today we have the May 28th meeting the Conservation Commission will stand flag please United States of America and to the Republic for which it stands one nation under God indivisible liberty and justice for all all right thank you thank you Mr chairman hly 173 Atlantic AB trust 173 Atlantic AB Christine rot 177 at septics is that all onep two septics know how to I can describe the same well it looks like one here but now that I see that we don't know how to use the ENT button we did it uh 173 how you doing okay Mr chairman I gave you a nice little to give you the perspective of a drone were you flying the Drone I just purchased one for you guys just so I can did you e drop on everybody I over the house all my house don't here for 173 Atlantic Avenue trust Atlantic Avenue on West Harbor we have an existing home shown on the plan we have an existing cpool located on the L Avenue side of the hole right here and we going to Des out front and going design I designed a system for a three bedroom home which is what it is now resour area we have the top of the coastal Beach and we have 100t buffone like so in yellow I'm going to put a septic tank on the east side of the house and pipe it into the uh proposed leaching field and the water table's relatively high it's quite 55 in but it's going to be so I have some go just slightly into the bu about 10 it's all I got to work with this is a public water system that's pretty much it next SL Mr chairman members I did put an aial around these houses are side by side so 173 I think you can see the addresses on the uh aial Holly Cummings 173 Atlantic Avenue this a request for determination of applicability filed by Westport environmental design May 21st 2024 is the report date site visit was also on May 21st 2024 detailed description of the work the acent is filed to repair and replace existing Cesspool with a new title 5 design site is located on the coastal Beach off of Atlantic Avenue po work for the leeching field will be within the land subject to Coastal storm Flowage V velocity Zone elevation 20 20 and 100 ft away from the top of the Coastal Bank the repair is an improvement to the current system Roan controls will be installed around the work location and shall remain until the area is stabilized as Lenny mentioned this is a pre-existing use so they're entitled to repair the system as best is situated on the property I think he has shown that this is a um good location for that proposal so recommendations Westport Conservation Commission should approve the septic repair for 173 Holly Cummings 173 Atlantic Avenue with a negative box two determination it's all Mr chairman no any comments on no any comments questions from table no motion motion approved second motion second all in favor oppos okay that's your next we have Christine root 17 7 Atlantic Avenue chattering in the audience Mr chair I think we have to set the G down Environ forris same situation 173 is located over here this is 177 and house is located as such the wall one comes into the street one well and out we have the uh ocean and 100 foot set back from the ocean toal Bank the the full system is going to go here outside the buff Zone tempic tank is going to go here tank and pump chamber combined this leion F again this one's raised some but everything in this one is outside of the bu except for the flood zone flood zone is the V elevation 20 that's the resour pretty much straight forward that's it for me thank you Mr chairman and members this is Christine rot 177 Atlantic Avenue this is a request for determination of applicability filed by Westport environmental design uh report date is May 21st 2024 the site visit was also on May 21st 2024 description of the work the applist filed to repair and replace the existing cespu with a new Title 5 design the site is located on the coastal Beach off of Atlantic Avenue proposed work for the leeching field be within the land subject to Coastal storm Flowage this again is a v elevation 20 area and it'll be approximately 140 ft away from the top of that Coastal Bank so as Lenny mentioned it's further uh from that Coastal resource area the repair is an improvement to the current system erosion controls will be installed around the work location and shall remain until the air area stabilized as I previously mentioned under the regulations these sites are allowed to repair uh as maximum extent feasible which I believe he's shown tonight recommendations westw Conservation Commission should approve the proposed septic repair for 177 Atlantic Avenue Christine route with a negative box two determination any questions comments motion I move we approve the proposed septic repair with a negative box to determination thank you B do we have a second second all in favor oppos thank you okay thank you thanks uh hearings we have Edward ke notice of attend 167 169 hibd Road se8 2749 construct garage and driveway in the buff how you doing yourself good thanks I did get these but thank you again that's f i put them in there good more yeah yeah those are just the real ones those are the ones are photocopied okay good evening Jamie consultant Engineers for the record um this project has two elements to it one jurisdictional one is not um the notice of intent filings for the Gage which you see to the northern part of the plan um it is outside of the 25t buffer requires no clearing um for this and there's already an existing gravel driveway that runs uh pretty much up to the site so it's going to require minimal uh disturbance uh the second part of the project outside of the jurisdiction which is the major of the plan is in addition of an inlaw uh inlaw apartment to the existing dwelling with a new septic system um be happy to answer any questions if you have any thank you Chris thank you Jamie for the record I didn't