##VIDEO ID:9pMzYItm_xc## one's up you know Cranberries for a long time a lot of it okay okay here we go all right uh welcome everybody to the regularly stated meeting of the Yarmouth Conservation Commission this is the Yarmouth Conservation Commission meeting for Thursday progress 21st 2024 uh this is to formally advise that as required by General law chap chapter 30A sections 18-25 pursuant to chapter 20 of the acts 2021 an act relative to extending certain co9 measures adopted during the state of emergency signning into law on June 16 2021 it's extended by chapter 2 of the acts 2023 the Yarmouth Conservation Commission will hold a public meeting at the date and time noted above public is welcome to attend either in person or via the alternative Public Access provided above again this is the Yarmouth Conservation Commission meeting for y for Thursday November 21st 2024 our first order of business is uh the compact of cons Cape Cod conservation trust for the natural Land N yeah native Land Conservancy a Simkins bog uh review of con uh conservation restriction for 9.12 acre parcel on Route 6A and this is they're asking for a vote to send a letter of support to the select [Music] [Music] board thank you very much um my name is cat G Foley I am the land protection specialist for the compact of Cape Cod conservation trusts I'm here on behalf of the Native Land Conservancy and I have a representative here from the Yarmouth conservation trust as well uh so this conservation restriction is the second phase of the protection uh for the bog area near Simpkins and uh it's a 9.12 acre parcel that the native Land Conservancy was uh gifted and and now we're wanting the Yarmouth conservation trust to hold that conservation restriction um the conservation restriction is pretty straightforward for a a private CR um you know we're looking at protecting the water quality resources as part of the property that also for um habitat protection um and also the native Land Conservancy as an indigenous conservation trust does look at this property as a culturally significant piece of land that they're wanting to protect the cultural resources around the Wampanoag history there and um you know looking forward to protecting the third phase in the subsequent year okay uh thank you any questions from the board um I have a couple of just information things um I'm curious you talked about um reduction and damages that the bog provides to the wetlands and so forth during storms and things and I'm wondering if you have any idea if that actually reaches uh private lands around the edges are there savings from or does that something beyond your scope of your I would say that that's probably a little bit beyond my scope however if you were to you know go on the town's online GIS site and start clicking on the flood plane areas you'll be able to see if there were any um sort of areas that are privately owned that may benefit from having that bog protected I guess there are what five or six properties mhm and I also I'm curious of the maintenance costs over the years and do you have a and how much and how long and sure so the native Land Conservancy um really values its stewardship efforts and invests in that they have two dedicated staff people that are on board to help care for their lands um they also utilize various groups of volunteers to help them um I for them you know a majority of this property is wetland and so you know not wanting to disturb that um but also trying to provide some some sort of trail system but recognizing that it has some limitations uh with its like close proximity to the wetlands so you know for the native Land Conservancy I you know speaking on behalf of them they dedicate a lot of their resources to stewardship and making sure to care for the property so no current estimates not off the top of my head no yeah okay great thanks right anybody else Britney anything no questions thank you if there's no further discussion then would somebody like to make a motion to issue a letter of support to the uh select board I will there a second second all those in favor I opposed carries unanimously thank you very much we really appreciate it thank you thank you good luck with phase three yeah [Music] right next order of business or continued notice of intent for SE 883-2414 55 there was no comment associated with that um would somebody like to make a motion then to approve the project with special conditions uh including uh sand fence uh installment uh at September through April annually with within 10 ft of the Dune uh toe and that we also include the standard raking conditions from seaweed management policy so is there a second second gave us a Paul all right all those in favor I opposed carries [Music] unanimously next order of business is another uh continued notice of 10 for SC 8324 52 uh Alexander nof to butter cup Lane proposed construction of a dock within land subject Coastal storm Flowage a Coastal Bank salt marsh and land under the under a water body uh there is a continu request uh from the applicants consultant uh asking to continue to January 16 2025 is there a motion to that effect so moved second all those in favor I opposed carries unanimously might be time for a rubber band all right uh next order of business is under enforcement the first item is Timothy