yeah you ready to go yeah you guys ready we're ready all right this is the Westport Conservation Commission meeting June 25th we'll Begin by swen flag pledge allegiance to the flag the United States of America and the Republic for which it stands one nation under God indivisible with liberty and justice for all all right the discussion let's call land conservation trust transfer of land Mr chairman this is a signature that I will explain what we need for this um it does say Mr jonus so I I think it'd be all right if you I write checks out his account all the time anyway so this but this is this is the uh land transfer of land from the border selectman to the Conservation Commission this was per town meeting article 31's vote they accepted to transfer this landlock piece of land to conservation it exists in the woods off of Adamsville Road on the Northerly side it happens to fall within the land trust Westport land conservation trust's area of current ownership by the conservation's allowance uh Trails um are being created on this property to enhance the existing Trail network of West Port Woods um the land trust has also acquired land further to the north of this one um with the Sylvia property they've acquired a conservation restriction on about another 175 Acres so this will also allow them access through this land to those Lands Beyond for probably a quite an extensive network of trails that would be very beneficial for the community and use that that area does currently receive so what I'm asking you to do tonight is to uh make a motion to accept the transfer of land from the border of selectman to the Conservation Commission per the town meeting vote and execute the signing of the deed any questions or discussion if not a motion motion to approve uh the article through town meeting of the transfer of the land to Conservation Commission second all right those in favor I opposed all right that's unanimous thank you and let me see today's what 25th right yes it is yes 625 okay thank you so much okay thank you soil permit uh this is River Falls Landing 251 State Road renewal soil permit 458 correct Mr chairman this is the renewal time of year for our stockpile permits this is riverfalls Landscaping located at 251 State Road this would be the request to renew soil permit number 458 um the site is located again on State Road the site visit was on June 18th 2024 the report is also June 18th 2024 the applicant has a stockpile permit for the site located at 251 State Road the site is in good working order River Falls Landscaping sells materials for the landscape industry um so recommendations the Westport conservation Soil Conservation board should approve the soil permit number 458 for one year any discussion and if not looking for a motion motion approve so permit second right Jak Phil those in favor I all right post all right and sign yeah all right another soil permit David cabal 1666 drift Road renewal soil permit 453 Mr chairman again this is the stockpile transfer site permit for dve David gabal located at 1666 drift Road uh renewal of soil permit number 453 the report date is um June 18th also the site visit was on June 18th 2024 the applicant has a stock bi permit for the site located at 1666 drift Road the site is located to the rear of the property all areas are stabilize the site is in good working order again Mr cabal is in the excavation business he stockpiles materials for that purpose recommendations Westport conservation Soil Conservation board should approve the soil permit number 453 for one year any questions or comments if not motion motion to approve second Jak B those in favor I opposed excuse me you want to do the continuances first Chris yeah you can do that all right they're not in here but I'm going to grab Rachel going to do the presentation for the person you can do the continu all right can for a motion to continue Deborah knp no not Deborah nap Robert haes Robert Hayes and cummings Lane is that in here no I didn't bring him with us just just call him from right from the agenda my agenda's out of order here a little bit all right looking for a uh motion to continue Robert Haynes to what date Chris July 9th 2024 motion to continue Robert Hayes in July 9th second all right that's Jake and Phil those in favor opposed all right that's unanimous another continuance uh Cummings Lane Corp notice of intent for a continuance again is it July 9th correct Mr chairman for a motion to continue motion to continue comings Lane in July 9th those in favor oh need a second second no those in favor opposed all right and I'll go up to Rachel ala and that one was here all right Rachel ala 46 President Street RDA anyone here for Rachel Al they couldn't make it Mr chairman Zenith Consultants office and staff had a CO outbreak and a couple other members of the staff are at other meetings so they asked if I could do it this is Rachel Aliva 46 president a this is located within the bread and cheese Brook area Route Six would be currently down in this particular area the Wetland is delineated with Wetland Flags 1 through five to the rear of the property this site had a system put in about 10 years ago and it's failed um they think that the system was maybe slightly undersized so they have come in with a new conventional leeching facility um within the same location of the old leeching area so the work is within approximately 95 to 96 ft of the uh buffer zone area the limit of the buffer zone is right here so just about H maybe 3/4 is half and half I'd say on the system location the riverfront area the system is exempt under the regulations cuz it's a pre-existing home so they're proposing a three-bedroom system within the buffer zone to a pre-existing structure at 46 presentent um again they apologize for not being able to make it here um quickly this is bread and cheese Brook the BBW associated with it as is delineated the delimination is accurate this is a buffer zone activity again exempt under the wet protection protection act for a sew disposal repair under