oh look at that Dave Bernstein quiet late all right welcome everybody to the regularly stated of meeting of the Yarmouth Conservation Commission this is the meeting for Thursday April 4th 2024 this is to formally advise that is required by General Law chapter 3A sections 18- 25 and pursuant to chapter 20 of the act 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 welcome to attend either in person or via the alternative Public Access provided on the not notice of meeting available on the town of Yarmouth website again this is the meeting for the Yarmouth Conservation Commission uh April 4th 2024 our first order of business is a uh a presentation on for Community project from Girl Scout Troop 62610 and the division of Natural Resources this is uh talking about an installation of bat boxes in town conservation areas fantastic hello thank you for letting us speak with you today this is this troop is 62610 for the Girl Scouts and today we're going to teach you about the beneficial bats and what they do to help us and this is for our Bronze award for Girl Scouts there there are eight species of bats on cap card one species is flatened and three are in dangered they eat bugs they can eat 1,000 mosquitoes in an hour they are they're not dangerous on cape card and their life lasts about 20 to 30 years in the wild bats bats can eat certain types of bugs like mosquitoes beetles um wops mayflies and flying ants but bats can be prey to other animals like Hawks weasels and raccoons bat box bat boxes are so important because they keep bats out of your house H because they are prayed to owls Hawks and wolves you don't need to clean them at all it gives females a safe place place to have and raise their young and it keeps them apart from can giving white nose disease some myths about bats are all drink blood all have rabies all bats have rabies and many fly in your hair some bats May drink blood but none on Cape Cod and not all have rabes is cool stuff um we're going to make 10 bat boxes made of cedar wood um and we're going to make them untreated well they're going to be untreated wood um and we're going to put if we can we're going to put the um bat boxes on the conservation land near water because mosquitoes live there and they like to eat mosquitoes and um Facing East or South cuz that's where it gets most heat and sunshine and um there's one 1,800 acres of conservation land um we already have the bat boxes right here they um last for 10 to 15 years um we're going to make them and they're going to if they're going to put them up we're going to have to put 12 to 20 ft of above ground and the town is going to help us and um then the bat boxes um are going to look like this and um they're going to um go in through the bottom and then they're going to um hang from cuz there's going to be a little net that they hang from and then sleep from there thank you is anybody from the natural resources that it's a hard act to follow so you may want to well I want to thank the commission for taking the time to hear the troops proposal we were very excited when they came and met with us they had a couple different ideas and and we jumped all over the bat boox idea I don't even remember what the other ideas were in now house signs I think oh signage yeah yep um but I don't think we've decided on the exact areas but um you know we had kind of given a list of different conservation areas where um you know it was the type of habitat that they were looking at so I think we still need to narrow down the 10 sites but um you know we'll do all the appropriate volunteer paperwork with um for them but we're not going to allow them to climb ladders right you know we'll do the installation but they'll be there um you know coaching us along and um in order to get what is it your bronze badges awesome so um we thank you for uh taking this in consideration and um and thank you for what you do have a good night did anybody from the commission have any questions for the girls yes I do okay well we've got one where can I get one do you sell those bat boxes we got them donated you got them donated okay cuz I was looking into doing one of my house too because I have a lot of mosquitoes around where I am so uh I may be tapping into you to get that information on where you got those anybody else it's very good all right girls than it's a great project thanks for coming in and sharing your uh your information with us and we wish you good luck and let us know when when it comes in so we can go out and take a look at them yeah okay that's good awesome thank you great thank job I wouldn't have thought 15 I can see has just made now appreciate it all right our next order of business is a continued request to amend um an order of condition this is for SE 83234 uh for Alexander nanov two Buttercup Lane this is the original was to raise and replace of a single family dwelling proposed amendment is to add construction of a coastal stairway addition of a bulkhead not a Coastal Engineering structure a bulkhead for the basement um and window wells relocation and addition of mitigation all right so Wayne good evening do you mind grabbing a a handheld microphone if you're going to present from over there it's for the people on TV oh great can you hear me sure okay thank you again my name is Wayne toar wtech Land Design I'm here uh for Alexander nof and his attempt to um get this house uh going um as for sometimes when you exhaust yourself with a project of this magnitude one of the things that gets forgotten is uh supervision so uh Mr neov has fallen astray and he like to correct these um um errors that he's made uh number one this was called to a halt ceasing assist by The Building Commissioner because he noticed a difference in the plans Mr neof wants to add some light in the basement level uh he wants to add a access to the bul to the uh basement level and it was never thought of in the beginning even though we've gone before zba this is an issue that if approved by you would likely go to zba so what Mr neov has also done uh there's a question in question of the number of trees versus the plan now the number of pitch points that were cut are exactly the same as on the plan there's no difference okay uh there was one black oat that was included in the original plan and that was cut Mr neov because tape fell off of trees I don't know he cut only five of the seven locusts they're invasive species as we know so only cut five of them then he added one that wasn't on the plan so he's cut six of seven and actually there's no reason why he shouldn't cut the other two down down uh the one error that was made and that's my fault I'm the designer of this project I try to keep one tree in the front yard it was a nice looking uh Black Oak right on the property line and of course I designed my driveway right next to it so when the uh excavator came down he saw all the other trees in the area to go down and he removed one extra Black Oak which was here in the front uh also uh Mr neov did put up a limit of work line and he put up another line on the back it was observed for a while but because the building inspector prevented the B the uh Foundation from being backfilled the excavator took it around in between the quars and we ran over some Bayberry that's in the back that Bayberry shows right in this area I checked it out he scarfed The Sod but I don't think he killed the uh Bayberry whatever is dead there whatever will show its face is going to show it pretty soon because it's spring I couldn't tell by today but looks like spring is coming so we're going to see what grows back here whatever doesn't grow here will infill with additional Bay Berry that was a whole Bay Berry Patch it still exists I believe it'll come back he didn't run over all of it he ran over half half of it I'd say and broke half um were there the extension of this is very small we've intruded encroached in an area we've already given to you as mitigation area so this area the 6'2 long by 5 foot wide it may be a CBA area either way it's a Conservation Area Mr uh neov has the option of doing open retaining wall and steps with railing which does not encroach upon cbl's uh priew or he may use a traditional um uh basement cover which does mean he has to go back before um zba so this area is approximately 32 square ft and he's adding lights in the back he'd like to add a light this is 3x5 this is 3x5 so that's 15 Square ft 15 he's got 30 and some 82 Square ft I believe all together of additional coverage so what we've done is we've taken the area that was removed and we've added to the mitigation we've taken the area to be covered and doubled it and added it to the m excuse me and added it to the mitigation and we've Tak taking these two areas and added it to mitigation so we've added a strip of mitigation right along the other mitigation area all in here is to be planted this is spring you might ask him to plant it now uh it's along this sedimentation um line upon my instructions I had him block up the foundation in this area and that allowed him to be able to back fill the building inspector checked it and now it's back filled in that dirt that is encroaching on the sedimentation fence almost has all been removed there's more needed so it'll be spread soon we'll get it away from the sedimentation fence so now most of the encroachment that's possible here is over he's already built this this is framed right now all the work is around this area and not conservation related so now being said he's going to be put in the septic system which he already has an approved plan it's on the street side so again that won't infringe on conservation and lastly um he will be coming before you with a new proposal a dock on this area right in here we are already on the uh waterways agenda to talk about the do prior to bringing this before you it's a new notice of intent for this area I showed it because it was designed I was hoping to include it as an amendment and uh Britney had mentioned that the stairway being non water dependent could be included in this amendment but not the doc so the doc is separate and I've made notes to that effect so trying to keep it simple um Mr neov is trying to make atonement for um transgressions he's done with a limit of work and so forth um he's also trying to get at this built this is existing but it's Fallen apart I mean it's been many many years of disuse it still shows here and we're just redeveloping or reconstructing this uh this area this is all done by hand of course uh there are two more um uh locust trees in the back that he's eligible to remove and I hope you don't find it negative that he took this locust tree out this has been relocated by stump and um that's about the extent of the project so it's three-fold to make amends new work just done just outside the the the perimeter and new stairway thank you very much any questions i' be glad to answer questions from the board no questions uh well I got a question yeah go ahead go ahead go ahead all right so I just I guess I don't