mention anything on the jurisdiction outside of rather outside of our jurisdiction I didn't mention those issues but thank you for bringing that to the light uh and what Jamie's representing is a septic repair and there is in-law uh setup or something going with the other section of the property this is Ed Kean 167 hickford Road this Noti 10 application filed by Jamie biset from Zenith Consulting the report date is May 21st 20124 there is a file number with no adverse comments it's SE 82749 site visit was also on May 21 2024 description of the work the applicant owner has filed a notice intent to construct the 30x30 unattached garage in the buffer zone to a bordering vegetated Wetland the Wetland was walked and determined to be accurately shown the garage structure will be 37.5 ft from the edge of the Wetland maintaining a 25 ft set setback the area is an existing mode lawn for this proposed location a small gravel driveway be connected to the existing uh garage rather to the new garage um Buffer's own project as I mentioned so they're maintaining that 25 ft like the commission likes to uh have within their policies recommendations Westport Conservation Commission should approv with standard conditions for the unattached 30x30 garage SE 82749 is the file number and also for the record we mentioned that the project also entails a septic repair and other construction activities outside of the commission's jurisdiction do you have any questions here is this near the horse farm like is there a horse stable right around yeah the horse farm is up closest to the road yes correct down just below this one this is the old um police chief's property so this driveway is just above that one all right do you have any questions from the table Morris wend Morris property that's what it used to be any questions down there gentl any questions from the audience no questions accept a motion so I'll move to approve the plan for um the construction of an unattached uh 30x30 Garage in the buffer zone thank there second second thanks all favor oppos let you thank you thank you J yeah uh Thomas Gage noce of attend 238 to 242 East Beach Road form Beach nment anybody here Mr gam we had do this case going on tonight I can't hold people's hands Mr chairman okay we'll skip comings Lane Corp notice in 10 Cummings Lane rebuild existing stone wall in the river flood zone anybody have Cummings lane cummings Lane Mr chairman I suggest a continuance of the second meeting in June uh they are conferring with the association U redesigning I have not heard anything from them in a couple weeks so was that 625 um I believe that may be the case Leon do you know when it is in June yeah is a June 11th 7625 625 okay so we need continue cumings Lane thank you for your quick 11 it's it's a quick process this Blackberry Cummings Lane cor cumings Lane we existing continue that to 625 of 2024 have a motion thank you Tom you have a second all those in favor oppos okay that's unanimously continue that one yeah next we have Paul and Melanie Baker noce of intend three Rond Par Drive se8 2729 construct garage upgrade Septic System modified driveway grading landscaping and de on dwelling and flood zone and buffer zone good evening again Jamie Zen Consulting Engineers for um it was two meetings ago that I last appeared in front of you for this uh proposal at that time the commission had asked us to take a look into a couple of items uh one was to um look to see if we could do some something for the roof of uh storm water mitigation so as you'll see on this Rev plan we've added in uh infiltration units I believe they CeX and uh they are designed to be able to handle and Infiltrate The 100e Storm um another question was regarding the um Second Story use over the proposed garage whether it would be a bedroom or living space and I sent Chris over some updated uh architectural plans that the um the Builder has provided to me um and that shows that it's just going to be storage above the garage area there's going to be uh there'll be a empty room we have no connections to any sewer of water going to that building as well so that's it for my presentation can you put a call T system for the run off okay Chris Mr chairman Paul and Melanie Baker three Richmond Pond Lane this is a continued hearing for a notice of intent by Zenith engineering with Jamie Bonet here tonight this date of the report is May 24th 2024 the file number is SE 82729 site visit was also on May 24th uh 2024 description of the work the owner has filed to construct an unattached garage and sew Disposal system in the flood zone and buffer zone to Richmond Pond the site Falls within a velocity Zone elevation 19 flood zone and a proposed garage must be designed in accordance with building code for flood prone areas the structure will be constructed into the existing Hill require removing some material the garage uh as Jamie has revised these plans will have Breakaway walls designed for the lower level below elevation 19 as shown on these revised plans the sewers Disposal system is to be placed just within the edge of the two V uh flood zones the vzone and the a Zone on the rear of the property the system is as far away from from all resource area as is allowable roof front off will be infiltrated for the new garage as was a request from the previous discussions and the garage plans represented uh as an attic space above with no bathroom proposed as Mr biset also mentioned in his U presentation um those plans are obviously not for a particular our concerns but there was some questions uh from the neighboring property owners so recommendations the Westport Conservation Commission should approve conditions the new plan dated April 30th 2024 provided the garage must be built in accordance with FEMA regulations for flood prone areas all walls