##VIDEO ID:QZJj0-CO8Y8## because of the length of this agenda should I table the first item we'll just table until the next week be short table to the end of the the no table well I was going to say we could take it out of order and we'll just wait make make them wait until the very end we we we figured out I was just going to put your item all the way at the end so you get the yeah I think enjoy one last s through through all of this right no right we're up all right welcome everybody to our regularly uh stated meeting of the Yarmouth Conservation Commission this is the meeting for Thursday September 5th 2024 this is to formally advis that as required by General Law chapter 38 sections 18- 25 and pursuant to chapter 20 of the acts of 2021 an act relative extending certain covid-19 measures adopted during the state of emergency signed into law on June 16 2021 as extended by chapter 2 of the acts of 2023 the armouth Conservation Commission will hold a public meeting at the date and time noted above the public is welcomed 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 uh for the Yarmouth Conservation Commission uh Thursday September 5th 2024 our first order of business is recognition of service to the Conservation Commission of I have to call her Ellie because I I'm not used to saying ellar and I can't say Richard Rick Bishop so are those two people out in the audience you want to come one up we have a looks like we even spelled your names right and everything so well I don't know my name spelled a little different every time I think it's the the official way but anyhow so uh for those of you are who are watching at home this is Rick and Ellie they have both been long-term Commissioners on the commission uh Rick was just you just hit your 10 years that's what I like to see and what oh we this we'll have to scratch that I'll scratch I'll scratch that out and correct it for you and Ellie eight years is that right okay so uh the the plaques we have two plaques it says in grateful appreciation for your 10 years of service 15 inspiring leadership and enduring commitment to the town of Yarmouth Conservation Commission your efforts have made your community a better place and so this is for Rick come one up you on the board here thank you I think uh i' like to recognize all I've learned from Ed Hoops over these years these 15 years he disappeared for a year or two but came back and anyway thank you all very much well you know why I left because I I came back because I wanted to get the dinette set and I was just going for the dinette set so Ellie come on over the same thing again we have the same thing for Ellie this is eight years of service again thank you very much Ellie Miss and I have learned quite a lot and I'm still around so if you guys would like to stay around for the rest of the meeting feel free to do that but all right thanks again you guys all right uh with that our next order of business is a request for determination of applicability as the town of Yarmouth 99 Buck Island Road in various streets proposed sewer beneath the road layout within land sub coal storm Flowage Riverfront area and the buffer zone to a bordering vegetated Wetland and Coastal Bank thank you thank you thank you Mr chair uh Mike Judy from CDM Smith representing the town here with um Magdalen lofstead as well and [Laughter] Louie um so as you mentioned um we're here for a request for determination of applicability for um two of the contracts uh again these are part of phase one of the town's comprehensive Wastewater management plan as you're aware uh two of the contracts contracts two and three are currently under construction uh contract 4 uh was just bid a couple of months ago and is soon to be awarded so that construction would stop pretty soon and um the subject of tonight's hearing is on on the two remaining contracts uh SE collection system contracts in Phase One contracts five and six um and you'll remember we were here a couple of weeks ago and there's a continued hearing uh subsequent to this one uh regarding a couple of the pumping stations in the Park resera Crossing that we'll defer discussing until that item comes up but generally here's an overview of the program uh the color areas of as I said phase one uh so this light green area here is contract two that's currently under construction yellow is contract three and the blue up near the Bass River Bridge is contract 4 so subject of tonight's hearing uh for this particular item is contract five which is shown in Orange here generally extends from the Parker River just a little east of Parker River from Neptune Lane up to hickin cwl Road and then contract six extends from that point at hickin cwl up to the uh Barnsville Town Line in terms of specifics uh contract five um excuse me it's just over about a a mile and a third or so of gravity sewer pipe again this is all in Route 28 this is essentially the main spine of what will be the town system in future phases uh the system will expand out from Route 28 so this is all the bigger pipe up to 30in gravity T to serve all the uh neighboring streets along the way so the main again the main spine will be in Route 28 and what we're doing for each of the side streets is just extending a stub to get the sewer out of Route 28 so that in the future when those areas are expanded we don't have to get back out into the state highway a couple of the streets we extending a little bit further but for the most part most of the streets are just a short stub uh to get the service from those particular side streets in future phases um there's also a fair amount of force man um one of the pumping stations again that was a subject of the notice of intent is on pumping station number three which is down at the river uh Riverwalk Park project down at the old Drive-In site uh that will pump flow from this area up to the uh water resource recovery facility on on Buck Island Road and we'll talk a little bit more about that in a minute so all the work again is in uh within existing streets with the exception of um a path through the Cranberry Bogs so we're going to uh I'll show those in a second um the Force main from pumping Station 3 up to the treatment facility will pass through and along the access roads uh through the town uh bog area so this is a limited this qualifies as a limited project uh there are impacts to um land subject to co STM Flowage uh that flood elevation is elevation 11 and then also some impacts that we'll look at in a second uh to areas within the buffer zone uh 35 ft no disturb and 50 foot set back area so this is uh just have a couple of sheets again this is the really the only portion of the project that isn't in a paved area this is off the end of arbitus path uh follows along the access roads um along the bog so in this area we're within the 35 ft no disturb Zone but again we're with within um within the existing established roadway system Access Road system through the blog area and then just a continuation like second sometimes oh there we go sorry went too far there we go just a continuation of that system and then running running up to this is the existing uh area behind the town water department this is off of Buck Island Road so this is where the water resource recovery facility the treatment plant is going to be constructed so we're bringing the Force main up to the site and then uh the contractor that's building the treatment facility will extend that pipe into the actual treatment plant then contract six again uh will Connect into contract 5 this is the area from hickin cwl up to the B vable Town Line uh just short of a couple miles of sewer up to 24 in gravity line and there are two pumping stations uh one located next to mil Pond and the other next to mil Creek um so Force Mains associated with those again uh temporary impacts to land uh subject to Coastal storm Flowage it's just a overview of the project again hickin cow was down on the right hand side of the sheet and Bar line up on the left and then for both projects you know standard mitigation measures um State compost logs within areas within the 100 foot buffer zones uh Inlet protection for all the catch basins in the area and then uh spill control measures taking place outside of the buffer zone areas trench dewatering Dew watering from the operations of installing the sewer will be put through a settling tank or sedimentation Basin for discharging um contractors have to submit a dewatering plan for review for your review um and then obviously a stor water pollution prevention plan and construction General permit so in terms of impacts just over 15,500 square fet of temporary impacts to uh land subject to Coastal storm Flowage again those areas all be restored to preconstruction conditions after the work is completed did I miss anything thank you questions from the board I have one question sorry um when do you think that these contracts will be sent out for bid so they're actually and I I guess I failed to mention they're actually both out to bid as we speak so um contract six was put out a couple of weeks ago the bid opening for that is actually next week and then contract 5 will be the following week and once the contracts are are given when do you think um construction will begin uh by the time the contracts get executed um and contractor gets a submittal in and approved it probably wouldn't be until you know toward the end of the year beginning of next year depending on contractor schedule what he what other work he has going on how quickly he could start so not that that long I mean coule once hopefully it won't be that long we'd like to okay like to get the work going and roughly two and a half year construction window for both contracts so they won't be able to do any work during the summer I assume since it's Route 28 no work in Route 28 during the summer that's correct yes that's it Jack uh cons looking at your current knowledge what uh is the water quality you're talking about the dewatering and you've got other other filtering devices what do you expect those to be I think they T the contractors that are working right now are just using sedimentation Basin so they'll just pump into a a basin whether it be a I think rbo is actually using some trucks yeah they were just standard basins with Filter Fabric in them but they have the opportunity to propose something else that we don't have it yet U depending on the quality of the water what do you mean well the contractor will submit the dewatering plan to us later oh okay we don't have it yet yeah right anybody else Brittany anything else no questions thank you anybody in the audience have questions on this one uh if not somebody anybody body on [Music] Zoom all right uh if not then would somebody like to make a motion for a -2 andg -3 so moved second second all right um this has to be a Voice vote so uh MN I frost oh yes I Huggins hi and the chair votes I carries unanimously all right thank you thank you just you can keep the mouse I'll just navigate one you're good Britney yeah you're good okay uh next order of business is a continued request to amend order of conditions for SE 8323795396 