have an issue with the uh with what you're proposing as far as for proposing today um and you definitely need to clean up the site and do much better with the sedimentation fences and Sil fence work limit line um the question I I have about with the dock so there is something that might be called a dock under some or maybe if you're Huckleberry fin or somebody but uh there is some sort of semblance of a of a dock there so did that does that have a 91 permit no so it's so we're starting from the and we it wasn't permitted with the with the town either okay um so I don't think I would not uh be comfortable with you bringing this back as an amendment under this it's going to you're doing a separate notice right separate notice of intent for the doc okay so I just I want to make sure that's that's done uh I would also uh I would take this off off this plan um good I don't think it has any any reason if it shows up on the plan then it's like we're tacitly approving it uh so I would I would do a revised plan that that removes the dock and Float from the from the system completely and I would be considering looking where where you're going to have to put that because it looks like you're going to have to have quite a few variances for that for that dock but that's for another that's for another night um that's my those are my comments agree with those um also would like to see dry Wells added to the four down spouts indicated on the plan they were they were in stall I'm not stalled they were included in the original that's what I should say they were included in the original is um so you're going to have to bring in a new plan for us anyway so just make sure they're in this the next version please you see one drywell here and I know there was a drywell on this side I'll I'll improve the plan okay thank you anybody else pa uh Britney yeah in the general cleaning up of the site there's construction debris on um all sides not just the Waterfront side so this is the northern side of the property and there looks like cement debris um and the sil fence isn't maintained on that side either so obviously our our main focus is the water front side but all sides need to be maintained for the silk fence um and the D number sign had been destroyed last time we were there so that needs to be replaced okay that is all thanks when make sure you're familiar with the um water depths as part of our regulations because it's as you showing your PL not even close uh the water depth of sorry we have a 3ft minimum water depth for the U the dock the floating dock area and you're not showing it being even close to that okay yeah yeah that's not going to be on that not on this a separate plan but it's a good note for future okay thank you just for when you're bringing the dock back okay yeah that's for the dock issue yeah yeah thank you yeah it was all sort of related so and then I talked to Britney and I did a disclaimer on the dock but now I know it's to be erased we'll put the dry Wells on um remove the dock yeah remove the dock of course put the dry Wells on and um is the rest okay with you approvable by you because zba wants approval if we have to go back before them for this I think we're about to find that out oh I guess I do have one more question sorry um so you're putting the elevated stairway in in place of the um old ingrade steps are you going to leave these in place or you're going to remove them no likely we we won't we'll take your recommendation on it because right now they act as cribbing if you remove them you're going to turn the soil you're going to open it up again so if we leave it they're rotting in the soil it's better to work over them and only insert the posts and everything is going to be elevated from here no INR this is not in ground this is a elevated walkway so we're only having um something like eight or 10 posts being put in the ground all 4x4s okay I think I'd be inclined to leave them and yeah me too do exactly that just wanted to make sure okay is there anybody in the audience who has any questions on this project viation on the pond uh anybody on Zoom that's what I think okay if not I would somebody like to make a motion to approve the project with special conditions so moved and sorry sorry and depending a the receipt of a revised plan showing the removal of the dock and the uh drywalls and is there a second second all right um I have to do this as a as a Voice vote uh so Paul hi Pat hi hi bilie hi hi and David I and chair votes I that carries unanimously all right wait uh well that's all set uh we'll work that as soon as we get the uh revised plan we can uh go ahead and issue then okay so you can issue once we issue that then we could do the bad well once we get the yeah once we get the revised plan then uh Britney can go ahead and issue the amended order okay and then then we can sail from there board all all right good thank you very very much I appreciate it thanks thanks for getting me on early too you all right uh next order of business is a continued notice of intent for s832 421 Bob Perry uh this is for Robert and an child's 154 South Street proposed reconstruction of an existing peer platform ramp and float and land under the ocean and land contains shellfish good evening Bob Perry for the applicant Robert Charles is here Paul Teresa behind me we were there a couple of weeks ago this is different and we uh presented a doc application um we discussed uh the alternative that seemed to be favored and so we were instructed to re revisit that and and bring you a revised plan there was one item that was of concern where we I think we were a little over on the float area so we've trimmed that 20 foot float down to seven and uh so we have a 5 by 12 for a total of 200 a small can't deled Landing off of that main Pier stem allows for the float to be positioned so it's got three ft of water under the entire 5x12 float actually breaking the floats into smaller components does kind of lend itself to smaller vessels and I think it's a family use here so there's just several smaller vessels no Queen Mary's uh the pier deck was to be lifted 2 feet piling spacings increased to 12 so there's reduction in piles and uh we did discuss the option of repurposed um Marine pilings that would have a fraction if any of the leeching capability of of new CCA and it was I think a well-received recommendation at least to try and uh so that's what we have provided to you um and um there we are reconstruction of an existing Pier with a a 60ft addition to the float and uh 60 squ foot and and a a few other improvements for lifting and reducing components that's where we are right thanks Bob uh questions from the board no thank you for making the adjustments Bob it uh Britney so this plan is is um when you went in front of waterways um this was the preferred plan or the other one um it wasn't determined we presented both okay and so um the navigation issues don't change and uh the shellfish survey which would be required for a rebuild didn't show a lot of shellfish there was not a lot of concern for shellfish so the it's really a status quo outcome okay with um they approve both right are they well I I I have to say that uh you received a letter re a recommendation that at least indicated that we showed both docks and there was a general discussion about the two but uh the the difference is uh one got smaller a little shorter but that runs us into a depth of water issue with floats okay Britney anything else and have we decided to um DMF commented that eelgrass may be present nearby um within 25 fet of the new dock have we decided that um that's not actually present based on eyewitnesses okay because they recommended a survey during the growing season as opposed to outside of the growing season I would I would defer to our River Rats on that the it's deep water I mean I don't want to interrupt you but it's deep water um and the there's there's no significant change Ive been on the pier a lot all you see is Broad Sandy Bottom that's my experience as well so yeah I'm all fine with that okay yeah so we won't won't include that one have to ask thank you that's all all right anybody in the audience all right anybody on Zoom if not would somebody like to make a motion to approve the project with special conditions so moved thank you is there a second who's that right um Paul no I just second I'm sorry Paul yes yes or no oh we're voting yes okay Pat hi Jack okay Ellie I I don't know I'll have to I'm going to re not recu myself I'm gonna abstain abstain I Rick thank you I thank you David so and Jack you said abstain right yeah okay Jack did no me ja said yeah yay yeah all right uh that carries uh with what one two three four six six in favor and one abstention thank you all for your time appreciate it thank you thank you thank you Bob I'd like to thank the committee very much choke thank you thank you Mr Childs today this was a shorter but I wasn't some place it I see down where I am it's very limited though Pat because we've done oh yeah I agree I just don't think it's he is yeah next order of business another continued notice of intent for SE 832421 Robby White House town of Yarmouth DPW 125 Seagull Beach proposed Beach raking and management and land sub Coastal storm Flowage barrier beach coastal Beach and barrier beach coastal Dune uh we are we were holding or this was continued solely for nhp comment uh we have yet to receive that letter so we will continue this uh for one more round until 18th April 18th right do I have a motion to continue to April 18th so moved uh is there a second have arrived and all those in favor Paul hi Pat Jack okay Ellie okay re I David I chair votes I all right so that's continued to uh April 18th our next order of business is a new notice of intent for SE 8324262412 this is Mariana oconor 20 seaside village road was proposed construction of a 722 sqare foot detached garage with living space within land subject to Coastal storm Flowage excuse me Mr chair may I make a uh on this South Street are there two forms we have to sign Britney no one is the certificate of compliance for later in the even the meeting oh so could you put that bottom could you pull the bottom one out that's the that's the certificate right I didn't even look thank you thank you sorry to interrupt that's okay no thank you for bringing that to our attention someone's paying attention all right um anybody here to represent this engineering or engineering good evening everyone hold on uh Robert does he know he didn't ask no all right uh Robert I I don't know if you were aware uh Yarmouth when when we we asked that all uh Consultants show up uh in person uh for the hearings when they when they have hearings matters before the commission uh my apologies yeah it's difficult for us to hear sometimes over the the um hybrid system uh which is why we ask them to to show up uh would are you willing to continue to the 18th uh to the 18th um yeah uh certainly it sounds like um we don't have much choice in the matter so yeah absolutely is there