##VIDEO ID:Pa5Zn8Q54wc## States of America to the republ for stands one nation under God indivisible liy and justice for all so look like we have uh no hearings or no septic hearings uh we have one do caring uh Paul Schmidt notice of intent 220c Fisherville Lane Li Pi gang way flat in [Applause] Riverfront perfect good evening for the record my name is Alan Haru I'm a professional civil engineer for this hearing I'm representing Paul ahmid I forth and Celeste Schmid Pro Trustees of the 220c Fisherville Lane nominee trust who own a house at 220c Fisherville Lane on the shore of the Westport River East Branch there's an existing fixed Pier platform on the property an interm approval was issued to Harold Hollands the predecessor and title on April 15 2003 for this pier and a gangway and float and for the record I'll just give you a copy uh even though I did submit it with the notice of intent we propose to license the existing pier and construct a 20ft gang way and 8T X6 float with float stops this gang way and Float will replace the previously approved gangway and Float the record waterways license Plan Three Sheets is dated August 12th 2024 so I put a copy of the sheet one of three sheets of a waterways license plan waterways license plans are very small um and they end up going record at the registry of beads so what I've shown is U here's the existing house on the shore here's the existing platform Pier we're proposing a 20ft gangway and a 8 by 16t float with four pilings to support the float and to provide float stops to keep the float off the bottom at little tide this is the top of the Coastal Bank this is mean high water and this is mean low water so again the plan is August 12th 2024 we received a letter from Amanda Davis environmental analyst Mass division of marine fisheries dated September 11th 2024 and we respectfully request that the commission approved the waterways license plan with a condition that we add a dimension on the profile sheet two of three to indicate the recommended elevation of the float stops 30 in minimum above the sub straight and shellfish habitat at mean low water the D has issued a file number s8- 2766 and I'd be happy to answer any questions you have thank you all right thank you Chris can read his report Mr chairman members applicant is Paul and Schmid this is the 220c Fisherville Lane nominee Trust location is 220c Fisherville Lane this is a notice intent apption filed by heru engineering with Alan heru representing the report date is September 11th 2024 um the file number for this project is SE 02766 we also have received gmf comments as Allan mentioned from Amanda Davis um detailed description of work the owner has filed to add two 12in piles to the existing license stock on the east branch of the river the additional piles are to allow the float stops to be installed and suspend the float above the river bottom uh the dock was previously licensed as Al mention from the previous owner with an interim approval this will take up a new license for of the Schmid um there are no Eel Grass within the footprint of the work area so this basically is relicensing a dock and adding two piles to allow that float stops to be installed uh 30 in from the bottom of the river recommendation tonight Westport conservation should approve the file installation and license in it appear standard conditions and the requirement that the float stops be set at 30 in but that is stand conditions for our all right any questions anyone audience or commission so there was already piles at the end and there just two more so you can actually put a docked yeah the way they have it now they just have two on the floor and they need two more to just completely suspend it okay and what discussion looking for a motion motion approve second Jake and Tom those in favor I opposed all right unanimous thank you very much thank you see you in a couple weeks easy all right see you have a good evening yep you too uh continue for Dakota Alonso um 429 Old County Road oh yeahor make sure they give there's two for this one let me see here yeah so got a um Okay okay right okay my name's uh Gregory Drake from outpack engineering representing tooto Al frza um the the applicant has filed a half the fact RDA for maintenance activities um for restoring lawn area and um um repairing a garage that was on the site the applicant bought the the U recently brought them site recently and it had been branded for a while so a lot of invasives and other thing got into the backyard so they went and started clearing and started repairing the garage and didn't realize that they were in the um 100ft buffer of stream that's in the back here here's the house garage this is the area that was clear they didn't realize they in the Stream that there so realiz that they need to get commission from you um so that's basically if I have any questions happy to right Mr chairman members Dakota Alonso 429 County Road this request for determination of applicability filed on behalf of them from Outback engineer with Gregory Drake here tonight report date is on August 27 2024 site visit was also on August 27th 20124 description a is filed for the work conducted to reclaim the yard at the property the site has been abandoned for a number of years and became overgrown with pre-existing um with the pre-existing yard area find and such were coming in the after remove the Bri and the overgrown vegetation within the 50t of the BBW area just within this wooded area to the end of the property as Greg mentioned uh the area of wetland vegetation is in the rear yard has been to turn not to be resource area I did observe Wetland vegetation right in the middle of the yard to the rear um and I ask Greg to do some soil samples within that area um based on that which I assum was the case um this is not a wetland so he did meet my requirements by trying to um provide that information correctly um so the