Gloucester Conservation Commission, Oct. 7, 2026

Speaker 1 (RBSC - Multipurpose Room): Welcome to the Wednesday, October 7, 2026 meeting of the Gloucester Conservation Commission. The time is 5:30 and we'll start with a roll call of commissioners present.

William Cook Member Cook?

Speaker 1 (RBSC - Multipurpose Room): think that.

William Cook So, Chuck, those last two are under new business, so we don't even have to open them, right?

Speaker 1 (RBSC - Multipurpose Room): Yeah, because those were requested by the applicant to continue, we will not need to open those.

William Cook Thank you.

Speaker 1 (RBSC - Multipurpose Room): Okay, thank you. We will… Speaker 1 (RBSC - Multipurpose Room): Entertain motions when those items are called. Speaker 2 (RBSC - Multipurpose Room): But we won't be hearing any testimony or evidence on those matters tonight. Speaker 1 (RBSC - Multipurpose Room): The other, item I just want to mention for, commissioners and for folks coming to the podium, please make sure, to speak into the microphone so folks at home can… Speaker 1 (RBSC - Multipurpose Room): Hear what you have to say. Speaker 1 (RBSC - Multipurpose Room): That will be heard tonight. It has not been continued. Speaker 1 (RBSC - Multipurpose Room): That will be heard tonight. It is not continued.

Speaker 2 (RBSC - Multipurpose Room): Hey, is that everything?

William Cook We're taking River Road first.

Speaker 2 (RBSC - Multipurpose Room): First in new business? Are we doing that first in continued business, above continued business? Speaker 1 (RBSC - Multipurpose Room): Yeah, we can do that first as continued business, since the same, presenter. Speaker 1 (RBSC - Multipurpose Room): We'll be here for the, only item left in, continued business. Speaker 2 (RBSC - Multipurpose Room): Alright, we'll go through public comment in minutes, unless there's anything more for administrative briefing. Speaker 2 (RBSC - Multipurpose Room): Not now. Okay, moving to public comment, this is the section of the meeting where members of the public are invited to make a comment on any matters that are not on the agenda tonight. If anybody would like to make a comment, please raise your hand.

William Cook Commissioner Cook moves, NOI0283129 to the meeting of 10-21-26.

Speaker 1 (RBSC - Multipurpose Room): Regent Sargent seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook.

William Cook Yes.

William Cook Commissioner Cook moves NOI0283132 to the meeting of November 4th, 26.

Speaker 1 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook.

William Cook Yes.

William Cook Commissioner Cook moves NOI 0. 283135 to the meeting of 10-21-26.

Speaker 1 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Roll call, Member Cook.

William Cook Yes.

Speaker 1 (RBSC - Multipurpose Room): Member Sargent? Yes. Member Elites? Yes. Member Verteri? Yes. Speaker 2 (RBSC - Multipurpose Room): Next, NOI 0283142 at Tommy's Island. The applicant is requested to withdraw without prejudice.

William Cook Commissioner Cook. Moves to withdraw without prejudice, NOI0283142.

Speaker 1 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Roll call, Member Cook.

William Cook Yes.

Square feet of native coastal mitigation plantings that you can see here by the beginning of the proposed pier. These additional measures are intended to further enhance the existing salt marsh and coastal habitat, minimize the need for disturbance associated. Town of Portsmouth, With the access to the pier and provide additional native vegetative cover across the property. The applicant has listened carefully to the concerns raised during the prior meetings, particularly those related to the sensitivity of the salt marsh, the shellfish. And Little River's fish resources. The additional plantings have been incorporated in an effort to further reduce the project's overall environmental impact, while still allowing the applicant reasonable access to the river.

So… The applicant respectfully believes that the revised proposal, together with the previously proposed elevated pier design, limited number of piles, the seasonal rampant float, and additional mitigation measures represents a reasonable balance between providing the residential waterfront access. And protecting the surrounding resource areas. So, thank you, and I'd be happy to answer any questions you might have. Speaker 2 (RBSC - Multipurpose Room): Okay, thank you. We will open it to public comment, and then we'll do commissioner roll call comments. So, any members of the public who wish to comment on this project, please raise your hand. Speaker 1 (RBSC - Multipurpose Room): Looks like we have no hands up here in person and there are none on Zoom.

The project is relatively straightforward. It's really a redevelopment of an existing residential property. We're proposing a new concrete retaining wall with associated stairs in the rear yard. As you can see right here, I'll zoom in. I'm not sure if everyone can see. So, right here is where the, proposed wall will be. So these are the stairs that are actually already existing. They're just gonna form them, make them look a little bit nicer. And then, as you can see, there's the terrace up here, and the wall wraps around back towards the house. That's in the dark line, and then the light line, as you can see right here, is the old stone wall that used to be there with the staircase to go up to the upper terrace.

So, one important point is that the new wall is actually being moved approximately 11 feet further away from the river than the previous retaining wall, so we're not pushing the development any closer to the resource area. We're actually pulling it back. The proposed wall, it's approximately 38 feet. In length, and will be construct… constructed with the, existing rear lawn area. Construction access will come from the existing driveway off River Road, and there would be no removal of any trees or vegetation. Another important point is that all the proposed work is outside the FEMA flood zone. The FEMA AE zone is on the property, but the proposed wall stairs and associated work are all outside of that area.

In terms of the existing house, it's located between the proposed work and the Innisquam River, so during construction, the house will essentially provide a physical barrier between the work and the river, so we don't anticipate any direct path for erosion or sediment to reach the river from the working area. The project results in approximately 42 square feet of additional impervious area. Town of Portsmouth, Which requires 84 square feet of mitigation planting, but the owner wants to propose up to approximately 236 square feet of native coastal plantings around the new wall. So it's a pretty big increase, than the 200%.

Overall, we're trying to… Keep the project as contained as possible, maintain the existing residential use of the property, move the retaining wall further from the river than it previously was, stay completely outside of the FEMA flood zone, and provide additional native plantings as mitigation. So that's all I got. Thank you, and I'm happy to answer any questions you may have. Speaker 2 (RBSC - Multipurpose Room): Thank you. We'll take public comments, and then Commissioner comments. Any members of the public who wish to comment on this project, please raise your hand. Speaker 1 (RBSC - Multipurpose Room): Looks like we have no hands up in person and there are none on the Zoom. Speaker 2 (RBSC - Multipurpose Room): Okay, closing public comment, moving to Commissioner roll call comments.

