##VIDEO ID:QB0Kx6f4fAw## welcome everyone to the regularly stated meeting of the Yarmouth Conservation Commission this is the meeting for Thursday October 3rd 2024 this is to formally advise that as required by General Law chapter 38 sections 18-25 in pursuant to chapter 20 of the acts 2021 an act relative ex extending certain covid-19 measures adopted during the state of emergency signed a law on June 16th 2021 as extended by chapter 2 of the act of 2023 the armouth Conservation Commission will hold a public meeting at the date and time noted above the public is welcome to attend either in person or via the alternative Public Access provided on the notice of meeting available on the town of Yarmouth website again this is the meeting Yarmouth Conservation Commission uh October 3rd 2024 our first order of business is a request for determination of applicability uh for Joseph Phillips 8 Lindale Road it's a proposed 270 foot addition within land sub Coastal storm Flowage hey okay come on up to the to the table here and take a seat thank you and then briefly Des just state your name for the record and then briefly describe the project that you are going to try and do Joe Phillips and we'd like to put a 27 foot long 10 foot wide bump out on the side of our house which would entail a rubber tired mini excavator going across our paved driveway and then going across roughly 10 15 ft to get to the job site area okay they dig dig down 48 in excavate that out pour concrete then back fill and take the forms out there there you go okay great thank you uh questions from the board anybody Britney um not about the project did you get our message about the sprinkler I sent you an email but just letting you know your sprinkler is broken in the back and it was gushing water in your yard um so we shut it off on the side of the house when we were there it's funny I turned it back on today and I saw a gush and I turned it back off okay just want to let you know all right thank you very much no questions about the project um do you intend on connecting the patio um after you put the addition on the the PA be gone yeah so there's a walkway are you going to connect so the walkway will be gone okay all right no questions thank you all right anybody in the audience on this one anybody on Zoom if not would somebody like to make a motion for AG negative2 I will is there a second second all those in favor I opposed carries unanimously sorry a negative determination is a positive thing for you it means that you don't have to do any further filing with the Conservation Commission you can start give it a couple sometime middle of next week as contact Britney she'll have the determination for you and you can go ahead and start working toward your building permits and that sort of thing all right great thank you thanks Britney thanks for the call all right next order of business is another request for determination of applicability Crawford Land Management for Julia python gist Mill Lane proposed invasive species management of 1640 Square fet within salt marsh okay thank you good evening for the record Lauren Taylor with Crawford Land Management on behalf of the applicant Julia python um this project is a request for determination of applicability uh to manage a stand of frag mes at the end of Gris Mill Lane um you might remember that I was in front of you just a couple weeks ago with a notice of intent to treat frag mes at the um AB buding 140 backster AV and 31 Gris Mill Lane um the applicant for the notice of intent was the same applicant as one for this request for determination of applicability um they originally wanted to include treatment of fragm mies at the end of Gris millane in that notice of intent application but they weren't able to determine who owned that parcel of land before that filing deadline um but since that time we've been able to determine that um the grismill lane parcel is owned by um the owners of 31 Gris millane as well as the Gris Mill Village civic association um they both own to the center line of Gris Mill Lane um so since we've determined who owns that property and that in favor of the proposed work we're just looking for your permission to manage the remaining portion of fragm mites in that stand um just to get more effective control of it the treatment protocol and the timeline is essentially the same that was approved with that notice of intent just a couple weeks ago um but if there's any questions about the specifics I'd be happy to help answer those now okay questions from the board uh Britney um no questions if you could just include the monitoring for this section you can fold it in with the monitoring reports that are required for the order of conditions so you don't need to submit separate ones just one for the the whole area would be great okay sounds good okay anybody on the audience on this one anybody on Zoom raise your hand digitally uh if not would somebody like to make a motion for a -2 and a neg3 so moved second all those in favor I opposed cares unanimously thank you thanks Lauren next order of business request for extension for SE 83 2304 Robert kosac 27 Long View Road proposed renovation of existing single family dwelling with existing footprint and upgrade septic system to Title Five standards within the buffer zone to veget Wetlands and Coastal Bank uh Britney has for three years yes there first request for three years all right would somebody like to make a motion to extend uh permit SE 83234 for three years who Moved thank you there a second second all those in favor I opposed carries unanimously uh next order of business another request for extension for SE 883-2356 second Jack did that second all those in favor I opposed carries unanimously and a final request for extension for SE 83230 three Peter and Kim Lee 40 Mayflower Terrace or proposed construction of elevated uh deck balcony over the footprint of an existing elevated deck in a buffer zone to a land containing salt marsh Coastal Beach and land containing shellfish again first uh request for this for three years would somebody like to make a motion to uh issue the the extension I will there a second second okay all those in favor I opposed carries unanimously you have to sign any others yeah they are coming to the second file there's two signature sheets all right next order of business is a continued request to amend an order of conditions for SE 883-2356 watering dis discharge into the ocean at three locations thank you Mr chair Mike Judy from CDM Smith representing the town uh here with Maggie lad from our office as well as uh shaki alarabi who uh works for the contractor RI construction hopefully answer any questions um so they had submitted uh last week a uh plan for the deing discharge again for reminder this is for contract 3 of the town's collection system project uh particularly along Southshore Drive uh looking for an alternative discharge location for uh groundwater collected during the dewatering operations so they had proposed uh three locations uh whereby they would provide uh settling of the the uh effluent from the dewatering system uh before discharge to the ocean at three separate locations uh included in the packet um the the comment from the commission was uh they were looking for an engineered stamped plan um laying out what was proposed and that was uh what was submitted uh last week so if there any further questions or concerns to address okay questions from the board this is this is from Amanda for this project right yes okay I might have to read that you have to read that maybe not read it but I was do that what do you want to do it no go ahead do it all right uh so there is no no discussion from the board just just to let you know we did I receive comment from uh Amanda Lima she's the town engineer for the town of Yarmouth uh she has provided um several points of conditions for she's reviewed the plan uh believes that uh the revised dewatering discharge plan with PDF date of September 30th 2024 uh they consider the plan to be conditionally approved including uh following conditions they've got a list of nine total uh I assume you've already seen this correct I actually have not seen that that's late breaking I'm sure we'll receive it at um so I spoke to her today and pretty much the the gist of her comments happy to provide them to you before we issue um is that if you're going to use eight eight pipes um each pipe needs its own settling tank um and that the pump may not be able to be used in order to meet the detention time that you have calculated here since that's that's the most important part about the settling the settling time and there was a couple of other things for it to be monitored daily um and if there's any overflow of the tanks that we need to be notified in order to make adaptive to to make changes and I think there's those were the most important ones that she pointed out to me um but I think there's a couple of other conditions on there okay um looks good to me I mean your your assessment it uh a review and synopsis is is uh is good uh so unless there's any further did you have any other comments or questions Britney no all right uh uh anybody in the audience anybody on Zoom uh if not would somebody like to make a motion to approve the project with special conditions and including the nine conditions spelled out by Amanda Lia Town engineer so moved second of that thank you Jack all those in favor I I opposed carries unanimously Bradford did not vote Bradford um yeah just I'm gonna give one to that you want mine that's fine great I have a copy thank you can you can just take my cop do you need another copy that's I can wait that's fine thank you very much thank you all very much appreciate it thank you all right next order of business is another continued not sorry yeah continued notice of intent uh for SE 8324 49 Ronald Jean wackell five Glenwood Street proposed maintenance and height expansion of retaining wall within a Coastal Bank Coastal Beach land sub Coastal storm blowage in the buffer zone to land under the ocean land containing shellfish uh just to let everybody know I did watch the uh hearing for this so I I did miss it last week but anybody would like me would you like me to recuse myself kieren I'm perfectly fine with you being on the board okay good evening for the record my name is Kieran Healey I'm a land surveyor with the BSC group representing the owner of the property R and jeene rro um we had um previously uh proposed a plan that had a wall on the um near the house and an extension on the wall near the ocean uh what we have done at the Bas based on what the commission had told us is that we remove the interior wall completely and um we reduced the amount of W in the amount of sand would go in that area um the primary wall adjacent