the river Rivers protection act all work will be protected from the resource area with erosion controls Stak around the work area erosion controls will be the limit of all the work Westport conservation recommendation should approve the sewers Disposal system repair with a negative box 3 determination for Rachel ARL Vera is it head Board of Health approval I'm not sure at this time I would say contingent on but I remember that okay all right any discussion yeah you say the system has failed how do you know when the system has failed um they've had outbreak or uh I'm not sure on what parameters this one has failed that but they've had I believe sewage um Coming upgrade uh to the surface either it's built a little too low into the water table or they may have over taxed the system with they can't determine if it's much laundry too much grease or something in the system but something has caused it to fail and now they are proposing to change that with a raised up slightly larger system right anything else if not looking for a motion move to approve a negative box three for uh Rachel Ola at 46 president President Street Al subject to Board of Health subject to Board of Health second okay Phil and Jake those in favor opposed all right that's unanimous thank you okay all right we've got um two for Donald the Santi we'll do 101 Plymouth Boulevard first conom last night so they were just approv I mean these were yes yeah yeah these receiv for the heal's nod of approval okay L here for Donald disanti at 101 from bouevard we have s p located here from with Boulevard is up here at the right hand side of the plan we have the existing one-bedroom structure here there's an out building here and currently The Surge comes out of the house about this location goes into CES number one and flows down to CES number two we're very limited in space here so what the intent is is to put a 500g pump chain the merat pump located here and pump back up the hill all the way up to a 1500g tank here and then fall into the Su system here the system has to be sized for a two bedroom house that's Title Five um septic tank of the U pump chain is 13 ft from the pond uh it's a lot better than the CES is Bo Health regulations 50 ft Bo granted a variance last night to allow it to go in this location there's no place else to put it goes into this R Ser into here and up the El all way up to the subject tank into the leeching field which is little over 100 ft this this is the 100t the here open this area here this is a garage there's no no bathrooms in this at all that's the idea most of the work is is on the collection Point here to the pump chamber and these names going up there it's not that much of disturbance in the area of any questions Mr chairman and members Donald desanti 101 Plymouth Boulevard this a request a determination of applicability filed by Westport environmental design with Len Potter here tonight report date is June 20th 2024 um we just learned that it's Board of Health approved site visit was on June 20th 24 as well description of the work the owner has filed to repair the septic system to a Title 5 design the work is within 100 feet to South witha Pond the sesss will be filled and replaced with a 500gal septic pump station the sewage will be pumped up to the area outside of the buffer zone erosion controls are shown but should be extended across the entire lot to protect the pond I briefly mentioned this to Lenny just in the coordination of the location I think it would make sense to have that stretch across the lot um recommendations the Westport Conservation Commission should approve the sewers Disposal system repair with a negative box three determination and a condition erosion controls extend across the entire Waterfront all right any uh discussion or questions not for motion motion approve in negative box three determination I second it all right Miss J convert those in favor I opposed all right that's unanimous all right same Co Donal deante 105 Plymouth Boulevard 101 that's the father of the dollar we're talking about now oh same name but okay different people again L poter here for Environ design representing Don and deorah desanti in this case here we have three bedroom house located here the sof bar is here from the bards up here there's also a two bedroom Cottage at the top of the hill here so what we intend to do with this one right currently the was located on the north side of the house so what we're going to do is he's going to redo the plumbing in the house bring it out the South Side pump chamber is going to go here tank pump chamber and they going to pump the F all the way up to a d box here and U is a well located in this location 100t buffone from the pond is located right here the um second septic tank is going to go here it's a dual compartment we have to pump it over here that's going to go in this location collect the Surge from the house here replace the CES and let it flow into the dbox this way so we have two 2,000g pump chamber SL setic tanks on the property work located septic tank and the plum to it and the plum that's pretty much it all right Mr chairman members Donald desanti on 105 Plymouth Boulevard this a request for determination of applicability filed by Westbard environmental design again Len Potter here tonight report date is June 20th 2024 this is a Board of Health approved project site visit was also on June 20th 2024 description of the work the owner has filed to repair the septic system to a Title 5 design the work is within 100 ft to the South with tppa Pond the cess will remove from the buffet own and filled I didn't include that a septic tank would be put in that location on roughly the opposite side of the house within the buffer zone as well and then the sewage Force man will be installed to the leeching area outside the buffer zone erosion controls are shown and shall remain until the area is stabilized basically this is very similar to the other project except they need a tank with a pump in this case and has more room than the