William Cook Commissioner Cook moves NOI 0283148 to the meeting of 10/21/26.

Speaker 3 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook?

William Cook Yes.

William Cook Commissioner Cook makes a motion to move NOI0283156 to the meeting of 10-21-26.

Speaker 3 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook.

William Cook Yes.

This is… This is… oh, sorry. This is what the property looked like for a good. portion of the time where it was operated as a, as a junkyard, Linsky Brothers Junkyard, until about 1995. And then it's my understanding that. After the Linsky brothers stepped down, JRM Operated the site as a recycling center for a while. And then they continued the, use as a junkyard from roughly 1995 to 2000. Mass Mapper doesn't have a good 2,000 aerial photos, so this one here is from 1990. I did find a historic aerial from 1995 that looked very, very close to this one. But again, that pavement that came down.

It's roughly in this location. There's still some pavement in this location. There's a lot of… There was a lot of cars stored here. It was a junkyard, after all. What… You can't see is the wetland edge, which pretty much follows the edge of disturbance. toe of slope of fill. This was more than likely filled, right to the wetland edge. I delineated the wetlands in, I think it was June of this past year. And the line's very close to what you see here. It does follow this edge. This is the MBTA commuter rail here. So I'm gonna now go to the project plans. It's gonna minimize this.

And… pull up. So this is the existing conditions plan. It's a slightly different orientation than what we were just looking at on Mass APRA. You can see up in the top left, north is is kind of at a diagonal here. The MBTA commuter rail tracks are along the top of the plan here. Sargent Street is down here. This is where the junkyard used to be accessed. Concrete building here, metal building here, there's still some, remnant Pavement that the survey is located. And this is some pavement here that they located. This, black line with the dots that you see running along the edges here, this is the wetland edge.

That was delineated. It's a bordering vegetated wetland. And the 100-foot buffer zone occupies a pretty good portion of the lot. We filed a Notice of Intent application to construct a subdivision roadway off of the paved surface that There's a gate down here off of Schoolhouse Road. And then, you know, there is still a paved roadway that comes down, but the new roadway would be proposed… I think it's a little over 400… 465 feet. From where the gate is, down to a cul-de-sac. And then some stormwater management improvements as well. There'd be deep sump catch basins, drain manholes, an infiltration basin is proposed that does include a sediment forebay.

A lot of these activities here are within the Conservation Commission's jurisdiction. All buffer zone activities, there's no resource areas, no bordering vegetated wetland proposed to be altered as a result of this application. All activities are proposed within that cleared area that you saw, back in the aerial photo when it was operated as a junkyard. And probably up until, 2000, so… There is some vegetation growing out there now, it's mostly pioneer species, some invasive species. But certainly nothing really substantial. The wetland itself is very, very lush with vegetation. It's very dense. It's a red maple swamp.

I didn't find any culverts, but I suspect that this wetland does have some culverts that go under the train tracks and connect to the wetland on the other side. But even if it didn't, it does border on two intermittent streams. There's one intermittent stream flowing through the wetland, kind of up in the schoolhouse Road portion to the north, and then there's also a ditch that probably conveys water that I would call an intermittent stream, that runs parallel to the railroad tracks. It doesn't look very natural, it's probably something that was excavated. Either when the railroad was created, or when this lot was leveled for the junkyard. Umm.

So the project, it's not mapped within priority or estimated habitat. There's no ACECs. There's no floodplain out here. We're not in an outstanding resource water or a nitrogen-sensitive area. All of the parcels total about 9.5 acres. And the purpose of this project is to just. get the area to the point where it can be Marketed and eventually developed with something. So this subdivision plan creates two lots. There's no building of any kind or any use proposed. As a result of this application, we were before the planning board last week, and there were a lot of questions about bulk fuel storage, and what is the intended use, and

What I can tell you is we don't know, but certainly if there is going to be a use here, they'll have to comply with all state and local regulations, and more than likely come back to the Planning Board or back to this Commission if additional activities are proposed within your jurisdiction. So I did want to make that statement, that it's not clear what this is going to be. Right now, the application is just for the roadway, infrastructure, sidewalks. Some utility extensions, electric, sewer, water. Again, to make both these lots to the point where something could be built on them. Erosion controls are proposed to be installed during construction and remain in place until all areas are stabilized.

The design, stormwater design, which… which… Chris can go over with you if you have questions about it, has been designed in accordance with the MassDEP stormwater standards and the City of Gloucester stormwater requirements. We understand that this project is going to go to peer review for the planning board, and we've been told that the Commission is more than likely gonna. use that same peer reviewer to have the project looked at for compliance with the Wetlands Protection Act and the Gloucester Wetlands Ordinance. So we know we're not going to get closed tonight. We do have a file number, from MassDEP, it's 0283159. There's no comments posted yet.

There may not be any comments posted, but I did want to share that with the Commission. See, what did I miss? But that's… that's pretty much the project. I'm sure there's going to be some questions. Oh, let me point out one thing. I'm going to zoom in a bit. Because we are lifting the road a little bit, in an attempt to even out the grade, we are proposing a retaining wall here. That's this dark. line type that you see here, and also a small retaining wall here. And this retaining wall allows us to keep this area vegetated, and avoid the need to grade down closer to the resource area.

In addition to the pavement and buildings and gravel, there are a lot of, encampments out here. This property's been. used by homeless folks for a while. There are some steel containers that appear to have been occupied. There's one here, and there's a pretty extensive campsite down in this corner. That's got multiple tents, some fencing, and all sorts of stuff around it. There's a lot of trash and debris as a result of the, folks that have been using this property. Of course, as part of this application, we're expecting a condition that would, Allow us to remove. Some of that material, even if it does fall within the wetlands, some of that trash and junk that's just been lying around out there.

I'd be happy to answer any questions, the Commission might have, but I think that's… that's all I have for now. Speaker 2 (RBSC - Multipurpose Room): Greg, do you wanna, can you speak a little bit about the activity and use limitation and sort of where this proposed work is in relation to that? So I can, but I'm not gonna attempt to talk about the AUL. I'll let Michael get into that. Michael's the site LSP, but we do show the AUL on the plan set. Let me see if I can get my highlighter out here. That might make it a little easier. All right. I believe this is it here.

Hmm. Oh yeah, there it goes. It comes up through here.