an architect here for that project I spoke on the phone with an architect who said he was coming in person but I guess is there anybody else here for Okay no Okay yeah so uh Robert if you don't mind uh yeah we'll we'll continue this to uh uh April 18th and we'll see you here in person all right no problem it'll be my pleasure okay I apologize for the inconvenience but uh we like to be able to actually hear what what you're saying so we actually make a good I try to be there in person when I can I had another I'm about to jump off to another meeting and I thought I could I thought I could make it work okay no y sorry about that thank you thank you okay do I have a motion to continue this to April 18th there second all those in up sorry uh Paul yeah hi Pat hi Jack yeah hi hii hi David I fa votes I carries unanimously we'll see them on on April 18th uh next order of business is another notice of intent for SE 83-282 a bordering veget Wetland and Inland Bank all right whenever you're ready then just uh State your names for record and uh briefly describe your project my name is Nate weton I'm with the armouth Department of Public Works and Danielle Spicer with green International Affiliates want the plan see I think the last sheet shows the actual plan you want that sorry can you go to the last sheet and then I'll I'll go back to the much bigger I'll Zoom back perfect yeah thanks Brittany so on the on the top of that page if you can just push it up a little bit so we can see the top um we have what what is was formerly a we believe a grav pit this is some of this is conjecture um it was then uh became a cranberry bog and then subsequent to that uh that the land was gifted to the town as conservation land um and has remained that way ever since there is a a small head wall at the uh at the top of the picture see keep yeah there we go that's the head wall thanks um and uh in in this head wall there's a 6-in diameter pipe which actually goes extends uh basically it keeps the level of the Wetland where it is the purpose was and it goes to it it goes underground and then actually Finds Its way to a catch Basin in sucket Road so the history of this is that DPW was doing its its uh spring cleaning of catch basins and we found out that the that the 6inch diameter pipe which comes out from this head wall um was broken we we couldn't get I mean we couldn't get tools into it uh it's a 6 in it's a clay pipe it's it's very old um but it was functioning as basically a check on the water level within the Wetland and so basically the the purpose of what we're doing if you go back to the plan Britany the plan view um is to find a way to restore the function of that pipe without actually working in the conservation property or the wetlands um and so there's a triangular piece of property which sits next to the the the town conservation easement I don't know if you can outline that Britany but basically that that that piece is is a town easement and it's basically to maintain um the outflows from a couple of catch basins that are within sucket road so the idea basically was to come up with a system that would replace the function of the 6-in diameter pipe without actually repl placing the 6in diameter pipe and so what we have is is a catch Basin with a beehive grate and the Beehive grate is set with a a rim elevation that is some I think it's a foot and a half or maybe it's 2 feet below the neighbor to the left their basement level is that yes yes okay all right um so with that if you want to just start U maybe at the beginning so this just shows the aerial of where that kind of where we are with regard to on satet road um the next image just shows these are all figures that are in the no 71 this shows um the resource areas that we were just talking about so we've got the the Wetland area to the north we're showing the 25 foot and I apologize I don't have my glasses on um the fif I think it's the um and then the 50 Foot no touch as well as the 100 foot um buffer area so the entire work is outside of the 50ft um no touch but we are within the 100 foot um with regard to Resource areas and all we're really trying to do is um Rectify this this collapsed 6-in clay pipe and basically provide that overflow that was happening under um be able to do that under proposed conditions so you can see on um we did include a couple pictures in the notice of intent that's what the next few slides just show the existing conditions um that side on the bottom is the head wall that was just talked about um this is just looking at it from across the street um and then this is the outfall there and then the last one just shows that's yeah the existing covered outfall um and that shows kind of the location to the right of where that new catch Basin will basically be um and then the last one is just the proposed conditions for um the new catch Basin and the pipe section okay great thank you uh question from the board well was certainly great we had all the rain so we had a very clear picture of what's Happening down there um doesn't really fall on our purview but any consideration to the U budding residence to the to the West is it it appeared that it was very close to being in the same level of uh their basement same level as what this pipe would end up being just curious about that so I think that's why the we made sure the rim is below their basement elevation to make sure that there a relief that it's not going to actually get to that house it will actually go through this catch Pac and first and it will go out so that was a really important consideration to make sure that was lower than that you with with all the all the rain um Rick um we've seen some pretty high water water levels in that uh I've seen we've seen the water come up just just above the that headwall but we haven't seen it come anywhere near the where we're planning to put the Beehive yeah so I think this is going to be a very seldomly used uh piece of infrastructure um with any luck not but it's good for the bigger storms there it's there for the bigger storms thank you um this is unfair question what uh is your your this is a special design so what's your experience with the aot many years this will last can you expand upon what you're trying I guess what's the design life of this from a Viewpoint I mean it's it's a typical Culvert with a cross connection you don't have any actual vehicle travel really going over it it should last for a very long time um I don't see uh there really shouldn't be any detriment to how this is working um the previous pipe that you had there um the 6inch pipe I I'm trying to remember what the material was that was called out clay yeah it was a clay pipe so this is going to be a much stronger more durable pipe it would last a lot longer um than a clay pipe typically would but my next question is even what about climate change and how much is it going to expand and go into the neighbors so we don't typically design for projected rainfalls um but it is something you know it's it's always fine to ask and to look at that I think that's why one of the major considerations we wanted to make sure was the elevation was appropriate um the the size pipe if you can go yeah can you zoom in um and just um so I'm just trying to grab the size um 12 in yeah um that that it's connecting to so I mean it's it's not sized for projected rainfall but it's certainly as long as it's it's open and flowing you're going to have that direct connection um obviously if you have a really significant very large storm it it could get inundated um but we also need to be a little careful that we're not putting in something so large where you're now increasing Downstream flooding so it's a little bit of a balancing act of trying to make sure we're putting in something that's appropriate for what's there now um and we're not exacerbating something Downstream right and the the the top of the grate you can see on The Beehive grade 46.75 um I mean that is that is below the neighbors basement which is 48.2 or something like that I believe um you know we have not we like I said before we haven't seen elevation water elevations in in in the last year and a half we have had some good storms in the last year and a half but um we haven't seen anything that's been anywhere near as high as 4675 yet um so we're we're I mean we're confident this will be a seldom used overflow that in the event that we need to protect the neighbor we will okay it anybody else Britney uh my only comment would be that it seems like there was a lot of vegetation removed during the investigation um inside that 50-ft buffer and so um I would ask that as a special condition we make note of the regrowth at the end of this this growing season and if it's insufficient we provide some replanting of that area especially within the 35 but that's the only thing I would um request yeah very very well thought okay thank you very much yeah anything else Britney that's all okay anybody in the audience on this one anybody on Zoom uh if not would someone like to make a motion to approve the project with special conditions and noting uh we uh assess the uh uh restoration of the 50ft uh buffer after one growing season I will Jack second second thanks Rick uh all those in favor Paul hi Pat hi Jack hi Ellie hi Rick I David I shair votes I it's votes unanimous um IES 7 to zero thank you great thank you so much oh do you need the green cards yes that' be great sorry would you like the notice the order mailed to you at Green International or to DBW um did you to rec usually it goes to the representative great do you both of them yeah these Town folders are so big all right uh next order of business is another uh notice of intent for SE 883-2414 and 165 bter Avenue this is proposed raise and replace of a single family dwelling and apperances in the buffer zone to bordering vegetated watland and Coastal Bank Mr Healey Mr Hoops Mr chairman uh good evening members foro my name is Kieran Healey I'm a lan with the BC group representing the owners of property missley um we are looking to do a raise and replace on this um existing lot down on 163 back Tov um it has a second address of 165 as there were originally two lots there that were both buildable but Mrs Mr Hanley has decided combine the Lots into making it one one buildable lot um we are proposing as I mentioned a rais and replace of the existing dwelling um we are posing the majority of the new dwelling outside of the 100t buffer there is a portion on the uh Westerly side that is in and then the uh closest portion of the the work will be the relocated garage to the north side of the property other than that is a pretty straightforward uh project it's a new house with a relocated garage the septic system is going to remain it's a relatively new system and relatively un use so that's going to remain in its current location uh we have spoken to the Board of Health about that and they are fine with it and um other than that I'd be glad to answer any questions that you may have okay thanks Karen