Wetland does exist around that intermittent stream further in the woods um again the soils are shown as Upland in this rear yard area um and it's basically because of lack of Maintenance lack of use that you know incidental start taking over so I I agree with what he's representing so I recommend for the board westw Conservation Commission should approve the clearing and removal of the overgrown vegetation and any future work on the garage with a negative box 3 determination and a positive box 2A determination for the Wetland line will be all J all right any discussion or questions yeah what what was the Wetland vegetation that and you remember sensitive Fern sensitive Fern yeah yeah they can spread a lot of places yes so that's basically colonized a little area right in the middle of the OD area so you could tell it was incidental but I wanted that just in case anybody went there to have that document okay nothing else looking for a motion I move we approve the clearing and vegetation of of overr vitation with a negative box three and a positive box two way for the Wetland line Second B and Tom all those in favor I opposed all right it's unanimously all right and now we'll do your second one again the Cod Alonso lot two next to 429 Old County Road notice of antenna right I'm great Drake from Outback engineering uh representing the applicant and we submitted this application in uh July of this year um and with with a different plan the original plan and the agent went out and reviewed it had some uh some concerns about the plan and the Wetland line so we met out there on August 14th to review the Wetland line the other concerns that he had and based on um that meeting we uh changed Wetlands Flags 5 six 7 9 and 10 and that would be these were in this area we're all refund and changed um in doing that it did reduce the amount of buildable area so we had to change the whole reduce the size of the house uh get rid of the garage completely and change the septic system as well in order to get um a house on the property do that you is looking for so um let's see the other thing we added some retaining walls we originally we had work within the 25 uh no activity zone so all that work has been taken out of there as retaining walls which Define that keep any any work or anything from going going in there and location private well wasn't on the last plan we put that on there and we've also added a cultech system to infiltrate the roof as um run off these were all things that the uh agent asked for and we added to the plan so open up to any questions Mr chairman if I may Dakota Alonso this is lot two again next to 420 9 Oak County Road uh this is a notice intent application from M Pac engineering file I mean report dat is September 12th 2024 there is a file number for the project it's se80 2761 with no adverse comments this is still pending Board of Health approval site visit was on August 27 2024 as well as uh the 14th when we did a site walk to review the Wetland delineation description in the work the appan is filed to construct a single family home septic driveway and well in the buffer zone on a pre-existing parcel uh the lot has been existing for many years and remain undeveloped adjacent to 429 Old County Road the Wetland L has been adjusted and shown with all changes requested uh Wetland Flags WCC 60 to WCC 10c the Wetland contains an intermittent stream that flows to the east the single family house is proposed 40 ft from the Wetland edge with the project maintaining a recommended 25 setback from the BBW Edge proposed site is small and requires significant fill to create a level area two retaining walls are shown designed to allow to fill and maintain setback to the Wetland the upper wall will be 4T in height and lower wall will be 7 ft in height uh the wall over 6t requires a structural engineering design for the building department uh there is no detail provided for the walls and if they are concrete or block uh this information is lacking and should be provided with a structural engineering design top of the upper wall is elevation 50 uh it's the same elvation as the finished grade and I thought it was kind of a safety concern if anybody's backing out of that driveway I think there should be some sort of lip or raised Edge or at least some sort of fencing to protect anybody from backing off the sepic design is outside of the 50 Foot setback required for title five and again it's pending board Health approval the driveway is proposed as Pavement in water uh running off that driveway will be directed out to Old County Road some storm water measures are needed to divert the runoff and provide some pre-treatment measure or maybe off to the edge or or some measure just to not allow to discharge directly out to the street uh the well will be installed to the rear of the site uh it's close proximity to the wood line may require tree tree removal for the well drilling rig uh when they stand up that rig sometimes there's trees that may impede them from getting that close to this location so I think measures should be taken to eliminate any tree cutting in that 25 foot no activity area they have 6 ft to move with this well so I think that is wigg room enough uh they are 106 from that septic so they might have enough room to to make that minor adjustment measures should be taken to eliminate any tree cutting as I mentioned provide a sump to contain the well foils during the installation U being that close to the Wetland Edge I think it would be uh important to protect that from that um drilling rck a permanent measure to prevent encroachment into the 25t no activity area should be extended off the retaining wall to the rear of the site and around to the well um we like to maintain and protect that 25t no activity so we'd like to see a continuation of either a row of Boulders or a split rail fence just to close that area off um understandably the