Let me zoom in a bit there. Chris, does it… oh, there it goes. Okay. Keep going. There you go. Yeah, there it goes. Alright. So there is an AUL on the property, and for those folks that aren't familiar with AULs, they're typically, associated with some type of contamination on the site, oftentimes, and it's an area use limitation where certain activities are not allowed. But again, I'll let Michael discuss that with you. Michael, do you wanna… Sure.

Hi, this is Mike Gitten. I'm an LSP with Atlas Technical Consultants. Did I turn my mic on properly? Yep. Great. Okay, as Greg was saying, the portion to the site to the… I'll just say the left, has an activity and use limitation on it. It allows commercial use. From the LSP's perspective, what the activity and use limitation does is it requires that. Professional like myself be involved during the. the management of of any soil. It's actually, if if they dig more than 20 yards of soil.

And during the productive reuse of that property. They used the redevelopment to actually, address everything that was going on residually from past operations significantly enough so that the activity and use limitation was actually removed. So, from an LSP's perspective, This is all, neutral to positive. If they take material out, I imagine, speaking with the team, the geotech and the hydrogeologists have a greater concern with soil than I do, and will need to remove some material to allow things to perform as they want them to.

Speaker 2 (RBSC - Multipurpose Room): Okay, thank you. Speaker 2 (RBSC - Multipurpose Room): If that's all for your initial presentation, we will move to public comments and commissioner comments. Speaker 2 (RBSC - Multipurpose Room): Okay, please… I'm sorry? Nope, thank you. Speaker 2 (RBSC - Multipurpose Room): Okay, so we're gonna open up to public comment, and then we'll do commissioner comments. Please make a note of any comments that are made, and wait until the end, after the commissioner comments have gone through, and address them at that time. Speaker 2 (RBSC - Multipurpose Room): So, with that, any members of the public who wish to comment, please raise your hand. If you're in the audience, you can line up at the podium. We'll have a microphone, as well.

Speaker 2 (RBSC - Multipurpose Room): any of that, any of those filings, any of those communications with DEP, so that we're aware of, the activities that are taking place. Speaker 2 (RBSC - Multipurpose Room): I think it would be appropriate to have an independent LSP on behalf of Speaker 2 (RBSC - Multipurpose Room): the Conservation Commission. I can't speak for the planning board, but probably a good idea for the planning board as well, to have an independent LSP review of the RAM plan as well, to make sure that any type of soil management or excavation Speaker 2 (RBSC - Multipurpose Room): Or, categorizing or anything like that to do with the site, is done with independent review as well.

Speaker 2 (RBSC - Multipurpose Room): Bye. Speaker 2 (RBSC - Multipurpose Room): In terms of peer review on our end, for compliance with the… Speaker 2 (RBSC - Multipurpose Room): Wetlands, acts. I'd like to see an analysis of the impact of roadway drainage on water quantity entering the BVW, I think. Speaker 2 (RBSC - Multipurpose Room): Commissioner Sargent mentioned this, but where all of the drainage is being directed to the bottom of the roadway, sort of the end of the cul-de-sac where the infiltration basin is. I'm wondering if that's being removed from entering or stormwater flowing down the slopes and entering the wetlands at other points. Speaker 2 (RBSC - Multipurpose Room): I'd request a condition, incorporating into the design, wildlife-friendly street lighting with appropriate shielding and appropriate light wavelengths to be installed for all,

Speaker 2 (RBSC - Multipurpose Room): Lighting that goes along this roadway, as well as design changes to show mitigation plantings between the roadway Speaker 2 (RBSC - Multipurpose Room): in the BVW area. Speaker 2 (RBSC - Multipurpose Room): Then I'll note that Speaker 2 (RBSC - Multipurpose Room): I believe the planning board addressed the existing paved roadway coming down from Schoolhouse Road before, the gate that's off the property, but I think the planning board's concern was that it might not be Speaker 2 (RBSC - Multipurpose Room): Might not be in a condition suitable for current use in the new project, so if there's any… Speaker 2 (RBSC - Multipurpose Room): design changes that need to be done, or construction that needs to be done to that portion of the roadway, this plan is gonna have to be amended, so I… I don't think we can approve this plan or approve a roadway until we know

Speaker 2 (RBSC - Multipurpose Room): whether the planning board is planning on incorporating the existing paved section from Schoolhouse Road, that segment of it in a design change, because if that that part of the roadway is also in the buffer zone. So that's going to be part of the project. So I think Speaker 2 (RBSC - Multipurpose Room): There's sort of a… Speaker 2 (RBSC - Multipurpose Room): We have to put a pin in that for now, because that might need to be, changed, so… Speaker 2 (RBSC - Multipurpose Room): I had a condition, if we're approving it, that any plan changes from the planning board have to come before us for further review. Speaker 1 (RBSC - Multipurpose Room): Yeah, I guess there's not a whole lot additional that I need to add. I do want to thank the members of the public that have come out and provided some good background history here. I also want to thank the applicant for their willingness to, you know, have the third-party review go ahead.

Speaker 1 (RBSC - Multipurpose Room): I think the Commission should, you know, make the motion to, officially, Speaker 1 (RBSC - Multipurpose Room): Recommend having a third-party review. Speaker 1 (RBSC - Multipurpose Room): I do agree, there could be some more information provided for, you know. Speaker 1 (RBSC - Multipurpose Room): What's proposed for the buffer zone, as well as the condition of the BVW following? Speaker 1 (RBSC - Multipurpose Room): The proposed work. Obviously this, this area's, Speaker 1 (RBSC - Multipurpose Room): Been very impacted by all sorts of, Speaker 1 (RBSC - Multipurpose Room): A variety of things over the many years, and so there's a lot of room for improvement here. But this proposal does show a lot of,

Speaker 1 (RBSC - Multipurpose Room): Work going right up to the edge of the, wetland, so it'd be nice to see what is proposed and what native plantings can be done to help, you know. Speaker 1 (RBSC - Multipurpose Room): Construct a better buffer zone, and a better outcome for that wetland. Speaker 1 (RBSC - Multipurpose Room): But obviously, I think there's a lot of very technical issues with the, groundwater, the existing soils, or lack thereof. Speaker 1 (RBSC - Multipurpose Room): Areas of that, that… You know, soil pits didn't actually get down below the, Speaker 1 (RBSC - Multipurpose Room): the concrete cap or pavement that's down there. I'd be curious to see what's underneath that level, see what else, you know, if there's additional contamination and that sort of stuff.