and Mary Campbell welcome 73 Neptune Lane an unpermitted Hardscape in the buffer zone to a Coastal Bank Riverfront area and land subject to Coastal storm Flowage in violation of a determination of application issued in 2021 uh Brit so if you're here for that you can come up to the to the table um so this is from a building permit application request um there was a DOA issued in 2021 um to redevelop the back area um removing an existing deck replacing with a patio um and um a spiral staircase instead of this long staircase it's my understanding they want the long stair case now ex I'm sorry yes okay yes um and so um upon review of the building permit application for the stairway um I just pulled up the old permits and they were um supposed to put in a 5ft vegetated buffer on the edge of part the Parker River and replace some trees that were proposed to be removed in the front yard which haven't been uh completed yet and so I have contacted them and they were we've been emailing mailing back and forth and I think so did you put in a new building permit request today to do something else in the yard or you still want that stairway we don't okay the October 28th still under review with Brad okay I got something pinged new this morning is there any other work proposed okay I last for Co toest so okay I'm going to introduce myself um I'm Mary Campbell welcome and my husband Tim and we own 73 Neptune um little background we have lived in yam since 2001 um but we purchased 73 Neptune a couple years ago and um the house had been in severe Need of Love and Tenderness um so we knew we were undertaking a huge project and um we had a contractor who we loved he did Fabulous work but um we knew that his vision of the house and our vision of the house maybe not be meshing so much um such as a spiral staircase in the backyard which is from what I can see is not very um safe or you know liability if you're older you're going around a spiral staircase not a good thing I kind of like a a staircase with two and we're going to go down to a landing and do all that bit okay so he had done the permitting and um some of these conditions we didn't know about about which is okay because we love our house and we know and we're here and we want to make it all right so with all of that said and when we moved into the neighborhood we met all our neighbors and we see everyone on Neptune pocket Tide Lane um swordfish Lane kelp and so we see everyone else's backyards so I know that's not an excuse but when you're looking at your neighbors and and you're going to see that you're doing everything that they've done that it's okay so um with that said um we had continued on we didn't know about the plantings we did in our backyard with our backyard has not been landscaped at all just we've left it believe me in its natural condition other than we made sure that in back of the bulkhead there is the rock that is the same thing that my neighbors three houses up have and our neighbor one house down has we looked at their backyard and we looked at our backyard and we looked up the river and we just continued it on so everybody is uniform we didn't know we had to do the planting um we just thought we were keeping it in uniform with everybody else we did put in a small temporary patio my daughter and I on the left hand corner of the backyard absolutely unpermitted we it was temporary because the rest of the yard has construction going on it and we just wanted someplace nice and clean to sit while all of this was going on we will I will pop that up I just don't want spiral staircases I want a regular staircase coming down from an existing deck that's always been on the house when we had originally when the our contractor applied for the permits we were informed by the town that we had to take off a lot of things that were on the house that were there when we purchased the house there was a wraparound deck we took it down we were told to get rid of a shed we took it down all these things a give and take with the town to make sure but in actuality if we do up the square footage of the zones or what have you we're still even with the staircase and I don't plan on putting a huge patio there that's not my plan my plan was just a nice place to maybe have a picnic bench or something there is no there's an existing patio um that came with the house as whoever went to the went to the propy will see that has always been there we haven't touched it but it doesn't and it's where that spiral staircase is supposed to be which again we don't want it we don't want the spiral staircase and I'd rather just leave my backyard the way it is how everybody else on Neptune has their backyard up to their bulkhead with The Rock and that's it I don't understand on it so much and the front yard with the trees those weren't even our trees those were our neighbors trees and they were on her septic system and our septic is in the front yard as well so when we were doing the construction on our property we just put grass in and the neighbor asked if the trees could come down and we said sure because they weren't ours they were hers so I don't know okay so I mean the reality is that you have a determination that asks for the for the planting uh up front I'm not quite sure where where is the tree planting requir those are front yard