opposing lot secondly the resource area in buffer zone zone is basically right in the middle of the lot so everything outside that is beyond the limits of our jurisdiction um um so we basically only looking at those first tanks and that sess uh removals so recommendations Westport Conservation Commission should approve with a negative box 3 determination for the sewage disposal repair at 105 clinth Boulevard all right any questions or discussion if not looking for a motion I move we approve this with a negative about three discrimination second all right that's bur and Phil those in favor I opposed all right that's unanimous beautiful thank you all right thank you have a nice night thanks Len still all right what we on to now Here Deborah nap okay yeah okay Deb naap 89 Hill Crest Lane notice of intent this is going to be a continuance correct correct oh I'm sorry yes it is a yes it is oh from last time yes Contin oh it's the continu it's from gotcha okay we're doing it yeah hey Sean how you doing evening uh I have a green card here that came in since the last night car green cards okay all I think received for for last night good evening Char Le Northeast Engineers representing de 9 Hill Crest Acres this is a house uh that she's putting an addition onto and the garage one garage uh this is located almost at the bottom of the hill it's one Laine away from West River this is common uh West Land conation Trust land in here uh these delineate the 100t 200t River Front Zone the house is in between the two the Shaded portion here is what you see is the addition that's being put on uh she's reconfiguring the deck she's taking this deck off and she's putting a deck over here the flood zone velocity Zone comes through here across in front of the house the checked slightly in the velocity zone or right on the velocity zone so we're putting that on files the rest is the solid foundation which is at the same elevation which is 16 fo through which is above the a Zone and this and meets the requirements for the construction uh to mitigate the addition uh where there is no mitigation now we're adding two roof drains to take all the roof drains in the front of the house the rest of it including the gravel driveway that we're putting in it's going to go into a rain Garden located just here this is all vegetated and heavily brushed uh the septic system is in the backyard we have an improved Title 5 inspection on that particular septic system she's not increasing the bedrooms keeping the same number of bedrooms basically just adding on what is basically a living room in a Breezeway and a garage uh this meets the requirements that a plot was created prior to the act so we're underneath 5,000 square ft and 10% as required and again just the mitigation is for a rain garden with grass is to take all the St water flow and infiltration of the roof drains for this particular house this job has a number 27 31 I think I just WR 4171 it's on here SE we got it okay 2741 not 2730 can I just ask a question through the chair can you just identify the elevation 16 the property is currently are pretty close to that elevation at EX in front of the house front of the house is right this is not yeah this is not like a house on stilt requirement because the elevation is very right it's right it's just above the flood zone in the front of the house and there a couple feet of foundation showing the back side of the house there go online representing the floods online coming through I just wanted to clarify that cuzz when you hear vzone you think but this site actually has pretty decent elevation so if they applied for a a ala Sean correct you may be able to get this lot oh oh she will at the end of the day she she'll she'll most likely try to pull it if you get that alom as you Chang the flood how do you call it it's a letter of map Amendment letter of map Amendment that's what it stands for right because this is so high this is up the hill quite a ways and the flood zone sh is kind of not indictive as to what the actual actual sight elevation is right so this is Deborah nap Mr chairman M 89 Hill Crest Lane this notice of intent application filed by Sean leech with North East engineer and Consultants report date is May 9th 20124 the file number for this project is SE 02741 with no adverse comments the site visit date was also May 9th 2024 description of the work the has filed a proposing filed proposing in addition to an existing home at 89 Hillcrest Acres the small structure is currently located within the flood zone ve elevation 16 and an AE elevation 14 and is 125 ft roughly from the Westport River proposed addition will be just outside the ve flood zone and designed to meet the FEMA standards all new runoff is to be diverted into an infiltration trench and a rain Garden shown on the north side of the lot so they'll be infiltrating some and then they'll be allowing the uh sheet flow to go to the north side of the lot uh from the new gravel driveway and and this area currently doesn't have a driveway she currently par in the lawn so this is somewhat of an extension of the property this Gravel drive will extend off the frontage which is the Hill Crest Lane area off of this private way the elevation of the addition will have the finished Flor elevation above the flood zone elevation requirements the work also falls within the outer portion of the riverfront area the 100 to 200t area the activity falls under the 5,000 ft all on a Riverfront project with the total amount of disturbance is 3,400 ft proposed the property as Sean mentioned has an approved Title 5 for the existing sewage Disposal system so under the regulations you can do 10% of the riverfront area on a pre-existing structure um prior to the regulations or 5,000 square ft whatever is greater in this case the 5,000 is adequate and they are able to stay within that number and well below it so res areas to be impacted as a flood zone and Riverfront recommendations the Westport Conservation Commission should approve the design project for an