below flood evation must be Breakaway designed roof runoff directed into a stone dry Wells as they have shown on the plan and slope stabil SL slope stabilization must be implemented with vegetation planed to maintain the area from eroding and that's the area surrounding the cut that they're making for the garage I would like to also mention before a final motion may be taken that there wasn't a final a butter letter submitted to the commission um Mr chairman I don't know if you want to read it into record but it brings up some points that I had mentioned previously but I would ask that you do enter that for the record I read the highlighted sections which are his questions um he had a question new own is required to file the form of mass DP protection for the planes to expand the footprint of the current struction of the garage which is the notice of inent which they did they did file uh has Westport building official made a determination for the improvements made to the current structure and the proposal a garage and he continues to talk about um taking the existing garage and turning into living space which my understanding if it's in the flood zone you cannot convert that to living space but that is something that the building inspector has to uh make on that's that's not within our purview um so I think you may be correct on that and then he was asked a question about permitting and uh roof runoff which we addressed with the ctech system that uh Zen designed for the uh roof of the uh garage and also little sale system in the back for the hill um and that was that was that was the basic those are the main questions in here so I think the only one that really goes unanswered is uh the residential code requiring uh allowing building in the flood flood planes or conversion in the flood plane which again is not um within our jurisdiction that is with the the uh building inspector and I would suggest that um this gentleman contact deal with the building inspector on that because he may have a point M Mr OD may may I add to that to the chair please yes the letter also discusses the value of the structure the the building inspector here is allowing the applicant to bring in an appraise value uh not necessarily the assess value and that's a big difference um and that's at his discretion so that letter does say that the 50% value that all that 49% valuation has to come through the building and the zoning officer as well so I just wanted to add that house that is the current residence yes yes doesn't not nothing for a garage gar is separate but that's for the existing house those were all issues for the building inspector uh zoning or chief zoning officer and uh you hopefully he has a chance to follow up with Mr odonald a chance to follow with Ralph on that but that is not within our prview have questions in the audience sure any questions in the audience um I don't really have a question can you just come you might just come up here and state your name sure um at the podum please my name is Laura del I live on Holland Road 255 Holland I am in a butter I'm one of the newer people in the area um my I I really appreciate how far this has come and everything that you've done uh based on request from this commission my only concern at this point is there still seem to be a lot of questions and um I wish there could be more answers and some accountability for I've read that letter from Mr O'Donnell and uh I feel that in all fairness even to the Bakers some of these questions should be clear should be cleared up so that you know they can move into the harbor and enjoy the same life that the rest of us do based on you know they would like to how they would like to live their lives but the the assault on the the pond has just been horrific and that's really I think the issue before us as well as the construction is what's been happening down here in conjunction with the flooding from Mother Nature it's just made things so much worse but it appears as though there has been no regard for the pond the habitat the vegetation the neighbors and what's been going on in the area so I don't know if that's something that comes from the building department enforcement or the Builder himself who I have heard is a wonderful Builder but what we've seen they're driving right through the pond it's unbelievable and I think that is part of the reason why we're here today and u i I just wish more of these questions could be answered we fully understand that many of them belong over at the building department in zoning we do understand that but I wouldn't want to see any approvals or denials for the vapers because it's just there's too many ambiguities that's it I appreciate that but you know everything that falls within the W LS protection act he's addressed one being the runoff which now the runoff from that Hill goes directly toward the pond now the run off from the roof is going to be captured into an underground infiltration system which actually I mean not that I mean when you see a flood out you have 2T of water I do appreciate that yeah but I mean but everything that's conservation wise has been addressed the no connection to the septic system there you know to add another bathroom uh you know we he addressed that by that is that's no longer happening but any everything we have enforcement power over we been addressing we we've done four projects ourselves more complicated than this but who's accountable for what's going on with the pond I realize that's a private road but the pond is not private and who who's watching over that what's happening down there mean with it overflowing not with the flooding but I mean there are giant you know truck tracks going right into the vegetation I I can't believe there aren't trucks that have falling right into the PT and it's