Speaker 1 (RBSC - Multipurpose Room): So… Yeah, I guess I just… Speaker 1 (RBSC - Multipurpose Room): Recommend the Commission considers moving forward with the third-party view. Speaker 2 (RBSC - Multipurpose Room): All right, Mr. Akmuth, you have an opportunity, as well as the rest of your team, has an opportunity to respond to any of the comments that were made. Yeah, I don't think I don't think we're gonna respond to anything else this evening. We'll certainly be prepared to respond to anything that may come up during the peer review or any additional comments or concerns the commission or the public might have at the next next hearing. Speaker 2 (RBSC - Multipurpose Room): Okay, do you want to continue to the next meeting or continue to a couple meetings out?

Yeah, it probably makes sense to, go a couple meetings out. I imagine it's going to take a little time to get the peer review consultant engaged and allow them to do their work. Speaker 2 (RBSC - Multipurpose Room): Okay, commissioners, I think we need a motion to, request a peer review?

William Cook Yes, Commissioner Cook moves to make motion to have a peer review.

Speaker 1 (RBSC - Multipurpose Room): Sergeant seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook?

William Cook Yes.

Speaker 1 (RBSC - Multipurpose Room): Member Sargent? Yes. Member Lattes? Yes. Member Viteri? Yes. Speaker 2 (RBSC - Multipurpose Room): And then I think we'll entertain a motion to continue to the first meeting in November. That sounds good.

William Cook Yeah. Which what is it though? Umm.

Speaker 1 (RBSC - Multipurpose Room): The, 4th. November 4th.

William Cook November 4th. Okay. Commission… yeah, Commissioner Cook moves NOI028. 3159 to the meeting of November 4th, 26.

Speaker 1 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Speaker 1 (RBSC - Multipurpose Room): We'll call Member Cook.

William Cook Yes.

Speaker 1 (RBSC - Multipurpose Room): Member Sargent? Yes. Member Leites? Yes. Member Terry? Yes. Speaker 1 (RBSC - Multipurpose Room): A. Speaker 1 (RBSC - Multipurpose Room): If I may, I believe the planning board was requesting also to possibly have a site visit. Speaker 1 (RBSC - Multipurpose Room): Out to the location, I would… Speaker 1 (RBSC - Multipurpose Room): Wasn't sure if the commissioners would want to maybe piggyback on that, Speaker 1 (RBSC - Multipurpose Room): Site visit when that gets set up. Speaker 1 (RBSC - Multipurpose Room): Sure. Speaker 1 (RBSC - Multipurpose Room): That would work. Yep. Speaker 1 (RBSC - Multipurpose Room): So if you could keep, you know, myself and the commissioners in the loop on when that gets, scheduled.

Speaker 2 (RBSC - Multipurpose Room): Members of the public are welcome to attend that as well, right? Speaker 2 (RBSC - Multipurpose Room): I'm not sure. I mean, I… Yeah, we'll have to talk to our… we'll have to talk to our client about that and get back to the… we can get back to Chuck. Speaker 2 (RBSC - Multipurpose Room): Okay, we'll confirm that at some point. Speaker 2 (RBSC - Multipurpose Room): And if we have a date, I think it will be… Speaker 2 (RBSC - Multipurpose Room): Communicated via the Planning Board's channel, or probably… Speaker 2 (RBSC - Multipurpose Room): Communicated somehow. Is there a way for us? Speaker 1 (RBSC - Multipurpose Room): Yeah, if we receive it. Speaker 2 (RBSC - Multipurpose Room): If we find a date, we'll find a way for the Conservation Commission to communicate any site visit as well.

Speaker 2 (RBSC - Multipurpose Room): Thank you, Mr. Hochmuth, for presenting, and your team. Members of the public, thank you for, speaking up, and, and, sharing your concerns with us. Thank you very much, and I did just have one request. Would it be possible for our group to get a copy of any materials that were submitted this evening by the public? Speaker 2 (RBSC - Multipurpose Room): Yeah, every written comments that members of the audience presented at the podium here, the ones that were submitted to us, we will have posted in the Google Drive file as part of the record with the rest of sort of the record documents that. Speaker 2 (RBSC - Multipurpose Room): Better submitted for this project.

Speaker 1 (RBSC - Multipurpose Room): and scientist with Goddard Consulting. Speaker 1 (RBSC - Multipurpose Room): Let me… Speaker 8 (RBSC - Multipurpose Room): Let me rejoin here so I can share my screen. Speaker 8 (RBSC - Multipurpose Room): But I'm here before you tonight for an ANRAD that we filed for to Beachland Ave. Here, it's, right along the Rockport line, it's a Long Beach parking lot, really just inland from the south end of Long Beach. Speaker 8 (RBSC - Multipurpose Room): I will… Get my screen.

Speaker 8 (RBSC - Multipurpose Room): So, we have a handful of wetland resources on the site. First and foremost, there's 3 sections of BVW line. We have an A-series down here that nearly perfectly follows that southern property boundary. Speaker 8 (RBSC - Multipurpose Room): A B series that rings around what was formerly known as Freshwater Pond. It's mostly more of a marsh at this point, but there's a little bit of a pond in the middle. Speaker 8 (RBSC - Multipurpose Room): This B series line mostly follows the edge of primarily Phragmites Marsh along that side of what is mostly a parking lot. Speaker 8 (RBSC - Multipurpose Room): And then up here… Speaker 8 (RBSC - Multipurpose Room): We have a small section of a C-Series wetland line. There's a crossing here. This is access to some of these residential properties on the northwest side there.

Speaker 8 (RBSC - Multipurpose Room): So, we had flagged these in August of this year. They were picked up by, Eagle Brooks survey team, added to the plan here, obviously. Speaker 8 (RBSC - Multipurpose Room): The… Speaker 8 (RBSC - Multipurpose Room): Other thing, that is worth noting for wetland resource area, we have, obviously, LSCSF, land subject to coastal storm flowage, elevations 10 feet, that spans over most of the site, so you'll really only see some Speaker 8 (RBSC - Multipurpose Room): a corner here and a corner there that is not within LSCSF. Speaker 8 (RBSC - Multipurpose Room): Probably the more interesting piece of the delineation here is the barrier beach delineation. So, that is what we see in this bold dashed line along here. And…

Speaker 8 (RBSC - Multipurpose Room): Frequently, when we have barrier beaches, sites are either all or nothing. It's not all the time that a barrier beach is mapped. Speaker 8 (RBSC - Multipurpose Room): Kind of splitting a site in half. So we had to undertake a bit more site-specific investigation to determine the extent of that barrier beach. Speaker 8 (RBSC - Multipurpose Room): The applicants had a team from Epsilon, perform a series of soil borings, so that is all of these… Speaker 8 (RBSC - Multipurpose Room): Bore marks that you see along here, kind of in, a handful of transects, sort of that pattern. Speaker 8 (RBSC - Multipurpose Room): These were all conducted, or borings conducted within that parking lot area to evaluate subsurface sediments, because the site is so intensely used over the years, that it certainly doesn't appear like a barrier beach or a dune at a glance.