addition and driveway in the riverfront and flood zone with standard conditions for file number se80 2741 all right any questions or comments for anyone looks good all right if not looking for a motion so go ahead I move we approve the design project driveway with standard conditions second all right that's Jake and Phil I mean Burt and Phil those in favor opposed all right that's unanimous have a good night thank you Sean thanks all righty let me see let me see we going we have Thomas gamage let me see all right Thomas gash 238 and 242 East Beach Road notice of intent come on up okay come on up yeah up to you just grab a um just grab a um one of the microphones again Mr gamar is a uh East Beach lot owner or the very Westerly side of East Beach not the easterly end uh this is located towards the Gooseberry side of East Beach U Mr gamar has owned these for a number of years he's never had a uh active nourishment or Beach maintenance permit he is here this evening for that purpose he currently owns two lots on this location 238 and 242 East Beach Road um file number has not yet been issued um Tom you got to work on that one they're still holding that back for you I'm not sure what she's upset with but you did receive your natural heritage and endangered species comments which are which are very positive so um the application is here before us the owner has cooperated and filed a notice of intent for activity conducted on the trailer lot the owner placed sand materials compatible with the site and graded area to allow trailer use the request is to allow Beach nourishment to be allowed on two Lots number 238 has had a permit for a number years and is pre-existing the owner is proposing to create a second trailer location on a separate adjacent lot number 242 the site is limited to land area um pretty much other than the town right away it is pending a trailer permit approval from The Bard of selectman pending our decision both Lots were heavily damaged during the winter storms uh and subsequent storm Ms the beach nourishment shall be conditioned to meet the requirements with compatible compatible sand to the existing conditions sample provided prior to the use uh natural heritage endangered species conditions apply and no increase in area and all work must be above the 10t uh mean high water Mark um natural heritage comments was standard for this uh procedure or for this approval rather this is a Plover area uh they have conditions for April 1st August 31st and specific for what type of activi is allowed before or after or Nest may appear and fledge so Mr gamos is aware of those conditions he's received those comments uh resource areas involved here is land sub the coastal storm Flowage this is a barrier Beach uh recommendations the Westport Conservation Commission should approve the post trailer lot Beach nourishment with compatible materials uh sample provided to you before use natural heritage conditions will apply that would be pending file number for 238 and 242 e spech Road all right any discussion questions if not a motion motion to approve second right J Phil those in favor opposed all right that's unanimous all right you related to jamus gamos I've been asked that before it was something that com last a cousin yeah yeah cousin yeah yeah he's a good guy all right I'll be mailing that out to you well we first you got to get on the state with the comment the comment I I'm not sure she's been looking for like a narrative more to what you're doing on the site so uh Amy Walky is the the girl's name so correspond with me and I'll try to all right but you you're ready to go so all we need is that number and I can okay all right I should let the board know I think Mr compon is doing a great job he very helpful with this process for me and uh it's confusing process and you walk me through it so thank you you're welcome we're we're lucky to have him thank you again Tom we'll see you again thank you all right we to John allons yes now we move into the certificate of complian is Mr chair all right C appli for John Lions Third Street John Lions is an elevated home that was constructed at um I believe it's 423 Street um this is a certificate of compliance request for file number SE 82563 uh the date of this report is Jun June 20th 2024 and the engineer of record is Northeast Consulting Engineers the owner has filed for a certificate compliance with an accompanying letter from the design engineer the letter states that the ated structure is above the required elevation and the project is designed according to the plan of record the split rail fence has been installed as the limit of work and is a condition shall remain onto the certificate of compliance um again this was a project was tight it's a pre-existing uh small family lot uh that was able to get a septic system designed and meet the requirements of the regulations again being a velocity Zone the structure required it to be elevated so with The Limited area the commission felt and they didn't want to see further encroachment uh so that was where the split rail fence came into play so I recommend to the board this evening the Westport Conservation Commission should approve the certificate of compliance for file number SE 82563 for John Lions as all work has been completed according to the plan of record and I would also state that the split rail fence uh shall remain as a condition onto the certificate of compliance all right there's a note here waiting for a letter from engineer we got it yeah we already got it that's that's Leon's comment yeah that just happened okay so I'll remove that thank you okay all right any uh any discussion if not a motion I'll move to approve the certificate of compliance with the condition of maintaining the split rail fence I second it all right it's Phil and Bert those in favor opposed all right let see Ward Mooney 1702 e drift Road certificate of compliance correct Ward Mooney this is a dock constructed at 1702 e drift Road final number se80 2698 on um Alan heru represented the applicant