um there is a septic system over them but there's space around the septic system for for replacement trees to be planted but the trees weren't ex and I just want the trees weren't ours they were our neighbors when we purchased the house I I do have a a picture of her yard what year did you purchase the house we purchased it in 2020 December 20 20 so yeah so the whoa you had the you were the ones who got the determination then where did I see this yeah so the determination ismin the we never met with conservation our contractor oops met but I am the homeowner so yes so that's why we're here now because we're responsible so you had the determination and the determination was the one that said you had to put the the 5 foot planting bed at the bulkhead that's correct correct there's always the way I mean so yes you are right there are many many of the areas or many of the homes in that area have the old uh stone stone there uh that was something that was done by the the commission probably the late 80s into the into the early 90s uh but then they started moving away from that because it wasn't it wasn't providing the service that everybody thought it should okay and that's why we've now moved over to the idea of putting uh buffer strips in and the long and the short of it is that you know you you applied for a determination of application a determination of applicability that provided for the the 5ot planting okay and that's what you need to put in that's that's just the way it is uh so where was the tree did did the tree the in the front yard where did that come into yeah so they're on the approved plan going back and forth they're not they were on the side picture but they were our neighbor's trees they weren't ours they were on her property they were on her property I mean it's shown on the DOA that this area is Vegeta um and trees to be removed in this area and area to be replanted we the only thing we have in the front yard now is just grass the existing flag pole we have that Pine Tree in the front oh and then there's a a pine tree at the in the front of the yard a small but it's grass because our septic is right there and her septic is right there we haven't even there's not even a fence there's no planting did you look at have you we have um near map going back before I didn't go back far enough I can I can't do it on this computer it was still vac it was still um no trees back to 2016 or thereabouts I don't know my password so I can't do it on this computer I can look I'm not so so worried about the trees in the front honest really care about the trees in the front I was just pointing out discrepancies from the approved plan we just like the grass but yeah in the backyard definitely the unpent patio has to be removed which is so the enforcement order requires removal of the patio and and planting of the 5ft buffer strip take and so I think on the you need to provide a restoration planting plan and um since this patio it's in the footprint of the the staircase is in the footprint of an approved patio we can add that onto the restoration plan I'm I'm fine with that but we don't want exactly we don't plan on having the staircase though you want oh we want a staircase not a spiral so if we you provide a planting plan showing the vegetation you'll be putting in for the buffer strip and the stairway we can approve it on the buff strip take into consideration the two footer Stone no so so it's 5T of plantings in addition to the ex addition to the stone what if we put the plantings where the stone is take the stone out and put the plantings there I'm sorry what was that where the stone is up okay yeah we I think replace the stone with Stone and the planting start that's what you wanted anyways plantings instead of St you should be replacing the stone yeah you would start you would you would take all the stone out put your lone down and then put your five foot from the from the back of the from the bulkhead yeah okay that's what it is yeah okay yeah this this is my brother-in-law John yeah can you just come up and sit so you have your a microphone who is who who are you this is my brother John Ley my name's John Ley uh I've been trying to help them move forward with the house uh you know they mentioned they had a great contractor who did amazing work but just not always their Vision per se I've been in building my whole life uh very very familiar with permitting processes and meetings I think what I'd like to ask is obviously the RDA was based on a site plan and a plan provided by the contractor that shows quite a large patio a spiral set of stairs and your determination probably I can't speak for you is you know you you you put some impervious materials into the wetlands and you want to increase maybe a two to one whatever is your your standard replication is but I think what really has to happen here tonight is Mary has to ask that we come back with a new site plan and per and perhaps a new RDA application because you folks have on your conservation site quite a few pictures probably 35 pictures of the exist existing house before they started the work and it shows about I forget the number 576 Square ft of decks patios and stairs in in the backyard the new proposal would be they put in about 84 Square ft which you can see on that aial just a landing out the