you know we're there I'm there all winter too and and none of the protection was up until April this has been going on since since September and uh there's work going on there at night which brings a lot of things into question there's things being dumped at night in the dark which just like I said leaves a lot of questions and if I were the Bakers I I want that cleared up as well but a lot of that things have to be we go look at the the tracks you mentioned in the pond but the as far as the building at night and the you know I don't have any problem with the building honestly no no the building the work going on at night or the conversion of the existing Garage in the flood plane into living space that's all that's all things that are not in our jurisdiction okay but we can go look at the track we can take a ride out there this week and take a look at the uh if there's any damage being done by trucks from this site or from a different site yeah and like I said I realized it's a private road and there's a lot of restoration to be done by res there of which I am not one of those I am not in the flood zone I'm not on that road but I can appreciate what's uh just supporting the neighborhood the way I know they would support not only me but they will support the Bakers going forward too thank thank you very much for your time I appreciate thank you any other comments or questions I I just need need probably to be reminded is the the septic um system is that an upgrade of an existing system it do okay all right no other questions for a motion can I just add through the chair that the pond is obviously flooding because of its a lot of rain we've had but also the plovers are on the beach so there is no action we can take to circumvent the flooding that's occurring until the plovers do their thing so everybody is aware of the situation um I've given some permission tentatively to allow them to get in there after the plovers make their uh nesting finalized so I don't think that is within our control at this time but as far as the roadway the roadway is time for the homeowners in that private road development to realize climate is changing and they need to do something about their roadway and that most likely is Raising that roadway in order to stop the seasonal flooding that occurs that again is not a conservation issue they are utilizing the road is access they're not driving in the pond they're driving in the pond that's overflowed its banks into the access way of Richmond Pond Lane so the trucks are trying to stay within that area I would assume it's getting soft um as it's been uh constantly being flooded in the past 4 months so without many days of it drying out so that that's just to reiterate some of where they stand um on that particular flooding issue all right thank you any other comments questions all right now for a motion so I move to approve the construction of a garage um and um the installation of an upgraded septic system in accordance with the plan subject to the conditions in uh Chris's report has this been approved by the Board of Health pretty close I believe it may have it has but I can't say that all right well assuming it hasn't filled h i has this been approved by the Board of Health you know I don't recall so we can make it subject to the Board of Health yeah we can make it subject Board of Health approval sure all right all right do we have a second second i' second it thank you B all those in favor oppos Allan I asked about the upgrade because you can't install a new septic tank or s in a velocity Zone if it's not an upgrade under tile by all right we have H certificate of compliance for David men 225 Forge Road SE 82407 thank you Mr chairman certificate compliance David Mendy's 225 Forge Road this is file number SC 82407 report date is May 23rd 2024 site visit was also on May 23rd 2024 the applicant has followed the request is certificate of compliance for work that took place on property a number of years ago located off Forge Road the work is been completed and all areas have been stabilized um this is a kind of a small little farm area just below the umy uh building on Forge Road there recommendations the Westport conservation should issue a full certificate of compliance for file number SE 82407 as all work has been done according to the plan of record questions comments not a motion motion approve second motion Kevin motion from Jake second Kevin all in favor oppos all right let you know okay next we have John cab map 29 Lot 19 gford Road SE 8156 continued Mr chairman till what I don't even it's it's at their choice they didn't pay for it so I'm not putting it on the agenda until such time that the check arrives we kind of being in forthcoming with them showing up with that and they did not so okay uh we got call this last one again we have um this gash yes Thomas gamar notice of intend 238 242 speech road to perform Beach nourishment does anybody have Mr gash all right so we'll move that do we have a pH meeting next meeting 611 625 Mr chairman okay so we'll move that to 62524 so we looking to uh move Thomas gar 10 238 242 Beach Road Beach nman to 62524 motion motion continue motion from C have second second second from Jason all in favor okay that's all right so we have we do that you want to wait that last we get okay sir way all right we have what is this stamps $936 it's unusual lot5 it'ss to mail anything certified mail is n bucks it's is expensive yeah and the stamps just went up again the cost everything so 70 70 72 cents all right so motion to pay uh for stamps $936 motion to pay motion Jason second second second from Jason all in favor post that's un WB Mason offer supplies $2.34 for uh a rubber stamp motion to pay have a motion motion Jason have a second from Jake all in favor post all right let's where's