Speaker 8 (RBSC - Multipurpose Room): But you know, even a highly developed or altered barrier beach or dune is still a resource area pursuant to the regulations. So that's why we have to kind of take a look at the subsurface sediments. Speaker 8 (RBSC - Multipurpose Room): The subsurface sediments, typical, or sometimes, frequently, surface, but in our case, subsurface, because it's so altered. Sediments typical of a dune or a barrier beach are what we call aeolian, they're wind or wave blown. Speaker 8 (RBSC - Multipurpose Room): And the analysis that the Epsilon team performed uses primarily. Speaker 8 (RBSC - Multipurpose Room): what is called a coefficient of uniformity. So they analyzed soil samples from all of these borings, sent them to the lab, and that generated a series of coefficients of uniformity, which a…

Speaker 8 (RBSC - Multipurpose Room): coefficient of uniformity closer in the 1 to 2 range. Suggested it's aeolian, wind and wave blown, meaning that those sediments are very, very uniform in size. Speaker 8 (RBSC - Multipurpose Room): Something with, CU, coefficient of uniformity, of… More than 2-ish. Speaker 8 (RBSC - Multipurpose Room): is typically indicative of glacial sediments that would not be found on a dune or a barrier beach, or maybe fill, as the site has certainly been altered. So… Speaker 8 (RBSC - Multipurpose Room): With that little bit of context, that is the primary dividing line for the Barrier Beach delineation on this site. Speaker 8 (RBSC - Multipurpose Room): Those are our three wetland resources here, and I think without…

Speaker 8 (RBSC - Multipurpose Room): Too much more to touch on there. Speaker 8 (RBSC - Multipurpose Room): I would be happy to turn it over to the Commission for any questions or comments. Speaker 2 (RBSC - Multipurpose Room): Thank you. Did you mention land septical storm flowage? Yep. Okay. Speaker 8 (RBSC - Multipurpose Room): So it's a little bit unremarkable on the plans, but it is shown it is the 10 elevation, which really just clips onto the corner of the site here as we go up in elevation as we go off site. Speaker 8 (RBSC - Multipurpose Room): The remainder of the site, I believe. Speaker 8 (RBSC - Multipurpose Room): The remainder of the site is within LSCSF. Speaker 2 (RBSC - Multipurpose Room): Thank you.

Speaker 2 (RBSC - Multipurpose Room): Okay, we are going to open it up for public comment, and then we will go through Commissioner roll call comments. Please make a note of any comments that are made, and address them at the end. Speaker 2 (RBSC - Multipurpose Room): So, any members of the public who wish to comment on this project, please raise your hand, approach the podium. Speaker 2 (RBSC - Multipurpose Room): State your name and address for the record, and give your comment.

Speaker 3 (RBSC - Multipurpose Room): Member Sargent. Speaker 3 (RBSC - Multipurpose Room): Yes, this is a highly disturbed area, Historically, the area behind Speaker 3 (RBSC - Multipurpose Room): Good Harbor Beach, that creek is called Saratoga Creek. Speaker 3 (RBSC - Multipurpose Room): As is the creek behind Long Beach. Speaker 3 (RBSC - Multipurpose Room): And at one time, there was a hydraulic connection, and things have been filled in slowly. Speaker 3 (RBSC - Multipurpose Room): Through the centuries and decades. Speaker 3 (RBSC - Multipurpose Room): The soils are mentioned to be Hochschild soils, which are basically Speaker 3 (RBSC - Multipurpose Room): dunes of Four Dunes, or Barrier Beach Dunes, or other dunes. Anecdotally, I've been told that Long Beach had pitch pines on the Barrier Beach Dunes, and they were cut down, and cottages were placed there, and that area then became more filled.

Speaker 3 (RBSC - Multipurpose Room): I agree with Commissioner, Speaker 3 (RBSC - Multipurpose Room): Cook, that I'm wondering if soil loggers were used to see if there were hydric soils in the disturbed areas just outside the well and plant indicators. Speaker 3 (RBSC - Multipurpose Room): And USGS shows a perennial stream. Speaker 3 (RBSC - Multipurpose Room): Crossing the pond on the western side of Thatcher Road to the wetland on the parcel. Speaker 3 (RBSC - Multipurpose Room): I believe Riverfront also must be included in the submittal, and… Speaker 3 (RBSC - Multipurpose Room): We had something similar, a little bit Speaker 3 (RBSC - Multipurpose Room): Further to the east, about a year ago, and we hired a third-party reviewer because the complexity of what was Dune and what wasn't Dune was very difficult to understand, and I'm wondering if that might be appropriate in this situation as well. Thank you.

Speaker 1 (RBSC - Multipurpose Room): Member Lighty's. Speaker 7 (RBSC - Multipurpose Room): Similar comments as the previous two commissioners. I'm also wondering if, Speaker 7 (RBSC - Multipurpose Room): Third-party review might be appropriate, given Speaker 7 (RBSC - Multipurpose Room): Disturbance of the site, and the potential difficulty of Having accurate delineation. Speaker 1 (RBSC - Multipurpose Room): Member Viteri? Speaker 2 (RBSC - Multipurpose Room): I just have one question. When this property floods, does the water come from the shore, the coast, and the beach, or does it come from, sort of, the other side? Speaker 2 (RBSC - Multipurpose Room): And come up, sort of, through that perennial stream that was mentioned on the western side of Thatcher Road.