back from the first floor kitchen down it's about 12T wide with three steps The Proposal in the existing permit application building permit application is 84 squ ft there's a 14x14 patio behind the existing garage their vision would be just the new set of stairs coming down and to replace the existing 14x14 patio because it's pretty rough shape you know out of grade and I don't see why we couldn't have a discussion about a more perious material being used for that patio but with that being said they're coming to you with a reduction of almost 40% of coverage of decks patios and stairs so I did a little rudimentary review of permits up and down Parker River with anyone that had a bulkhead and you know a lot of times when people put in a a building permit and and a conservation review seems to have some verbiage that says uh no larger than the existing footprint so we don't have a problem uh it's less than the existing footprint we don't have a problem she's coming at almost 40% less so I I guess the question tonight is is why 7 3 Neptune plantings on the bulkhead when you have photos on your website that show stone that there with grass growing in it because the place was in disrepair for 10 years there are 34 bulkheads along Parker's River and none of them have plantings on them I think I already addressed that but again the point is that you had a at the time of Permitting which is correct 2021 you brought a determination of applicab an RDA before the commission you proposed the planting where it was and we said okay sounds good and then you didn't do that right so my question is and I don't know this did the contractor propose those plantings or was that part of a review for you know obviously the the project as a whole which would have included this huge patio new H surface patio it was part of the approved plan that was brought to the hearing process so so that's why I went back to the first thing I said is I think I'm also going to would be is if we started you want to amend the plan obviously and downgrade the impact I think I'm going to interrupt you there also because this entire property is within the riverfront area and you're in the inner riparian zone so if you were if you had gone through the permitting process um before you had installed this unpermitted patio and the extension to the driveway extension to driveway is not an extension to the driveway if you look at your original photos of that's there also but it's not Hardscape it's just dirt no it's stone stone stone that was always and it's it's on your website if you want to dig into the yeah it was always Stone it's not shown on this plan as Stone and it's a certified PL understand the existing conditions but it your photos of stone so I'm just saying that the the mitigation that would have been required for those is more than the 5ot buffer so the 5 foot buffer is required okay can I ask uh Mr chairman Ed you you spoke about a change in uh determinations of back of the bulkheads what year did that go in uh in there wasn't there wasn't a change in regulation or anything else it was just the the way you know I've been on the I've been on this board for 20 6 years 27 years something like that so uh am I going to remember I I don't remember remember the exact date but I can tell you what the the the philosophy up through the 80s and the early 90s is that they would just allow allow a uh Stone backing behind the behind the uh the bulkhead uh and the commission slowly started realizing that that is not it's just not an appropriate means uh to protect the resource and so over time and gradually uh we have moved to the idea that you always plant the area behind the bulkhead which is why that's what happened in 20121 I mean 2021 we asked you actually showed up with that and proposed the the 5 foot area that you have on that site plan and that's all we're doing we're holding you to that and I think the area that's gravel right now is almost 4T so the the additional yard that you'll be losing to planting is is very minimal for the five for for the five foot buffer okay can I just add that what we're asking you to do is better for your house than what you have now okay I mean Stones don't work and plantings do okay and if other neighbors were coming to us to do something differently on their property we would be telling them the same thing okay but we can't go back and retroactively and say you guys need to go and change your what you are so I think I understand I think you need to understand that we're we're not doing anything as punishment we're doing things to help save the environment in your house and I'm not questioning that at all I just wanted you to know that it we weren't doing anything maliciously or in with any we were just looking at our neighbors and thinking we were continuing onward so ignorance on our part of being part of the neighborhood and and just thinking that everything's okay um so that's what we're trying to just get it but nothing was done so okay so and I just want so 5 ft in I don't have I remove the Rock and I can do the approved plantings yes and so the the terms of the enforcement order require um a restoration planting plan be provided and you'll include the area of the staircase in that and um that the plantings the plan is due January 1st or as soon as possible