my gab East Bay Times East Bay Media Group this is for advertising for hearing we need STS $246 motion motion to pay motion to pay second motion from take second from Kevin all in favor post minutes from 51424 present myself Kevin Jason uh and Phil AB Borton Tom and Jake so we have any changes of the minutes if no changes we for a motion to accept the minutes from 51424 all right motion from Jason second second from Phil is that Phil yes second from Phil okay all those in favor oppos all right that's good we have have uh what is this another W Masons 4598 some batteries okay exciting stuff do we have a motion to pay motion to pay motion from Jason to have a second second second Tom all in favor all right that's unanimously all we have for me and last more more exciting we're going to discuss the um enforcement order for uh horse Beach soon as I'm done signing this [Music] all right so back in October we had the lake beach who has a state the DCR has a beach management plan as do all beaches in town most or most beaches I'm sorry we're all supposed to have one let me say that and they uh sent us a uh they came with a narrative and the narrative discusses a um the fire the access for fire an ambulance and most of the Nar narrative was about the parking lot um and they they said the fire department wants unobstructed 20 ft which there is a letter from the fire department which does say they like 20 to 22 ft of unobstructed um roadway so the according to the The Narrative the state wanted to resurface the road um and they also submitted a plan and nowhere in here does it talk about removing a Dun or S of dunes and taking out all the great vegetation the beach PS and everything else that's there um so we after we're notified of that over the weekend Chris asked them to stop and further we contacted the DP in which case we also issu them a cease and assist and we'll be issuing an enforcement order tonight to according to the state the department provide comp protections words they want it replaced they want it put back way it was and they can come apply again to if they want to widen the road uh within reason for the safety Vehicles they understand that but what they've done is just um most everybody here seen pictures just egregious um somewhere 20 to 30 ft in certain sections and just uh decimating the the vegetation which is what makes the Doom stable so that's my narrative Chris Mr chairman the only thing I just want to be forward about is that they the Mass Department of Conservation and Recreation did come before us so this isn't something they they did sneaky or anything so I think there was a misconception on what it actually entailed to widen the access road all honesty and some of my comments that I gave the board may have influenced them in a in a negative way and I I I want to apologize somewhat for that but um Mass DCR in the most recent week came across some money that was remaining in the fiscal year of 2024 they were moving forward very quickly to utilize this funding before the end of the fiscal year this activity was what I thought was less intrusive as what we have seen in the photos um they in turn are returning a section of the parking lot to Habitat for lease turns in piping clovers a 4 acre area so in their defense they were utilizing that as an offset um regardless of that we've seen the numerous concerns and complaints so after the chairman advised me to call DP they actually spoke with one of the Wetland reviewers but she did speak with the section chief uh Masson raida and also Greg de Caesar they both advised that this act activ ity um even if it was for Public Safety seems to be very uh large in capacity and if it was somewhat less egregious would maybe just a 5 foot widening it may have been a little more um allowable and but what they saw in the photos they said that they don't even believe a general approval could be given with the magnitude and the amount of alteration that occurred so with that said is where I talked to the chairman so I'm asking you tonight is to ratify my issuance of an enforcement action via email to the mass dcr's Representatives um I did that last week in order to get them to stop the work and they complied to date so this was the west side of the access path that had alteration to the Dune fortunately we stopped because their intention was to continue to the east side and all all the way to the West uh Beach Road section past the campground so again misconception however D still feels that it was a very large amount of alteration that numerous entities meeper and other entities would have to be going through in order for them to even get that consideration and potential approval so I advise them to restore the area back to its original condition and and I want to reiterate rate that is you know bringing the materials back and and Grading it to the point where um this Dune can recover it can uh maybe some of that root stock may be viable uh at this point I would say maybe not all of it because of it being piled in in a large pile so that is what the intention in this enforcement action is yeah but I'm tring in their narrative and their plan they mentioned nothing about taking on I do totally agree nor was there a copy of a plan provided within that document either so want make that that's not what we approved correct so I think there was a misconception but truthfully um and they had no engineer on side when they were doing work you know it was in a large 18t swath of of Dune so I'll leave it at that so I just ask that we we've make a motion to ratify the agent's action for the issuance of an enforcement order to mass DCR at the Horseneck Beach State Reservation for the widening of the access way all right do we have a motion for that anybody make any comments beforehand Phil well I mean