to the ocean is still the same size and location what we did is as opposed to filling the whole area and making it flat behind that wall we tapered the wall down at a slope um all the way down to Elevation six that's there at this moment um we didn't reduce the amount of um recreation area that we had in the sand and we increased the area of uh sanfield and Beach Grass area um other than that I'd Bey happy to answer any questions the primary difference is that we will remove the interior wall completely commission was concerned with all right thanks Kieran questions from the board I one of the things you talked about doing was it's on here is reinking the uh existing Stone and I'm wondering is that just going to be done um just as what's needed to keep the structural umti it or you expect to do everything well we're not removing any stones to to but we are going to fill any position that needs to be ched the wall will be different because we're adding three feet on top of it so I don't expect us to damage the wall as we set more stones on it but if anything becomes this large then we will set reset that and then basically in between those areas okay so you're not chinking everything you're just Ching as needed chinking as needed but sometimes that is everything I mean I I won't say that we're not going to the majority of the worldall the attempt is to make it stable I'm done that okay sorry anybody else well is recall this is the return flow is what we're issue is the issue far as changing not no but it's um we want to make sure that they as it says here we want to make sure that the small Stones Can't become projectiles and reduce if too much chinking will reduce wave dissipation which is return flow yeah and return flow so that it doesn't close off the we're not going to it to a point where it's a solid face there still be voids around all the so that when the waves come or looking for a way back out it will the the waves will um dissipate somewhat as it hits that wall um it's not but if they go over then you want that to be able to disperse back through the wall the way the way this is set up is that there is a tide gate at the at the already on the property so when it goes over that wall it's not necessarily going to drain back down through the wall and out it might it's going to cross the Sand area and I'm just saying it would help we're not putting a a pelv barer behind it yeah so you know if water made drain back down through there I just can't say that it's going to happen okay yeah I mean I think the I mean the purpose of of chinking is to stabilize the the structure so it doesn't go blowing apart you know in the first storm so as long as you don't get over but yeah it's not going to be cemented you they there was a period of time when people were were prone to cement everything and that's that's not usually well I'm not a m contractor but that's not usually best best management plan prop practices either so anybody else Britney anything usually when there's a large area being planted I understand this is not for mitigation it's just replanting a beach grass area we do appreciate more than one species being planted is my only comment thank you a little diversity in there the the diversity is good but the beach grass that's there is doing a really nice job could still be mostly Beach Grass definitely we'll uh I go to my client and we'll talk about some diversity in [Music] there anything else um they were just talking about the chinking because it is recommended from the czm coastal manual that every void should not be filled during chinking because it reduces way of dissipation and so I as long as you're only chinking for structural stabilization that's fine as long as you're not going to be filling every single void is that what's intended just for structural stabilization primarily structural stabilization but I'll make sure the contract and the owner know that we cannot fill every I don't believe that's the intent but I'll just make sure that that's clear and I can add that as a condition just for structural stability okay all right anybody else anybody in the audience anybody on Zoom raise your hand digitally if not would somebody like to make a motion to approve the project with special conditions so move second all those in favor I opposed cares unanimously Mr chairman thank you members uh next order of business is a new notice of intent for SE ahead so good evening my name is Nate weton I'm a project manager with the armor Department of Public Works and and for a couple of years now we've been working with our subc Consultants the association to protect protect Cape Cod and the horle Wht group on the Y Yarmouth stormw water project uh they first conducted an inventory of a large number of storm water retrofit sites that was then narrowed to five sites for 25% design and the list was has been further narrowed to two sites Standish way curve Hill Road for 75% design and permitting so tonight uh apcc and the horley Wht group will present the 75% design and pering documents for Standish way curb Hill Road so I'll introduce uh the woman to my left April wst thanks um so I'm April VST I'm the restoration program manager with apcc and we're contracted to the town of Yarmouth and supporting them through a czm um Coastal plut and Remediation Grant or I guess it's now Coastal habitat water quality Grant um so again the focus of this multi-year project is improving water quality and impaired water bodies um primarily looking at the watersheds draining to the south side of Yarmouth um so the main focus is treating untreated storm water contributing to problems including nutrient impairment as well as bacteria impairment so as we did the initial assessment with horley Wht and group in year one the prioritization of sites was based on improvements to that as well as other habitat and benefits so um curve Hill Road and stish way are the two sites that I'm Beed tonight um they were prioritized for multiple reasons but are both close to water resources and have little to no treatment at the site right now um so again short-term goals were to identify the locations across this um Southern portion of Yarmouth draining South um for storm water management and advancing plans for two priority sites with the current funding from the office of coastal zone management as well as um additional funding the town has secured from USDA natural resources conservation service um long-term goals improving water quality as well as particularly for the nrcs funded scope at Standish way um reducing shellfish bed closures due to bacteria runoff so this is the the broad overview of the project so again we completed that initial inventory of sites in 2023 selected those top five sites as indicated the 25% design of those was completed earlier this year so with a second um Grant awarded to the town last fall um and then we had a public meeting in June of this year to look at those top five sites 25% design and get any comments and feedback on those and then based on that feedback and the prioritization selected the top two priority sites for this design and so um once we move forward with that we currently have secured the funding to complete that design and complete Construction for these two sites um aiming for completion in May um and wrap up of the project in June of next year so that I'm going to turn it over to um our engineers at horley would to speak more hello my name is Janelle veryy um I work for horley Wht group and I'm the lead designer for the Standish way storm water retrofit project um I will be going through the Standish way design and then I will hand it over to je my colleague my kite to go over the curve Hill Design uh so just quick agenda um I'll talk about the project goal the existing conditions the proposed conditions and then hand it over to my colleague Ben wolman to go over the resource area impacts so as April mentioned the goal of this project is to reduce the pollution that is entering our Coastal Waters through storm water runoff or from storm water runoff um specifically for this project this Pro this site was a focus um because it is um Outlet directly out litting into a shell fishing area um so we were focused on removing bacteria and nitrogen through implementing greenstorm water infrastructure um as Nate and April mentioned um this is sort of just a map of those sites that we developed some 10% um some progress to 25% the Standish way site is on the left in the red circle on Lewis Bay so to start we'll look at the existing conditions um the existing drainage area that is draining to um mil Creek through the Colonial Acres Beach parking lot um this includes runoff from sish Way windir Road and the parking lot itself um this the town has pre previously installed a infiltration trench at the bottom of windir road which captures in treats run off from windir um and then in 2020 the town installed porest pavement and a underground gravel Wetland system in the beach parking lot um this system captures runoff from sish way and the parking lot itself um because of due to site constraints um the system was sized to only be able to treat about half of the 1-inch storm event so um this project we specifically looked at sish way and opportunities along long Standish way where we could capture and treat runoff before it reached the on um the gravel Wetland um so Standish way is mostly residential um it is a town-owned road um and our specific project is um proposed along the grass shoulder in front of the Colonial AC Acres Resort um the project is proposed within the right of way of stish Road um there's an existing asphalt driveway along the road um and we have a relatively shallow depth to groundwater which is expected due to the close proximity to the Bay um I'll now hand it over to our Wetland scientist Ben Wilman to go over the resource areas good evening uh so is this can you hear me all right uh so in proximity to the proposed site here we have uh a Riverfront area 200 feet extending from a tily influenced stream that runs West on the north side of the Colonial Acres Beach um at the south end of sish way and we also have uh land subject to Coastal storm Flowage which extends up standing ish way up to the elevation 11t here uh additionally uh just to mention it it shows it on uh the plan uh there is salt marsh that surrounds the Colonial Beach uh acre Colonial Beach parking lot uh around the perimeter of that parking lot but uh it's beyond 100 ft from where the proposed work would occur um so now looking at the proposed conditions um we are opposing an infiltration trench and a bio retention area along the Eastern side of sish way um Standish way as it exists now is a Crown Road um so we are sizing these practices to um treat the runoff from the Eastern side of the road