questions from the board Britney uh my only comments are that our new regulations require that if you're proposing tree removal within the 100 it should be noted on the plan with the trees to be removed um yours plan your project is an exception because the 50ft buffer is wooded so it will remain intact so we won't require replacement of those trees but for the future if you're doing tree removal within the buffer zone they generally need to be replaced if the 50 is being is not intact so no questions about your project specifically but for tree removal in the future thank you we need to locate every tray in the 50 to 100t buff if it's going to be removed yes that would I unless it's unless an effort to project yeah unless it's fully wooded um and you're going to keep the 50 Foot like you are in this project that would be an exception it doesn't apply to this that you don't have to worry about it for this one I have to yes I fully understand for this one but for future I have to charge my kind accordingly another half a day work in the field another half a day work in the office so it all it all costs money uh anybody in the audience yeah if you would yeah just go up to the podium over here and then if you would just briefly state your name and uh your address and make your comments sure uh Andrew Mills 166 backer Avenue directly across from U yanley and the stoies and uh her sister uh very much in favor of this project um family's been there my whole life um they've been great STS of the property and I know Karen's been uh had um conflict about some of the trees that have to come down so uh she's uh they've been great stewards of the property overall and um very look very much looking forward to this and then being a neighbors for the future thank you thank you uh anybody else uh anybody on Zoom all right if there's no further discussion among the board would somebody like to make a motion to approve the project with special conditions so moved second all those in favor Paul hi Pat hi Jack hi Ellie hi Rick hi David I and chair votes I carries unanimously 7 to zero thank you Mr chairman thank you members thank you K are you in the office tomorrow yes I'm GNA give you a call concern all right uh next order of business we're moving to certificates of compliance uh we have three certificates of compliance all are eases uh so we have an um certificate of compliance for SE 83 2313 uh Harold Melissa procop 41 Powers Lane SE 83-282 Robert anches 154 South Street and SE 83234 67 1 and 18 Neptune Lane LLC th for 17 Neptune Lane do I have a motion to uh issue um certificates of compliance for SE 83231 383-2032 and SE 83234 6 so moves second all those in favor uh Paul hi Pat hi Jack hi Ellie hi Rick I David I and chair votes I all carry unanimously 7even to zero to hold on for just a second while we get these things on oops where's my third one somewhere here two three right all right uh moving on we are moving now to the enforcement we have three enforcement uh cases first one is Mary and Steven hmond 47 Mariners Lane unpermitted vegetation removal within bordering vegetated Wetland if you get yourself situated and then what I'm going to do is ask uh Britney to give us a quick rundown what's going on and then we'll go to questions for you and Britney from the board sure before before I I begin Mr chairman members of the commission Mr Enzo my name is Steven snow I'm councel to uh the property owners Mary and stepen Hammond I want you to know that uh she would have been here Mary with me this evening uh except she takes care of her husband Steven he's 83 confined to a wheelchair she's 86 they're retired uh they moved to uh Cap Cod and bought 141 Center Street in 1999 and they purchased the property that's subject to uh the wetlands protection act in 2016 they specifically wanted me to tell you that they are uh responsible property owners in law abiding citizens and I want to take a moment to explain to you what I think can can I hold you I'd like to actually hear from Britney esta what what the actual violation is first and then I'll I'll let you respond okay yes sir all right thank you so I um it came to my attention um so this is the property the house in the background you can see is the owners of 141 that's 141 Center Street we're kind of around the corner here on Mariners Lane um and this is a vegetated wetland that has shown in previous permits that the owners have have gotten from the Conservation Commission and it has been clear-cut um and so I sent a draft enforcement order to the homeowners requesting their presence here um with some some conditions for ratification from the board including complete restoration of the Wetland along with a fine that is the summary okay so questions from the board for Britney first forward okay yeah I have a question when when was this all done um I was there late last week and then we were there on Monday um it looks pretty recent so I'm not sure exactly when it was completed but it looks like this season winter okay um You So within this to say is why why was it done I mean I'm sure that these folks didn't want to violate the Wetland protection act but what was in their mind to do this that matters if yeah if you would like to I'm I'm prepared to address that yeah thank you uh so so specifically the work was done in December of 23 this photo that depicts uh a a lot of water on the the uh subject property that's how it looks today when the work was done on in December of 23 there was no water uh the soil was hard there was no indication that this piece of property was subject to the wetlands protection act my clients had their certified Arborist go to this subject property to remove garbage folding metal chairs 5 gallon buckets other debris and to to remove uh English ivy and invasive species that had taken over the property so without admitting a wet a Wetlands violation my clients were not trying to violate the order they were trying to enhance the property protected uh by the wetlands act and this is what I've just passed out a copy of to everybody and you can see that it's directly behind their home and if I can point out to you here this uh piece of wetlands is approximately 4700 Square ft on a 13,000 Square ft uh piece so it's basically one10 of an acre my client wasn't trying to violate the ACT they were trying to clean up the property for themselves and and the neighbors uh and it did not look like that I spoke today to the fellow who did the work a certified Arborist and that's the explanation I received when I asked the question that you just asked of me who did the work who was yes pardon me who was the arborist who did the work uh camle Jesse camle don't know did you spell that last name c uh a m o l l i out of Centerville so the reason I'm here specifically uh I'm looking for Solutions I'm not I'm not looking for a fight I read through the enforcement order here and I see a list page four on the order of enforcement conditions 16 separate paragraphs what my clients did and again we're not admitting they violated the law they instructed their man to go clean up the property this is a minor violation this is not coming in with a dumb truck and and trying to fill wet lands no Earth was moved no escavation was done no one came in with a Gravely and and try to level everything it's it's our position that the order of of enforcement conditions is a little much for what occurred and what I'd like to do is stay this order of enforcement enter into negotiations with uh the conservation uh administrator meet someone at the property I mean their their real violation here is they didn't file a proper notice of intent they didn't know to do so because they didn't know it was protected Wetlands nor did camle when he went out and did the work so what I want to do is negotiate with you can I ask you where did you get this plan uh I I didn't give you that plan this is from the conservation file from a permit we issued in 2019 I gave uh this deed oh those are Deeds that you gave them okay all right yes that show that I I that's all I just that's all I need to know U Can you and I can see on that that that indicates its Wetland can you bring up a mass do you have a mass mapper of this for this I'm confused what is that we were just looking at that has the wetlands on it a site plan that was a site plan by BSC from 20 House was built 16 was it I think they replaced the septic uh M oh yes they repl there you go there was but I think it I think it was 2016 if I remember right that the lot was purchased when the yeah when that when that plan plan was from 2018 so okay so it's clearly marked on uh yeah one mass mapper and I mean I I'm very familiar with that area and it's I don't know how you could miss that um I mean my my real comment here is like I I can see I think I would have been more likely to to find CLE for this um because he knows better he should know better and it's not something that was difficult for him to look at he just decided not to look at mass mapper that say that being said I can I can also see that it it is a this is all a buffer right buffer to to the it's there was no damage to the Wetland itself this is the Wetland itself this is the Wetland yeah it's a very small parcel and CLE told me he did not cut down any trees all he did was remove invasive species specifically English ivy that had overtaken the parcel and again my my pitch to the to the commission if you will is rather than deal with uh uh a list of enforcement order conditions that's uh erroneous given the lack of a a real violation here no wait a minute you're cutting vegetation you're altering a wetland resource area that is a violation it's not I I I I understand that um I said earlier that there was no movement of Earth or excavation or Phil uh I I've I've explained the circumstances of what occurred and if all they did was remove garbage and invasive species it is not a violation of the act because they're enhancing the wetlands that would be our position and what I'm trying to do is work with the commission and avoid going to the Barnstable Superior Court for an appeal because the the enforcement condition list is a lot for the this particular piece of property I would like to be at the site with the agent we'll figure out uh what you what needs to be done we'll submit a notice of intent and I'd like to go ahead and have the uh enforcement order state so just to be clear um I I thought I had explained to you during our phone call earlier today that the enforcement order and the conditions list that you are sent is essentially a draft the the enforcement order conditions and the requirements under the enforcement order can be discussed here at the Conservation Commission meeting and they must be approved and ratified by the majority of the commission so that list is not final and forceful it is up for discussion tonight with the commission itself because I am not the governing body it is the seven people here maybe I understand may but nevertheless that's what was submitted to the home owners