I I think what stood out um in my mind was the fact that there was no plan that we would approve for every other site that comes up an engineered plan that shows here's the uh you know here's the um work area and here's where the activity is going to going to take place and um and then if we wanted to condition it we could condition it the I would say there was some I guess I was um not aware or that I took it for granted that also that there that because it was coming over in under this operation and maintenance plan that somehow that um was a way that Exempted them from going through the normal filing that you would need to do to do a project of this magnitude and I'm still a little bit unclear about that that is why they wouldn't have had to file a notice of intent and I thought well maybe it's because you know they've got this approved operation and maintenance plan which allows them to expand roads if they need to um and so that gave them cover but the fact that as you mentioned you know that there was no um oversight on the implementation by a state agency who was in charge of protecting a you know this this particular resource area that is so valuable is just kind of um shocking dound yeah and so it just should never happen again this way I think I think there's a lot of lessons to be learned I don't think it's spelled out anywhere that the operation mainus plan sues noses of intent or whatever this just an assumption somebody made it should be explicit somewhere if if if they can do that it probably isn't well right but again the problem the problem is in the narrative they never said EXA they didn't they talked about they do with the parking lot 9/10 of it and there was a little blur about repaving the access road but nothing to the extent of what they did so I think it's a lesson learn in the future we're going to have to make him uh spell it out a little more clearly and you know shame on them having supervision and I would I would stress that you know anyone on the commission who hasn't seen what was done and only saw it through pictures should probably go take a look at it and and see I think it's very egregious in nature the fact that there was no oversight no engineering gave full freedom to the construction workers to do what they do they're construction workers they're going to that's what they do but there was nobody there and the fact that they had a paid detail of an EPO a state trooper and a Westport Police Department there for the entire High extent of the work yet had nobody else there in order to move material all the way down Bridge Road all the way up 88 to the parking lot because allegedly they couldn't go down the access road because it would have Disturbed piping plover habitat I mean come on that's think about that and I was told the expense of that was in the tens of thousands of dollars extra to taxpayers um again you're not allowed to have a dog on a leash on that path from April 1 to September 15th yet they can continue to do that you know sort of U destruction of that habitat so I think that's the the concern we all had and you know a simple widening of a a scoop of 3 to 4 feet of the Dune and adding 3 to 4 feet because again you're limited it's like a funnel you're limited by the gate at Bridge Road you're limited by the with the Bridge Road there are times where you can go on Bridge Road have a car parked on there and you're not going to fit an ambulance you're not going to fit a fire engine so what's the point of making that 30 ft wide if you can't even get in there in the first place so um that that's only my comments and you know you know it's unfortunate that it got to this point and I hope that it gets restored um there are rumors that there are not going to do the restoration but I hope that that's not the uh result in the long run how long did it take how long were they doing this before somebody actually it was a started on like a week in yeah I'd say they had at least a week into it they had probably about three to three business days of trucking I mean mining trucks trucks going in and out of there for about three full days uh removing it uh then they went to a weekend and they came back on the Monday and did work and then the Tuesday was I believe the enforcement order or cease and assist excuse me at that point so it was probably a good four business days they were working and they made it almost actually right to horse they made it right to horse to the primary doe in there anybody else I know I know Mr Solon you want to make a quick comment thank you Mr chairman Mike solivan Sher I come to you tonight as a neighbor of horse neck reservation that capacity only um I was one of the people I guess several people did file a complaint to you folks and I want to thank the chairman agent Capone for acting swiftly and uh stopping the activity that was going on I won't be labor to the point about a state Authority um just assuming that they can move ahead with a project like it's pretty clear that no matter what they do it either has to be on their standing order of conditions or they got to come to you and um this is not the only time the only instance of this activity um on this particular activity I would urge you to think about you know U one of the Commissioners talked about the wasted money and moving the the material in One Direction instead of going directly around instead of going directly to a destination this problem could have been solved probably pretty quickly a lot less expensively with the purchase of a couple of emergency vehicles that could not only Traverse the bike path bike path but also the beach because if you're going to retrieve somebody from the water you know you don't just have to drive on the bike path you got to drive on the beach so there there might be other Solutions