the western side of sish way will continue onto the underground gravel Wetland um so this combination of both the existing infrastructure and the proposed will allow us to meet the goal of treating the full 1-in storm event of um all of drainage area one all of the Standish way and Beach parking lot drainage areas and just looking a bit more into the design um starting on the right side of the slide which is UPG gradient um water will enter a water quality unit through a catch basing grate um for pre pre-treatment and then be piped into an infiltration trench once this system fills up water will just continue down the road to the beach parking lot um the infiltration trench is proposed to be planted with shrubs on the surface um to help with nutrient uptake and then further down is the bio retention area we are proposing a paved Flume that will um enter into a sediment for Bay and overflow into the bio retention area the bio retention is proposed to be planted with low maintenance native species um similar to the infiltration trench once this system fills up water will continue down the road um we are not proposing to repave the road we are proposing to add a Cape Cod burm along on the edge of the road to ensure that the water is entering these systems through the inlet points um I'll just go through a couple more elements on that slide sorry thanks um another um element of this project is replacing the existing paved sidewalk um we're proposing to um install a porous pavement sidewalk um as well as a small Timber retaining wall um that will just help reduce grading impacts to the abuts um and lastly we are proposing an educational sign as well um yeah so I'll hand it back over to Ben thanks so for the proposed limit of work of the project uh the southern ends uh Falls within the outer Riverfront area and the entire site is located within land subject to Coastal storm Flowage here so having said that um we have um temporary and permanent impacts to the land subject to Coastal storm Flowage um the permanent impacts being the bio retention area infiltration trench Timber wall and porest pavement uh everything has been designed to meet the performance standards working within the riverfront area for this project and um Coastal storm co uh land subject to Coastal storm Flowage um so you have uh temporary impacts uh with the limit of work and then the elements uh designed and built for the project uh overall this uh project is restorative in nature uh everything is being proposed within areas that are already developed um all of the elements represent an improvement for the site and the resource areas and their ability to protect the interests of the local and state regulations so uh we believe this is a good project okay questions takes over the maintenance of uh planting and things like that is that the towns yes that's the town um and um as a part of our application we included a operations and maintenance guide um I think the town's getting tired of me bringing this up but sidewalk or impervious sidewalk maintenance do you um well because of the location of this sidewalk there is very little um run onto the sidewalk so we don't expect it to be clogged as often as you know say if you have porous pavement and sand washing onto the porous pavement um this is sort of on its own it will just be taking the runoff that is falling onto it um so ideally less maintenance then so town will have to keep after that what correct is that take uh vacuuming or what does it take to maintain that also you said Crown Road how crowned is that road and what storm is that going to hold so that it deflects over to the east side um I don't have the exact percent of the crown the slope there um but just through our survey that's what yeah we um can she said it was half of the one inch storm see what um but you what is the size of a storm you're really handling here so for the the two the drainage areas that are going to our practice is it is the full 1-in storm um that is then allowing the remainder of the runoff coming going down sish way that is entering the gravel Wetland um to also be treat the full one-in storm to be treated um because we're taking pressure off of the gravel Wetland I guess that's all I've got on the yeah no questions yeah I just have one maybe one question um you're going to put a Timber wall is that going to go the length of the whole um uh infiltration trench um no it is on the plans um I can't don't know the exact length off the top of my head but it's um sort of at the upgradient side of the bio retention area okay well the reason I asked the question is about about maintenance and about the the um the life of the Timbers you know I know you could go to Home Depot and buy pressure treated stuff for it's supposed to last 40 years I don't know what you use in a Timber wall like this but how have you determined how long the timber wall will hold up I believe once we progress the design to construction we'll talk more about the materials um um but yeah I mean I guess we proposed Timber just sort of to kind of match the setting around the site we didn't want to have any like you know hard scape wall yeah would be untreated the timber um yes if that's required and how deep is the trench I probably if I look at the plan more carefully I'd know but how deep is it I want to say it's maybe around six feet deep oh yeah I'm don't know that off the top of my head either um but it is on the on the detail sheets it shows the elevation and the depth it has a guard rail around it so that sorry so the infiltration trench itself is all underground underground okay all right now I understand thank you so much um and if you just scroll up one more um sheet there we go so yeah you can see the timber retaining wall here it's about 35t in length okay all right and again it wasn't the length so much as how long it would last you know because I think I think the questions about maintenance are always something on the minds of the Town people in the town because oh you know we're going to have to replace this wall and whatever it's going to be you know and is it going to be expensive and so on and so forth so yeah I think um as we progress we'll talk more with the town about the materials excellent okay thanks so much anybody else Britney anything no questions thank you anybody in the audience anybody on Zoom I see a a there someplace I see a hand but I cannot read who that is go I don't know there's an option for my video to be turned on but um basically the upshot is I am representing the Cape Cod Conservation District we are a project partner with the natural resource conservation service um the town has an agreement with nrcs to have the construction of this project funded by um 75% federal funds um provided by the natural resource conservation service so this project is really well um well regarded by the Cape Cod Conservation District and also by the cap natural resources con excuse me by the natural resource conservation service um we're really excited to put this project in to continue to support shell fishing in that area um and you know we're just really excited to support this project okay thank you SM anybody else on Zoom I see nothing else there any further discussion among the board do I need to read recu do I need your recu it is up to you but I would think no that you don't uh if not would somebody like to make a motion to approve the project with special conditions I will is there a second second all those in favor I opposed cares unanimously thank you don't go too far away next order of business notice of intent for s832 450 town of Yarmouth curve Hill Road proposed storm water retrofit within the buffer zone to a boarding vegetative Wetland good evening my name is Jemma kite I'm an engineer with the horley Whitten group and I'll be presenting on the site along with uh Ben Walman so similar to the last site that we just uh presented on we're going to go through the same thing here talk about the existing conditions of the site uh what we're proposing to do under this project and talk a little bit about the resource impacts um so similar to the last site that we just talked about uh curv Hill and sish way are under the same project so they share the same project goal uh which is to improve Coastal water quality by reducing or eliminating pollution uh from storm water runoff and you already saw the slide these are the two sites that we are presenting uh tonight uh but we've been working with the town uh over the last few years to identify other priority sites so this particular site uh curve Hill uh is located off of Great Western Road and it is within the Bass River Watershed um which as I'm sure you're all aware is impaired for nitrogen there is quite a large uh contributing drainage area that is coming to this site um it's about 13 acres 32% of that is imp pervious so right now there's a lot of existing storm water drainage infrastructure uh located on Great Western Road so catch basins manholes pipes that's collecting runoff from Great Western Road and then it pipes it down to this site at Curve Hill uh where it discharges uh without any prior treatment this site also collects surface runoff from curve uh Hill Road through a paved Flume that just discharges right onto the site the site is a undeveloped Town parcel again it receives both surface and piped uh runoff um and there is evidence of accumulated sediment if you've been out on the site you may have seen it yourself um in fact it was so bad we couldn't even see the pipe uh that is discharging to the site um we suspected it was probably where you see that little puddle um because so much flow comes here um we just thought that you know it was probably that that puddle was being jetted out every time there was a big uh storm event um and sure enough our survey crew did finally find the pipe um and so all of that accumulated sediment is a result of just a very very large contributing drainage area that's just dumping a lot of untreated storm water directly onto the site um and there is a freshwater Wetland Dow gradient that we will talk about so it's an important site so what we're proposing to do under this project is to construct a storm water constructed Wetland for treatment um this will continue to collect and now treat the runoff that is coming both from the Great Western Road dra AG infrastructure as well as managing the surface runoff from curve Hill Road um so runoff will be first treated by a water quality unit for pre-treatment this is where the sediment load is uh significantly reduced and that's highlighted in in that yellow um Circle and after that it is then discharged into a constructed Wetland um and it will uh discharge treated storm water through an overflow Spillway uh to the downg gradient freshwater Wetland