who read this and begin to shake in their boots because it's a lot it scares them they are not people who violate the law and perhaps in the future there could be some uh uh disclosure at the bottom of the document that says what you just verbalized to me so that members of and and citizens of the town of Yarmouth know that upon reading the document so I'm happy to discuss the list with any member of the board who would like to engage me just regarding your last comment you know that's why you come to a meeting so that we could talk things over you're never going to put anything in a document it's going to answer all the questions there plenty of people who show up and aren't quite sure how good or bad this is going to be so that's why you have this kind of a meeting to do that and make that determination I'm sure there'll be several um uh um suggestions about how to proceed in some kind of a reasonable way from this particular commission yes sir said well you know I I as one would be happy to consider a mitigation plan utilizing native species as a as a solution to this problem um I'm curious is there a chance that the arborus is in the audience as far as I know he isn't some faces I haven't seen before so thank you okay Mr chairman Mr chairman oh sorry sorry David go ahead me um I have two question one question um you keep mentioning that there was just trash and invasive plants is there any proof to that do you have any pictures from previous um um times before they did that work are we just taking your word or the word of the aist do you have any pictures that show the site before before that work was done I don't and I specifically asked that question and secondly I agree that it's whoever said it that the alist should be find um for uh something he should know what he should do before he does any any cutting any if he's truly an arist he knows he knows that Sweatland I have no doubt and uh I think I would vote for a fine for him um and I just want to put that out there thank you so there was a fine issued to the homeowners yeah when did you oh this was done on the three on 325 yes that's correct we did receive a citation with the certified mail and and do you know have they have they paid this yet no you don't know or they haven't they have not okay um I I do sympathize with the owners because you do hire someone with the hope that they know what they're doing and uh you know this person I don't think knows what he's doing so I do sympathize with the owners well I I'd like to share with uh the commission some of the conversation I had with the arborist and he he mentioned to me that a there was no no water on the site the soil was hard uh granted it was December but there were no skunk cabbage there were no there was no Moss or Fern or any other indication uh according to what he said to me that it was Wetlands uh and he specifically told me that uh the the soil was was hard now I want to relay that because that's what was said to me but I represent the Hammond and not the arborist and uh and I think uh you know a fine for them is is you know it's bad business for them right what they need to be spending their money on is figuring out how to rate this particular piece of property so that they comply with Wetland protection act I mean I'm inclined we can just issue another one can I ask and question Ed leave that yeah I'm I'm inclined Let's see we got 21 days for this um I'm inclined to ask uh natural it's natural resources who writes the tickets right isues them sign them or wres it okay um so my my inclination would be to ask you to resend this ticket and issue one for to camole and I would if I could find trees out there I would I would almost give them one for every tree that's get that gets cut down but I I mean I would I would say that if we can uh resend it I would like to see I'd like us to resend the the ticket to the homeowner and issue it to the um the arborist because he should know better I suspect he does know better I know he should be uh aware of going to of Consulting um Mass mapper uh as a very minimal source for the the least source to um determine whether or not there's a wetland on the area and again knowing that full at that area I don't I I I I just cannot see how an arborist can actually stand where he's standing and not understand that that is a wetland agreed and so I do understand what this map is it just shows you right out I clearly see what what he's referring to looks like that entire area yeah he's a uh a wetlands area beginning behind my client's home with the acception of the street that runs down the middle which is odd for Wetlands but I guess that can happen especially with that part of Y for yeah that that's a that's a common occurrence um I'll have to check about the logistics of resending I would probably just recommend that they don't pay that fine and I will issue an additional fine to them check check with Bill there's a provision on the citation to appeal it check with Bill to The District Court and I I can do that and and perhaps have it dismissed at that stage have to go to only a stamp yeah I mean I'm I'm trying to avoid extra costs to the to your client I mean I absolutely I'm you know so I would say if we can resend it I I know different town but I I I think there should be a way uh because you're still within the the period that the the ticket is still you still have 21 days to pay it so reason um oh it's from from her and i' I'd be glad to help sure make that case for you as as well thank you um I can't promise anything but that's that's what I'd like to try and do I and regardless I say we definitely need to issue the the citation to the uh to the arborist um I will let the rest of the board make their comments if they if they have any opinions on how to proceed uh with mitigation I I mean clearly there has to be mitigation done um I mean I'm I'm willing to adjust things a little bit uh I think you still need to have a wetland professional do the planning for that uh but I would be willing to allow and in this case and I mean I see exactly what you were what you were aiming to do uh Britney um I'd be willing to to do something short of a serp under this this circumstance as a as a single so sing for a Wetlands Restoration in the Wetland itself you don't want a wetland specialist to make the plan well I mean I yeah no I think you have to have a wetland specialist I just don't know if we have to be Ser certified okay it says Wetland specialist don't you have a serpent oh you have a that's a that's part of a wetland Specialist or a Ser or a okay sorry yeah I wasn't reading it close enough here well if I can ask a question please um so when the folks um hired this guy to come and he cleared everything out uh the way he did and he's talking about pulling out English ivy and so on so forth um I would think there would be a discussion about the fact that all this stuff is going to come back unless it's dug up from the grots and so did they did they have a plan for what they wanted in that area and could that be merged with the restoration plan that um we're talking about with the help of a wetland specialist I think that's a a very good idea because it's going to come back and had they had they uh complied with the law initially they would have had a notice of intent that addressed that issue and had to deal with it a year or two down the road so sure we can we could put that well that's uh kind of up to our agent but I just as a suggestion no I'd love to meet uh a representative of the office at the site with a certified professional go through that with them and come up with a a plan that is not exorbitantly expensive in order to restore these these we Wetland uh to the condition that we're in prior to yeah so this is the Wetland from the other street so this is from catch like right here looking at the Wetland um lots of vines I was just trying to get a sense those those trees are still there it's when you go around the corner that it looks like it stops um they don't have the imagery from the street it stops that's where it stops yeah and on that road that uh backside of mariners I was there myself the other day and there are a lot of down trees uh and I think that property now depicts the condition that my clients were trying to prevent their property from uh becoming and that is as if no one was taking care of it but that's what it looks like now and you can kind of Wiggle down this way more to be right in in front of it that's the roadway uh on the corner yes there's no evidence of a there yeah there was no water in December there no way there no trees in there yeah it was all I mean it's not a potential I don't think don't remember there so uh if I may just uh one more time chairman uh I my my uh pitch to your uh commission is to stay this order uh of enforcement say for 60 or 90 days in order to meet at the property and and see if we can come up with uh a a plan that rates the area uh and Returns the lot to the to a a condition consider with with with the wetlands protection act that's what I'm trying to do here I don't want to get into I'm aware of my timeline to appeal to the court and I'm trying to avoid doing that and provide Solutions as opposed to to a fight that's my job here on really pardon me what are you going to appeal on it's it's has happened oh no no no I understand just I I understand that but but if you if you take a look at some of uh the items on the list but we're not we're going to just give you certain ones tonight then we have an agreement yeah I mean I think I I I mean I'm I'm not comfortable on staying an enfor first of all we have we haven't even issued an enforcement order at this point uh but I I don't have an issue I I wouldn't have a problem if we would like to continue it because nobody else has got gotten this one right except for the through the agenda is that the only way we got it or was that in the agenda I'm sorry I don't understand your question for the has anybody gotten a copy of have the Commissioners seen a copy of the enforcement order as written it's in like yeah there was emailed it's a part of the email right okay so I think what um they're going for is removing the stamped plan with the existing conditions and just submitting a restoration plan so instead that your saying instead of doing the I mean I I could live with instead of getting a stamp plan stamped yeah that you could maybe even use that use the um plan that was there for the septic and allow the The watland Specialist to address I mean I'd certainly like to see a fairly fairly robust buffer uh maybe not so much Wetland uh restoration or Wetland plant restoration as as the more on the on the buffer side of it put in a strong buffer with a a demarcation and I think everything else would would fit in I yeah I agree with that with yeah with no existing conditions plan but everything else pretty much would remain basically yeah basically you're um you're just just um strike modifying number one is there evidence for tree tree removal I mean