I don't always like oops nobody's saying anything yes so I don't know if you want me to run through the issue um that we talked about last time but basically uh the contractor this is contract two I'm sorry contract 3 contractor is working on predominantly on the issue is predominantly along Southshore Drive uh where has deep excavation shallow groundwater um during their construction operations this past spring they were having issues finding a suitable location to to discharge uh the the dewatering effluent uh from the trench essentially groundwater that he's pumping out of the trench uh so they had proposed uh the idea of actually pumping into the ocean uh submitted uh submitted we submitted on their behalf uh a request to amend the existing order conditions that the commission uh issued last year for uh construction of the pumping station at 170 sore Drive um and they had submitted uh their plan to install a series of three different uh three different locations sedimentation basins with overflows down into the ocean um below the low tide line uh in order to have uh an appropriate place to discharge all the groundwater that they're that they're having to deal with installing the sewer okay uh question questions from the board so we are um still waiting for DMF comment they did get back to us today and they have requested for more time for their shellfish biologists to review the discharge into the ocean since it's suitable habitat for shellfish um I understand that will cause a delay in implementation but we do have to wait for their comment do they have an idea they didn't say they didn't say they asked similar questions that I asked so um I'm sure you have the information to provide them pretty quickly to answer their their questions for more information um but they said they need some more time I don't know if I you'd be willing I'm willing to go ahead Ando pending unless there's some other uh objection I think I'm willing to uh approve contingent upon contingent upon whatever their comments may I guess yeah we we'll just have to continue solely for the comment for for a DMF DMF comment I think we have before um approved as long as the applicant is okay with accepting all of their comments yeah I mean are if you're willing to sign on to that we can just say we'll sign off now contingent upon you adhering or including all of the all of DMF comments um if you want to I think they head your bet yeah they passed along they passed along a couple of questions today again as Britney said similar questions to what she had that to she had asked at the last uh hearing um in terms of how much water uh they anticipate to uh discharge um that's tough to say obviously because this is a you know it's 24hour 7day a week operation it's not something you turn on and off at the beginning of the day and you know and shut it off when you're done so it's 247 for probably about 6 months so it's it's a lot of water we're talking you know millions of gallons probably by the time they're done um so that was one of their questions uh the other one was minimum time that the water would be allowed in the Frack tank the S sedimentation Basin their response was 10 minutes um and their third question was would the discharge pause if the currently approved shellfish growing area fails two consecutive water quality tests and their response was that discharging will pause if they Direct Ed by the owner and the engineer so they understand that there might be implications or impacts if for some reason what they're doing is causing causing an issue with the shellfish so those are the responses I don't think we've had a chance to pass those back on back to them yet they just came in this afternoon so um so I mean so if you're are you comfortable I mean it's entirely up to you uh whether or not we approve like I said contingent upon of essentially incorporating all of DMF comments into the order of conditions or if you want to head your bet you can continue to a date certain and we can only continue we'll continue it only for discussion of BMF comment no I think we prefer to close and accept the only other um concern I would have is um that it would just be monitored and if there is any ocean scour observed or any other AD impacts that um you let us know immediately and provide a um adaptive management plan as to what your next steps would be okay and if there's an emergency situation we would come to a meeting but that would just be a regular condition okay I would agree with that yeah I think it's a good idea it's reasonable could you describe for me again probably the actual physical characteristics of what this diagram is and what it really the water flow looks like and is it going out parallel to the bottom of the sand is it being directed upward upward yeah so that was in response to one of the questions uh comments from Britney about the scouring um rather than putting something else on you know whether it's a some more concrete uh pad or something to help uh minimize the potential for scouring uh they had originally proposed a 45° bend on the end of the outfall pointing up and they came back and said okay we'll put a 90° bend on it so that water will go straight up before it comes down and potentially uh that's what so dissipate some of the energy that way that was their that's what the barrier does that's what they're proposing to do yes so they'll have a 90° so the the settling basins will set up in uh believe two parking areas and in one street and then with a pipe running down the beach out into toward the water and then a 90° Bend at the end of that pipe so that the water will come down and shoot up before it spills out on into the water you said they're coming out to the low below the low tide yeah the low tide line low tide line not sure just distance how that how far that is so was this drawn by the contractor or yes this is all from them this is we this is not an engineer drawing well they had an engine no we would produce something a little bit different yeah I just I just want to make sure that this pipe can at a 90 Dee angle can handle water 6 to 8,000 gallons of water at 13t per second yes without an engineer confirming that I mean did did you guys do any calculations or was this just the contractor's idea this is from the contractor this is what he's proposing we don't dictate to him what yeah but have a say in Hydra Hydraulics Hydraulics well the first question is is it going to be able to the 90 degree Bend sustain is it going to bust out what's what kind of you know quantity of water are we talking about going around that 90° so this is all um highdensity polyethylene pipe so it's fused together so that's the so there's no joints to come AC it actually gets heat welded and butt fused together so I wouldn't have I wouldn't have a concern about if that's your question if if the 90° Bend could withstand I don't see that being an issue okay and how far well getting into really you don't know how much it's going to be how high it's going to go or how much of an impact until you're like we found out if there's scour and so for so we'll find that out later on I mean the reason I asked my question is I'm just picturing this water going up and coming down forcefully and hitting the underneath the you know the bottom of the of wherever it comes out and then scouring as opposed that's why I asked how far out it's going to be you know how deep that water is going to be and I can't tell from this that's my only concern but if so other people say it's okay I'm yeah understood yeah I don't think there's any way of really fully determining it based on what is drawn here yeah because again it's it's not an engineered plan um but I think the I think really the only thing that we have to to set our hats on in the end is the fact that we will put a condition on that says if there's any scouring being observed then it becomes a critical thing that has to be has to be corrected right then and there and I would think that we would be looking for a a quick quick resolution to that bringing in Engineers yeah if it needs to be corrected if they have to bring in an engineer do it that's what they'd have to do then and you're willing to let them do that after the fact if there's a problem whe rather than beforehand I personally I don't want to put but is there a reason why you couldn't design something like this with their with their input and put it on a plan that we that we would have a better understanding for of of what what's going on or it's not something that as an engineer you would R would just not do yeah we we typically wouldn't for a situation like this this is this is something the contractor is proposing if if the ask is you want him to have an engineer to submit a engineered plan that's something he would have to that he would have to do let me ask the question this way then uh so we go down the line here where we have everything installed and we start seeing severe scour going on um what are our options at that point I mean can we shut everything down is that is that something that's physically possible to shut it and stop it from from occurring if that's a condition of your order then they would be required to shut it down certainly and come up with a solution that would mitigate that impact that would be my I guess that would be my determinant is like if if I can stop it then I'm not as concerned because we'll be watching for the scour and if we see it then we can stop it but but if we see it and we can't stop it you know because of for whatever you know you can't do that because you you're backing everything else up or something I you know I I I guess that would be my only concern but if there's a means of stopping it then I guess I'm okay with it we're going to stop it every summer right it's only for the winter months if I'm correct yes but it would be continually discharging through the winter but it will be able to be stopped for the summer month he's not allowed to work there after Memorial Day correct so there's a way to stop he's in right well he's intending to finish that work before the summer season but to Britney's Point yes it's going to be running 247 until he finishes that street so I guess that's my well it's probably not that part of our ation but what's that going to do to your schedule and getting work done and so forth is that what what are the issues that that brings up if it goes let's say a week that has or a month stopping it well that's that's kind of my point is is it worth approving beforehand without any assurance that this is an engineering is a sound engineered idea or is it worth getting a plan with a little bit more thought put into it to ensure that the system can handle six to 8500 gallons at 30 13 ft per second for 6 months straight without having to interrupt service throughout the program until Memorial Day when it's finished is it worth guessing this looks like a well that's I mean that's so that's what I've been trying to get at it's like but it doesn't seem like like the engineers are willing to willing to do something like that how long would it take an engineer to come up with