and has provided a letter uh for the record stating that the work has been completed correctly in accordance with the design plan the dock has been constructed meeting all the conditions under the file number sc80 2698 um so recommendations for the board this evening for a certificate compliance the Westport Conservation Commission should approve a full certificate compliance for for for a doc for Ward Mooney file number se80 2698 at 1702 e drift Road all right any discussion uh no I'll move to approve the certificate of compliance for uh the doc for Mr Mooney second all right who second Jake Jake yeah those in favor opposed okay that's unanimous um Chris just so you know for the next one and Mooney it says do not mail the STI compliance yeah that's Allan specific guidelines yeah okay yeah just so you know thank you very much Allan's in Michigan right now so he didn't getting it till he comes home but yes he's very very particular we have to follow his guidelines so he porch pirat steal we're not getting there he's he always has his little notes with us or he'll email me 16 times so um thank you Mr chairman all right okay another one Douglas Glassman 1702d drift roads to compliance that's correct Mr chairman again this is another dock constructed at the neighboring property uh immediately to the north this is Douglas Glassman 1702d drift Road this is a certificate of compliance request for file number se80 2616 um the applicant has filed for certificate compliance for a with a letter from the design engineer Alan Ru stating all work is completed correctly the doc has been constructed meeting all the conditions under the file number and the Order of conditions for file se80 2616 so I recommendations the westw Conservation Commission should approve a full certificate of compliance doc uh constructed for Doug glasman 1702d drift road with file number SE 80266 all right any questions or discussion if not a motion and move we approve of full certificate compliance for Doc se8 2616 second BFI those in favor I opposed all right concludes those items Mr chairman yeah excellent we do have one bill Mr chairman yeah we have a bill for this is the just it is mileage again but it's the closing of the month and the fiscal year so this is just subsequent the month of June all right this is Chris's mileage it's uh $134 for uh for June are you not allowed to drive for the next 5 days yeah I will be off enjoying my last couple vacation days see I already okay and then you come back it's July yeah perfect we start a new fiscal year what improve Chris mileage second all right those in favor all right opposed all right you have to sign up um just me right just you can all you can all sign it doesn't matter yeah all signat going to be on it too many rather than too few well the last thing I have Mr chairman was I did put in your packets the mass dcr's um answer to our enforcement action uh just to bring back the DCR initiated some activity from a prior vote of the board to expand the access easement for safety purposes um the amount of Dune alteration that occurred there um seemed to be more than what the commission had in their prior decision anticipated uh secondly it it was again at a time of year where the beach is very active we thought that it was not necessarily the best time to be conducting this type of construction seeing that the plovers are located just very closely on the opposing side of the dunes here so we sent the enforcement order uh despite our previously approval we felt that this was beyond the limits of their operation and maintenance plan so I since have sent the state uh through Thomas Walton their representative at this time an email from the last meeting um they have responded with comments for the axis Road as well as replacing the perimeter fencing on Bridge Street which extends all the way to the boat ramp uh overflow parking area um this fence is immediately uncovered and and basically barely visible um so a lot of people not just myself members and as well as neighbors have voiced some concerns for why this is even maybe needed um as we learned the state came with some extra funds that was promoting this type of activity for the DCR and the reservation uh they have to utilize the funding before the end of June so we everybody again is assuming that this work was going to take place within that window well my email was responded to when I just questioned some of your concerns at the last meeting um generally to what time of year the work was going to be done that bridge streets access and use uh is a concern because it's a Town Road what impacts are going to be caused by this what impacts are going to be caused by a lane being blocked um as well as the amount of disturbance that's going to be required is beyond an operation and maintenance plan and we felt that that also should be inclusive of a notice of intent or within the notice of intent we're asking them to file for the access road so I got a response from Tommy today he apologized for a little late response but he has agreed that they are not proposing first of all to conduct this work within the summer months um they are proposing to file with us a notice intent within the next four to 6 weeks uh this notice tent would be inclusive of the access emergency access as well as um I as I asked the perimeter fencing So within that request for the perimeter fencing I also asked if it could be 4T High rather than 6 ft high and and some of these uh concerns may can come out when they do apply but since then I got a lot of letters or emails from The Neighbors in Bridge Street um they are very concerned and I hope uh this meeting does put them to rest that the work's not going to be taking place at this time but their Express was also on the fact that the town implemented through their uh guidance and pushing the Selectmen to make a decision to make that road a little less accessible for side parking like has been done in years past uh when the Surf's Up this road gets inundated by traffic um by people