that you can see or I didn't walk on the property because I didn't have permission to walk on the property so I only saw what was from the street so I'm not sure if there were trees so maybe a written written uh statement from the Wetland Wetland science or Wetland professional then as to whether or not and if there are then we might have to so I would uh I would change number two just to say that a written statement from the uh well un professional uh concerning any trees that were Dam or that were that were cut and then three so the existing condition just use the the plan of record for that septic as the uh base plan for a mitigation restor a buffer restoration plan are we comfortable using a delineation from 2018 yeah I think they still need to draw in the I mean they can again they can they can use a scale scale to uh draw in the 35 there should be a 50 and 100 already on that right I think there is on there yeah and then I would how do you feel about the where do you want to see the the uh demarcation line at 35 or 50 the 50 50 50 I I'm comfortable with the 50 okay so we'd be looking to do a a a no disturbance at the 50 Foot and to mark that with a single rail fence or some other means of Al mean alternate means I don't believe there ever has been a fence there that's why we we'd like to that's why we'd like to put the 50 Foot or put it at the 50 Foot so that way they know to not not impede into the 50 Foot um 50ft buffer and then I think all of the rest still meets we may I mean aim for the for the full restoration nope that's not right 2024 my bad yeah full restoration you could aim for June 30th of 2024 and with that I would say as long I mean I I want to see some I'd like to like to try and aim for that certainly that's a lot to do within the within two months but I think if as long as they're working toward it then I I don't have a problem if we have to extend into the fall yeah so what is then uh the deadline to submit the plan so mind you I'm going to be responsible for initiating contact with a professional who will put that plan together uh I uh I'm fulltime at at what I do uh I'm going to need uh I would need frankly until about June 30th to get a plan together and perhaps maybe by the end of the summer complete the restoration I don't think that's we should aim for this spring I yeah I I think that's unreasonable I think you can get I think you can certainly get the plan by May 15th and in theory you could actually get the plants in the ground before the end of June is that your goal to get them planted before the end of June that would be my goal yeah and like I said if you know it's getting by that time it'll be getting later in the later in the in the spring and you know the availability of plants May there may be issues with that but uh I'd like to see working toward a full restoration by the end of June that's June 30th 2024 and then uh if you know if you're working toward it and you can't make that you just you just can't get all the plants in then you know that's not an issue with moving it and and moving into the fall then for the rest of the planting okay so as long as you comeing as long as you're working toward it and you and you uh Express that that uh to Britney then I I would I would see you being allowed to move into the fall for the for the rest of the planting that seems fair okay do you want to take another yeah rise crack at the conversation and then uh in the meantime you can start the hiring process for finding a wetland professional to do the uh I actually received an email uh from Britney with names okay so you you have a list of of contacts you can you can contact I will I will uh start on that and then we'll look into the possibility of resending the the um the ticket from the from the homeowner and regardless we will issue to uh be arborist and you'll issue a new uh set of conditions for me to follow yes so we'll reissue the enforcement order with the commissioner signatures after they vote to ratify it and with the new condition list thank you Mr chairman thank you members of the commission thank you for your time right and do you want to just go we'll just we'll go ahead and and um you want to review that vote yeah find with you voting and then and then as long as you can yeah just cliar yeah so would somebody like to make a motion to question uh yeah Jack uh a little background on this how long have they been there 2016 uh they purchased uh 141 Center Street in 1999 which is the ab buding lot to 47 Mariners which was purchased in 2016 November I believe and what's the was the original purpose of their clearing it because I as I visited I didn't see uh they still have brush in the back of their yard they still have so that they really can't see through the brush in the summer to look at that land what was their original purpose uh you know to clean out the trash that had uh been thrown on the lot I was told specifically folding metal chairs a fold holding metal chair debris and two plastic 5 Gall buckets and so then is that uh original plan that shows the Wetland for the uh septic system is that in the deed PL don't usually get attached to the de but it was at the time that they were buying it that was I'm sure they probably went through a a septic inspection at the time you know as part of the the sales process and the septic probably didn't pass and so it was had to be upgraded which is why the plan was was drawn up to replace the septic then I would imagine yeah just yeah okay so would somebody like to make a motion to uh uh amend and issue the enforcement order or Revis and and uh issue the enforcement order as uh discussed uh to resend the uh ticket to the homeowner is and issue a new ticket to um C landscaping so moved so second thank you uh Paul hi Pat hi Jackin Ellie I Rick I David I chair votes I that carries six to with one uh 6 Z with one exstension all right and then you'll have it I mean you can check with Britney when when that finishes off then I will or when she gets that revised appreciate your time this year all right next order of business another enforcement hearing for uh don Carol 49 Southshore Drive is an unpermitted deck Construction C in the buffer zone to a coastal Beach and flood zone okay so this is another enforcement hearing thank you that's of photo evidence on this one of past and present just loading them up you okay Britney I think you sent me some of most of these that you have given us um so 49 Southshore Drive is direct pretty much one of those older houses directly on the beach on Southshore Drive near the red Jack Resort um so the house is directly on the coastal Beach and there's a small deck on the side um in our previous permitting with this um sorry this property there was a small deck on the side approved by 4x7 ft with an additional 4ft staircase on the bottom but a different deck has been in place since then um a larger deck that extends to the bottom of the house and this deck was destroyed this winter and the homeowner thinking that it was approved previously built it in to replace it um the building office actually gave them a stop work order because there was no building permit and they let me know as well since it was on the beach um and so I in looking at the other plans we realized that the permited deck is much smaller than the deck that they have had in place for the past 20 years um so we issued them a draft enforcement order to come discuss tonight have you owned the the property for the whole 20 years or did you I I've owned the property good afternoon I'm Don Carol and yes I've own the property since um 2002 I purchased to death an elder uh couple and they had owned the property for 30 years before that but you were the one who who per who did the permitting for the deck it was that was that's supposed to be there right yeah so this is was permitting for a revetment and a Stairway um with the existing permanent deck shown on the plan so this isn't explicitly for the deck it's just approving the existing deck um that was smaller than the one that was built afterward the the deck was always there since 2002 um the um the deck that you see that extends all the way down to the end of the house the other one that I guess is called being called the permited deck there's a landing that you know when you walk out the door you go onto the PCH and then you walk down onto um this deck if I could add just a little to this the the there's two paths to this one is the fact to um explain to the board how the uh deck that is closest to the water has been there since 2002 those photographs that I've showed you were taken in 2004 the reason I B those is because I wanted first established the deck was there the plan that was shown doesn't show the lower deck I don't know why that is but it doesn't show the lower deck but you can see from those photographs that were taken in 2004 the deck has been there we've also sub photographs from 2012 2015 and you can see from the photograph where it was all destroyed that there had to be a deck there to show the rubble that created the the debris that's been that's there that right there is the is the deck you can see it was sitting on those cinder blocks that are in the Forefront of the picture so as I say this is a two-part exercise one is to uh explain to the board how it was there and then the second part of it is the um Construction of the deck um granted the construction of the deck should have had a permit from this um commission but being being demolished in the storm it was just being rebuilt in its same location that it was before so that's that's kind of the background but we have submited photographs from 2004 2012 a picture of 2023 of the destroit and then you have the enforcement AO picture that that uh um Britney had shown to you the area where the deck is is actually where the septic tank and the septic pump chamber are so those are the locations of the existing septic tank and the existing septic pump chamber on the side of the building right where that number six is right now so the deck was on top of those partially to block the concrete that was exposed from the septic tank it goes from a septic tank nearest the ocean to a pump chamber and then there those of you been out there you'll see a large septic system vaulted septic system in the front of the building building so that's when the that's what the purpose one of the purpose of this deck is was to cover over the septic tank um there's now a hatch in the in the newer deck to um access that septic system so this is not this is nothing new that was Disturbed I guess that's the number one thing that we need to confirm at the board tonight is that this is nothing new this is something that was destroyed in a storm and it was rebuilt it should have come back for a permit to this board but it didn't but it was there and it was destroyed and we look to replace this we would asked the board to uh Grant approval of building us and then come back with an after theack filing to um allow us the construction of this