a plan and could they do it within the next two weeks to our next meeting I would assume so yes that we just we don't we work for the town we don't work for the contractor so we're not designing his so if the town says you got two weeks could you do it I would say so yeah I'd be more comfortable waiting for the engineers well then let's do that I just don't want to prove something and then find out well we're stuck and then we're ruining those beaches in that area yeah I I'm it's two two weeks so rest of the board more comfortable with that with that option sure more comfortable but I all you with this yeah I I I have the same concerns you you do it seems it's a little bit of a rub Goldberg drying and I'd like to see something a little bit more specific like all I could see is like uh Gees of water going like 40 feet in the air along the beach I have no way of knowing unless an engineer prepares something you there am I still there yeah no you're we're nodding our heads you you're just not hearing it that's all all right yeah thank you that's it so I agree with the sentiment on the board at this point in time we haven't cut you off yet yeah so okay thanks uh was that your only question then Paul or comment yes yes okay uh so given that what kind of a what kind of a time frame you're looking at is it something that you you could feasibly have done by in what two weeks which is what is it September 19th is our next meeting uh I all I'm going to tell you I will not be here at the at the next meeting so I think it it would be better to oh I mean as long as first October first meeting October probably won't want to do that they probably don't want to do that as long as everyone else plans to be here well as long as everybody else plans to be there then but you'll have one two three four you only have four PE it will have to be a unanimous decision might have the new person they can't vote on they won't be able to vote yeah can't go that I don't see any the the preference would be not not to wait until October you're looking for the 19th okay if that's the consensus the board comments from the uh audience from Zoom all right uh then let's uh do I have a motion to continue this uh to September 19th so moved second all right U Pat yes Jack yes David yes Paul yes shair votes uh continue to se uh September 19th oh Pat all right that one off 19th our next order of business is a continued notice of intent for SE 83244 2 town of Yarmouth 316 669 674 700 and 728 Route 28 proposed gravity sewer Crossing beneath the Parker River and three pumping stations in land under the ocean Riverfront area land subject to Coastal storm Flowage Coastal Bank and buffer zones it's the CDM night tonight it is thank you once again Mike Judy and and Magdalen lad from CDM Smith um so this is a continuation of the hearing from last time uh as you indicated uh two of the three pumping stations that we just discussed uh pumping station number two that's in contract six and pumping station three that's in contract five uh um both within the flood zone um in addition we have a proposed uh siphon via horizontal directional drill under the Parker River in order to convey flow from Route 28 to East from the East part of uh 28 uh under the river to pumping station three where it can eventually have flow pumped up to the water resource recovery facility so we reviewed last time uh again the impacts to uh land subject to Coastal stor Flowage um 100 foot buffer 50 fot uh setback and the 35 ft um no disturb zone for each of those components of contracts five and six I think last time we were just waiting for thef DMF comments receive we did receive DMF comment um they had their regular conditions in addition to they requested some additional information um regarding the HDD contingency plan they kind of wanted to see um what the contingency would be in the event of a Frack out event and also some more additional information on the dewatering plan um are you able to provide that before the start of work yes I'm fine with including these as conditions they can provide those prior to the start of work you're good with that too it was my idea okay I'm just okay any questions from the board no Britney anything else that's all thank you anybody in the audience on this one uh anybody on Zoom if not would somebody like to make a motion to approve with special conditions I'll make the motion I'll second all right uh Pat I David Hi H Jack hi Paul hi and chair votes I that carries unanimously thank you great you like that thank you all very much thank you good night thanks all right next order of business is another continued notice of intent for SE one Rosanna and charl Ambrose nicolus and the ponco reality trust 811 Route 28 propos construction of a multif family development within land subject to Coastal storm Flowage eron good evening Mr chairman uh members for the record my name is Kieran Healey I'm a land surve with the BSC group representing the owners of the property at number 811 Route 28 in South yamut uh we are looking to put in an 8 unit building um it will have a compliant Title 5 septic system it will be flood zone compliant and um it has a landscape plan that you prev to on the screen there and um common shared driveway between this property and the property to to West and um agreement has been made on made on that previous easement existed at the site and it's been expanded to cover both these Parcels um other than that I'd be glad to answer any questions you have we're here purely because flood zone reasoning there is no Wetlands um other than the flood zone within 100 ft of the site questions from the board no Britney no questions anybody in the audience on this one all right if not uh would somebody like to make a motion to approve the project with special conditions I will Jack is there a second second uh Pat I jack hi David hi Paul I chair votes I carries unanimously 5 Z thank you Mr chairman thank you members thank nobody challenges my signature on that one I witnessed it all right uh next order of business are is a request to extend an order of conditions for SE 883-2297 uh Joseph topy 17 Angus Avenue uh and this one I think is all set do we have the we have this is this the new plan yes is there more mitigation on it 9921 dry Wells trench drain mitigation planting right yes yeah 8 24 yeah I said oh sorry I I was looking at the first one uh all right uh any questions from the board no no this is the first extension um so I have a motion to uh extend for three years uh SE 883-2297 so moved second you need to mention the revised plan or and oh sorry this is the revised plan dated uh August 29th 2024 for mitigation planting and impious driveway all right um Pat hi uh Jack hi David I Paul I and the chair votes I various [Music] unanimously thank you Mr chairman thank you members I didn't have to say anything who who first who made the motion I missed it uh Pat and Jack seconded all right next order of business another request to extend an order of conditions uh again for this for SE 8322907078 so moved second right Pat hi Jack hi David hi Paul hi and the chair votes I carries unanimously thank you again Mr chairman thank you members thank you Britney easy right next order of business is a request to amend an order of conditions for SE 83-283 uh Joseph and Nina ianelli 80 Grand View Drive permitted reconstruction of existing Rock revetment and dredging proposed walkway and perious Patio in the riverfront area and buffer zone to a Coastal Bank Mark yes ladies and gentlemen good evening uh Mark Burgess of shorefront Consulting uh filing this am request to amend the order the existing order um for Mr Souza who I believe is zoomed in he should be anyway uh two elements are added to the to the project and um how many people have been out been out there to view it I did not I'm sorry uh the revetment work is done it came out great uh the dock repairs are done those came out great as well initially we had had a email request the applicant wanted to take the wooden deck that would used to be there and and change it into a a patio just landward of the revetment initially that was approved administratively but then uh he said well I don't want to get all the sand in the house so what you have before you is a request to put a 4 foot wide pervious I'm going to call it a walkway it's not really a patio um from the from the dock land from the dock step to the um well to the existing concrete that's under the existing deck um The Landing is still going to be a little patio off to the side so that doesn't change the square footage is the same it's just on a different location and then so you have the 4 foot wide patio going to um some added patio space that is not under the deck I guess presumably I guess so they can get some sun um all the materials are the same it's a as I said a perious patio with pavers um the concrete which is not a Pia structure um that is currently under the deck will be removed and replaced with pervious stone so there's an improvement there and um that that's all that's proposed for this change mitigation amounts uh I went through all the numbers and there the calculations are on the plan as to how I came up with him um the short story simply we had a approved 8ot wide vegetative buffer across the entire back of the revetment for to sort of replace the vegetated buffer that existed prior um so the square footages that are within the 35 foot is just the patio the 4ot wide patio and then um walkway and then the patio is out side to 35 so doing all the math I came up with the mitigation that you saw the vegetative buffer for 44 feet across the revetment increases to 10 feet um which is I think huge and then um Britney said that you you won't approve a u so where it's all on the sides so we made it a triangle so there's a bunch more area on both sides of that but you've got a solid 10 ft across the entire revetment and I did want to point out that I think because the pervious patio is outside the 35 I think the mitigation could go outside the 35 in this in the same area but in this case your mitigation is entirely within the 35 which I also believe is a benefit or an increase in the benefit for the mitigation um if you agree with my numbers that's the proposal really uh pretty simple well I always think it's best to fill fill first so whatever you whatever has to be done to to fill or moving toward filling the 35 that's that's I think that's the most important part about it U see Britney um you had a question about the about the mitigation the amount of mitigation is that right yeah our current regulations do require 3: one mitigation in the 50 you gave us two to two to one in the 50 I thought it was two to 3 to one in the 35 and two to one in the outside of the outside of 35 our current regulations require 3 to one within the 50 and at the commission's discretion within the 35 because that would require a variance I'm I'm sorry I can't hear you any Hardscape within the 35 does require a variance from our regulation since it is in the no disturb zone so there's no set mitigation for the 35 because it does require a variance yeah it's all