it's a a restoration we can we can get uh some diversity there and uh you know add different species that that's something where again it's going to be monitored for the first growing season we don't there's not a formula that I can give the commission that says at this inch we're going to have this rate of flow and that inch is going to be that adequate um it's going to be monitored and and and tweaked as it as it moves along the the site in dentist that uh we provided the commission with that was bordered with Coy logs along the edge so it wasn't just a free open Earth to the to the river on either on on all sides they were bordered with Co log so they did have a border of of a barrier it wasn't it's it's not a vinyl wall but it's it did have a barrier between the salt marsh and the and the water so uh and that as you saw from the the monitoring reports that were through the three growing seasons and then it's almost 10 years those areas have done very well and we didn't uh that was just spartina grasses in there um so I think that uh my my opinion is what what do we have to lose in the sense that we're if we do nothing that salt marsh is going to continue to erode there's only a little bit of salt marsh hanging on salt marsh grass being spartina hanging on before the ground so Bush if we we can restore that band we'll have uh spartina grasses to allow that protection to what's there and if we find that the spartina grasses aren't re um achieving at least 75% plant survival then we can we can add high tide Bush and convert some different salt marsh uh grasses there I'm sure that it will work but yeah there's a leap of faith because it's I don't know if any other project that has had salt marsh restoration like this between a wall and uh uh an existing bank but uh it's a good opportunity to uh to try to restore it so I'm going to go back to my question what percent of the um barrier is open right now it's uh I'm going to estimate it because I didn't calculate it but I would say that I mean there's going to be we Poes right at the intertitle zone that are going to you know on a linear basis probably will provide uh on the order of about 5% opening um that could be adjusted after we monitor but then the ends are 100% open so I mean water movement is key here and if you have enough water movement with with we holes you're not going to S you're not going to solve your problem about erosion behind the area so I understand what you're you like an upper salt marsh you know that the spartina Payton in the upper salt marsh in high tide Bush that that environment doesn't get a routine flushing every day that's that's more of a spring tide scenario so we don't we don't want we don't want a flow of water traveling through the restoration area you know two times a day it's more of the the the spring tides I still even with the spring tides it's not going to provide that much water movement and that's what's going to that's what the growth of those plants is going to be dependent on unless you think unless you think these high Marsh plants are going to serve to Anchor the edge of the where it's being eroded now now I believe that yes can you come up with any other areas that show restricted pockets of marsh I mean if there's not enough water movement it's going to be a misquito hole I mean that that's what that's what's happening with marshes today areas areas where you get sort of they're not entirely dead but they're kind of dead dead zones I did notice when I was there I've been there several times I noticed that the Evan flow of the child's river is lateral or parallel to the shore so when that water flows and Es it flows behind the wall it's almost like a like a channel so it it it moves ebing ebing to the Northeast and um I'm sorry flooding to the Northeast and ebbing to the Southwest behind the wall because both ends of the wall are open the we Poes just sort of allow more uhh tital in intrusion They Don't Really provide a lot of opportunity for flow that's that's my op but the wall the Wall's not there now I mean the Wall's flush cut I mean when I was there when I was there there was plenty of flow but there are plenty of fish there too once once you put something up I can't remember how high you're planning to have it we're also proposing to add sand as a medium for planting that's what was used in the dentist project so that type of medium is going to allow for sat saturation quicker so it's not something that's going to be a heavy organic that's going to prevent you know water to get into the the substrate so I would think that even without flow you're going to have saturated conditions to keep the root Zone wet well I I have no no further questions all right Courtney um I don't have any other questions I mean one of the assumptions that it appears this project is based on is that sea level it will remain constant but yeah we we that isn't going to happen so what's going to happen in 20 years when the the sea level rises up foot well what may happen is uh even less than that we might continue to have erosion that