St just interesting who who did the that old plan east cape engineering who was it east cape engineering um I'll have to open the notice of intent because I can't read the stamp 28 Orleans oh Tim Brady it's just confusing to me because I trust the old plans but I I obviously see that the deck has been there um but it's tough when you have an approved plan that doesn't show it oh I take it this is the plan I have a quick question have you been out there this morning to see if it's last night I was out there yesterday I didn't go out there this morning I was out there yesterday I was just wondering was something last night as opposed to the Southwest Southeast that we've been getting so well still it was something what El was what I was surprised at yesterday I was apparently I was out there at low tide and the location was about 5 and 1/2 ft above where I was standing at the waterers level so I was surprised on the south side to see that the water had run up that far and actually damaged that area and so the other part of um they there are two open orders or sorry two expired orders that have not been closed out um so if we end up requiring a notice of intent those two old ones would also have to be closed we we are aware of that and we do plan to close the two existing orders of conditions I to go oh yeah I think it's been around it's clearly been demonstrated has been been around for 20 years so I I think at this point um I think it's probably better for us just to get it after the fact filing do an after Thea filing and thank you the only bad part about it is it's going to I think it's going to be a notice of intent so it has to be an after Thea notice but it gets it gets you it gets you where you want to go we can we're happy to do an after fact notice but because it was an emergency destruction um I think we could do it with without so but we'd be happy to do an after Thea notice if the if Comm I'm sorry you deal with because it was emergency um because it was demolished in the in a storm right um you could do that under request for determination right do it as a as an RDA with a stamp plan as a what as an RDA he said it's on the coastal Beach we need an plan an existing plan well he would have to do a stamped it would have to be a stamped plan that would show the show the deck and we fully expect to do an stamp plan that's that's not a question we fully expect to do a stamp plan okay you know given the given the length of time it's been out there I I'm good with that I could live with the RDA as long as a stamp plan are you good with that Britney sure good all right we'll do a stamp plan and when would we like to get the stamp plan there's nothing there's nothing else going on it's a busy time right now please please give me some leeway how about two two months going to talk to the new office manager I said that with a straight face too the two weeks AG I know you did I was impressed um two months like June yes oh yes definitely within two months I'm sorry definitely within two months June 15th June 15th right that's two yeah two that is that would be two months and some yeah about three weeks for the field workk and three weeks for the office and then we we' F so right around that time now the the biggest thing is also do the co you you know request the coc's as well discuss those and what has been done and was what has not been done of those those original um a conditions but just to confirm this would allow us to finish um we know we have to deal with the building department and get that squared away but this would allow us to finish and this would be an after the fact once it's finished yeah as long as it doesn't get any bigger what you see in the photograph what from from what's there right right no the oper Landing railing hand railing and stairs and finish um the access okay um so I'll if you would run up the photographs that were taken a few weeks ago just to to be sure that the this is you know this is what's there and this is what we'd like to finish so just leave a space for the wastewater treatment pipe to get in there you in a few years yes I'm excited about that sou show drive has started it's a wonderful thing yes all right would somebody like to make make a motion uh to um receive a stamped Rd a plan showing the location and dimensions of the of the um deck and we'll do that as an a the fact so moved and jackiel second okay all those in favor uh Paul hi Pat hi Jack hi Ellie hi Rick hi David I and chair votes I carries unanimously thank you Mr chairman thank you members thank you Britany thank you very much Mr hey was a pleasure all right uh next order business another enforcement hearing for Michelle Gardini 68 horse Pond Road unpermitted structure Hardscape and tree removal in the buffer zone to a pond and estimated priority habitat of rare species hello yeah I feel like this is like the one that just keeps giving yes so um this property is Sixt HSE Pond Road it is on horse pond um and there are it's on horse pond and it the pond Shore all the way up to the house and into the backyard are estimated and priority habitat um so it came to my attention that a shed pad was constructed although I at the time of issuant of the enforcement order I was not aware that there was a previous shed there um so there was a small shed over here that um they that fell down or was damaged or torn down and the homeowners implemented a new but also larger um pad to put in a new shed I think a tree or two were removed during this I am not positive about that we'll have to ask the homeowners but that is why the enforcement order was issued um because construction of an unpermitted structure although I did not know there was a shed there previously when I issued the order um so we're here to discuss the the priority habitat it's also within the buffer zone to the pond um and whether or not trees were removed in that process they do have a building permit application in I am not going to sign off on that until this is squared away but they have initiated the building permit process okay any questions for Britney or homeowner that overhead shot it just appears that the the lawn goes right to the water which is another issue for this yes so there is also an existing so there's a um a wall I don't have photos of that side so there's also we have an existing violation with this property um two years ago they cleared the pwn Shore habitat and we had them we required that they file with natural heritage working on that right that has not yet been completed and that's two years ago right yes they are working on it um I have been in correspondence with the consultant but they he has been working is that new construction bigger than the existing shed that was there slightly and can you guys say your names for the record yes my name is lud Gardini I'm Michelle's Gardini husband property owner my name is Alec the I'm the uh friends with Gardini helping him out with the shed or you did you you both built it yourself or is that what you were doing or so Mr Gardini is you know his office is all the way up in waldom in Boston and I live here on the cape right in West Parable uh so anything that he needs on a house um I try to help him and I have a construction company so um we talked over the phone there was a broken tree that fell on the shed so I sent a a couple of my guys there and they you know removed the tree the broken tree and remov the shed out of the way and we laid down the gravel thinking it would be the friendliest way to put the shed on instead of putting footings and stuff like that so okay and so the there was a shed there it's just the shed that's replacing it is slightly bigger than what was there is that yes Mr shman and the reason for being a little bigger because we put out the kayaks and boats on the beach disturbs the natural habitat my and doesn't preserve the boats so then my idea was just to put everything inside the shed when I'm not we're not using the house and over the winter so it don't disturb you see uh one it's horrendous for the environment uh D damages the the boats with the sunlights and UV and the only reason we put a little bigger because some of the canoes are 13 ft so I read on that I could Bo so the shed is 10 by 15 I believe the prior shed was 6 by9 I'm not sure as you can see there was uh we've been in the house for three years um and we take very good Pride this is my happy place uh but I would like to keep neat and clean for everyone to enjoy we are side by side to the reservation Conservation Area on the left of the house is our Conservation area and we take very much pride of it you have all the wildlife come to the house and you preserve you don't disturb anything uh exception when my kids were playing I have two daughters 9 and seven uh and there was a lot of glass at the beach when you clean up the beach a lot of debris and dirt from the prior uh use the prior use was for an Airbnb we don't rent the house we don't land the house um and I would like to keep the property very neat uh so that's the reason we decide I decide to replace the shed it fell a branch on top the the ceiling uh the floor of the shed was rotten um it damaged all the equipment and a branch fell on the roof which broke so it defeats the purpose and then had to be replaced I did the application for the shed it's still painting here of Britney um and understand I here to make it happen and whatever the conservation requires we are going to do okay so I think so you're we're asking for a restoration plan with the full planting protocol uh which I think is appropriate I think we need to uh you need to the plan itself should also include the new uh loc the location and the new dimensions of the of the um shed and whatever is the difference that need to be that that needs to be mitigated for uh with the with the planting so excuse me on the shadow was only one tree that was broken and that's the only reason it was removed that's the whole one of the reasons that has to that would that should be replaced absolutely in kind and with at least like a two two to three inch calber tree problem and then I would also again because you're making the the shed bigger than what was there m uh we would require that you mitigate for that uh and that what is that it's a two to one for that that zone Mr chair may I interrupt you first minut why would we consider even reviewing this given that they have an issue that's been out there for over two years I'm just I'm a little confused I'd like someone to explain that to me you know it's been a it's a it's a serious issue that has not been it doesn't seem to me that they've taken it seriously no we have taken very seriously we hire the professionals and years exactly the professionals are now are getting back to us uh we've been following up bring his his testimony to that uh we've been following up with then with the engineers and everything else and they don't get back to us trust me the least and last thing that I want to do is having problem conservations I don't know where