if you can't meet that deadline let us know and plantings in by the end of May 2025 okay so if I need a extensions on those only because by January to find somebody who's going to yes I understand you'll just let us know that you can't meet the deadline um and as long as you're that's just an informal notice is that an email to you you can email me yes and as long as you can um let me know if you've contracted with someone that they're working on it um that's fine okay um so that takes care of the 5 foot in the patio so to demolish it I think you had a date of like January something in it it's cold back there and can I have until the spring do we need to do that right like when they do the backyard can it be all the same time I mean I I could I I really don't care what if you you do need to take it out and a reason no it was always meant to be temporary within a reasonable time so if you do it by the end I mean even if you go to the end middle of let's say middle of of April April okay all right okay I'm just looking for doable dates here because I have no issue with that whatsoever again it was always meant to be temporary so it's not a problem all right so I'll revise the dates for the plan to be due Fe February 1st and the patio out by April 15th but the planting will remain uh completed by mayal very informal comment that you didn't care about the front yard trees yeah that something that could be made formal I just put the draft that wasn't something I'm just one I don't know how the rest of the board feels I don't like I said personally I don't have an issue with the with what's in the front yard um I don't know if anybody else wants to weigh in on it or not beyond the 50 it's beyond the 50 right it it's not specifically mentioned in the enforcement order so Falls within you know protected land so there isn't a square is grass yeah and so um Mary will have to provide a planting proposal for you folks to review and approve that's correct just go to you have a link where she can look at approved native I can send you the list it's on our website it's on it's on the website but okay but it'll just it'll just go to Britney it's you know it doesn't come back before us as a formal hearing cuz there's spacing and everything on the suggested lists to show how many how many plants you I saw that and no mulching unless of course is by the no mulch why isn't why no mulch I'm just wondering mulch is not why is that well usually our plantings are directly adjacent and it doesn't allow it doesn't allow things to grow then I mean the idea is to you want to try and make it natural okay so um and you're just looking for a sketch plan right you don't need a so it's just a sketch plan literally a sketch plan it doesn't have to be engineered it doesn't have to be stamped or anything else okay just a standard use an aerial photo you use anything like that whatever you want to do for that okay okay yeah just could you just um review the issue of the tree or trees in the front because I was missing some of that what it was in the plan but now um just explain that again I'm sure it's fine but there were some 60 and 70 foot mature trees hanging over the house that were from the neighbors yet yeah but they were in the front thank you I was asking Britany though who explain it yeah there in the approved plan from the determination included um terms that they would replace trees that they had removed from the front yard and they hadn't completed that um but if they're installing the buffer do do we want to require any trees on the side well there was that issue though that was hard to kind of understand about trees were removed from the neighbor's property so um would that be something that should be addressed with that particular neighbor I would have to look into the Aerials because I don't I didn't really see that when I was looking into it originally but I can investigate further so technically was there a violation having to do with those trees um I don't have enough information right now to know that I don't think we know at this point okay all right thank you so the trees will be on holds for further review sounds like it yeah yeah I mean you know it wouldn't be included in the enforcement order right now okay anybody else anything else no so not that it's a little bit different but this is based on this RDA uh there's a conservation flag on an outstanding permit for the stairs will that not be cleared until this work is done in in Spring um I'd like to have the restoration plan showing the stairs and then I'll I can approve you can think about that and then I'll approve the building permit for the stairway steps needed okay okay um get plantings the plan on plantings yes yeah okay yeah yeah the planting plan okay the planting plan the restation plan is I want to say obvious question but I won't there there's about a 4ot wide access to her plat form and Doc can we assume yes obviously can you can remain your pathway that exists okay uh so if unless there's any further discussion among the board would somebody like to make a motion to uh approve the uh enforcement order uh with the changes to deadline so moved second who seconded that Jack Jack all those in favor I opposed car unanimously thank you I get a copy in your email and in the mail um probably after Thanksgiving