within the 50 the mitigation applies to the the amount of mitigation the M the the mitigation ratio is applied to to the 50 so it doesn't matter if it's 35 or 50 it's any any Hardscape that's going into the 50 needs to be mitigated at 3 to one geez I well I apologize if I read that wrong I read it like four times and I thought it was this way and it that and this way is consistent with another town that does mitigation like this but um if I misread it that's my error but I wow I did not know that so it's a I mean it's still relatively new regulation for Yarmouth but yeah there's also um an extra float that we observed at the site that was included to be removed in the notice of the original notice of intent that you filed in March um that's it's over here and that does need to be removed immediately and not reinstalled in the spring because it is not on the approved plan or the chapter 91 license plan right um he understands that the reason the float was still there is because he needs to do the dredging so he can put the boat where it's supposed to be because right now there's not enough depth to do that so the the intent is to do the dredging um hopefully in the fall but the float will come out and then it won't go back in again okay read how did the uh one in March uh how did we leave the it was just it was included in the notice that it would be removed the extra float to comply with the chapter 91 license yeah um there's also I don't know if this is a problem with for chapter 91 stair the stairs on the side that were not in our approved plan or the chapter 91 plan um it looks like a narrow stairway but it was installed it's a horrible photo you can't really see them but I that wasn't on the approved plan cuz do you have the F you have the 5 foot clearance here so you didn't need one for Public Access but yeah those are just get to the beach um jeez I thought they were there before they were not on our plans at least it's not on this plane at all correct no it's not on the plane in front of us either CU it is suitable you have to you either they're on okay they're not on the plan for you they're shown they're shown on the permit plan though the one dated 8624 it says reconstruct beach access stairs one side only it's on Section AA the elevation detail I have that right handy here if you want to take a look at it but oh yeah okay so it's just on the elevation detail but not on the site plan um yeah I guess so but this is the plan the one that dated revised 8624 is the one we're voting on correct um yeah I'm sorry on this back to the uh see do I have the other one I don't have that one with me just for clarification it should be on the plan as well as the detail the detail I would agree yet that that has to be on the site plan I I would not feel comfortable um building on without without seeing it okay well that's that's an easy it seems like you've got a few things to fix correct well what do I need what do you want me what would you like me to do address the mitigation discrepancies so what you need is another we can agree on the number here um need 13 you need another 139 square feet of mitigation correct and that needs to be shown one site plan oh yeah but but we can agree it's 139 Square fet that's the the no it's the patio the 237 square feet that you have at a 2:1 ratio instead of a 3:1 ratio I'm sorry what number two on your mitigation calculations should be at a 3:1 ratio so that's oh it's 237 not 139 then yes yeah you know I'd like to also ask because I mean normally when when people do mitigation calculations it's very difficult for me to read what you're saying but what what you should normally do is do a table that shows existing and proposed in the you can do it in the 30 0 to 35 35 to 50 or 0 to 50 and the 50 to 100 so you can clearly see what is going to be what is the what is the new square footage and then you can do the multiplication it it just makes it a little easier I I I have to take your word for it that the new mitigation calculations I have to go back and forth between PL one plan and another to to see exactly how much is there so you're saying for a total of 417 Square ft yeah yeah that's right that's 139 times 3 and then the added patio I'm just saying it makes it easier in the future you know it it's easier for people to to look at it and and then make that assessment as to what you know how much how much needs to be added or or how much mitigation is required yep okay but yeah so those are the I think those are the two things some U talk about the the width of the path could it maybe be brought down to three feet wide that was disgusted oh it was disussed yeah so I mean the path is a variance request um it is Hardscape within the 35 foot um and it's a 4 foot wide path if the commission is okay with granting a variance I think it would be better if it were thinner that would reduce your mitigation as well so the only reason for the path is because of of why um well it's it's a convenience agreed it's it's more to prevent uh tracking stuff from the dock into the house or from walking over or from walking over the lawn I guess well I mean I could see asking for for the three-foot width then MH I can ask him about that I don't think that's a big ask considering it's really more just because I don't want to get dirt in the house so yeah I know it was you know the dock is four feet wide so you you know you start with four feet wide but I can certainly ask him to narrow it to three I mean I'd be willing to let you have four feet if you're going to take if it's not going to be Hardscape you know but that's do they need it to be hardscaped could they do it pervious what other choices are there I mean yeah but then then you are really tracking dirt into the house if if easier to walk over grass if you didn't do that grass couldn't do stone stone and shell would be the same as hard hardcap okay yeah it's just it's just a rare thing we don't really have a lot of Pathways to the docks we mostly have stairways to docks um if it's flat it's usually just grass there are a few I looked today but it's rare yeah if there's a if there's a no mode vegetated buffer you're you know you can do a managed path through it but this is not that but but the 35 foot buffer is in no disturb Zone just because there's lawn here already we're always trying to to you know make that 35 foot vegetated the have to ask for a variance for that and then um as part of the justification is the mitigation to offset so I I have a question Brit I had Britney and I had this discussion um I in my first attempt with Britney to do this I said well we're removing turflon doesn't that count as one area of mitigation because you're yeah you're adding a perious patio but you don't fertilize a patio you know you're you're flize a lawn within 50 foot of the river either what it's against our regulations to fertilize Lawns within 50 ft of the river as well I know I know I'm just saying in my mind I'm like Hey we're removing turflon that in and of itself is is a good thing and I I thought that would have counted as one of the mitigation areas but install Hardscape but you're replacing it with what well with a Hardscape but The Hardscape has no impact on the yeah but The Hardscape is taking up space that vegetation I mean I would anyway I just thought I would argue no that that is not an even trade um all right well I know Britney already argued that for you but I just thought in my mind Hey removing turflon is a great idea it's a good thing so I thought that would help but um apparently not yeah removing Turf Lawn and replacing it with Native vegetation good removing Turf Lawn and replacing it with Hardscape so good not so good yeah well Hardscape has a lot of chance of other kinds of runoff I mean it's equivalent to roads things like that so once you have a Hardscape you're it's possibility of a lot of things other than wor about along and you don't like mulch right that's correct I are you asking for your mitigation area because mitigation areas can't be sheet mulched no I meant if he wanted to do a path that wasn't perious and and decided to put mulch down instead is that acceptable for a path or does it or um is it you know would just ask for the for the three foot wide pervious stuff and and go from there but I'm just looking for a possible a possible alternative some towns don't like mulch I don't think think mulch would be dirtier com I don't think it would be better than grass because it could run off yeah I'm sorry what were you saying well I I can discuss those what you say when I don't know I'm near I don't know if he needs to turn the Mups or not but I'm having a really hard time hearing everybody yeah I think that is a problem um anyway so I will ask the applicant about a three foot going to three- foot wide um ask him if he really really really wants that walkway to begin with um The Patio is important to him for sure and would you agree that it's a benefit to remove solid concrete and put pervious behind there the be honest I think pervious and concrete is ultimately the same thing it's hard Cape I mean is it better than is pervious better than a solid concrete yeah I guess to a degree it is but I still think it's it's still hardcap so brownie points but no but no allotment for it I don't know if I'd go with brownie points but all right um okay oops sorry you want to continue to the to the 19th um let me see if I have something on 19th I have and I have to get this to you in a week right I have to get it to you in a week right that's yeah I wish it was one of those where it was the three weeks we can almost do the same thing and continue it to the has his hand up too sorry oh don't I I haven't forgotten you Paul okay no problem um now let's go for that because he's coming into Prime planting season he he really just wants to finish this project and put it behind him okay so 19th of September is that right okay Paul what was your did you have a comment I just was wondering because at you pointed out and I think Britney did also some kind of fundamental problems with the plan that's presented and uh the difficulty of reading some of the stuff and is Mr Burgess to go back and create a a plan in a week time or whatever time is being given to rectify some of those um confusing items on the plan that's number one and secondly um you know the whole notion of the walkway up to the house um just to give your heads up or something that I wouldn't be interested in supporting personally um so I just wondering about those things okay so so we are yeah we are looking at uh it's a re it's a plan revision that we're asking for um and are you saying no path whatsoever or you saying no path in the form of some sort of Hardscape I would say it it it seems to me to be kind of unusual to okay pathway like that especially on the um the premise that the reason for it is so you don't get sand in the house on Cape cut so um it just seems excessive to me so unless was presented in some kind of different way I I just let you know I I wouldn't be in favor of supporting it I I agree with Paul I just want to be up front I'm having a hard time with