else to go or what to do we ask for the plans we asked for a plan the initial answer to me was let it grow and I said do that and we've been requesting a followup for over two years so we not in violation there is no intention to be in violation we've been doing everything to our power to ask the professional certified we hired the ASA Mesa certified people but they don't come to the property and don't give him the plans and then it's beyond my control we've been my wife has been in contact with Britany trying to resolve this matter which he has been I understand your position but we trying to do everything we can but we depend on people to get this done yeah Rick I will say I I share your frustration I feel like I I've been strung along and not being cooperated with but um they I issued them two fines they paid both those fines um Michael Ball started with them last summer in July I email him every month he last was at the property in November I had contact with him in November the past since January I've been emailing him every couple of weeks asking for confirmation that their submitt he has a check from the homeowners and we're still waiting from natur waiting last last week I asked twice last week if he was going to submit to natural heritage and he said he was going to and I still haven't heard from him so but he has not okay so not so I understand your frustration and I share it but I also understand the homeowner's frustration I want to fix the situation I promise that I I have no intention again it's my happy place and I love the vegetation we bought this place because I mean we live close to Boston and it is be and here is my happy place where I can relax and enjoy my family and I love the Grain and I don't want any problems here and we're doing everything we can hope you're can appreciate why I I voice that no I understand I understand I understand because given the fact oh has been two years nothing has been done but done we've been actively working on that but again Britain is conservation and she's emailing every month best two weeks every two weeks and no response I am John do no one and trying to get things done and I understand I already volunteer if you guys want me to plant 10 trees I plant 10 plant 10 trees again I love the vegetation love the area uh it's eventually I would like to retire here I'm 50 years old um and I don't want to fight I don't want a confusion I'm a lawyer by profession I got paid to resolve other people's problems and trust me I I don't want to do here I want to you know be happy and relax and I don't want to have problems I want to enjoy my family my children because they grow so fast and that's all and whatever I can do to fix a situation if I could force the guy handcuff H take to my place and fix it I'll do it but then as you know it's a crime I ask ask a question please Britney the the company that he's trying to deal with is it a local group yes he is usually very good oh well he has your check already exactly oh exactly so I'm trying to do everything in my power she find me I pay I'm not test the money I understand I violated when I came here first time zoom I admitted it was my mistake I didn't know didn't go into the merits since then I've been trying to fix her and being contact to BR she's being super brilliant helpful um nice to us and we are trying to Synergy to have this done if I may may mention something very important the shed uh it was it was totally on me he called me to to get something done for him in terms of help and I called my guys and they went over there and they the tree was in fact broken the shed was damaged and they just removed it and took it away but we had the intention of applying for the replacement we just didn't get there on time because we were you know I actually tried talking to you a few times but yeah and just so so you know especially since you do work often it's very important if you can see water especially that you need to get approval from the Conservation Commission before doing work and I don't want to be the as Mr chairman said f du respect the gift that keeps giving I don't want to be the guy so yeah I mean I get the frustration of the board I get the frustration of the homeowner uh because it would it would bug me that that's happening uh I'm not quite sure why because Mike is yeah it's it's very surprising because Mike is is an extremely responsible well unprofessional so I you know there's they who knows what happens in people's Liv yeah and that's and so that's that's neither here and we're trying to get things done but so we're still work we're still trying to work on that original violation but I also like to try and at least get this because this is something we can address right now and correct it so that it's one less thing that everybody has to worry about is what it comes down to so I get the frustration I'm there with you uh but I think we need to at least resolve this uh with permitting uh with a restoration plan that will and and that will include a a um a stamped plan that right locates everything and just for the record I have my father-in-law on the head there he lives in the property he's 70 two two and again it's we're family and you know he moved from Kansas to live here close to his daughter because I told her like we don't have much time left to enjoy your father so it's a lot closer than Kansas and that's what one a family environment full of like trees because I believe kids today I have two daughters I mentioned they get a lot of screen time and for this is a unique chance they can see interactive nature so I have no intention to to bring vegetation natural vegetation now that's the reason we bought the house because uh I was facing a conservation area and it's hard to find that and I was very blessed and I was very blessed I would take very good care of the house okay so can we can we move forward with that I mean I'd like to at least get this off the this portion of it off the off the table yes all right so uh unless there's any further discussion anybody all right unless there's any further discussion then would somebody like to make a motion to um issue the enforcement order as written so moved second second thank you uh all those in favor Paul hi Pat hi Jack hi Ellie hi Rick hi David hi and chair votes I so we'll work on issuing that is there a signature page on this one excuse me Mr chairman uh issue the enforcement order I'm a little confused so we're issuing the enforcement order this enforcement order it does have to be revised is that correct I think so yeah yeah so it'll so would you would you change your um your motion to issue a revised showing the the revision to the okay they're allowed to keep the the the shed but they have to permit it okay I have what um RDA no through the restoration it'll it'll all be done through restoration plan uh with the mitigation stamped stamped or not stamped so you're all you're all said just do what she's going to Britney will issue a a slightly revised yeah I have a question I was conditions planning on installing the shed on April 9th should it delay that then it would be best to it would be best to permit the shed first and then install it afterward I understand but I I saw the permit would be read by then but I I will delay the the installing yes I think so yeah don't install until until we put the absolutely not and Mr chairman tell me what to do with the other enforcement order and I'll do it just tell me what to do we're we've got to keep on working with with Mike uh to try and get that resolved so uh I I will try and give him a call as well and see what's going on I can't guarantee anything but okay and if you um do you remember what how big the other tree was and was it an oak it was a very small tree very small tree about 8 in okay it mostly fell on the roots because the roots were weak so okay thank you all right great thank you thank you thank you very much have a good night right you too so high right next order of business moving on to other business uh let's see we need an approval of an amended meeting minutes for January 4th and January 18th 2024 and February 1st 2024 Apparently one of our commissioners names was in vertly you voted to approve those minutes so that was nasty I brought it up so would someone like to make a motion to to amend the minutes of those two meetings three meetings second second right thank you Pat Uh all those in favor Paul hi hi I Jack Ellie hi Rick yes DAV hi okay that carries unanimously still seven people on uh then we have meeting for the approval of the meeting minutes for March 21st 2024 did somebody read them and in fact check yes I did they're they're fine I made one little uh correction for a mistype okay and is Jack's name on there yes I always check now okay very good all right uh it's been moved is there a second second all those in favor oh my I can that just you know okay uh so uh Paul hi hi hi Jack Rick hi David hi and sary 620 uh ell had to recuse herself from that one she was not a she was you were at that one right no Croatia I was on the plane to C all right next order is an environmental justice meeting for chasebrook Park April 10th 2024 5:30 in the hearing room that is an announcement you did it that's the announcement taken care of the next one's also an announcement you got it select board meeting for a review of updated open space and Recreation plan on April 9th 2024 at 6 PM in the hearing room right here same time same bat channel uh any other business not reasonably anticipated I didn't anticipate to have my U hillies heel snap we wish you were here David sorry we miss you I'm I'm waiting for a surgery date oh dear oh boy happened so I'm not going to be seeing you walking over at Seagull anytime soon is that what you're I was gonna say to Britney I can't keep checking out on Seagull Beach and make sure it's all being raped correctly I will take over for you then thank you but um yeah I did it in California playing soccer with my 8-year-old uh granddaughter turned I just stepped back woods and I asked someone who threw a rock at my foot at my leg and just snapped so oh jeez that's what happens when you're 73 what makes me concerned is that you're doing all that walking and it's like I'm sitting there it's like I dare do that I maybe I should just sit in the in the chair again I'm beginning to think this might be right there you go all right uh well hope hopefully you heal quickly David we'll see I hope to be at the next meeting because I know how much I hope to be at the next me okay David are you in California or still or here no I'm in I flew back Tuesday and went to my author Wednesday and had an MRI Wednesday afternoon I'm just waiting for for a surgery date sorry to hear that thank you that's a long R all right well with that Rosie news would somebody like to make a motion to adjourn screw up his some so moved so moved second David second it yeah all those in favor Paul hi hi hi hi David hi chair all right we stand adjourned you need to get me a new folder 701 pm