Speaker 2 (RBSC - Multipurpose Room): Okay, thank you. Yes. Speaker 2 (RBSC - Multipurpose Room): Thank you, so we have an audience member who said the answer was both. Speaker 2 (RBSC - Multipurpose Room): Chuck, do you have any extra things to add, and do you want to address, sort of, the… Speaker 2 (RBSC - Multipurpose Room): The, about our question about Process for confirming delineations? Speaker 1 (RBSC - Multipurpose Room): Sure, so, I did make a site visit out there, to look at the delineations out there. Speaker 1 (RBSC - Multipurpose Room): Done quite a few delineations over the years, and reviewed many since I've been here. Speaker 1 (RBSC - Multipurpose Room): Other commissioners have, different, experience with, delineations and, soils and, and all the different, things that go into this. This area is a very technical, area because of all the fill and the disturbances happened.

Speaker 1 (RBSC - Multipurpose Room): Over the many years. Speaker 1 (RBSC - Multipurpose Room): I also was curious on the wetland delineation. Speaker 1 (RBSC - Multipurpose Room): I do often see a lot of surface water sitting on top of the parking area there, so I know that the groundwater is very high there. Speaker 1 (RBSC - Multipurpose Room): During my site visit, I did notice that there was sensitive fern and some other species that are, you know, obligate wetland species, kind of encroaching out Speaker 1 (RBSC - Multipurpose Room): look at it as the, parking lots encroaching on them. But they're out… outside of the boundary, that was delineated. So I guess, you know, I'd be curious to understand

Speaker 1 (RBSC - Multipurpose Room): what types of analyses went into determining, whether or not you actually have wetlands that have, problematic soils or problematic vegetation because of the… the disturbance, to both the… the soil and the vegetation on that site. I… I agree that, you know, it's very likely that… that Speaker 1 (RBSC - Multipurpose Room): That wetland, may extend further out. Obviously, historically it did, before it was filled. Speaker 1 (RBSC - Multipurpose Room): I had some other questions, Speaker 1 (RBSC - Multipurpose Room): about some of the other analyses. I appreciate all the effort that went into all this, but, you know, I don't want to sound dismissive, but it seems like it was a lot of work just to show that you have,

Speaker 1 (RBSC - Multipurpose Room): Phil, on top of Native… Material. Speaker 1 (RBSC - Multipurpose Room): You know, the coefficient of uniformity Speaker 1 (RBSC - Multipurpose Room): Again, I think that is just showing areas that you have fill versus areas that have more native material that's Speaker 1 (RBSC - Multipurpose Room): More naturally sorted, versus… unnaturally, you know, complicated. Speaker 1 (RBSC - Multipurpose Room): I also noticed, you know, some of the Speaker 1 (RBSC - Multipurpose Room): I was trying to tease apart some of the, the data there. You showed 29 soil borings that were done, but there's only data shown for 18 of those in Figure 4. Speaker 1 (RBSC - Multipurpose Room): In Figure 3, there's some duplicate numbers. Number 7, I believe, is duplicated multiple times. There's a couple of unnumbered points between, number 18 and 28, and there's several numbers that are missing.

Speaker 1 (RBSC - Multipurpose Room): I guess, that helped you Speaker 1 (RBSC - Multipurpose Room): Line up some of those if you actually had all the numbers correctly done on there. Speaker 1 (RBSC - Multipurpose Room): And then I'm also curious, too, you, you draw a pretty definitive line Speaker 1 (RBSC - Multipurpose Room): On the top and the bottom of that delineation, Speaker 1 (RBSC - Multipurpose Room): But you don't have any test pits, or points, Speaker 1 (RBSC - Multipurpose Room): you know, north or south of there. So I'm curious how you're able to distinguish where that line is without having Speaker 1 (RBSC - Multipurpose Room): Actual test bits to show that. Speaker 1 (RBSC - Multipurpose Room): So I think there's, yeah, a lot of… a lot of questions, in my mind from, you know.

Speaker 1 (RBSC - Multipurpose Room): on various points of this, and I agree, this could be… Another situation where a, Speaker 1 (RBSC - Multipurpose Room): You know, a peer review might be a good way for, You know, have a… Objective technical assessment. Speaker 1 (RBSC - Multipurpose Room): of the area from another party, to help the Commission understand what's going on out there. Speaker 1 (RBSC - Multipurpose Room): And the fill being there, as you mentioned, you know, having a disturbed… Speaker 1 (RBSC - Multipurpose Room): Area, or having fill, doesn't necessarily make something not a dune. Speaker 1 (RBSC - Multipurpose Room): And especially for a barrier beach, it's more the function of how that material would move during a storm event.

Speaker 1 (RBSC - Multipurpose Room): Rather than what the material actually is. And if the material moves around during a storm event. Speaker 1 (RBSC - Multipurpose Room): It'd be considered dune, and therefore it'd be part of that barrier beach. Speaker 1 (RBSC - Multipurpose Room): you know, in a storm event, you know, you're gonna be at least 3 or 4 feet underwater in a lot of those areas. As a member of the public mentioned, you know, the flood elevation across the street on Thatcher is actually Speaker 1 (RBSC - Multipurpose Room): you know, at least a couple feet higher than I believe it is on the actual parcel we're talking about. So in certain storms you're going to have energy coming possibly from both directions.

Speaker 1 (RBSC - Multipurpose Room): You know, just because it's an AE zone, there is potential for waves up to 3 feet. Speaker 1 (RBSC - Multipurpose Room): You know, just because there's no wind blown sand occurring on there right now doesn't make it not a dune. So I think there's a lot of technical things that need to be looked at. Speaker 1 (RBSC - Multipurpose Room): To help tease apart what's really Going on out there. Speaker 1 (RBSC - Multipurpose Room): Also, as Member Sargent pointed out, there is a mapped Speaker 1 (RBSC - Multipurpose Room): Perennial stream on the USGS map. Speaker 1 (RBSC - Multipurpose Room): And so I guess we can either, note that that was not considered under this ANRED, or if you wanted to add that at some point to the ANRED and have it

Speaker 1 (RBSC - Multipurpose Room): Be part of the, this middle, Speaker 1 (RBSC - Multipurpose Room): So, yeah, I guess I'd recommend a, possible third-party review from the Commission. Speaker 1 (RBSC - Multipurpose Room): Okay. Speaker 2 (RBSC - Multipurpose Room): And for those that don't know, Chuck is the agent, conservation agent for the city. He's trained in identifying wetlands, resource areas, so he brings, some of that experience to, his review of these applications. Speaker 2 (RBSC - Multipurpose Room): So, Mr. Frattaroli? Speaker 2 (RBSC - Multipurpose Room): Bradaroli, yes. Bradaroli. Do you have an opportunity to respond to any comments that were made? Speaker 8 (RBSC - Multipurpose Room): Yeah, absolutely. I'm sure I won't hit all of them in the depth that they warrant, but I will do my best to hit everything that I wrote down. As far as soil consistency, that coefficient of uniformity refers to