it's okay I look for approve plan things all right next order of business is another enforcement hearing for DJ and L DJ and L realy Bill and Diane Delany 11 Windmill Lane unpermitted patio in the buffer zone to a Coastal Bank Coastal Beach and land subject to Coastal storm Flowage hi I'm Bill Delaney hi Bill I'm just going to give summ hear from Britney first and then we'll and Ed there's actually um two things in there there should be enough for most people if you can hand them pass them down I forgot to pass them out um hand it down here this stuff yeah so this is 11 Wind Mill Lane um Bill and Dian Delany are the owners um they had wanted to put in a Pergola and a patio and contacted us about the permitting required um and the aerial images showed that an unpermitted patio was installed around 2020 um and that's when the property had transferred ownership to them so it was in place before they they owned the house but nevertheless it was unpermitted so they are looking at this patio here and they have plans to put in another patio with a Pergola closer to the house um so an enforce a draft enforcement order was issued uh before I knew about the Perla and Patio plan um to remove the unpermitted patio or seek permitting about it's a little less than 200 squ ft the one that's existing and about 10 ft away from the top of Coastal Bank and here okay questions from the board it's not one [Music] did you did you write an enforcement order for this or I did um the draft enforcement order it's on the front one oh yeah everything's attached to that um it required the removal of the unpermitted patio and no plantings um but if we would probably require after the fact RDA if he wants this a regular RDA for the new patio that he wants to put closer to the house um and still consider removal of the unpermitted one what's the distance off that again the one that exists well I mean if they're moving it closer to the house what would the distance be I mean do they meet the 35 or it would be in line with with the um existing house and it's a little yeah it's about 40 feet from the top of Bank how manyet about 40 I'm sorry I was looking at things so I may have missed something but um did you say that the rinsing station and one of these pictures is already there and he wants to move it or no so they want to put a patio with a Pergola near the rinsing station um and so that's what caught my attention for this property um was cuz I saw that this patio was there but it had been in place when they had um gained ownership of the house already but it had never been permitted so in essence they would remove that patio and move it the do the part Pera so that would be a notice of intent right for um to do that work to do that that permitting that would be up to the board cuz we be looking for mitigation yeah since it's so close to the to the bank okay any questions from the board in this picture it looks like it's staked already for yeah so they did stake the area for the new patio and pergola um and that's around here so my the question I now this is um concerning an unpermitted patio there was never any application or there was any attempt to uh permit this in any way shape or form by the by the owners that's correct but it was the previous owner so it was this patio here and it was in place when they when they bought the house but it was unpermitted okay and but they are hoping to get a new patio and perola closer to the house okay thank you anybody else uh if not would somebody do you understand what you're what what we're asking you to do no uh so you need to get rid of the patio by the 20 or by the 1st of January have it removed and restored the area can I keep the existing one then if I get the burgle the new one can you say that again rep well the purpose of the burgle was to have some shade the whole area is all open so I don't have to put a patio into the purle but I I really don't want to get rid of that the existing patio because that's in the Sun so if it means not having the patio near the house I'll just keep the one that I have that's already existing makes no sense to me to tear that one up so I'm not quite sure what you're asking but if you're asking it can you just put the pergola up next to the house yes uh that would be an R would you do an RDA for that it's not really a structure if it doesn't have a roof administrative review okay so uh Britney would just do that under an administrative review okay that would be something that just she does that in office oh um if you put a patio back there you would have to file notice of intent uh with stamp plans and everything um but either way you have to remove the patio by the 1st of January the existing patio that I already have that patio that's sitting way out in the middle of the yard I can't keep that patio no yeah that's the one that's that was permitted when you bought the house it's an unpermitted patio in a place that we would never have permitted it so basically that's why we're asking to remove it it's too close to the water well if I remove it is there any other Mater I mean the materials all porous this grass growing all around it is there anything else I can put there for furniture if you want to sit out there I I just don't understand that I mean I don't understand what's the material is porous grass