a pathway I mean I you know I have a pathway I've standand in my house I have a vacuum cleaner okay so Mark I'm going to tell you right now um if you bring it in for the 19th I am not here and you've now got two of the remaining two three four Commissioners saying they have an issue with it um okay so you need to be very careful I'm I'm taking this all in considering and when you come before the before the board so I know you need and under those circumstance SES you need a unanimous vote next next time you would need a unanimous vote of four which according to David and Paul they're not likely to give you so I get it could I ask one other question please yeah go ahead Paul yeah that that stairway leading down to the beach from the duck is that something that's going to be eliminated I couldn't really get the idea from some of the discussion is it something that has to be taken out or is it something that's going to be allowed it was to replace an existing one and the only difference was for plan Clarity it was shown on the elevation view but not shown on the plan view so I just need to add it to the plan view so that they match have you already you've received your chapter 91 license yep I um can you send it to me I don't have it and wait I've submitted for it I don't have it yet so you built it before you had the chapter 91 I what the re so it it's a reconstruction right so there's your only repair so there's no change in the footprint it doesn't change the license for the dock so we the stairs on the original one the only the only thing the new license is for is the dredging okay but so the stairs were on the original we still need to see the chapter 91 license for the dock the original dock because if the stairs weren't on it you need to request an amendment okay I can do that um I think I already gave you guys a copy of that should be uploaded I just don't have it no I usually provide that with the filing I got the I got the oh8 I think this is the notice of application so we can check public that's the public notice so and the public notice includes the plan so yeah they're not on there it's not on there okay that's easy that would be something to resolve before next time well I can't resolve that with chapter 91 I will obviously they won't they won't is issue the license but it it will get resolved yes we got to take care you guys first and then I'll worry about the state okay okay okay all right so still going with the 19th for now okay uh do I have a motion to continue this hearing to September 19th I do is there a second second um Pat hi Jack hi David hi Paul hi chair votes I will see you on the 19th well I won't see you on the 19th but they'll see you on the 19th someone hopefully we can always bump it thank you very much right uh next order of business is a new notice of intent uh Elizabeth Brown 140 bter Avenue 131 Grist Mill Lane proposed invasive species management restoration with within land subject to Coastal storm Flowage salt marsh and the buffer zone to a salt marsh how you doing Lauren good evening for the record Lauren Taylor with Crawford Land Management here on behalf of the applicant Julia python um so this project spans two properties there's 140 backra to the South and 31 grismill Lane to the north uh the resource areas on the property are salt marsh and its Associated buffer zones as well as land subject to Coastal storm Flowage um essentially this project is proposing uh an extensive amount of invasive species man management there's a large stand of frag mes on the backer a property as well as some invasive vegetation in the Upland um so we separated it into the fragm management area and the Upland restoration area the fragm mighty management area has about 9300 ft of fragm on the backer a property and about 700 ft on the grismill lane property so we'd be proposing to manage that entire stand um and the way that we would do this is using a bundle cut in white meth method so in year one we would go out in the fall and we would essentially tie the groupings of stocks together using a Juke twine we'd cut them back to about waste height and then we treat it directly to the stocks um using an herbicide that's approved for use in aquatic environments um so that's the first year treatment we would do follow-up treatments for two to three seasons after that uh just to make sure that it's effectively controlled and in those follow-up years of monitoring and maintenance um um that's when we see native Salt March grasses starting to recolonize the area naturally um we typically see them starting to come back within the first year after treatment and then by year three there's usually about 50% coverage of those native Marsh grasses um so that's the fragm mighty management area in the Upland restoration area there's some Oriental bitter suweet some multiflora Rose and some Japanese knotweed I'd say about 90% of that area is invasive vegetation and any you know native species that are in covered in that area we would they would stay in place we would work carefully around those species to remain um we would treat the vegetation up there using a clip and drip method so we would cut the stems and apply herbicide directly to the stems to limit its exposure in the environment um the only difference is with the not weed Management Area um in that case we'd be using a stem injection method and that's our typical protocol for Japanese naweed treatment just because it's the most effective method um that Japanese not weed d area it extends onto the property to the south of 140 backer a it's a pretty significant stand but obviously we're only working on 140 backra a so we're just trying to look to manage to um the extent of knotweed that's on that property and um keep it from spreading further onto the the property um we'd be redating that Upland restoration area uh we would have a native grass seed mix as well as some supplemental grasses and Forbes um as plugs and then we also have some native shrub species like Winterberry high tide Bush Bayberry and a few others um just to help jump start the revegetation process in that area so I think that covers the bulk of it um it's a pretty straightforward project uh we did receive a d file number already and I don't think we're waiting on comment from any other Regulatory Agencies so I think we're squared away on that end but um if there's any question questions or comments I'd be happy to address those now okay sounds good uh Britney the only thing I would ask uh with the special conditions include uh a a condition that says um any change in the Ser um contractor with the project be brought to the STA to conservation staff approval or attention Okay and any replacement uh or new contractor must be Ser certified as as well and then you've got the annual monitoring reports as well so the D comment did include um yes and I was going to ask you what that means we've never done that before um did you read the D comment with I did and I assume it just means that they want a state licensed applicator which all of our field crews are and I thought the same um it looked like a very specific license that was for managing nuisance aquatic vegetation in freshwater ponds so I'm not sure if she misunderstood the project but it's not something we've ever required before so I'm not inclined to require it I was going to say unless they want to clarify I mean wo4 like that that seems to me like it's a it's supposed to be like a certification or a specialty license but I've never heard of it yeah that's not something we've come across before and you know we manage frag projects every single year so it it's not something we've encountered but if you want us to look into it we could I'm not super concerned about it I'm not really sure why she com as long as we have the Ser certified end of it I I think that's the more important yeah all of our You Know Field crews are State liced applicators so yeah so I'm fine with that um and then annual monitoring most likely in the fall we'd prefer the fall reports okay for monitoring and that is all I don't have any other questions okay anybody else yeah I just want to commend the owners for doing this work I know it's going to be expensive but I I think if you can send back at least my Kudos I'd appreciate it I just think it's great yeah I'll try to relay the message to them I know that they've lived at this property for a number of years and they've seen how it's changed over time and you know they want it restored to the way it used to look with the salt marsh in front of them so yeah but I'll pass that me message along to them okay she's behind you so I was going to say the same thing except that uh just in the sense of uh taking on the kind of approach that Ellie and Rick used to take of congratulating people it's really great for the owners to do that anybody else Paul you good I'm good thank you nice work uh Britton anything else nope anybody in the audience anybody on Zoom if not would somebody like to make a motion to approve the project with special conditions um and the uh additional monitoring reports in the fall and Sur contractor uh ATT uh changes to changes to St moved second all right Pat hi David hi Jack hi Paul hi chair votes I carries unanimously thank you thank you Lauren I guess we'll see you soon for the rest of it that I guess we'll I've been on a long email Thread about this tiny bit over here yeah hopefully just an RDA for that little piece yes that would be fine and let me know when you get the BRP W4 license to apply we try to solve that see I'd like to see what that is so thanks have a good night guys night next order of business another notice of intent for SE 4 46 okay 2446 thank you sorry you're right it's not on the agenda it's on the notes I'm just saying all right uh SE 83244 3 Thomas and fany 133 Clear Brook Road as proposed deck within the riverfront area land subject Coastal storm Flowage and the buffer zone to a bordering vegetative Wetland uh good evening for the record Tim Santos from meril Engineers representing the applicant um as stated the property is located at 133 Clair Brook Road resource areas honor within 100 ft of the property are a bordering vegetating Wetland to the north bordering vegetating Wetland to the South and a perennial stream to the east a portion of the property is also located in land subject to Coastal storm Flowage it's currently developed with an existing single family home paved driveway concrete patio and some walkways uh lawn and landscaped areas we're here tonight looking for your approval to remove the existing concrete patio in the rear of the home and construct a new 14 X20 deck um I have supplied some Redevelopment or Riverfront Redevelopment calculations on the plan um there's no increase in the 0 to 100 foot setback to The Perennial stream there is a 56 foot increase uh within the 100 to 200t setback and we are providing a 2 to1 mitigation for 120 square feet of mitigation plantings along the uh re or the Southern Property Line closest to the Wetland as possible it's currently a lawn area um to meet the riverfront requirements if the board has any questions I'd