undermines that band that's there and we won't have probably any salt marsh at some point in the future I just don't know can't predict when that is but it could be sooner than later and then we wouldn't be having a com ation about salt marsh because there wouldn't be any salt marsh to protect well yeah and truthfully if a sea level rises a foot and when it does you know this is going to be the only property that has a problem right understood no other comments and no coal oh I think you're just hoarding all the coal I think you should give Brian Cole just for Just for Old Time sake I knew someone was gonna say that yeah Mike Mike earned some once before so well I'm sure he'd be glad to give it to Brian his presentations have gotten much better they you digress all right moving on okay with the project Betsy I heard everything you said I just if if there's any place that should be used as a well I hate to use the word but partial experiment this is a good place for it yeah um that's just my two cents Kevin couldn't possibly call uh follow up in that conversation thank you Ron same thing as Kevin I can't possibly add anything to this but except you know the whole question is are we gonna take leap of faith or not I'm I'm ready to take a leap and this sounds like they put a lot of work and effort into this and um it's a good place to do it yeah and at my age it's an easy bet I won't be around for the problem hey hey hey all right certainly this project it hasn't been a lack of effort so y Jen is there anything in the public chat function please nothing in the public chat Mr chairman all right Brian you've been quiet do you have anything you'd like to add no thank you Mr chairman I have nothing to add this is all scientific I'm gonna stay in my Lane smart man all right just uh to be clear this is simultaneous with with number nine so whatever we vote or not um is for both all right last call questions or comments what are you thinking folks make a motion to close number three and number nine and take them under advisement Charles second all right we have a motion in a second to close these hearings all right there's nothing else we're going to vote Betsy glad pelter ey Courtney r i Matthews I cevin O'Brien I Ron rll I Steve 10 I it is unanimous with this Quorum we have closed the hearings for number three and number nine thank you Brad thank you Mr B thank you Brian thank you very much Happy Holidays same to you thank you yep good night gentlemen happy holidays any Mike's the only one with red and green on good I did that on purpose I know I noticed it green for environmentally sensitive have a good night you good night good night Mike is sensitive all right don't doesn't my green sweater count no my green shirt yeah probably not we're not sensitive I guess Steve is also environmentally sensitive right Steve absolutely yeah all right how can you say no so's Jamie so's Jamie tonight that's what we're pointing out are We Done Yet next up David Ryan Cape C Oyster Company MD Harbor North Palou mass for permission to change the aquaculture method method used in sites number A1 15-06 and number a 17-02 from culturing oysters in bottom cages to the use of a floating culture system Jen Mr chairman this was continued for a d number which we still do not have we were contacted by D today to send them an electronic version of this application they just weren't able to review it so um I would I know I promised nothing to the eth but I mean this is going to be open closed so can we continue the email Jen I just looked oh we do have an A D number she told me it came through earlier it did come dble let me double check real quick because I was watching all the D numbers that were coming in today I could have missed this one and I did my apologies I had just looked on the lookup they're not putting them on the the lookup so this one does have a de p number my apologies thank you Alysa and I guess we can close this one all right I'm gonna ask just to for make a motion to close this hearing and take it under advisement attention when I'm talking Jen is there anything in the public chat function no Mr chairman thank you and the applicant is not on board tonight no because we uh reached out to him earlier today and told him he didn't have a d number so but we'll we'll get him yeah we'll reach out to him tomorrow and let him know he's good okay all right we have a motion to close the hearing we have a second second thank you all right we have a motion in a second um actually hold on hold on hold on I have that Ron and Steve are not on this forum correct then I'll make the second good sorry about that should have looked at that first all right at any rate we have a motion in a second and we do have a quorum so we can close it all right we're bet we're voting to close the hearing Betsy I felter ey Courtney bird ey Matthews I Kevin O'Brien I my car hawky all right it is unanimous with this Quorum we have closed this hearing sorry for the confusion thank you all right next UPS Cindy coats trustee 187 Penzance Road found with mass for