here but one thing I wanted to bring to your attention is this is not the only situation in which you have been bypassed there's been material removed from horse neck Beach Cobble removed from the beach in different efforts to try to straighten out the problem they have there long-term problem of the beach cob and there's piles in the woods there's piles uh in the parking lot and there's piles in the parking area as well uh uh the access area if they're going to remove material this that's not in their standing order of condition if they're going to remove material from the beach and change the nature of the beach then I think you really need to impose some monitoring conditions on what happens to these areas that have material removed because I like M and thanking um kcom and Chris for getting on this uh and and getting the season assist thank you for that um and I would really appreciate two things things one I hope that we can be pretty firm I don't know if we have any slav we can be pretty firm and our ass that they bring the materials back and do the best they can to um I mean they'll never be the same but at least if the materials are brought back you might be able to do some planting because right now as you've seen it's justad of the are is devastated and I'm I'm hoping that some of you can help me better understand the concept of an offset and what they're doing down there in terms of they're going to take that far um East part of the parking lot behind uh uh Bath House 3 I think it is and turn it into some sort of habitat for turns so they're digging out a living Dune and they're Trucking it all the way down and they're going to then dump the living Dune in the parking lot so that they can make a uh another Dune a habitat area thinking that the birds are going to love that right so um you know I how do they even think about stuff like that I mean how how is that even logically possible that that the department of conservation and Recreation would even like can you just help me wrap my head around why that would even be considered a logical possibility well I think the the that would be fine I don't think that you know it's not a Lo about his part of Doom to make the habitat so it doesn't you know making habitat doesn't equal doesn't watch out or wipe out what they did to the Doom so so making the hab is f and and they discussed that and their now about taking the parking lot part of the parking lot out and turning it into a habitat which is great never discussed that do s to make it so um they you know that's that's their reasoning for or excuse whatever how you want to look at for taking off the sand from the do but it's not really not been their plan all along I I don't I don't know if anywh else do you get materials to make a prend Dun and habitat and parking lot I mean do you bring it in from someplace else well that's you can't buy sand I mean I don't know how much you know that's a lot of so they obviously had this planned all along that they were going to take carpet all out of the living Dune and dump it in the parking lot I don't necessarily think that because they were dumping Stones as Mr Solin had pointed out from the beach into that parking lot so I think that this was an opportunity for them to take that I don't think there was foresight in planning that I think they were putting rocks there hoping you would catching they would be able to do an inter the habitat but then they had the opportunity as part of this plan to use that material and I agree with you I had it in my notes is you know taking habitat Dune to put it on top of AP parment laun and say that that turns into habitat it's probably not not very ecologically sounding thank you I mean this may be speculative but there's large areas of the beach now that get corded off right they get corded off for nesting areas and um so the concept that they could create alternative nesting areas so that um you know given the popularity and the of you know of the of the beach that it wouldn't be totally given over you know to nesting birds so I don't know what they were thinking about but just the concept that what we have to do that in the interest of Public Safety we're going to remove a certain amount of material I'm not saying that they did that correctly and that they're going to reuse the material to create um additional nesting areas is not I don't I don't think that there was you know bad intent I think it's the you know the ex well maybe it was bad planning and execution but I think the concept was motivated you know or partially motivated by kind of solving that tension between a lot of people coming to want to come to a State Beach because there's not that many public beaches and um you know and nesting habitat so than just one more comment Mr there's a Confluence of activities here the universe is trying to tell DCR something they don't need the parking lot anymore because nobody's coming to the beach they only pay the other parking lot M on the west nobody's coming to the beach because it's Cobble all over the beach it's changed St the last 203 years and then they take the car s and then the parking lot we really need to get them to look at the root cars of why the whole area is going to that point don't use Cobble as habitat bottom shell areer so what are we trying to accomplish I'm not the biolog we go on no I don't think the motion have a motion to um SEC did we do that no oh to sign the enforcement order for the mass DCR to restore the uh area of the access road I'll make a motion to issue the enforcement order second all those in favor I all right that's it for theight Chris you have anything else no Mr chairman that is all I have for you tonight all right so any motion to adj can I have can I ask one more question on this though sure restoration