uh we cited the water quality unit within the road um because this is easy to access for the town to maintain and what is a constructed Wetland so um it is a is is a uh a control measure that we use to temporarily store and treat storm water runoff it helps uh similar to how a natural Wetland functions it helps slow down um the the storm water so that it can get treated um as the storm water moves from Deep the deep pools to the other deep pools um constructed Wetlands can support uh conditions suitable for the growth of wetland vegetation and they provide habitat as well and pollutants are removed through a number of mechanisms including uptake by the Wetland vegetation um as well as the bacteria that live within uh the soil and the plant uh soil absorption um vegetative filtering and settling and so the estimated uh pollutant removal for for this system is actually larger than 80% because we've got that water quality unit for for total suspended solids um we get somewhere between 40 to 60% of total phosphorus reduction as well as 20 to 55% of uh nitrogen reduction which again this is within the Bass River Watershed um so with that I'm going to turn over to Ben to talk about the resource areas in this site yes so uh the only Wetland resource area located at the site is a bordering vegetated Wetland at the southern end of the proposed project uh which can be characterized as uh a red maple swamp there's also a fair amount of black gum in there as well um this Wetland extends South in a low-lying basin to uh an unnamed stream that flows between High Bank Road and Bass River um the buffer zones associated with the bvw include a 35 foot the 50 Foot and 100 foot and as you can see the the project is occurring uh within uh the 52100 as well as the 35 to 50 foot So within the 35 to 50 foot buffer zone uh you have the rip wrap uh overflow at the southern end and you have 370 Square ft there uh of impacts and then uh the constructed Wetland within the 50 to 100 foot buffer uh just north of that which also includes uh the majority of the rip wrap for that overflow at the southern end uh again uh the project is restorative in nature uh it will improve the conditions um it will reduce uh the pollution uh improving the Watershed uh conditions and uh also serve as habitat the the plants that are being proposed for the constructed wetlands are native species um a large diversity of native species that are going in for this project so um overall another great project for the town um and positive impact for the resource areas and um the interest that they protect and I did just want to note that we are requesting a wer from section 6.03 which um not to summarize it but I believe it's the replacement of any trees um that are uh have to be removed um so we do have four trees that we're proposing to remove to construct this uh Wetland there's one in the 35 to 50 foot buffer and then there are three in the uh 50 to 100 foot buffer so we've ided these tree species um and it is our conclusion that uh to to meet and comply with this section would mean that we would have to extend our limit of work uh to be able to do this and um because the the priority and the goal of this project is for water quality improvement uh we want to limit our disturbance as much as possible so that I'll turn it back over to the commission questions from the commissioners asking for questions what do I say questions from commission heard you never mind mam um just couple couple questions what do you do about invasive species are you what what are your plans for that yeah so if we encounter any while we're out there constructing obviously there will be some mitigation measures uh but we have in our maintenance checklist so every uh year twice a year uh someone from the town should be going out and conducting a maintenance visit um and in that checklist there is a note to identify any invasive species and uh remove them and manage them um and in our operations and maintenance guide we do have a sort of a list of and diagrams of the photos I should say of the common invasive species that um we we see around here yeah do we have an idea who's going to do that inspection does the inspections usually for the storm water meet um this would be a combination of in staff and hiring subc Consultants we're really expecting to to bring on a contractor that would help us with some of the aspects that mainten that not currently with yeah super good at so that's part of the okay I mean I'm what I'm getting at is it's the this is not going to be a burden to the administrator who's going to have to do to do that right is that I don't do storm water maintenance I'm talking about more along the the idea of invasive species yeah I think I mean talking about identification of invasive species because I don't necessarily think that the people who do the storm water inspections are as good about about the invasive species so that's that's my only question is like I i' I'd be concerned about that but if you're going to be if you're going to be hiring a contractor who's going to do that then that would I would ask that that would be one of those things that they I me includ this is a significant project is a great project um but with all this um vegetation frustration monitoring the vegetation is what we would require in addition to all of the requirements for the storm water anyway um so the person who would be doing the monitoring report would qualified to identify invasives and lay out a protocol in that we would have to okay as long as we get that into the conditions monitoring for invasives and general um establishment of success for the for the plants overall both in mostly inside the 100 for buffer but overall too we want to see how it's doing it's very interesting project we want to see what's working if we can implement it in other places um so monitoring reports are pretty standard but this one as well keep an eye out for invasives Okay so so uh one real quick thing I'll say about that um so uh I I do a lot of invasive species uh management planning and um used to oversee a lot of invasive species management work uh I did the Wetland flagging at this site and the invasive species uh quantities and densities were were fairly low out there overall so that always bodess well for the success of the project where it's a low it's going to be a low seed bank um of course any site that gets Disturbed in any way from construction is susceptible to invasives but um the fact that they weren't high density out there in the first place is a positive along those lines I agree yeah my only other question is what is there any work actually happening over here why does this Oak need to come out if the spillway is over here it doesn't look like let me see about that that might have just been for clearing for the rip W Spillway to install the spillway yeah um yeah I can check with our team on that it you know we had we modified it a little bit because of discussions with the town in terms of Maintenance needs so it used to extend a little bit more into that 35t buffer so we might have have pulled back and that's the reason why you don't see any more RI WP down there so there may be a possibility to save that tree okay yeah if it if you don't need to get rid of it for installation anymore it should be like our black Oaks PCH Pines are great too but there's way more of them right just one other thing I'd like just uh sort of an overview of climate change and how this uh project fits in with uh its ability to withstand over the years as the waters get more storms and so forth and so on what what's your feeling about it yeah that's a great question so in general green storm water infrastructure so that's anything that's not um pipes manholes catch basins um typically adapt very well over time to changing conditions um which is why we're a big fan of them uh especially on Cape Cod um one of the the good things about this constructed Wetland is it relies on water being in in the Wetland it has it's designed with a permanent pool and that pool can can fluctuate over time um to be able to manage storm water so I I don't have any uh concerns with a changing climate of this site I think it's going to adapt very well um with with what we can expect to come what about just size of Storms and what size of storm would it take to for this type of project to be wiped out yeah so um we can we design our systems now for the the data that we have um and so we actually did design this one it treats the the full one inch the water quality volume but it can hold back the 100-year storm so if you see um we do show the 100-year elevation uh which is just below our burm of 9.5 ft um so it's with able it's the design that we have for this is able to at least hold back a little bit of the 100-year storm and allow it to uh dissipate out more slowly retain it I get concerned about the characterization of 100 500e storms knowing how many years it takes to recalibrate and get remeasured so we're already dealing probably you're probably dealing with a the 100-year storm is probably what we our character probably 120 150 so I'm just bringing it up because of that kind of issue sure no questions yeah I just have one or two um so after this is built it sounds like a great project just like the other one is it working optimally right away or does it have to do the um plants and everything well anything else have to come together for it to be effective 100% effective as you'd like it to be yeah so with any healthy Wetland the plants are pretty critical so as Britney um alluded to the the period of time where they you know make we want to make sure that they get established um permanently and so um it will be critical for the first few years to make sure that those plants that are planted um do establish themselves um for for all the same processes that you see in a natural Wetland um to that take place um so it's working in terms of it's able to detain and store temporarily storm water runoff and you have the settling um treatment that's happening um so that all is is going to work and it's it's really going to be the the plants establishing themselves that make it a long-term uh the long-term functionality happen Okay and there was some questions about maintenance and so I would imagine if it isn't maintain it does it get overgrown you know where where it's not working as well as if it was properly maintained just to just to kind of comment on the importance of Maintenance yeah I think what will be helpful in terms of the plant vegetation is making sure that they are weeding out anything that we don't want in there like invasives um you know the our planting plan has a A diversity of plants that we've suggested uh be put in um depending again on the the marsh areas the low Marsh the high