permission to install restoration and mitigation plantings in accordance with mass D number 25- 4608 renovate an existing Boat House including roof alterations relocate mitigation plantings remove several dead and disease trees and maintain an existing path Jen yes Mr chairman the applicant is requesting a continuance until January 15 um birds so move and the reason we're working through the plan with the applicant and the applicant's representatives second Ron I'm taking your second more you're not on this Quorum um sorry Mor all right so the motion in the second is to continue this until January 15 questions or comments we're voting on the continuance Betsy unel ey Courtney bir ey Matthews I Kevin obrian I Ron RIS I Steve and I it is unanimous we have continued this until January 15th my you might want to consider um reading up on this under the Mullen rule just saying or any of them actually I get right on it oh man there's no respect at all you know I know you know if Courtney was chair he wouldn't tolerate this crap that's right all right next up John and Lisa Alquist 43 nevs way found with mask for permission to construct and license a new walkway and Pier construct a patio shed landing and stairs remove Hardscape and install plantings and before we go any further Forum excludes Rong on Jen yes Mr chairman I promoted Mark dib from caping Islands engineering to present his continued project Mark was Brad supposed to stay on with you tonight I did not specifically ask him to stay on oh okay because I just I'm like where did he go okay good evening again Mark dib um cap and Islands uh so we had had previously opened this project uh with your permission I'm going to share my screen yes sir um this is the project on Great Pond uh there's an existing house um this is project that the the uh pier and walkway portion of the pro portion of the project has been removed um when we last discussed I think the biggest thing was the ECR uh restoration plan had not been uh updated uh with the removal of the pier and some of the other conditions and things we worked through uh with staff uh just to to go through a couple items um one thing we've done is this is the the property line uh between the applicant and U Nev's way which is a private way we've removed any any work from that private way um the applicant did want to to to try to clean up some of this area as far as invasives go but it's off his property and does not have permission to do so so we have removed that scope from the project uh what that did is re reduce the the vegetation enhancement area that was in the ECR um plan down from about 3500 square feet to 1700 square feet and he did identify that he believed about 60% of this Pro of the invasive area was or of the area was invasive so we um we now have number uh that can be used to create a a plant quantity um again in this project most of the work is um there's a lot of actual reduction of pavement driveway um there was a net reduction uh which did not trigger mitigation as well not even included in that reduction is all of that if you visited the site this is an entire raised concrete area that will be uh concrete will be removed and replaced with perious pavers um so that'll allow some to to reduce runoff so I think the main thing we were trying to coordinate um the vegetation enhancement plan and um conditions within that we're definitely this this is a site that would really benefit from a preconstruction meeting uh related to invasive species removal herbicide application and then the after that is done then the resulting plantings um we would work closely with staff um if you have any questions I'd be happy to answer thanks Mark Jen yes Mr chairman um I think knowing what the now the square footage is of the revised restoration invasive species and knowing the percentage invaded because we didn't have a fairly detailed um restoration plan on an actual site plan we were just going on at a narrative we now have something to work with we wanted to have some numbers available for the order of conditions so we could set a benchmark of what we what the commission would expect to be replanted it was kind of vague um to us what was going to happen so I think this helps us um if Alyssa concurs then I think that's pretty much the only outstanding issues we had with this part of the project so that's all thank you Mark Al no comments thank you all right commissioner comments we're starting at top Etsy no comments thanks Mark Courtney no comments Kevin no comments Mr chairman thank you myy no comments thank you Steve no comments thanks all right Jen is there anything in the public chat function please nothing in the public chat Mr chairman make a motion to close the hearing and take it under advisement bird second all right we have a motion in a second to close the hearing last call questions or comments we're voting to close the hearing Betsy blad filter I Courtney bird ey no Cole Matthews ey Kevin o' Bri I my Carlo hawky Steve I it is unanimous we have close this hearing thanks Mark thank you good night all good