be more than happy to address it thank you very much I commend you on a nicely done and prepared uh plan it's amazing how fast these things work when everybody does what they're supposed to do questions for the board no Britney no questions thank you anybody in the audience anybody on Zoom would somebody like to make a motion to approve the project with special conditions so moved there second second uh Pat I jack I David hi Paul hi share votes I carries five to one or five to zero thank you very much thank you for your weekend I mean thank you have a great weekend have a great weekend thank you for having a weekend right next order business another notice of intent for SE 83245 uh Christopher May at janner way proposed new construction of a single family dwelling with a detached garage pool patio and driveway within the buffer zone to a bordering vegetative Wetland Danny good evening uh for the record Danny Gonzalez professional engineer with down Cape engineering here on behalf of Christopher May and his project out at janner way um existing vacant lot there's a BBW uh around the pond to the south and east of the property we are proposing a new single family house four bedrooms uh all work will be outside of the 50ft buffer with the work limit line couple feet off of that 50ft buffer um happy to answer any questions that you have okay oh you got them there uh I'm good with that any questions from the board curious what what kind of pool is it going to be a saltwater pool or you know good question I don't know the answer I think that's the trend is towards salt water now um but I don't know for sure and I'm just curious this area drain pool drawn down pit what is that it's a good question so um it's an area drain for the patio first but in the off season when you have to draw down the water for the pool rather than dumping it in down the hill into the Wetland you dump it into uh kind of this area drain so it's a little bit better way for the the environment so is the infiltration for that drain just directly underneath it uh yeah subsurface yep and there I'm assuming there's gutters to down spouts y going there drywalls yep and we actually have a a drain in the driveway even though it's outside the 100 foot buffer but to capture any runoff from that uh driveway as well so it was hard to walk through that heavy brush sure are are they going to what bothers me when I drive around town and see people clear cut lots of nice trees MH do you know what their plan is well they're going to lose most of the trees within the work limit line you know except for maybe to the north there I don't think they plan on taking every single tree on the lot down you know there are neighbors around there and they do want their privacy but um you know within the work that's proposed here they will be losing all those trees yes I just hopefully leave as many trees as possible so in the areas that aren't going to be regraded like right down here and up here you're still are they proposing tree removal or leaving it I don't know the answer to that question um it is outside the 50ft buffer you will have an undisturbed 50 foot buffer um it is within priority habitat correct and I don't believe haven't received comment haven't received comment yet so that's um I I think it will need to be continued before that but with you being gone next meeting Ed you know if there's a way we could vote it conditional on that just to make sure there aren't um any issues if somebody is sick and we don't have Quorum or something like that I think that would be appreciated if if you so move to you know approve this project again I'm I with this one I'm okay with with approving subject to nhp comment as long as you're willing to make sure that you accept all comment without without any comment yeah and I will say that there was an order of conditions for a similar project issued for this which will be we will need to close out there was no comment from enh hasp on that one for whatever that's worth uh no take but um certainly open to a condition to close that out um as part of the approval right okay any questions from the board um I'm sort of curious about the the pool being emptied so close to the to the pond what the water quality is whether it's salt or not salt pool and uh is this common is this a health issue there is a storm water regulation um that if it's chlorinated it needs to be diluted to a certain level um so I don't know if there's a a regulation for salt water necessarily um I will say we're pretty high up above the water elevation with that patio 20 to 30 ft so you know anything that did make it to eventually groundwater would have a good deal of filtration through the Sandy subsoil that worry more about the regular water and chlorine then I would well I mean you could also we could also just put a condition that says that there should be no salt before before draw down there would be no salt addition I mean I I don't know why you would anyhow but um we could add that into the condition yeah I mean a standard we have a standard swimming pool condition where any chlorinated um pools are allowed to sit for a long time so that chlorine dissipates and the same thing with I don't know if it would be the same for same for salt no but um think it's like if you just leave Salt set for in the Sun for I don't think it works like that I was going to say I so I'm not that familiar with the salt so it is just salt there's no other additives in those kind of pools now they dump a big bag of salt in there and it kind of chemical process converts it into chlorine which helps disinfect I know I I will tell you that we do this in barn stable routinely and I don't we we we say I think we say three days you got to wait for three days before but again that's I can just see if there seen any issues with with the saltwater pool draw Downs causing any impact that at least that we know of I agree that we ought to put something on though I can look into if there's an equivalent standard pool condition for saltwater pools I don't think there is no I can't I'll look into it it won't be anything crazy nobody's going to go to the trouble of researching something um but certainly the chlorine like you're talking about fres water what's the size of the pool it say a plunge pool aren't they small very small yeah I I don't know if I have the dimensions on there right I could scale them off for you but it it looks like I don't know 14 by 10 or something maybe even not that big yeah anybody else Britney anything else no questions anybody in the audience on this one anybody on Zoom still there Pro all right so uh would somebody like to make a motion to approve the project uh pending receipt of an incorporation of NH hesp comment from moved second uh Pat I David hi Jack hi Paul hi chair votes I carries unanimously thank you very much thank you thank you all right next order of business is another notice of intent for SE 83244 Roy canani 770e 28 proposed 9,991 squ foot car dealership within the buffer zone to a vegetated wetland Wetland and land subject to Coastal storm Flowage take it away uh good evening everyone my name is Adam Drake I'm with Atlantic design engineers and I will be representing the cap and cap and Islands Nissan project over at 770 Route 28 uh so the parcel uh is currently 2.86 Acres primarily wooded and it has a automobile storage area located at the front of the property uh so the Topography of the site slopes towards the rear um Swan Pond we had environmental Consulting and restoration LLC go out and delineate the bordering vegetated Wetlands they are located off in the north of the site and they delineated the isolated vegetated Wetlands to the east of the site so we are proposing a 9,991 square ft dealership with the assoc iated parking and inventory storage we are going to be completely out of that Northern bordering vegetated Wetlands but we are going to be within the 100 foot buffer of the isolated vegetated Wetlands on the Eastern side we're going to have a 50 foot no touch buffer to avoid having to do mitigation plantings um but you know we are going to have appr imately 12,700 ft of disturbance between that 50 and 100t buffer of the ivw um so we're going to have for storm water runoff we're going to have a infiltration Basin at the north of the site that's going to handle most of our storm water uh so anything that's running off impervious surface is going to go through a series of catch basins and then it'll be pre-treated with a First Defense unit to meet all of those pollutant requirements and then we also have a smaller subsurface infiltration system at the southeast side of site uh again any impervious surface is going to go through those catch basins and then it's going to be pre-treated with that First Defense unit um I mean I believe that that's kind of the bulk of the work here uh we do have utilities we tried to situate the septic system on the opposite side of the wetlands we have that located at the southwest and we have that you know ready to be tied into that sewer one once it comes through Route 28 there um but I mean if you have any questions I think that's that's it for kind of an introduction okay thank you again well thought out plan the board no I don't have any Britney oh Paul sorry yeah this will probably be covered but um given the the kind of facility that it is they it must be required to take EXT extra precautions for like um various fluids and stuff that um are associated with car dealerships like oil and so on and so forth is there is there some plan or there some um aspect of the plan that contains that type of thing in case of a of a spill or something like that just curious so are you referring to some sort of you know street sweeping um throughout the process or just like a oil water separator for the I'm talking about you know if are you working on cars are you going to be working on cars in epod yeah yes it's a a brand new car dealership yes what I'm thinking of is like let's and maybe you have a next door some kind of a a barrel of something gets knocked over like oil or gas or something like that there must be some provision in in your in your building um specifications having to do with the containment of that kind of material yeah I think yes I think to answer your question I think the the best management practice dictates um you know storage in proper containers so it could be double wall containers it could be pallets you know that are Hollow underneath but the owner is obligated to uh properly store bulk materials oil antifreeze the things you've mentioned um there's also you know containment such that any spills in the building are contained right through a uh tight tank and then ultimately when the sewer comes it would be an oil water separator that will replace the tight tank so yeah DP is pretty much all over these kinds of facilities to be sure that exactly what you're concerned about does not happen Okay thank you very much so I didn't notice I uh there's underground storage for oils gasoline no sir no no the only um what I mentioned a tight tank it's just an emergency uh facility in case there