Marsh um so there's a a large diversity of vegetation that we're proposing um so I don't know if it would be so much of an issue of like limiting those plants because I think those the more the the better um it's more just the weeding and making sure there's no invasives taking over okay I I just it just comes to mind that sometimes I mean I've been doing some things with the town for a little while but um sometimes things get lost you know um for example I guess a pipe might you don't know where it is anymore it was put in it was supposed to be maintained it wasn't so what I would hope is somehow there's something that can be done to make sure that the town remembers what it's supposed to be doing all the time because I think things get busy things get complicated things get things change so this is an excellent program sounds very worthwhile and I would hope that in many many many years to come it's maintained properly and attend into properly by by the people supposed to do that yeah it's in the town's best interest to to continue to do the maintenance and um they we've now worked with them on a lot of different projects to promote GSI and I think to what Nate said they're going to be hiring or they're going to continue a relationship with one of their contractors to maintain it the the biggest thing here for for maintenance is really making sure that water quality unit is cleaned out regularly from sediment because you you know want to make sure that's clean um and then checking to make sure the Overflow Spillway is doing what it's supposed to be doing and how often should that take place so we recommend at least uh twice a year but the first year just given how large this drainage area is it would be good to go out there you know after a big storm just to see what's happened and how much sediments accumulated in the water quality unit whether they pump it out and then bring it some point okay yep just vacuum it right out pump it out okay great thanks so much yeah can remind me what was the timeline for this one for this part so we are hoping to go out to bid later this year with a completion date of like May June 2025 anybody else on the board I just want to agree with Paul that uh not something you've done but you know I walk up Seagull Beach Road and I notice sometimes I think that area needs to be looked at and maintained more so I think to go along with what Paul said something the town needs to continue to do yeah reminds me and ask about seagull yes the preconstruction meeting is in two weeks two weeks okay right or next week I can't remember it's soon okay just one more aside ing on and expanding on this idea of Maintenance that as we get more of these in the town and I'm talking 10 20 30 years that there I know they have a very good facilities kind of budget and I think that there needs to be a more of a Conservation Area type of budget that we build on and maybe come back to us even to help put pressure on folks to be able to come up with this kind of good solid approach towards coming back continually annually be sure we have enough funds for these kind of things I don't know if you have an idea of how many of these kind of things are already in Yarmouth or Nate do you know that I know there's at least one other constructed Wetland sort of Bio retention thing but yes yeah right now it's a handful yeah not that many there's few grows that's right I don't know if we could but I'd maybe still be here a few more years just one more question if I may so is this this isn't considered to be a conservation area right it's town-owned land but it's not Conservation Area should it be designated as such no no Conservation Area would not be allowed to be turned into something like this it would not it's not zoned for that I'm sorry what so conser the way like if we own if the Conservation Commission owns a parcel of land um it's part of can't do this to it you can't yeah what about after the fact though just is there any protection that conservation could give it people start so this is not it will not become jurisdictional Wetland if that's what you're asking um because of the storm water components and it wouldn't qualify as a as a jurisdictional wetland under our bylaw and definitely not under the the wetlands protection yeah again it's the town's responsibility to make sure people don't start dumping stuff in there it is I do we know do we know what it's zoned as is it just Municipal land or what department owns the land you know yeah it's very easy to find out who who owns it but yeah um it's not and I'm sorry one so will signage be put up about what this is and what it's doing and that type of thing so people going back and forth looking for a place to dump a couch or something know that they shouldn't do it there you know is that in the plan leaves you know we saw a lot of leaves being dumped there yeah sorry are you asking if there's um signage for like no dumping be signage about what the project is all about and what um so this site does not have educational signage proposed for it just because it's not as visible like a people don't walk by it as much but um if that's something that is of Interest we can consider it oh okay would change that around to say it's not educational it's somebody a warning sign just like and that's what people that dump that's the kind of places they want it's out of the way down there and they could sneak in and out of you noticed a lot of obvious leaves and grass clippings so that should actually be part of the monitoring that I mean that would that would be something to know as part of the monitoring report yeah for running across more or Les from year to yeara yeah Amanda hello good evening I just wanted to add a few extra um points it is a municipal lot that was obtained in 1970 great thank you thank you Amanda do you have anything else or uh yeah just to add on um CI does do inspections of all of our on bmps once a year we do not have any other constructed Wetlands at this time we are interested based on the reporting um that we have done in ones in the future and we understand that there is um significant maintenance we've discussed it with Highway and if there's something that goes beyond um the capabilities of Highway then we would um also utilize we have an on call contract with the land scoper and so we really want um to explore this option and um be in you know be serious in regards to keeping it maintained thank you Amanda great uh anybody else did I I didn't throw it out to the audience but I don't think there's anything in anybody in the audience who want to say anything about this this point unless there's further discussion among the board would somebody like to make a motion to approve the project with special conditions so moved second and all those in favor I opposed carries unanimously thank you very much have a good night care all right next order of business is another notice of intent for SE 83-282 Grand View Drive proposed dredging removal boat lift and inst of floats with stops within land under the ocean and land containing shell shellfish I have a note um it's on behalf of our client Paul and Jody steel requesting a continued stud to overlapping meetings in different towns please schedule us for the next available meeting uh which would be uh October 17th right yes okay so uh do I have a motion to continue this to October 17th uh without the testimony so moved second second all those in favor I opposed carries unanimously we have a continued request for certificate of compliance for SE 883-2414 and 20 Kingsbury way uh apparently we have some issues with this one right Britney yes there are um photos in here are you Nancy if you can come up um but so Nancy was sent a couple of coc reminder letters as part of our program to try and reach out to old old orders of conditions um and so then she requested a partial COC due um and saying that the plantings she was unable to establish the program was in sorry let's start over the order of conditions was in response to a violation um so it included invasive species management installation of a fence to Mark the conservation property because it was on conservation property and within conservation jurisdiction and replanting so um monitoring reports had been completed partially and she requested a partial COC indicating that the invasive species management was mildly successful um and others some of the invasives were removed but not eradicated and claiming that um some plants were planted but they did not survive so unfortunately upon my site visit um my pictures didn't load up but it appeared that no plantings had ever been completed and we never received a restoration planting plan there is still evidence of dumping of lawn clippings on both conservation property and with conservation jurisdiction including the recent tree removal um within the 100 foot buffer without prior authorization and continuous mowing on conservation property including failure toal offense marking the property boundary at the end of year three I think it's been sorry I got to find the order of conditions it's filed in 2017 thank you 2017 um so it's been seven years um so at this time I would recommend the denial of the partial COC request and issuance of an enforcement order requiring the completion of plantings um installation of the fence immediately removal of landscape debris and a restoration planting plan prepared by a professional with planting due at the end of May thank you okay so there wasn't a there was a violation they asked for a we asked a a notice of intent be prepared we issued an order of conditions right the order conditions said Mark the property line do the invasives and do restoration planting restoration planting yeah the invasives were partially accomplished the planting was not and the fence was not the fence was not and there was an issue of continued right did I just read that right there was a a a the um continued mowing on conservation property as well then that's correct okay so I don't think they meet the the criteria for issuance of the certificate of compliance either way because the work hasn't been done yet I would agree um unless there's any further discussion on that could I take a get a motion can I can I say anything during this sure only because I don't know if any of you have were part of this when we started because I know Kelly Grant was we had many meetings out there um so I I did I did bring a kind of a story Board of what took place um so you can kind of see you know what it looked like originally it it's a very dense um there's two two areas so 20 20 had mostly bamboo and other invasives and 14 had mostly frag mides and invasives so the one that was um so we were hand cutting it and we've owned this property 20 for uh November will be 20 years uh 