night markid to we're going to have to figure out a special meeting to vote on all these closed is it not on the agenda tomorrow night next up Taylor May Carol trustee 115 River Road Palou mass for permission to license maintain and construct an extension on an existing license walkway and relocate one existing dolphin pile the quum is all of us that's me hold on yes Mr chairman I promoted check Rand de for cap Allen engineering to present his continued project Mr ran you're up sir good evening everyone Chuck Roland cap and Islands engineering um so uh I want to thank the staff for working with me and my client on this one I know that it's been continued several times uh and I know it's getting late so I'll make it quick I'm G to share my screen all right um Chuck Roland cap and Islands engineering I'm representing the owners of 115 child's River Road um as we discussed and I'm sure you know we are proposing a uh 25t extension um Pier extension on the existing Pier um uh I have shown the two areas uh the birthing spots uh as well as um the um proposed uh new dolphin pile which replaces the old one um here is a crosssection of the pier uh sorry profile of the here um and it is getting into deeper water to um cause less benic disturbance uh when you're pulling the boat in and out um which is a uh a benefit that we feel uh we did not have an objection from the Harbor Master um and the latest revisions um are for areas in the Upland section of the property we'll be removing the gravel uh in the planting bed and we'll be replacing it with mulch uh we also have um existing gravel and Stepping Stones uh on the north side of the property to be replaced with um Mulch and so that eliminates the requirement uh to mitigate uh for the stones um just to review this is the shellfish um report um and no live shellfish of any species was sampled all data uh presented in tables 1 to three and we don't have to go over that unless of course you have questions on it um and just a review this is a photo of the site um that this commission has approved some um work up here on the dock uh the deck area and this is the dock that will be extending out to uh 25 ft um with that I'm happy to take any questions and to my knowledge I have um addressed all the staff comments thanks Chu Jen uh yes Mr chairman um uh Chuck did you say something about a drywall for your clients um I saw that in the latest staff com the the um gravel on the north side of the foundation plantings on the sidey yard to the north Stepping Stones uh be replaced as mulch I don't maybe it was in a in the email um the client not client did not request um to me he didn't request request it um obviously it's in the buffer to the Wetland so we would have to get that approved if we put one in okay um so just to note that all that gravel and everything is going to be removed before we proceed with the dock correct understood ma'am okay that's all I want thank you I'm all set Mr chairman all right Alysa no comments thank you all right Jen are you implying that you um want us to require a dryw well work with the applicants I mean they had put the gravel because they said they were having the the house is built on a slab um so there's no there's no basement so they were they were having water issues which is why they put the gravel they didn't want to mitigate for the gravel around the house plus all the gravel they had put um to kind of create like a side area um they chose to mulch we'll see what happens and if they want to address drainage in the future we'll work with them in the future okay I can't force them so we'll see what happens no I just I want to make sure I was clear on it that's all yeah yeah I mean we we we told them that you know they were still probably going to have a water issue and that a drywall would probably be best yeah all right commissioner comments Courtney uh no comments other than the Harbor Master was happy with just going out further into the into that estor yeah he did not have an objection uh I thought that was about as good as I was going to get from him um and I did show on the plan that to the north there's the salt marsh that protrudes out um and on the one of the Southern Leah Butters there's a pier that it protrudes out um and we are about uh actually I've di mentioned it we're 23 feet inside of that um and the way I've designed the pier there's no way to um put a do a boat on the ocean side of the P it's we're within um buding structures okay thanks Chuck no other no other questions right Kevin uh no questions Mr chair thank you all right Mory um I was going to ask the same question I didn't see a letter from Greg but is he was okay with this usually that we ask you to submit a letter from the Harbor Master to be in the file just so we know I didn't see I think we have something from Greg Mor it's in an email yeah okay that's fine perfect um and the only other thing is um that the obviously you're trying to get out of the mud and that's why you're extending this so um looking at the the size of the boat that it only goes in Bow first