Speaker 8 (RBSC - Multipurpose Room): consistency in grain size, not so much soil types over the course of the site, so just to clarify that. Those borings all went to about 6 feet deep, based on those test pit logs. I had them up there for a moment, they're down now, but. Speaker 8 (RBSC - Multipurpose Room): Wanted to point that out as well. The edge of water line that was pointed out, was separate from the delineation. That's just, you know, a surveyor drawing a line on a plan. I don't give it too much stock in terms of delineating wetland resources. Speaker 8 (RBSC - Multipurpose Room): I certainly would not call that, anything that we're confirming here, or really representative of any kind of wetland resource area.

Speaker 8 (RBSC - Multipurpose Room): Getting… we always have our augers with us when we're delineating wetlands. Getting into those areas, because of how much gravel and how compacted it is, is a challenge, to say the least. So, everywhere that we can, we are always looking at soils. Speaker 8 (RBSC - Multipurpose Room): They are tough. It's a tricky delineation. I will not, you know, I will not argue with that. It is always a piece of our delineation methodology. Speaker 8 (RBSC - Multipurpose Room): the vegetation break on this site in particular is particularly instructive, I think, but that's really, I think, more of a field conversation that I'm sure we'll have at some point. Speaker 8 (RBSC - Multipurpose Room): Let's see… As far as, riverfront area, there's

Speaker 8 (RBSC - Multipurpose Room): I do understand that there's a stream mapped on the USGS there. There's really not much of a channel of any sort, present in the field. We can certainly take a look at that. I'll get back with the team, and if we think it's worthwhile. Speaker 8 (RBSC - Multipurpose Room): Tracking that down and showing something to that effect on the plans, we'll make that addition. Speaker 8 (RBSC - Multipurpose Room): I think that's… I think that's what I'll address for now. Oh, and I'll say, as far as duplicate and missing soil logs, I'll have to check in with the Epsilon team and the survey team to make sure those are all Speaker 8 (RBSC - Multipurpose Room): quantified and depicted correctly. That was, you know, a different group of folks that worked on that piece of the puzzle. So, that's what I'll say for now. I've got a list of notes, and we will certainly, be working to address all of these. And if the Commission's so inclined to engage peer review, I'm sure we'll continue that process as well.

Speaker 8 (RBSC - Multipurpose Room): Okay. Speaker 2 (RBSC - Multipurpose Room): Any other thoughts, Commissioners? Speaker 2 (RBSC - Multipurpose Room): Do we, want to entertain a motion for peer review to confirm delineation?

Speaker 1 (RBSC - Multipurpose Room): It does have a DPO number, it's,

William Cook Okay, for 0283164.

Speaker 3 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Roll call, Member Cook.

William Cook Yes!

Speaker 1 (RBSC - Multipurpose Room): Member Sargent? Yes. Member Elides? Yes. And Member Viteri? Yes.

William Cook Okay, and how far out would you like to go? To the next meeting, or… To 1021114.

Speaker 8 (RBSC - Multipurpose Room): Yeah, I guess. Speaker 8 (RBSC - Multipurpose Room): Forgive my ignorance. What's the typical peer review process look like for you guys? I'm inclined to just go out to your next meeting, and then we can be in touch to bump it out further if need be. Just Speaker 8 (RBSC - Multipurpose Room): To make sure that that all gets squared away, and if there's any other discussion that needs to happen, we can have that.

William Cook Okay, Commissioner Cook, moves, ANRADA3164 to the meeting of 1021. Appreciate it.

Speaker 3 (RBSC - Multipurpose Room): Sergeant seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook?

William Cook Yes.

Speaker 1 (RBSC - Multipurpose Room): Member Sargent? Yes. Member Elides? Yes. And Member Thierry? Yes. Speaker 1 (RBSC - Multipurpose Room): Yeah, to answer your question about the process, I would say it's pretty ambitious to think that we'd have a third-party review Speaker 1 (RBSC - Multipurpose Room): established and done by that meeting. Sure. Speaker 1 (RBSC - Multipurpose Room): But I will, yeah, keep you posted on that process, and great, we'll be in touch. Speaker 2 (RBSC - Multipurpose Room): Okay, thank you, and members of the public, thank you for your comments. Speaker 1 (RBSC - Multipurpose Room): You're certainly welcome to submit answers to other questions if you wanted to discuss stuff at… Another meeting, yeah.

Speaker 11 (RBSC - Multipurpose Room): This is the site design here, so just to orient everyone, to the south of us is Wallace Pond. Our entire property is within the 400-foot buffer zone of Wallace Pond. Speaker 11 (RBSC - Multipurpose Room): And then the spillway is on the west of us. So you can see the little triangles all the way on the left side. A little bit further. Speaker 11 (RBSC - Multipurpose Room): It's, like, all the way on the left side of the page that, delineate the edge of the brook, which is the spillway coming down from the reservoir. And then just to our north is, the MBTA, so we're right next to the train tracks. Speaker 11 (RBSC - Multipurpose Room): We hired Dan Johnson from Domestic Septic Design, he's provided this site plan for us, and he's proposed an alternative Presby environmental septic system to replace the existing septic system, which consists of two cesspools, that are to the south of the house.

Speaker 11 (RBSC - Multipurpose Room): And a dry well, which is underneath the deck in the backyard. Speaker 11 (RBSC - Multipurpose Room): The Presby system will include a septic tank, which will be installed in the side yard where the two cesspools are currently located. A leach field, which will be installed in the northeast corner of the property, which is the furthest from either resource area. Speaker 11 (RBSC - Multipurpose Room): And the distribution plumbing and a pump vault system will connect the tank uphill to the leach system. Speaker 11 (RBSC - Multipurpose Room): So here, this is the side yard where the current cesspools are located. One is, to the right. They're both circled, in red, and they'll both be removed, and the new tank will go in that location.