14 we bought in 2013 um after me and my husband both have tendonitis of the elbow the brag Mighty came all the way up to the foundation of the house so we had uh tree people there at the time and we were explaining how we have to keep this cut and it and it's you know it's coming up to wear septic it it could you know that's what bamboo does I mean it's just if you had the time and you could stand there and watch it grow you would see it grow I mean it literally I have one of my monitoring reports in 2018 shows I would go back there every 3 days and it looks like I have a picture here it looks like asparagus but it literally at the end of a week seven days is this tall so um the violation happened because the tree guy said you don't have to cut this by hand I have a machine that cuts it and mulches it at the same time so we didn't so we didn't have to haul it all away that's when the violation came they didn't want any wheels down there so Kelly um suggested that we apply for this Mast D permit and just do hand cutting which we've been doing for the last seven years um so basically she also approved because the um Whitten Landscaping had recommended um the only way to even a tiny bit successful at eradicating bamboo is you have to get The Roots he says you're just going to keep cutting like you have been for the last 20 years so she approved getting a mini excavator in there on the slope and that was where supposedly the developer planted this bamboo back in the 60s and so you can you could see on the slopes was where it was planted originally because it was the strongest the the stocks were 26 feet tall some of them were 4 Ines in diameter and he said there's going to waste all your money if you just continue to hand cut it and you'll be doing it forever you have to get to the root so that was approved and we got um I think it's Heritage seed Cape Cod seed mix and that was approved to put on the slope so that continued mowing could happen without mowing of it on the slope it it shoots up and I have pictures of it so you can see what it looks like um it's a grass bamboo is a grass so you have to keep cutting it in order to keep it back um So the plan was to continue cutting we used to cut it six times a year now we're down to twice a year um so it's definitely better than it was um and when I say six times a year we probably could have done it every month um that was just what we were capable of doing and we were doing a lot of this ourselves and not hiring people now every time we hire for someone to handcut it it's $1200 um and um one other thing that got approved from Kelly was um frag mides is a little bit different breed if it doesn't get sunlight it can't grow but the Grove is so extensive so we we got approved to put this black um polyethylene fabric down um it was I don't know it was like 120t by 40t um it worked where it was placed but as soon as you lifted it up the fragm myties would come back so that that Grove is so big it goes all the way back to the boardwalk that enters to go to Grey Beach you would have to try to kill all of it or else it's you know all the root system is underneath so that was not successful but we've kept it from coming up to the grass line and up into our yard by Mo by mowing so we just kind of left that alone and um we actually haven't cut that in two years and we're just continuing to cut in the back where the the Bamboo Grove is um but the the good news is is where we've pretty much 90% I would say have eradicated the bamboo you can still see it in the very back perimeter um there's new species that grow we've got wildlife turkeys come in there now before if you look at the original picture and you may have to see these closer there was no daylight in there you could barely even walk because the bamboo was so dense um and now it's you know we've got U milk we coming in and and other plants that are not invasive that are native um I bought 700 plugs of native species along the um frag mitees and um unfortunately since I don't live there I couldn't monitor it and the deer and the rabbits pretty much feasted on it and ate all of it so that was very expensive so that was over ,000 dollar for that project and I planted them all myself um so as you can imagine I cried when I came back and saw that they were all eaten um the problem with not only with with Wildlife coming I me I'm sure we could put some sort of mesh or something to keep them back but there's so much root system from the bamboo and the invasive Wild Grape Vine that for anything to grow you would literally have to rake up probably more than a foot of debris that's just kind of taken over and and built up over the years um the other thing was um people use the back of this you know that previous conversation that you had about people dumping mattresses they would dump construction materials back there we hauled away four dump trucks full of cinder blocks and bricks and all kinds of debris and you didn't see it initially because the bamboo was so thick but not until we started clearing it out it showed that there was it was a dumping site um and we've pretty much got all of that I walked back there the other day and there's a there's a little remnant of some bricks that um not a lot that need to be um need to be picked up but again all this was done with us paying for all of it none of this was assisted by the town um this doesn't help my view at all it's all because I didn't want it to come up to our yard and you know we would we would come down here this is the second home we would come down after two weeks and you would see the asparagus in the middle of the lawn thousands of them so we've definitely got it this was the way to go um the tearing up the roots in the on the slope was very successful um and there's very minimal bamboo now and it's manageable to for us to cut that as far as a fence um I spoke with Kelly about that we're not willing to pay for a fence I don't know what what the need of a fence would be um so the major problem with this is um severe encouragement on the conservation property um you're about the the town of Yarmouth owned conservation land which you're currently Mowing and doing this management have to mow because it's the only way to keep the bamboo from growing you're doing it on property that's not your property so that's why the initial violation notice went out um and the the fence needs to be put in so that you don't continue to encroach on the town of we have to mow that so if there's a fence but it's not your property you're not allowed to mow on somebody else's property well it's not even mowing we're not you're not allowed to come on to somebody else's property and do anything without their permission and you weren't granted permission that's why they that's why they asked for the fence in the first place so you would keep off that again this was with Kelly she said it you can't have Machinery going down there it has to be all by hand and that's what we approved for with hand cut it doesn't give you the right to well there's no other way to keep it back how do you so you should have filed for an extension CU your permit expired in 2021 and since then you've been continuing to encroach on property that's not yours and doing these activities without a permit um so we're still having there's still a problem and I understand you're still fighting these invasive species but you need to have an active permit or permission in order to complete work on the town of Y conservation property and I don't know if we could get if Kelly is still local what she told me was all of Kelly's documentation is amazing we have everything on for this and I said said you know I don't mind spending the money to do this but this is an ongoing thing this is going to need cutting ongoing and she said when your permits up you will have permission for ongoing trimming so after year three which would have been 2020 um you're supposed to submit a restoration planting plan including a 20ft vegetated buffer including large and small shrubs not just perennials um and that was never completed so at that time that would have been the time to ask for permission for ongoing maintenance um but that was never completed so we we can't go backward and make that happen but we can start trying to do something now well the replanting it did happen it just wasn't successful and um at the time she said we couldn't because of what I said of that buildup of root systems and in dead stocks nothing you can't plant in that it's like planting in a pile of you know decayed leaves you need dirt to plant in it so at that time she said I we didn't have permission to bring in any type of soil or anything to plant in so we had to kind of make do with what was there um and again if you wanted to scrape all that to get to the Natural layer you would need equipment to do that it's just too extensive it's too big um and you know we we could do maybe a you know a a I don't know maybe a TW foot border along the whole Edge and see if that establishes to to keep it from going and crouching up the slope I don't know if that's something that you would be willing to do but I think the root of the problem here is that the the methods that have been employed are not the best management practices for managing um fragm mies at least I'm not actually familiar with managing bamboo but for fragm mites um mowing it is is not known to be effective it's known to be ineffective at managing fragm mites and um if you were to work with a professional who who does that for a living and is you know well versed in application in herbicide you'd be able to get much more much better control on your property I didn't want to go with herbicides I mean there's water there especially with the fragi the bamboo was dried but the fragm mites is underwater yeah so I I I can't see like in my mind it doesn't make sense to put herbicides there that could you know to go into the waterways as opposed to and that's fine that's your opinion but um in concerning the order of conditions it still has not been completed um so going back to the COC request um the certificate of compliance would not it hasn't been the terms of the order of condition have not been met um so I don't think the board can issue the certificate of compliance so what I I guess I'm not following what you need done at this point I mean the fragm myties we stopped cutting like I said we stopped over a year ago and just H weed whacking that slope where that Harvest seed has been planted is working it's not coming up into the grass anymore into our yard it is however creeping over to where the bamboo was but can I interrupt um we're dealing two things your actions and a permit we can only really deal with this from a permit Viewpoint y so until you have a a plan submitted to us yeah