was a a spill inside the building it uh has an alarm and it's just a way of containing it so that it never enters the environment no storage okay storage is All Above slab entirely interior to the building and stored in proper containers that probably have double wall containment or so you don't gas have a gasoline stor no gasoline it no no fueling goes going on there right this is the owner by the way Steve suly owns the Kia store as well as this dealership so you may have questions that I haven't answered correctly but please correct me but no no no fuel at all there is fuel within the vehicle in their tanks but very limited amount and no crashes hope not they're all brand new yeah okay you all set u Paul you have your hand still rate is it a new question or I'm sorry I'll turn it off no I'm all said thanks so much umy just your name for the record I'm sorry Roy katanani I'm the applicant that engaged this young man to my right here my only question is that um the plan and narrative reference the landscape plan by others um do you have that and can you please provide that to us when it becomes available yep I can I believe that was submitted I don't think it was one of the plans in the set unless it was I can forward that to you okay I just would like to review it before um they get implemented but it's not super time sensitive um and they are also this project was subject to a storm water management permit application they're they had very minor comments um they're kind of just wrapping up their second review and it should be completed by the before our next hearing and if everything is good with that one you can come remotely you don't need to come in person because there wouldn't be anything to discuss um but if there are any changes from the plan that come from that we just would accept a minor plan revision you wouldn't need to come back to a hearing um but that's all thank you good okay anybody on the audience anybody on Zoom uh would somebody like to make a motion then to approve the project with special conditions I will is there a second second Paul hi Jack hi David hi Pat hi turn that around on their toes keeping you awake that's all the chair votes I that's 5 to zero all right we'll see we see you hopefully next time for your storm water yes sir thank you all very much thank you thank you which brings us lined up thank you to what next order of business for storm water management permit applications the first one Roy cantani 770 Route 28 proposed 9,991 ft car dealership with buffer zone to a UM Vet Wetland land subject to Coastal storm Flowage uh they are requiring or requesting a continuance to uh 9 SE sorry September 19th and this is to just finalize the last bits of peer review that that's right to update you the um little confusion on the owner's part about paying the fee so that finally was done so I think we're just waiting for the peer review and then we'll come back I assuming that comes forward yeah the engineer didn't come tonight because there really wasn't much to talk about no they're fine all right so is there a motion to continue this to September 19th so moved second second see um Pat hi David hi Jack hi Paul hi chair votes I carries unanimously 5 Z seal on the 19th these are just on the agenda because of our or bylaw requires it to be on a hearing within a certain amount of calendar days even if it hasn't finished the peer review process so we're working on changing that to make it easier for applicants but thank you that's no problem thank you so much thank you next order of business is another uh storm water management permit application uh let's see Ahad zon 228 Route 28 proposed Redevelopment into a mixed use building uh this is also being continued this one's going to be continued for a little longer because it hasn't started the peer riew yet so pending uh peer review so uh do I have a motion to continue this to October 17th so moved second second Jack okay David hi Pat I Paul C me off votes I carries unanimously sorry we have two certificates of compliance uh this evening uh one is for SE 83-1 15270 great Island Road Beach parcel and the other is SE 883-2217 Street uh both are easy no issues no work done uh that to just close everything out do I have a motion to issue certificates of compliance for SE 83-1 15270 great Island Road Road Beach parcel and s83 d228 181 South Street so moved second David hi Pat hi Jack hi Paul hi chair votes I and is that the same thing for I'm sorry I got yeah I did them both at the same time so that's all good that was Pat and Jack that was Pat and Jack good uhoh there it is you go we don't like uh ho all right next order of business is uh enforce for ment the first one is Susan D liner 33 Shore Road this is unpermitted fill within the buffer zone to assault Marsh and land subject Coastal storm Flowage uh Britney what's up yes just a second okay in sorry let me zoom out I'm starting over um this property is located next to assault Marsh over here um and abing Lewis Bay and David walks by here frequently and this is an area directly next to the driveway um with is which is within the buffer zone and in the flood zone that has been elevated and planted with a garden bed um without permitting um all in all the area is not enormous um it looks like it was elevated less than about 2T or a little bit less I think you said 16 in it's 17 in which is high but it's you know they were about 4 in under that so it's about 13 in yeah um between a foot and a foot and a half and planted on the sides with sod and some plantings and this was sent as a violation notice because of unpermitted fill in the flood zone and in the no Disturbed buffer zone to the salt marsh which is directly abing their driveway and Susan has been in contact with me and very re receptive to doing whatever required to permit this burm and what are you proposing um our options as the board if it is something we would permit regularly um we can require permitting after the FL through an RDA um we can issue a fine for completing work without permitting and allow it to remain or if you're concerned about the new grades and needing to know exactly what the elevations are you can ask for an ASB built plan um something at this scale I'm not sure that's necessary um but it's up to the board on the scale of what they think is since it's directly AB budding the salt marsh um the only thing that I would insist on is that um that the irrigation that you've installed in there that be removed just because it's so close to the salt marsh that um we can have things leech into the marsh there and it's sensitive that's the only thing that I would insist that the board consider did you say something about um fertilizer and herbicides in in that I I would I don't know about that but it sounds like there are no fertilizer or herbicides it looks like fertilized lawn to me but lawn no it's uh it's sod sir and um it is um Kentucky Bluegrass tall fescue blend but you're not fertilizing it no okay so I would just ask that you continue that that no fertilizer be applied to the the lawn area as well and uh again with the removal of the irrigation um I have a question about the plants themselves um they look very nice but are they uh Native or um they're not necessarily native but none of them are invasive I I had the list from you um let me pull it up I didn't upload it into the I have the list would you like it yeah that would be great I think there are some roses thank you yeah some uh roses some low um cat mint some bunched Evergreens AR tiny Arbor and some penum none of them are harmful they're just not they're cultivar I would put that up more toward Landscaping than yeah it's a landscape bed could we or would we uh ask that as plants that are there fail be replaced with natives right would you prefer that I take them out or I see if they see if they hold sounds like I would let her keep them but if they die replace them with something native go with that do we need the um an RDA for this then I did we just going to do this as an I mean I'm willing just to do this as a as a a um sketch plan uh as part of the enforcement order let it let it be reviewed and be done with it so with the list and the with those with those conditions that we yeah I mean she already provided me all the measurements and information about the area only thing I'd like to add is that in the future if you want to do any work you really should call Britney first your I understand that I I did actually come on June 7th here to the office and um upstairs to get my plot plan and I asked if there was any anything else I needed to do and they said no but they didn't have the plot plan plot plan so they had me drive over to the engineering building where I met another person nice young woman and she gave me the plot plan I asked her do I need to do anything else and she said no you're all set so um I apologize for for not permiting I did fill out the form with Britney's help um all 27 pages of it she had me halfway through the 400 page storm report when she told me I didn't have to read anymore and um so uh it's a total of 300 156 square ft total um so yeah and the last thing is that once I mean are these grasses pretty established so far this summer or they is it still kind of loose underneath no I think every everything's good I I actually mowed that the the driveway side I couldn't quite get in on on the other side because that bush when it when it THS out in the fall will be uh that can mow on the other side and then um I'll figure out when to take out that that straw thing okay if it's established um you can take the roll out Okay this may be a silly question but when you mow are you catching the grass I'm sorry what when you mow are you catching the grass do you have a grass catcher I do okay I do I didn't um when I started and then I went in and put it on so there's some sprinklings around the the street end as you can see there but uh we just don't want the grass to be moving into the Wetland the the marsh is a fail Marsh um I should um share with you in that um it was U fixed by the D after Hurricane Bob and it didn't fix and it leaks so it's actually ocean that comes in and out there and there's a great need to fix that um so this was built to just make it look good it's it's not built to stop the water um there's you know close to 5T of water there this this is my result of the storm that the third storm on December 19th um which really kind kind of washed everything out yeah I stopped by then and this is the house across the street that they went up about um they elevated their lawn about 5et this is right across the mar the flooding I mean there daav I can't walk walk down there because there so much flooding on a bad high tide or full moon um it floods and then on a storm like the December storms it's it's bad still can't understand how that other house exists so the house next to you on the other side right all these different the house itself is 104 years old and my my parents uh bought it 67 years ago so now we talk your house it's my house now yes not not that house not that one mean I don't know how that survives okay so