we'll call it jpking without passes and utilize the road there and they don't get ticketed and they or if they do get ticketed it's cheaper than the price to get into the beach so that is what had cause these neighbors to come forward so after they saw this concerns they will also bringing back um the thought that that burm and that edge of that road is going to be dismantled and it's going to become uh a freeway again for you know unlawful parking so we are hoping um with their consideration that they will look into this a little more detailed he commented that he will send my concerns not only for the fencing but also for the width of this access path they're trying to get it 20 ft I recommended to him that he seriously look at a lesser of a width because I didn't think the commission from our previous discussions thought 20 ft was warranted in that area um and I asked him that he try to get it to the maximum feasible width he can deal with and not be egregious with this amount of 20 foot width so that's where they left it I don't think I need a vote of the board tonight I was just trying to keep you appr prized of where they stood with what we issued them so they seem to be cooperating as far as restoration of that area that was not discussed as far as how they're going to access this fening and what type of limitations they can do in order not to destroy all that existing vegetation is something that I think will have to come further out of this but this is a maritime Forest area that is now as everyone that has commented in the neighborhood said that they used to go through this area are to access the beach but since the area has become so overgrown with Poison Ivy the population of Lyme disease and ticks in the area they very much deter themselves from utilizing this and they used to be at one time a path that allowed Beach use to their beach by way of cutting through the fence and after this path has become overgrown and things have changed um it's clearly not likely that that is possible now secondly the fence is entirely ly inundated by growth well it be poison ivy invasives or even native vegetation uh in some cases you can't even see the fence so some again concerns were that this isn't in my opinion a Penitentiary or an area that needs to be fenced as we discussed there really it's more seems that it's going to deter Wildlife which is also some of the neighbors concerns the deer included they're going to be confused they may be running into the fence they not be able to jump over the fence so that is where I ask for maybe a shorter height if that's all possible and also we usually require fencing to have a little spacing to allow the smaller animals rabbits raccoons skunks to be able to get underneath so I think that's all something that they'd be willing to do but again it hasn't come before us so this is just informative to you um I will leave it to the board uh if there are some members that have some questions or some further comments and um that that's all I have Mr chairman so I had to reading a letter um I had some just comments about the path you know the pathway part and so there were um two things that jumped out at me which was um one was that both the fire uh department and the um and DCR um talked about a minimum of 20 ft wide which was really different than usually we look at a maximum like if we're going to approve a plan we don't usually approve a minimum because then it opens up to well what's what are we really approving um and so I don't know if you know I'm not saying we have to go necessarily go back in in in in time but just by way of you know normally we have a plan it's all staked out we know what the maximum limits are and I'm not sure that happened here um and the other part was um they're describing their you know the purpose being to um expose see if I get the language here uh in order to remove the sand that had covered the existing pavement and what struck me about it is that in terms of the width is that when they went out and removed as much as they removed there was existing pavement there and again I was trying to figure out is was it you know you know was it known to them that that yeah so it um it's the old Madam roadway it's the old mam roadway and I thought you know but uh because it wouldn't have seemed to if that was their intention then that would have been the defining limit which we will just remove enough sand to expose whatever the existing pavement was which also from a resource area protection thing seemed kind of reasonable well it was already paved over the sand came over it so now we're just going to push it back but clearly they went way beyond that well that roadway was actually under that 20ft removal so the roadway they didn't even know but over time that Dune has right colonized this area to a depth of 15 foot of sand to a 1500 ft distance so the road wasn't in all the areas but it apparent the road had been so in order for least path of protection they would move it this way so the fortunately the direction they wanted to move it is where the roadway old roadway was but they had no idea it was physically there half of it half yeah there was a SE it was only a small well it was only a portion of that case right okay well that's that's just clarification for for me which was that their that their intent from the beginning wasn't to remove sand to get to a previous you know this previously that that was just a discovery they made correct it still was Way Beyond the 20 foot yes they still went beyond yes yeah yeah so okay anyway just just to say that we need to focus on what the maximums are not what the minimums are correct and I to just reiterate the the fight apartment was approached by DCR this came about when the ambulance got stuck in the sand after a gentleman had a heart attack his boat crashed on the beach this wasn't a drowning swimmer like I thought it was actually a guy had a heart attack they went to respond the ambulance got stuck so the fire department then was approached by DCR so