we can't give you permit to do anything you and you're asking us questions of how to do it is not going to do any good because you need somebody to help to design the re what uh Britney's suggestions some things and but the really it's a private matter with a design team that you pick and pay for and but you you need to come to us with that so so I need app for another B Mass D permit no no it's to us okay so so that I don't I'm sorry to interrupt can you sit and speak into the microphone so that our um online viewers can hear you thank you so I don't have to pay the $500 for each property like I did in the past for the mass D um what I would be recommending is issuance of an enforcement order to carry out work with permission through the enforcement order I think that would be the fastest easiest way to do it uh I think you definitely need to have help uh From A Land Land Management specialist uh to design the restoration and uh finish the work that needs to be done um yeah I think you need to you certainly need in terms of the the certificate of compliance at this point you do need to do several things that uh in order for you to achieve at least get the the minimum for uh the certificate of compliance and the chief amongst them are is the mo well the mowing has to stop because you don't have a permit to to mow or cut at all at this point um then the um where is it here the 20 foot buffer I can't yeah so there there's a 20 foot buffer strip is that there is that no that's not there okay so the 20 20 foot buffer strip that would be part that would be covered under the uh enforcement order restoration the restoration order and what does that buffer consist of is that fo buffer strip of native vegetation shall be planted adjacent to the delineated Wetland resource area as per the the approved planting plan so you'd go back to the approved planting plan that was part of this original SE 83214 it was it was to be submitted so it never we never never submitted yeah okay so you would need to get a landscape or a Land Management professional to help uh design that that plan that restoration plan uh then you would also need to put the fence and it's very specific in the order of condition as to what you're supposed to do um I don't know why I can't find all a sudden but by end of year three the project of the project a single roil fence shall be erected to delineate and demarcate the conservation property with a sign indicating that its conservation land beyond that point which is special condition number 18 so we're really down to special condition 11 and 18 are the two main uh hurdles free to to in order for you to get the the certificate of compliance yeah and 12 which is no lawn Beyond noted but yeah so is there any discussion on that fence no there isn't so that has to be put up or or this will never be closed and you be in violation that's a really long fence well you agreed to at the time when you when you did the D filing you you agreed to that as part of the unfortunately me and Kelly had a lot of conversation while we were there um and all that was brought up and I didn't I you I would not have agreed to that the fencing part and because we were kind of looking at let's see how far this goes how how successful it is um but again you you applied for a permit i d permit se 83214 you were given a permit to do certain work the order of conditions was listed there in order for you to do that work part of the thing the part of the order of conditions said put the fence up at the uh at the designated spot do the 20 foot restoration or U buffer strip uh what else 12 no LA and no lawn shall exist in the native vegetative buffer so you agreed to that when you when you made application and accepted the the permit and then you started doing work that you had proposed to do and you haven't completed that and if you haven't completed it I mean those are significant those are significant things that they variations from the from the order of conditions and until you get those things accomplished I would not feel comfortable asking or or issuing a certificate of compliance for this project uh and I think that there are enough things that that have been done here that need to be corrected and that's what the enforcement order will allow you to do the the the permit is no longer valid it expired three years ago um so that'll be a separate part also in valid so the enforcement order is really the only means for you or that's the easiest means for you to accomplish what you need to accomplish uh by by issuing the the enforcement order so as far as the I I guess again it was a misunderstanding when when me and Kelly met there and we talked about digging up the slope where the concentration of the root systems were and planting the Heritage seed um that's that in my mind was the buffer because and and if you and you can't put a fence at the top it just makes it that much harder to be able to to keep that from coming back if we stop hand cutting we're back we're back where we were seven years ago again there was nothing saying you going CES you couldn't you couldn't hand cut it said you couldn't use equipment right we couldn't use equipment with wheels under no circumstance and any part of this permit that you had allowed you to cut or control invasives on conservation property see that Kelly said we would have ongoing for your project for 14 and 20 kingsbery but not going on she did not tell you to go on to on and trespass onto onto uh another person's property another property she said as long as we were hand cutting that would be an on ongoing on your property but on your property have to hand cut on our property we can mow on our property it's the hand cutting was decided because she didn't want wheels or any equipment tracks but at no time where you given authorization to cut on the conservation property that this does not cover the conservation property you trespassed no that was part of it though that was what the permit was it was not I assume that you came to a meting to get a vote so when you came to that meeting and I don't think I was on the Conservation Commission I know was anyone here on the conservation you were no nobody was was it I'm sorry we have the signature sheet no that's 20124 2017 I think um Rick Phil liasi and my point is you were here at a meeting yep you heard what was discussed you heard what I assume they said here are your conditions including the fence and whatever else is listed and either and and they voted yes and that's what you have to do you can say what you do with Kelly all you want but the fact is in writing you have to do what's in that in that form and you have to get that done and you're not going to get a certificate of compliance until that's done so is there any way to approach this from the standpoint where we're not throwing away seven years of what we've done and what we've accomplished and reviewing it as it as a New Concept now so including in the restoration plan that will be prepared by a professional um you can continue to manage anything that comes onto your property um beyond the restoration buffer plantings that will go in but beyond that I it doesn't seem like the commission would be willing to Grant you permission to continue managing anything off of your property well I and I don't need to manage down there I don't want to manage down there once those invasives are gone I mean specifically the bamboo I mean that that's what my point is and that's what Kelly understood was you would probably need ongoing cutting not knowing how successful it was going to be it's it's actually there there's there's a you are able to manage these invasive species from coming onto your property without trespassing um and we would be happy to give you included in the enforcement ability to manage these invasive species once they cross the boundary onto your property um the word does not want you to continue managing them not on your property see that's where and you even said yourself that you're not familiar with bamboo Bamboo is look it doesn't matter in the terms of your if you don't keep cutting it it doesn't matter what the species is okay you had a permit to do work you did the work or at least partially did the work but you didn't follow the conditions of the of the order that that allowed you to do the work and you trespassed on another's land to do the work okay you are not allowed to trespass on other property okay this was the conservation property that you trespassed on was not part of this this uh this um this uh permit it clearly tells you exactly which so it was it's all conservation I mean that the permit wouldn't have been applied for if it wasn't conservation it's the property of the town of Yarmouth right but it originated in conservation I wouldn't have the my yard between conservation jurisdiction and conservation ownership so it is both right but my point is is if it wasn't in conservation we wouldn't have had this issue because we would have taken care of it you would have still been in the buffer zone and so you would have had to apply for a permit anyway but okay so back to the buffer zone is that seed that appr is that considered a buffer zone because there's 100 feet from the edge of the Wetland is a jurisdictional buffer zone under the wetlands protection act okay so and you were intended on reating 20t of that buffer zone which was never rated even if you tried it didn't establish um so the grass did though that seed that Heritage seed that got approved by the board Kelly I mean the board required large shrubs to be planted which that's beyond that's beyond the slope then so it was vegetated buffer shall include large and small shrubs so no it doesn't count if you just did seeds because you didn't follow the conditions beyond that has to be shrubs okay and that's why they asked for a plan to be submitted which was never submitted no the the the the the um I did submit a plan with this is the plan do you have it we have all the different wild flowers and everything yes but she in like she specified that you needed a different plan oh so we didn't have that conversation because the plan shell include large and small shrubs okay all right this was her conditions all right when yeah when we spoke it we didn't get that far it was we were still trying to get rid of these invasive species to allow for planting so do we need a vote on the COC and the yeah so the first thing we need to do is deal with the certificate compliance I would I would U recommend that a a um motion be made I I don't think we should be issuing a COC okay so motion should be made to issue one and then yes correct so would you that's right see learn something that's good um so would son like to make a motion to issue the certificate of compliance for SE 83204 is