retaining wall does Define it for most of that way um recommendations for the board um I think the continuance is in order um for those additional questions that I wrote to the commission U more specifically the retaining wall I think that is a um something of important to know what is going to be used there in order to reassure everyone um the reason I'm somewhat bringing this up we had someone in the community build one of these block walls three tiers and it collapsed um and now the gentleman's got a house up gradient from it and he's kind of having difficulty getting someone in there to fix this so I think if we make this known right away what measures would be used for that wall it would be better for us all um and all those other comments I don't think they're spoiling the project as far as the um storm water on the road I think you can easily have a little drainage sale or kind of pitch the water to just before it gets to Old County Road uh and try to have some measure Not to cause it to end up on the road and iceing um but the applicant is correct he is putting roof ront off into a dryw system which will alleviate a portion of that water but you still get just the sheet flow hitting that paav driveway surface um and and the septic system itself that could contribute to that that's all I have Mr chair any questions or discussion my name is you you just uh you mind just come up to I absolutely do that my name is Su Pier Madden I live at 4590 County Road um so I'm downhill I'm not immediately abing the property I'm the next house over he's immediately abing the property um four generations of my family have lived in my house I'm 56 years old I have been on that property that we're talking about many many times in the course of My Life um it's very wet I have a lot of concerns about that not just for the environment but for the runoff um that may affect his property and my property um I also feel that so much money has been spent and so many things have been done to protect the river um with the building of the school and this has always been such a big issue um I think this just contributes to the possible issue in the runoff to the river a tremendous amount of water flows down that Hill when it rains a tremendous amount um I can look out my window and see three inches of water running down Old County Road so adding to that in any way I think would be a bad idea plus it's going to flow onto that property and just make whatever is wet you know all that much more wet I'm not an engineer I just have some common sense and some life experience and I think in this case that's really all it would take um so it's just my two cents about my property okay thank you sounds good thank you good evening uh my name is Fernando gouard and as Sue mentioned I'm in the property right next to the property that is in question um in the last 10 years I've had to twice um deal with flooding in my cell uh and that's without this additional water uh the land that is between my house my property and their property uh as Sue mentioned and as I'm sure you all aware is very wet uh I my my main concern and I walk the property yesterday their property um I tried to get permission but there was no one there so I just it took took a quick walk there's going to to be a really sloping area that comes right into the property that's our where already very wet yep and uh label as Wetlands I'm very concerned especially with the driveway being on that side even though I heard it tonight that most of the water will probably end up on Old County Road that some of that water will end up in the land in the property right next to mine the the wetlands and I have no proof that's I'm dependent on your expertise but the the addition of that much water into that property uh I'm concerned that I'm going to be redoing my seller uh at some point because of the additional water okay that's good thank you Chris the intimate stream that we're doing with on the first parcel with the garage how close is it to this proposed right over the wall the intimate stream runs parallel to the back wall of both properties and then drops down into that Wetland area um it it continues on its way towards the head of West Court and the weapons Associated behind the houses of the lower properties and drains into the Westport River at one point is there a way that on the driveway would be a we could make it a like we do in other locations a crushed stone driveway to decrease the runoff as opposed to a pay driveway um you know as with any erress onto the road usually having stone is can be somewhat of a problem but I I think that's a measure that they could consider uh to maybe eliminate I mean I'm just looking at this lot I mean I we see a lot of bad lots and this is probably the worst one I've ever seen um where's the space for storm water treatment that that you would recommend where would you put it right off to the edge of the road as you e towards old County somewhere in that area right out here yeah some sort of mean you could pitch the driveway um to you know lay it into that area and just let it settle through a Swale or something collectively along the edge of Drive based on this plan the retaining wall on the I guess was that easterly side is the house basically touching the retaining wall I mean what's the distance between the the house and the retaining wall can you jump from your bedroom down the wall yeah there probably it's tied into there it's probably I'd say 5 to 8et yeah there five at least 5T right I don't think there'll be any kids in this house that'll be launching themselves off the wall well again I I'm through the chairman I'm asking for a continuance because I think there is a few things of detail we need to render that decision accurately and my concern is the wall more than anything what was the type that collapsed you you mentioned one collapsed yeah it was it was a block stack