is growing between the cracks it's not sealed or anything you're talking about the current patio you're describing it essentially you can't build anything within 35 ft of the so that patio is totally within the 35 ft of the edge of the property onto the water right right and then we just don't allow that even if it's up it's that's up from the beach 35 ft parallel can you point to that what tell you 30 ft off the do count the the the top of the Coastal Bank is the resource area so it's the top of the revetment that you have there so it's even less so where my mouse is kind of is where the 35t buffer would end you don't count down the wall to the beach that doesn't count for anything it's the most resource unfortunately a lot of buildings and houses in Yarmouth were built before the regulations were in place um so sometimes we have these interesting scenarios where there's nothing you know there's no vegetative buffer within the 35t but that is ultimately our goal is to get the 35 ft to be undisturbed native vegetation um and so that's why we would never allow uh Hardscape or structures within that area so that we can work toward revegetating it and so I don't have enough vegetation around that property I have two lots there one's not even built on it's an unbuildable lot beside it that's not enough that's not enough vegetation around that I mean we don't count lawn as native vegetation but it was the The Patio was unpermitted back whenever it was put in right that's correct so therefore it remains unpermitted today it's basically illegal okay so you're the owner this commission is saying sorry but you have to remove it because it shouldn't have been there in the first place okay okay okay all right so any further uh comments or questions from the board now what about the pera then if I can't do if you want to do the pergola uh and it's next to the house then come and see Britney and she can sign off on that as an in office uh administrator review if you want to put a patio back there then you're going to have to do have have a filing before the Conservation Commission okay okay and either way you must remove the the patio by the January 1st deadline January 1st well I I need more time than that that's ridiculous one month April 1st okay all right I'm not going to argue um to vote thank you would somebody like to make a motion to approve the the enforcement order uh with the change of removal data April 1st don't move second all those in favor who second it I did got be quicker I know thought it was quick enough can you hold off for a minute M lays there that's okay yeah sorry didn't ran these things off on my own oh okay that's what reement it's you you did these pictures no no I did these running off the actual plan stuff our next order of business another enforcement matter Karen and David Swan 11 or sorry one windir road failure to remove patio and install native vegetation and drywells on the riverfront area buffer zones to Coastal Bank and salt marsh per a determination of applicability issued in 2008 so this one is kind of old but um um as most of you know three windir has recently been redeveloped next door and they have uh we met on site to discuss their buffer planting and I looked next door and they have a patio all the way up to the top of the Coastal Bank um which they were supposed to have removed in 2008 and planted with a regular vegetated buffer so I don't have any phone or email contact for them so I sent out a draft enforcement order hoping to discuss it here but it does not look like they are here to represent um but the enforcement order requires compliance with the original DOA removal of that section of the Pao and the wall they have a wall up there as well and sub submitting a planting plan for restoration of the buffer there's no representative whatsoever ever for this it does not appear so unless they are on Zoom well I'm inclined to start issuing a citation weekly until this happens then but okay weekly do we know if their year round or anything about that that information is not in the Assessor's Database do we know if it's the same homeowner it is the same homeowner it's the same person who obtained the the determination in 2008 have you by any chance contacted uh down Cape um because they no but I can for their contact have a better way of getting a hold or getting in touch um it was so old that the section for email on the application was fax number so do you think think that um are people using the house could you tell yes okay it's not like a family that no I don't think so okay it's hard to tell but it's just they have patio right up to the top of the Coastal Bank and the neighbors feel like it's not fair that they're not being upheld to the same standard no I'm not I'm not doubting that I'm just wondering how to get whether they actually received your email or not no email just regular mail where is the regular mail okay where is the mail uh going to what is it a local one local address no it's in Walpole well you send the mail you send something like that you send it like certified mail or it goes certified mail with return receipt okay um and it's coming back unclaimed is that no I haven't received anything back yet okay how long has it been I shot it on the 13th say the 13th issued on November 13th yeah it's been a