there a second okay uh all those in favor say I opposed Nay n n so okay it's so the COC does not pass okay uh we have also asked that Britney file a an enforcement order which we have here uh and that will cover the that'll that will direct you to specifically or do certain things and and that will be in order for you to uh get yourself back into compliance and U achieve the the work that has to be done in order to get the certificate compliance as well okay and so so am I applying for a new you don't have to apply for anything for anything okay so I just need we going to issue an order the planting the order will tell you that you need to install the fence you need to um come up with a landscap with a land a Land Management special should provide a restoration plan that addresses the 20 foot buffer and what else am I missing removal of landscape debris um and additional trees must be planted in order to account for the large Cedar that was recently removed from the buffer zone without approval okay so there was another tree that was cut down it was a large this the cedar we just a cedar died over the winter and a black pine that were both in our yard way up y they were still in the buffer zone it's 100 ft oh well they were both dead I have pictures of them that's they you still need to request permission to remove them since they provide valuable wildlife habitat I wasn't aware of that I thought if they were down there but what do it have to be within 100 feet you need to get permission yes okay well I have I have pictures of them As Dead As Dead can be they would still need to be requested permission to remove and be replaced okay that's all okay um vfor yeah that's the enforcement order conditions all right so now uh we need an issue a motion to issue the enforcement order with the special conditions uh of restor um yeah the enforcement order conditions list that we just we just uh discussed what's that time frame for that um the plant restoration planting plan what do you think in two months I would say two months that's what I had yeah in two months and planting completed by the end of May oh and the land well so the landscape debris I think you can remove that within seven days and the fence um the fence and the sign I think well i' I'd go 30 days on that okay the fencing needs to go the the whole width of both properties yes at the at the boundary at the boundary so that would have to be surveyed it would well wasn't it it should have been surveyed as part of theal it was surveyed they didn't provide it it was surveyed back when we had um not 14 but 20 was surveyed because we had done construction back in 20 7 so she Kelly had looked at those surveys but that wasn't wasn't surveyed they didn't have a plan ever submitted there was no plan associated with the project yeah there wasn't a survey of I mean that's that's so that's going to throw everything off that's I mean you're never going to get a surveyor out there in in 30 days so um we'll switch it to 60 days and and uh if there's any issues that you can't that you need to contact Britney and let her know in advance that you're not going to be able to find the surveyor in time to do that work okay okay do not and I am very serious about this do not call her up the day before and say I can't find a surveyor right because I ain't going to buy it and I'm going to ask her that she that she issues a $300 fine for not complying with the enforcement order then so if you so start looking for your surveyor right now and if you can't then give her fa notice that you're having issues okay okay um we still need the motion so I have a motion so MO is there a second second all those in favor opposed cares unanimously only sign the top forms do not sign the bottom all right and so Britney will send you uh once she writes the enforcement order uh she will send you a copy of that you'll get you get a copy of that in the mail or by email I'll do both okay okay and then uh like I said make sure you start looking for a I mean I would start looking for a Land Management specialist and a surveyor uh immediately and you might actually I mean if you get the right Land Management specialist they might have um some sort of a tie in with the surveyor that they use all the time make have any suggestions for anyone or we can't recommend anyone but I can send you a list of people who have submitted things like that with us in the past is this still your mailing address 6 Adrian yeah okay y all right okay thank you for coming in thank you right next order of business is a request for a certificate of compliance for SE 883-2273 uh jod and Paul steel 66 Grand View Drive and I understand we have an issue in that uh there was a plan that was submitted but it does not reflect the current conditions on site and so I would assume that we need an asilt plan a new as built Plan before we can do anything so I would recommend uh continuing this until we receive the uh as Bill a stamped stamped as Bill it was stamped is there a motion to that effect yeah that Jack yeah is there a second I'll second thank you brf um all those in favor I opposed car is unanimous other business uh do we have the approval for meeting minutes for September 19th 2024 I actually didn't look at those I don't think I got one so I mean if I did I didn't look at all right so I will table the minutes for I can do it if I read them but if you're the only one and what all right so I'm gon to T I'm actually going to table this until everybody gets a chance to read them so I'll table this to October 17th couple days ago yeah it must have been with with the uh yeah was the agend Finn agenda okay I just my fa so we'll just we'll pay until the next time around uh regulation updates will be reviewed at the meeting on October 17th so everybody has had a chance to see the all right I know we've all received the um updates or the proposed changes is are new anything additional to that not since I sent it to you what not since I sent it to you okay got some comments that I'll pass on this you were supposed to send them before Jack what you were supposed to send them in round one of review I know send them soon well that's what I said have they already posted they have been posted well then we can't accept anything we I mean we could well no need to talk about what uh but that was why I sent them out all like two months ago for for view for comments I got comments from everyone else comment well we can accept your comments as and and revise if needed but I'd rather revise and then repost I'd rather have them posted so everyone can see what what we're actually voting on yeah it's a matter of if they're minor time around second time are they minor one is is the yes there's a spelling that's no big deal okay that's super minor second the first one is the definition of uh 100 we can't change that because that was as we wrote it in the bylaw and that's my point is that in fact um if you look back at the states ours is different they don't do it with mean annual high water line they do it with mean annual high water line period meaning some March through early April in most cases so yes when it contains water and that's not in here so uh actually your buffer zone could be awfully impacted by that okay we can consider looking at that that's a future thing if you want to don't want to deal with it it's already in the bylaw but we can we can look um but yeah those have been posted we'll review them October 17th I got one application today so it should be just continuances and one new thing next time in addition to our regulations update so that's always good got one application yeah so it's a it's going to be a light meeting for us to review the regulation continu right yeah I thought you application for new oh also um Finn has announced that he is leaving so we are on the hunt it has been posted today the conservation agent assistant job if you have any anyone who you think might be interested please let them know to apply as I need help can I ask you a question about that when um when that kind of thing occurs and it's happened a couple of times for somebody I'm hoping that somebody in in the town government comes to your assistance with somebody on a part-time basis or something like that is it they have not in the past okay um have you asked them I have not I will I would ask them and then they say no I tell the commission that they said no you know so you know maybe we could help you with that yeah I mean the only issue with that is that I mean it's you know you there is some skill that's necessary to help out so it's not it's not the easiest thing it's not like you can go to a a tent pool and say oh here send somebody over um I think I understand that but I think you know is there anybody and maybe the answer is no we don't have anybody but I think just almost like common courtesy you should say to somebody in a department when they're down a person and looking for somebody Hey listen we could send so and so over to help you with something I mean that's what I'm you know and and you're not looking for somebody who has all the expertise you know that's all yeah spread the word um any other updates anything else no we just continued our guided walk Series today Pat and David were there um hoping to oh thank thanks I think it went well we had 15 attendees I'm hoping to do our next one at calorie darling maybe with the help of Ed with some bird stuff to add are we doing calorie drawing or are we moving at to Seagull Beach okay it's up to you you're you're the bird expert but those have been going well um okay and that's all um I was just going to commend you I'm sure Pat agrees on your thanks on your ability to educate us and find good places to go and as usual I hope hear that because you should come to the next one and I hope other people in the Town Offices here what a great job you're doing thank you you get to learn lots of fun facts about plants and where is the next one um hoping to do either calorie darling um and then the last one I want to do the Historical Society Trails behind Yarmouth Port uh post office okay the recently damaged post office oh was it no God somebody ran into it luckily nobody was killed G par post office a Cadillac went through the front door oh my gosh wow yeah but no nobody was hurt nobody was there thank God that's good that's that's amazing because there's not a lot of room in there no there isn't talk about lucky picture must have been mov was did you see it haven't been up this in the neighborhood next and I was taking take a regular picture of it like that okay should we adjourn we chat all right uh any further uh any other and any other business not reasonably anticipated just look if not would somebody like to make a motion to adjourn so moved is there a second second