block um once the water gets underneath it it just well this was not necessarily built in the correct manner the gentleman tried to to and there wasn't a good footing so I'm not trying to compare that but I'm I just think we need more detail this is a 7ot wall so a structural engine is required so they should have a stamp on the plan referring to that and just a crosssection showing if it's going to good block or if it's going to be concrete um but if with that comes a good footing no matter what wall you put in um concrete you going have a deeper footing than a stacked block wall and if he's doing a stacked block wall again that's so be it he can choose what he' like um I'm not going to design that for him it's a tight lot as you mentioned it's a grandfather lot um is it Granda I mean on the gis map it's basically just one lot they merged it by way of the gis just picks up the outside perimeters of the property so this is physically a separate lot and has always been a separate lot and it has adequate Frontage on a accepted way so this is under the border of heal statute they would allow a system 50 ft Title 5 with a dite component as this is shown so I I not speaking for the Board of Health but I believe that this will meet their requirements so without those details this plan although is a very difficult and very tight lot it does meet the requirements and there's no ISS is with the denitrification system close to the other house nope the other house actually has a passing septic system that is in the front yard of that residence um so they're not side by side septic systems they're a little further further the front of the home where that fore driveway is you can just see it somewhere in that vicinity so there's really no yard in this thing right this has no yard either front or back it there's only 5 separation between the top of the wall and the building I would assume you know maintenance is is going to be concern weedwacker I I don't this is a full Foundation from based on the pictures yeah um so they're going to have a foundation in the basement and that wall is just holding back the graving because they obviously there's a little depression in this property in order to bring it up to what the neighboring property is you got to braze that up um so that they're not again pitching all the water from 429 right into this place to a point it's still going to happen but not as an excess if they didn't raise it so so I recommend the continuance I think the African understands that um there are concerns that is a large Wetland system I'm not denouncing the neighbor's concerns but the day that that Wetland overflows is is it's a very W in comparison to what you see on the mass G this does show a lot more wetlands and that Wetland is extensive it goes off the site into the wooded areas um surrounding properties has anyone else thought about someone know perch at buzzit Bay or something like that for I did forward information of Buzzard's Bay as they had asked is they are in the butter to the rear South uh West Side um I again don't know if they've contacted the owner or not that is an option they can obviously with the applicant has the right to make value and this would make it have more value than being a vacant piece of land I don't know if Mr fonso is is aware I was contacted by them but um that that's his options to make it valuable just doesn't mean it's ethical and moral to do it well again there are but this does this does meet those requirements again the maintaining a 25t set bag um so it it is working to meet that requirement so um so I guess we could either make a uh either vote on it or someone could make a motion unless there's any more discussion or questions uh are they willing to continue yeah yeah yeah just continue you want yeah just for the structural for that the wall show me an extension of the permanent barrier to the rear of the property try to do some remediation on storm water uh for that driveway yeah and um no cutting of the trees in the 25t if you wiggle that well a little forward more um that that's my concerns so I couldn't support any with that tree quartering at all in in the 25 foot buffer and I think the pave driveway is probably a non-starter as well well that's something we could condition in the end so I would ask them to make those considerations and and make a motion with their acceptance to continue to the um October 8th October 8th meeting yeah if you address I mean you know what the neighbors concerns are address those you're less likely to have an appeal am of water sitting that is just we can manage it so it doesn't you know infiltrate it as he's saying with additional items cor okay good all right and now for a motion to continue to October 8th motion to continue till October 8th second it uh Tom and bur all right those a [Music] oppos all right that's why continue it okay okay continue perfect thank you thank you so that we don't sign that one no not sign all right you mentioned October 8th is is is we have a meeting on the 8th or would be the first wouldn't it no um when we set it up it does you skip in the week I have to work the U planning board so we skip okay so we ski oh okay okay so we we ended up on the eth and then fantastic and do so we get a little break so then do we go back to it we go back to every other so do we have a meeting back to back weeks to get back no no no no we just skip oh okay okay um all right we have some bills uh let me see what do we have here a lot of interested in what samp land in Florida okay you're welcome have a nice night adjust the thing for you there's no room for it it's it's a horrible well again it's tough but it fits if you can't get if you can get 50 ft away you know you some want to you know vote it in and then then we flooding a neighbor then a civil lawsuit between neighbors and there big mess like like you know worst lot we've seen yeah um