week and a day all right so I'm going to actually I think what I'm going to do is table this then [Music] um see if they call yeah I we should give them the other two I think I'm just going to table this to December 5th okay okay just to give them a little bit more time to respond but actually the if it's a return receipt then the the post office returns that the the owner the person receiving the mail doesn't so I don't know if you want to look into that because if if I you know yeah the other two were also not local and they got the message in time but I can with a matter of because it's short I mean the way it works is that they are they do the the post office just makes three attempts to to deliver oh yeah okay and sometimes it's you know day after day after day and other times they say okay well I'll wait and then every it could easily be somebody who's away or somebody could be away so we'll we'll yeah I think that's we'll give him a shot I need to make every effort to get that that's fair okay so we'll table that to December 5th all of the COC requests are in compliance and good to go [Music] okay all right so we have request for Ser compliance for SE 83-1 16186 cap is Drive SE 883-2414 Bayberry Road and SE 83205 485 Uncle Roberts Road uh all are easy okay uh um do I have a motion to issue the certificates of compliance for SE 83-1 1618 SE 83 d241 and SE 83254 so moved second good all those in favor I opposed carries [Music] unanimously uh moving on to approval of minutes for November 7th 2024 minutes were fine after Britney made her additions okay would somebody like to make a motion to I'll move it approve it and then um issue and then um second all second thank you all those in favor I opposed carries [Music] unanimously do we have any other business not reasonably anticipated actually I see somebody standing out in the audience here it's like is there you're just you're just sitting there and watching or you have any okay all right um um we will have a new employee starting in the beginning of December woo um and I don't know Paul do you want to give a CPC update or well go ahead okay um this we had the CPC meeting on yesterday and they voted to approve our request for the chasebrook park um they actually gave us a little more than we asked for for contingency for the bridge construction so they will send that recommendation to town meeting okay very good that's all I've got anybody else that was was 8 how much yeah for um 820,000 yeah oo and what's this far again significant amount um for the construction of the chasebrook park ecological restoration and pedestrian bridge project no more Hoops to go through many how many yes so we are currently waiting for our meepa certificate and then we can apply for our chapter 91 license and then we can do the Cape Cod Commission and then we can go to bid remember all that has to be approved at town meeting the the money allocation everything so yeah that's all in time for this year's budget yeah so that that would be um voted on at town meeting in April in April at the end of April good for you congratulations very good [Music] Britney Britney and I went over to the uh in the fire in where the fire was oh yeah oh yeah just to check um yeah so they're going to demolish the the um structure that was damaged obviously and they they need to just put erosion controls in place it's a very interesting property topographically it's really there's a really steep drop off where the building is um finishes right before the water so they need to make sure they have some erosion controls in place before they continue but that's all you see any prime river or um popovers left over from the old days well I'm not going to say that was the place to go years ago yeah did you look at the other place next to it we looked at the other houses down below the other house to the there's one to the right to the east the small structures you mean small structure yeah there's a pool and like two or three small structures we couldn't get down that steep slope it's we could have got around but we chose not to I mean because they're they're throwing stuff over the side now at this point is what it looks like but throwing stuff over what side fence like out the back deck and down to howmill from from where the restaurant went it's far away from the restaurant from the next next door the the house next door we didn't go over there we didn't we'll get to it in turn is it is part of that property in barable Ed yeah it's like it's like half like the Box half to no it's the Y that's that's that's why I'm pointing it out it's like if it were in the barnable half I would be saying I don't know is it worth us going back I mean it's it's not it's nothing pressing but it it seems like every time I go by I it seems like there's just a little bit more stuff that getting thrown out so it's a beautiful piece of property I mean yeah we went around to the other side to the you know where the road is where that single lane bridge is and look back and it's just a gorgeous piece of property it's quite a view you know from the dining room absolutely yeah it's um it was an institution that's for sure all right anything else if not would somebody like to make a motion to adjourn so moved there second second all those in favor I opposed We Stand adjourned at