this wasn't the fire department themselves saying hey you got to make a better Emery so there's a little gray area here so you are correct it should not be a minimum of 20 he should be saying a maximum of 20t in all case and purposes cuz that's the width of a roadway today you have usually 18t of travel way with a foot of burm on either opping side so again I think they can do away with at least 5 foot of their considerations and they could get away with a 14 to 15t wide area yeah uh without even leaving some Repose for the sand to fall with in that area so secondly shame on them for not maintaining the area so that shows that there's been a lot of lack of maintenance on the property to the point where things have become inundated to that extent yeah it furthermore requires in my opinion a notice of intent cuz again when now we're looking at an actual established Doom that has been been dismantled so I think they realize that now and they want to be very they did not try to do this underhandedly they did come before the commission I just believe it it was and they did say they wanted to do 20 ft but I don't think everyone myself included realized what that actually physic I thought they were going to work 20 ft within the area that was open I didn't think they were going to physically have to make another 10t wide area so exactly um again they're going to have to meet our concerns so I just want the board to know that they have responded they have necessarily met all our concerns and I think if safety is involved which I had a call from de's Wetland section chief Masson Raa she tried to have me issue an emergency and I felt that the way the commission had a discussion just prior to this issuing the enforcement order that I didn't want to bring that request for an emergency back to the board when we didn't feel it met even that so this is where a notic I think is very important being consistent with what other people have to do in the community I think this definitely warrants a filing um so yes I'll leave it at that I think if they stake it and they ought to have somebody on the site who's managing the Construction Group correct yeah Jake had mentioned that and I think some of his concerns originally because that's the case they sent the guy down there with an excavator and four Rock trucks or two Rock trucks and said hey widen in the road there was no there was no there was nothing there was no guidelines all right so that's what I think is you know just truthful disappointed you know that the agency who's responsible for this would just have that yes that that that that's just seemed to me like you know basic you know good good good practice yes I agree with you 100% so I don't think the other members don't agree with that at all no I yeah you know it's just for the chis Chris I appreciate you highlighting those points um I think the concern for the commission is that we've been put in a difficult spot a couple times especially with what this fence could become um if they clearcut an 8ft 10t area and create basically like you said a Penitentiary type fence um and I just want to point out they're talking about this 20ft access road but let's go measure the width of Bridge Road you have two vehicles coming up or down Bridge Road and you're still not going to pass a fire truck or an ambulance through there and if this fence becomes a situation where they take down the BM that has been created by the town of Westport to make it an easily passable road then you'll have cars parked on the left hand side and still not be able to get an ambulance through there um the fence was there from decades ago when access was restricted at the end of Bridge Road you couldn't get to the beach at that point obviously once they open that up um they've created numerous problems but but they've opened it up and I don't think that fence is NE is necessary along Bridge Road at all for as a lot of neighbors have said expressed as well so I I think that is another concern I mean even yesterday when they shut down swimming on their Beach they had to post somebody at the end of Bridge Road which they've never done before in the past so they did at least post someone to try to keep people out of the water there um but I think the concern is the track record of giving them kind of car launch to do that um and kind of the disturbance I think you know we've seen it we we've seen a complete mismanagement last week on the holiday juneth holiday right they did not have enough parking they had State Police turning people around Northbound to go up 88 when a project that probably should have been done in April or may not in June so you know I think that that's the concern is that they're going to create more issues with this than they are from just replacing a fence I mean you mentioned that there is a lack of Maintenance throughout the beach well can't this budget or money from the budget be used for other operations down there they don't have equipment to clear that road they don't have equipment to do anything on the beach they don't have equipment to maintain anything um you know can't that be used for other stuff now obviously it's probably not Capital it's more you know expenses on uh maintenance but still um you know that road that access road does not need to be 20 ft I've had numerous discussions with people including State reps that say they're appalled by what what's going on down there so if we do improve some an expansion of that it should be expanded a restoration and bringing the Dune back to some sort of natural condition correct and the brid The Bridge Road and and all that fence should be dealt with you know obviously in a separate issue but I just don't trust letting contractors go kind of car launch well I just through the chair again they were offsetting this for that bird area there doing in the back of that old parking lot as well which is nowhere near the beach and they're using that sand to spread in Ana that I thought once you remove that parant would be sand already so