all right so what's this is this um Chris's mileage maybe cell phone uh cell phone okay Chris Capone total of $180 three months three months yep motion to approve second okay all those in favor opposed all right East Bay media $61.50 looking for a motion to pay no I C me last time what's that that was me last time you don't have today no okay why you can't sign him you can't sign red why why not because you go to the registry and the documents are supposed to be all the black g red is red School teaches red red is school teachers there's a red pen in the bin it's okay I I I I I nicely traced over your red to make it a a bluish red so now they record because sign I approve of the change significant signature you have is yeah you had to trace that a few days just get a St I have to get the G can we maintain some water yes sir yeah okay thing East Bay media total of $61.50 looking for a motion to pay motion to pay second Tom and Jake thank you uh is this you see that so they two of them but they're data the same okay another Eastbay media total of 6150 looking for a motion to Petty motion to Petty second that's Jake and Tom includ in the record that there is red on yes yes and it is some form of a name all right uh let me see the minutes from September 3rd who was here um we had Jake um no can't do you can't do it can't do it no okay so we'll Skip thate and looking at minutes from June 11th and let me see it was me Jake Tom can't do that one either okay wa till next time for that one um you have an enforcement AIO you want to talk about Chris yeah this is Farley Lane East Beach Road area this is De bores and this is M 76 over there Farley Lane this is a request to the board to issue an enforcement order for a second this is dated September 16 20124 the owner has decided to construct a path of PE Stone walking path across the salt marsh on property that is owned by others um and an enforcement order is recommended I cannot find the ownership of this this is an unknown property owner uh and owners of record are not found so it appears everyone in that neighborhood is kind of squatting on this but if you look at the map Geo you'll see what I'm referring to um so this is definitely a violation we all know you can't fill the M never alone you can't fill it with PE Stone and he's making access to a salt marsh ditch which again isn't necessarily even on his property so um Mr rodri who is the son Lio is very familiar we've had numerous conversations so I'm I'm kind of appalled that they did this but um again so be it so I recommend the Westport conservation commiss she issue an enforcement order uh to Deanna bores and Lio Rodricks map 76a Lot 21 Farley Lane and require them to remove the PE Stone by hand uh no heavy equipment is permitted on the salt Mar um that is all Mr chairman how do they get it down there was it like wheelar got a skid steer there but I can't see tracks on the marsh from the skid steer so so I'm guessing he may have done it again I if you look at the pitches it looks like was there like a little foot path to start over the years or they just like dump gravel and say this is it it's gr Well he kind of he he has ability cuz he has a permit now for the trailer lot so this is actually F of SE 02446 so he he just took this pstone that he's been using and now brought it uh right across the marsh but there was no this looked like all the rest of the grass before he started or was there a foot path and sort of war no there might have been a warm spot there or something but there's no foot path and and per se unless he's been weed whacking it which you're not supposed to do either so um again regardless of what it is you're not allowed to you're supposed to have a boardwalk a raised elevated platform um but so when you say by hand what do you mean he needs to go there with a rake and a sh and remove it by hand this path it looks pretty long I'd say it's 200 couple hundred feet yeah at least all at 200 ft maybe a little less than that that's impressive can we make it a small shovel we can make a well you guys can make it any way you want I just didn't want to go back out there and put the hole of the machine down and start pushing the gravel and then destroying the m so well every time you turn a skid ster around you're going to exactly so I think there's no indication this this looks like it might have gone down by hand it does look like he may have done it in that man but still again regardless I thank him for not doing it with the machine but um not supposed to do that so with the um you talked to him about this before is that what you said you spoke about this before not necessarily that I mean he's talked about some other things and you know again he owns two lots so this is mom's he owns a Jason across Farley Lane with a bigger lot did you get a sense what the objective was it was just water access I don't know if he drags a kayak to that ditch or what he does but it's still again that ditch is only six hours of the day has enough water to do anything in it um we have a landing just up the road that you can easily launch your kayaks from there's no need to be doing that type of activity so again I recommend the enforcement are be issued Mr chair yeah okay um yeah I agree some panes and kids shovels yeah well oh all kidding aside you think with the with the board of Selectmen support us on you know not issuing him his permit for next year well we can if he doesn't absolutely I would recommend that yeah yeah we can't I mean that's pretty egregious egregious yeah um okay uh there's no more discussion then looking for a motion to issue an enforcement order motion a second all right Jake and Tom those in favor opposed all right that's unanimous thank you that is all I have for you this evening anyone have anything no all right look for a motion to adjourn motion adjourn second those in favor I I opposed take care all right 40s we are e e