because if you go in any other way you're going to be in the mud again so um that would be good to just have it bow first yeah we we we'd be happy with that to be uh in a condition usually we make it a t but so that that doesn't happen all right you good Mor yeah I just don't wanted to become a marina with more boats yeah I mean it's nice that the big boats going to be out there but now they going to be smaller boats in the shallower water so I mean we used to condition that every three years you did a benic study to see how much turbidity and prop wash is in on Shore but we don't do that anymore interesting thank you all [Music] right Ron you're on mute all right my sensitive smoke detectors have stopped um I have no comments on this Steve I have no comments either sir thank you all right thanks Jen is there anything in the public chat function please nothing in the public chat Mr chairman make a motion to close the hearing and take it under advisement heard second all right we have a motion in a second to close the hearing last call questions or comments we're voting to close the hearing Betsy but felter I Courtney bird I Matthews Z Kevin Ryan I my Carlo hawky Ron just ey Steve Pon I is unanimous we have closed this hearing thank you very much have a good night thank you happy holidays you as well all right next up hearings under an enforcement order Jane sorry if I say this wrong Sahan 21 David I think that's supposed to be Davis Neck Road fou M unpermitted vegetation removal installation of a patio and construction of a staircase within conservation jurisdiction Jen yes Mr chairman we do not see Mr sahagan here um we did send him a certified letter um Alyssa you did email him this afternoon correct he has decided not to be with us this evening um in cases like this we have continued the matter to a later date we will try to contact the person one more time and my advice would be if they do not show up or attend our continued hearing on this matter then we will present the violation and we will recommend the board vote of enforcement order so right now I recommend continuing this until January 15th bird so move Pat second all right we have a motion in a second to continue this enforcement hearing until January 15 questions or comments we're voting on this continuance Betsy glad felter ey Courtney bird I Matthew's Z Kevin O'Brian I myy car hawky Ron ey Steve I it is unanimous we have continue this until January 15 all right next up is to vote orders of conditions Margaret fenov 30 woodneck Road Falmouth Mass and the Quorum excludes Ron and Steve however if you guys don't mind I'd appreciate if you hung around for a couple minutes no problem if you can't um this was the um it come to us for a septic un trade under an RDA went out there noticed a lot of unpermitted um patios walkways uh reconstructed deck that appeared to be moving closer came back there was only one small area of the walkway that did appear closer that the present primary structure uh and they have mitigated for the patio and um their contention is the deck is not on the guest house or shed or whatever that is um is not moving closer it's hard to tell uh We've looked at it from a lot of different angles from the Aerials if it's moving closer it's the can of levered portion I think Mr chairman Yi and Mory discussed that out in the field um so we would like to know where the board stands and all of that so I think right now it's what do you want to do about the reconstructed deck and do you want the portion of the walkway that's actually moving closer to the resource areas do you want that to be removed other than that I think Tim's mitigated for everything else that is going on out there okay hold on Courtney Alissa uh just to note too that there is some fencing located in the velocity Zone that typically you would require to be removed that's the big one um um we can replace that with a chain link um with vegetation screening over it and I think they were agreeable to that um and we'll work with them on the the chain link fencing okay um I'm going to start with commenting um The Patio Landing the piece that's in that's that's a bit closer is a few square feet it's at the base of the stairway y my opinion is it should it we should allow it to stay it's at the base of the stairway I think it would be more invasive to have them re rework the stairway and you know that acting as a landing as a safety feature I think we could make a a an exception an exception to that thank you um again that's my opinion um the deck I think we all agree it's tough to tell one way or the other however um again my opinion I think the can of leave a part if anything at all grew it's the canal part and if they're willing to mitigate for it 3 to one for that square footage which um I think both myy and I estimated independently I got like 28 square feet and I think she said 30 or vice versa so we're around that um and they seemed agreeable to that uh mitigation um the fence I agree think it should be changed to chain link in that section um they have a lot of vegetation