they again I think correctly you're stating that they could use a loader on this site they have a little tiny small tractor that we much joked with Jeff about that barely could pick up a yard of material and he's asked to remove 25 yards of sand every year that accumulates on these accessways and and the ramps and such so you are right so um shame on the state for that and we all can say that as well and and again I say if I was to stay I would have been putting the sand on the beach because of the condition it is correct now correct there is no sand on the beach what what was counterintuitive on that is they were told that they had to drive all the way around and waste all that time to drive and bring that sandoo parking lot CU they were going to disturb piping plovers corre they didn't care that they're disturbing a piping Clover on private property that was less than 100 feet away from the work they were conducting so that that's the sort of issues that you know again I think it was bad again as We Know money came available and they ran like little kids in the candy store to get something done uh in a manner that met their previously their it's within their management goals but again they didn't think they would be financially able to do this within this fiscal year or the next so I think both our State Rep and our state senator should be embarrassed as what they allow the condition they've allowed that peach to get to well e again Horseneck is one of the biggest earning beaches in this Commonwealth and as we now realize they're doing honor systems for amazing changed now now they're not they don't have a kiosk anymore it's a pay by app so it's paid by app and a lot of people are not there's no ticket on your window so I don't know how they can accuse someone of not paying so now they may have be losing income not alone losing Beach no enforcement it's absolutely so that that's one thing that's also been known that people and that that word gets around people driver I'm not criticizing the state cuz you know management you know employees all those take It's probably hard hard to find people take that job right years ago they would have they would have people checking coolers and everything and now without any oversight youve SE glass bottles and litter on the beach there was a big incident there was a fight also there that erupted there been two incidents in the past month Fourth of July is coming which is one of their days and we hopefully don't want to see something like that again but hopefully they're they're very transparent CU they they have an issue with public trust at this point I think that's a good way of saying that's left egg on everyone's face I mean people thought that we had rubber stamped that project and then when we try to explain it it sounds like we're passing the buck it it did it did and you're correct I think we didn't realize again so on their part they did come forward um and ask permission but again I to the magnitude of what they thought they would necessarily be able to do I think is well beyond an entity of a state entity that is governing these rules and regulations similar to ourselves so yeah what's hysterical is the signs they put up to keep a dog off the beach yet they running mining equipment during piping CL season and and just kind one one last thing Chris if you're you know in contact with either you know the police department or whoever it I don't think that we should be modifying a burm or um if we have an illegal parking situation let's deal with the illegal parking situation on on a bridge street right we can't remove a burm because we have people parking legally if they're illegally parking then let's deal with that no and it it has been dealt with it's gotten 10 times better this goes back to 2020 when all the neighbors got together worked through the select board and Chris Gonzo of the high department they created a burm all the way on the left side of bridge Road parking is almost non-existent meaning illegal parking at this point there's usually as Chris pointed out you know J parking just dropping people off and then leaving all the Surfers are amazingly very good with that they usually park in the boat ramp go down in the surf and it's not an issue the fear is that you then take that burm away and now you created a a new situation that had solved itself over the past four or five years so I think again that's something we' got make sure and and the one thing I didn't mention is any use of that Road or access to that road should be done approvals through the board of select the commission can't govern them that is again any use of our road if they propose to cause harm to the road through equipment and such it should be notified of the selectman um and get granting them rights to access that if if that be the case I do like your idea of a smaller fence because there are situations where there's only 4 feet exposed um why wouldn't you just do the same thing instead of actually digging down and removing Earth um as well as Lobby Pines and everything else right um you know I'm back to the situation where there was a homeowner down there that cut some pine trees on state property and they got a visit from DCR and basically were told what they were doing was was wrong they're going to do the exact same thing in the entire length of Bridge Road for quite a distance yes yes and the Pines do not regenerate I kind of mentioned that too that those on a species that can Sprout again so and we've also had it projects that we've addressed with enforcement orders through the dunes through the secondary and tertiary Dunes with cutting of absolutely so thank you but that Mr chairman I really appreciate the discussion I think we've heard and I will make sure Mr vaulton I think he's gotten our concerns already but I will reiterate uh the further discussion we had tonight but that is all I have Mr chairman all right anything else move to second all right those in favor opposed all right that's it even have to ask thank you B for