process how do we know if they're going to be moving forward on this they I request a plan be submitted by the 25th of June okay thank you nice cool thank you if they fail to do that we'll have to DP as well all the construction equipment is still there so it say nothing to do I I didn't want to ask this question before we is the enforcement order doesn't apply to us but with the expense of those trucks shouldn't that have gone out the bid how much can they spend without a project having to go up to bid it was tens of thousands of dollars wait more that yeah it's got to be a lot got if you are they may be able to pick off the state bu or someone's on the state buers um and you bypass the whole building process the real rules on that I'm sure they just go higher this company I'm sure they probably on state they certainly don't want to turn it back to the general fund so this is again this fast action they with within two days had equipment there doing the work once they found out then they found out subsequently that they could do the parking lot so at first it was just a widening of the access road and then they found out within the weekend transpired they could do the parking lot Rehabilitation as well so motion tojin can I have one more question on that the the secondary project that they had on that was uh restoring the fence on Bridge Road the entire length of Bridge Road which would mean clearing Dune and uh obviously Earth is that happening yes I believe but I wouldn't I I would consider that barrier Beach but I would consider that Maritime Forest so it it's part of a dune it's the older section of the Dune but I mean it's perimeter fence it's it's I I don't again want to say it's not in our jurisdiction but I think that falls under their operation maintenance because they're restoring something that's pre-existing but we can make you know I'll send an email that it should be done in a manner that isn't um similar to the capacity of the what was been done so far I think if you go and take a look at that fence it's all overgrown I I don't see the necessity for it but I mean if you end up clear cutting and Excavating if there's if it's 8ft fence and you have four 4T visible are we digging all the way down and pulling Earth back to I would assume they're going to use equipment to pull the fence out and if there's a vegetation on it the vegetation is going to be torn out with it but their intent is just to restore it at the same location they're not trying to gain land or uh in any fashion they're trying to protect their land because of obvious we're not going to lie there's holes in the fence and may it be for Animals I don't believe the animals cut the holes in the fence but that's maybe what's using it but but we're at a situation where there is a conflict of interest with neighbors Town Road Town property and essentially a business that's trying to operate in the summertime that could be extremely impacted by this so that's my concern kind of lost their privileges yeah well again um this is again money spent so we would have to be again right now the enforcement offs for the widening of the access road if the commission wants me to you know I could send an email and I've talked to Jeff personally about it that you know I understand it's a perimeter fence but you you should be doing it in a a sensitive way and as much as you can um he's not putting openings in the fence as some people have asked that's not the intention so why based on their um why what they opening openings should be in that fence for animals to go back and forth otherwise they can't get well they they can go by the gate there this this open not necessarily that part of the fence but there's there they go right down the gate on Bridge Street there's I don't know 15 16 fo open there there's other ways there's other ways we again we're we're not regulating that per se I I think honestly you based on how they handled this project I think you should just tell them to put this on the plan how they're going to do it with the with the rest of the restoration because I I you know I have no faith that I would ask that you guys throw that into your motion maybe can we call back the motion here and make uh reiterate on that motion make a correction just to the record and I'd be agree to that no problem we me the motion supped to make a motion to uh cify the enforcement order adding the no work to do on the fence to be done on the fence until they they can add that to their plan uh due June 25th the perimeter fence reinstallation have that inclusive on some sort of plan presented yeah only based on p p they pass work they have a lot of faith did you get that we on so to modify the motion to include to all right we have who second that Kevin Kevin second okay everybody all favor all right that's still all right and my only concern with that is there's been no discussion to any neighbors business owners or even Chris gonzal at the highway department who had no idea that it was going to be happen but it's a PRI it's private I mean that using the town land to do it is that's something that's the access again I'm not I don't want to get into the ramifications of cuz then they want to do it from their side it could be even more amount of activ but I can just picture that with the 336 cat going down there and you know and just taking out you know the whole you don't even see the fence now I have a feeling that you understand why it's being reestablished there's money available corre and other than that correct they probably wouldn't be doing a thing but because there is $13 million available yeah that's what they're going to do don't spend to give it back to the tax pay well that would not be fiscally responsible all right do we have a motion to adj motion toour second second all in favor