so there's a physical or a visual barrier there anyway um I think and you already did the gravel driveway they did the the mitigation for the gravel right I believe so I think yeah yeah there was some three to one two to one all right so that was my opinion cour you had your hand up um it was only about the U chain line fence that hadn't been involved but basically if you're asking me for my comment at this point I'll I would agree with your points I think U I think mitigating for that candal lever on the deck I think the small amount of area where that patio at the Landing intrudes is essentially di Minimus um and so I'm okay with it I the only reservation I have is that uh there was an earlier um case that we uh the commission considered um down in woods hle in which it was a similar incursion and it was by about a foot and I argued that that was to Minimus and we should allow it but the Commission in turn insisted that if steps be moved back in the in the Courtney you were the one who insisted that that be moved back you were the I want basically basically Betsy I wanted to see I felt we were fine leaving it where it was and no wer you weren't you were the one who insisted that it moved back and be incorporated into staircase I'm I'm not agreeing 100% who's are you agreeing with me a moment court all right well anyway I'm okay with that and then as far as the fence is concerned I like the idea of the chain link fence I would specify that there's a couple of feet underneath it to allow for Coury we've already discussed this it's a dog fence it's a what a dog fence dog fence no it's not a dog fence yes it it is a dog fence it is a no that fence ends down at the end of the property and it's open beyond that where the marsh is so I don't see how a dog is restrained there's a fence the whole way it was there for privacy they were when I was on the site and met with the contractor he was very specific that the purpose of that fence was that they didn't want people walking down woodneck road going up on the property there no dog fence so I'm fine with a chain L fence I'm only saying if you're going to put a fake chain L fence fence in there that it that there be a couple of feet underneath to allow for the rest don't agree with you Courtney the rest of us do not agree we've already had this discussion they have dogs they were there when we were there and just to say it you know at least the chain link allows small animals to get through and you know it doesn't it's not completely blocked off so they could go around anyway coyotes or whatever well okay I mean I'm not GNA follow my S about this Christmas time and I thought everybody had fallen asleep all right um Jen you're on mute we can't hear you I'm gonna find speak Jen oh I'm going to find that hearing on Woods Hole and I'm going to send it to all of us so that we all know that it was Courtney in Woods Hole that wanted that pulled back that's all I have to say Mr chairman Coury you get your own coal right back you're gonna get your coal tonight yeah keep that coal Courtney so so we need to so so are we done mitigation yes so the the patio and the landing if we allow the landing to stay I believe Tim said that they had already in 3 to one including that piece we allow the deck extension in a gray area um it's 84 square feet of mitigation yeah okay so I'll make a motion to issue an order of conditions as discussed second hell Hawks all right we have a motion to second to issue an order of conditions last call questions or comments except from Courtney all right we're voting to issue an order conditions Betsy blad filter ey Courtney third ey Matthews ey Kevin O'Brien I myy Carlo hawky it's unanimous with this Quorum we have issued an order of conditions thank you for that Lively discussion all right before you guys go off uh a couple of things so there's no meeting for the next two weeks so Merry Christmas everyone happy New Year to everyone reminder there's regulatory meeting tomorrow at 3:30 um entertainment at 4: and that's it are we going to have yeah to do order conditions yes we need to set a meeting to vote ORD of conditions and Courtney no it's not on tomorrow's agenda because I am not a mind reader or I do not have a crystal ball I had no idea what we were closing tonight okay so we couldn't advertise for it oh um so is everybody available on Friday the um is everybody available Friday on the 27th uh what time I'm open to whenever you guys are available I'm available in the morning about 8 o'cl I'm available at 8 o'cl Jamie yeah I'm just I'm hesitating because I have an appointment at 10: and sandwich so if it doesn't take long longer than an hour I guess we're okay okay we will set a meeting for 9 o' uh 8:00 on the 27 Friday the 27th to vote the order of conditions and Jamie this should only take 20 minutes yeah yeah no I'm just yep I'm good without everybody go without okay all right okay last motion who wants it motion to adjourn harlo Hawks ey bird ey Matthew's eye O'Brien ey Hawk ey Miss ey mat I it is unanimous we are ajour thank you everyone [Music]