um we'll just permit this through the information she's provided yeah just a uh uh sketch plan uh and does that need to be done by an engineer sorry to interrupt you no no no it's just that it's a just very very basic plan that shows it I mean you could almost use an aerial photo I think but what what I did do is I went along and every 3 feet I have measurements with a a stick and a and a thing I don't I don't know if that's helpful um in the in the uh you could include that uh it's certainly more than what we normally get for something like this so um so but that that would be good if you would include it and then just do length and length and width uh just a con just a um a DI menion of the species that are there the plant species that are there so it's okay if I draw it I'm not very good but I can give you what yeah and and then the uh um special conditions that we had had asked that uh mowing with the catcher uh remove all the the uh irrigation and no fertilizer on the on the side and replace any dead plants with native plants and replace any dead or dying plants with Native native plants somebody like to make a motion to uh approve the enforcement water as written so moved second second it was actually just a violation notice and we will be revising it your what it would be revised with all those things that we said and it was just a I talked about writing it right now because I didn't think you wrote it but okay writing a new just writing an EO this one right okay um all right uh Paul hi Jack hi David hi P hi your votes I carries five Z so I'll send you another um letter with all those things in it and then when you send us the sketch plan it's kind of allowing you to do the work through the through the enforcement order and the sketch plan will be um resolving it okay and so don't mail to the abuts or do any of this you don't need to so on the phone by we trying to scale back abutters are are listening in with my entire 11 people in my family okay well you do great um so he scaled back from all those forms so we can permit it through this thank you very much thank you Mr chairman thank you all right our next order of business is another enforcement matter James McCarney 27 Grist Mill Lane is unpermitted fill within the buffer zone to assault Marsh Coastal Beach and land subject to Coastal storm Flowage Britney I it does not appear that anyone is here for this but um the building department did an inspection of a nearby property and brought this to my attention this is um the Gris Mill Lane same area where we just had that invasive species project we permitted 31 GIS Mill Lane last year um they regraded their entire front yard and put in a retaining wall they're in the buffer zone to the coastal Beach across the street and some Marsh closer to where my car is um so it's unpermitted fill in the flood zone and the buffer zone toosa Beach even though the building department stopped work we still saw that person working yeah it look like they were grouting the wall but I don't know um exactly we even have proof I mean you can issue a cease and assist and then I think it's pretty clearly a after the fact notice of intent yeah that's what the um a draft the draft says any discussion on that one well should we uh someone wrote here recommend a fine should we think about that up to you up to me personally not so much is partly to you but what do you guys think would you repeat that David I didn't hear what you said I said should we find them or not that that was one of the things on our possible things to do and yeah Ian waiting for other people's opinion okay hang on so the question is do you want to find the find the individual y this is where have to say something have there been previous problems um I do remember speaking to someone about a deck addition on this property so I believe they are very aware of the requirements for the Conservation Commission so I'm not sure if they thought it was just structural or if they just did the work because their neighbors were doing work but since they have not appeared in front of us we can't really say the same owner from from with all of that right um I hadn't looked if they owner has switched recently and what would Define be use what three I don't know three or whatever how much would it be or what would it be okay uh 100 or 300 depending on the severity and what is the outcome that we want for this to we want them to file an after the fact notice of intent since they changed the elevations in the flood zone and in the buffer zone to Coastal Beach without permitting what's the effect of having that wall there if it floods that could change the uh direction of the flood water M we get to other people's properties staying on the road stay on the road well but without a plan an engineered plan we won't be able to but that's going to be for the notice that'll that'll be discussion for the notice of intent but right obviously whatever happens is going to be coming around the edges on that going on to their property and neighbors yeah so definitely something that would need to be permitted so I mean to get back to the enforcement end of it uh we don't have after are after the fact filing we don't have after the fact filing fees so not yet we approved I would say find them the $300 because in any other town they would be paying double double that and after or after the fact filing fees so in this case I would say can buy that there you go oh with you did you hear that Paul yeah so let me let me understand so there would be a possibly something like a $300 fine and then after the fact noi or restoration plan which would come before the committee and then we would um provide our direction from there right yes right there will be a yeah there will be a new notice of intent filed that's essentially it's it's like a hasz built uh is what they what they're asking for and then we would have the option of you know uh assigning conditions as we see fit for like we would for any other notice of course of course yeah I think that would be a great course of action but I I do agree with the the initial fine to begin it all off of $300 okay all right so unless there's any further take a vote on that yeah well yes so we'll need to need to vote on the fine uh first so do I have a motion to issue a fine for $300 so moved Paul moved okay will you second I'll second all right and let see so voting on the fine Pat I David hi Jack hi Paul hi chair votes I carries unanimously 5 and then on the enforcement order uh do I have a motion to uh issue the notice or sorry issue the enforcement order as written or after that's including the after the fact uh notice of intent motion to that yes I'll move second uh Paul hi Pat hi David hi Jack hi chair votes I car unanimously 5 Z it's ready to go we're almost done here folks uh other business we have an approval of meeting minutes for August 15 2024 I read them they look fine is there a second I'll second I have a qu I have a question though okay I do I did I do have the affidavit should I vote um and I I watch the the meeting on online so could I vote in this or should I abstain um if you weren't here you should abstain yeah just abstain okay it's easier right okay uh so uh Paul St Pat I David I jack I chair votes I carries four with one four to and one 4 Z with one exstension all right and uh we have one other item of business an event announcement guided walk series with conservation administrator which begins tomorrow September 6 2024 at Sandy pond at 1:30 p.m. meet at the the parking lot past the playground the parking lot pass the playground at 1:30 p.m. tomorrow Sandy Pond be there and learn all you can about Coastal sand plane plants plants Paul you goingon to be able to walk through that I'm going to send a representative nice and these the hope is that this will be um generally weekly within the fall there's a week that I can't be there but um keep an eye out for notices on the website and social media about the next walk and you're switching them from different conservation areas we'll be at different conservation areas where parking allows some of them were eliminated because they can only Park one or two cars different days or you going to stick to Friday afternoon I'm going to try and Vary it um so we're going to do Friday afternoon first we'll see how the turnout is um we'll try in a morning on a different weekday but unfortunately we will not be doing Saturdays I don't want Friday afternoon is impossible for me that's all so I'm selfish we'll try and um I'm going to try different days and we're hoping to have the culmination be a intro to plant ID course one like a one day of course um and they are by suggested donation to the conservation fund to improve awareness about that the fund exists and projects that the conservation division completes take credit cards no cash only cash short check great wonderful thing br thank you very nice Britney we'll see how it goes okay okay sounds like a good idea I heard you might do a birning trip I will off yes I will offer uh birning burning trips as well for the conservation areas so buring by Ed lately I have I've not been there as much um I've been there earlier when I went in there but what's early like 6 6:15 not do that I was there at seven lot so um are we doing anything right now on the Wetland bylaw yes I can give you a small update the attorney general has approved our bylaw now we are just waiting for it to be posted which I would imagine would happen within the next two weeks and we also have some very minor regulations updates to support our new bylaw that I will hope to have um probably the first meeting of October to just have them out into the world for more than 2 weeks so I'm hoping to post those um early next week and have them on the agenda for October 3rd you've all um received them and given me a couple of comments I got comments from Pat and I've made a couple of changes and so we're going to post those and hopefully forgot to do that hopefully have a meeting early October to to have the regulations support our new bylaw just to have everything match so if I have a suggestion there probably like for instance um where the Vernal uh wait where you have the mean oh no where so if you have I mean if you have comments send them to me and we can discuss them or if unless you want okay because that they're just a definition of things that maybe yeah if it's a quick clarifying that I can just fix we can fix it but if it's something you want to discuss with the board we can we can discuss it now what would you prefer I'll discuss either way send it to Britney yes I'll talk to you first and then we'll okay go on whether it's enough to worry about with the board because there was um something I might we have a project that sparked an idea that I'm probably going to add in there and send it back out to you for a review and that's it our the select form meeting on September 10th will be voting in our new member um any word on any other potentials I don't know um not at the moment okay anything else then that's all I think if not would somebody like to make a motion we do I'll second that