Speaker 11 (RBSC - Multipurpose Room): The dry well, which is located under the deck in the backyard, will be abandoned, and the plumbing from those systems will be tied into the new system as well. Speaker 11 (RBSC - Multipurpose Room): There are several ornamental trees, and two native trees in the leach field and septic system area that will need to be removed, and we plan on replacing those with native species at a 2 to 1 ratio. Speaker 11 (RBSC - Multipurpose Room): This proposal has already gone through the Board of Health and has been approved. That wraps up what I have to present, and I welcome any questions from the Commission. Speaker 2 (RBSC - Multipurpose Room): Thank you. We'll take public comments, then we'll do commissioner roll call comments. Please make a note of any comments and you'll have a chance at the end to respond.

Good evening, commissioners. Everyone can hear me okay? Speaker 2 (RBSC - Multipurpose Room): Yes. Alright, thank you very much. Again, Thomas Rattaro, Five Fathoms Consulting. For the record, we share my screen here. Wow. Let's see here… As you are all aware, an enforcement order was issued for unpermitted work, EO number 2602, for the record, at the last meeting, when I came before you all on behalf of the applicant.

It was requested that we put a sign with the EO number out front, which we did comply with and was in place. And has been in place for the duration. Again, this is an after-the-fact. NOI filing, here we have… the work that's been completed, I'll go over first, and then the work that we would hopefully intend to complete or permit, or the applicant would like to permit. with this NOI filing, we've got some calculations here of what's been done. About 16 cubic yards alone was brought in. About 2,800 square feet of sod. was installed. There was 19 cubic yards of crushed stone that was placed on the driveway.

And there was about… Another 12 cubic yards of, excuse me, there was, 19 cubic yards of 3 quarter inch crushed stone that was placed within the wharf to fill some sinkholes that were on the property, and then there was 19 cubic yards of river rock crushed stone that was brought in in the driveway area. All this work, as you know, has already been completed. This is an after-the-fact filing. I have some photos down here from before and after, and then we can get into the proposed work, additional work after. Let's see here, we have… this is… Pre-disturbance, or pre. You know, this is the work, or before any of the work was completed.

There was some concern that this area was going to turn into some parking or an additional driveway. That is actually not the case at all. As you can see down here, there's an additional photo that was taken, via drone before any work was completed over there. And then here is a photo of the work after it has been completed. There was also some additional work done to it, to the existing deck over here. All of that work was just replacing some existing stringers that went rotted, and some existing decking that was rotted, and it was all replaced. There was no expansion of the footprint at all. It was replaced with Trex composite decking and some Trex railings here. As you can see where my cursor is, this is the river rock that was brought into the driveway, and some bordering cobblestones.

This is what it looks like after the work has been completed. There's a decorative border of cobblestones, and some grass plantings, and there was some fill to this existing wharf. This coastal structure was… almost pre-DEP. The Chapter 91 for this wharf goes back to about 1890, I believe. So it was pretty old structure. It's one of the oldest in Gloucester Harbor, actually still existing. So you got the wharf, long gravel driveway, cobblestone edging. Oh. Down here's another existing, or another photo post-existing, and I can kind of stop here, because we'll, we'll address some work that we propose to get done here that has not been completed. As you can see.

This… Rock retaining wall for the wharf here has some, missing stones and some stones that are falling out. We are proposing to be able to remorter some of these joints and replace some of these rocks that have fallen out in this area, this part of this NOI. This is work that has not been completed. Additional work that has not been completed is the. irrigation system to be finished. Part of it was installed, pre-NOI, so this will… we'd like to include this in the after-the-fact filing. The irrigation system, and then a water hose, a small underground water hose that then will connect to an actual hose that will go down to feed the dock. System that's in place and currently permitted with fresh water.

As you can see, there's a little GIS photo here of the entire property. I think I addressed most of the concerns last time of what work had actually taken place, so I don't know if you guys want me to get, too more in-depth or involved in that when I came before you all for the enforcement order on behalf of the applicant. That's pretty much what I have to present. I'm sure there'll be some questions, so thank you very much. Speaker 2 (RBSC - Multipurpose Room): Okay, thank you. We'll do public comments, and then Commissioner comments. Any members of the public who wish to comment on this project, please raise your hand. Speaker 1 (RBSC - Multipurpose Room): Looks like we have no hands up in person, and there are no hands up on the Zoom.

adjacent to the existing gravel driveway, and due to these proposed impacts, we are proposing a native species planting area that's approximately 720 square feet, or a 2 to 1 ratio to the proposed work. This is the area of the proposed native species planting area. And then I have the plan. Highlighted blue on the bottom is where the proposed pool is going to be, and then we have the Coastal Bank highlighted in green here. We also have these green highlighted areas, which is the proposed mitigation areas, and the storage area is this smaller box towards the gravel driveway. The mitigation area plantings include

Pearly Everlasting, False Indigo, Black-Eyed Susan, Coneflower, New England Lupin, Goldenrod Fireworks, White Yarrow, New England Aster, Purple Coneflower, Blazing Star, and grasses, including Little Bluestem and Red Fescue. And I'm happy to answer any questions. Speaker 2 (RBSC - Multipurpose Room): Thank you. We'll open up for public comment, and then Commissioner comments. Please make a note of any comments, and you'll have a chance at the end to address them all. So, any members of the public who wish to comment on this project, please raise your hand. Speaker 2 (RBSC - Multipurpose Room): One hand up, please approach the podium.

Speaker 8 (RBSC - Multipurpose Room): Oh. Speaker 8 (RBSC - Multipurpose Room): Get joined in here, and I can share the screen. Speaker 8 (RBSC - Multipurpose Room): We've filed this ANRAD application, again, simply just to confirm the wetland delineation on the site. It's a relatively large lot, up on the top of Estuary Way there. It's a… the site itself sits on the top of a pretty substantial hill, about. Speaker 8 (RBSC - Multipurpose Room): 75, 80 feet up from the salt marsh down at the perimeter. We did delineate. Speaker 8 (RBSC - Multipurpose Room): Obviously, salt marsh basically just follows the bottom, the low-lying areas there, the bottom of the hill, pretty straightforward delineation in that regard. We've got a couple portions of perennial stream associated with that salt marsh area. Those are cast in a 200-foot riverfront area, you'll see up here.

Speaker 8 (RBSC - Multipurpose Room): We have LSCSF as well, that elevation is 13. A decent chunk of it coincides with the top of the coastal bank, so you'll see them kind of. Speaker 8 (RBSC - Multipurpose Room): combine and separate as we go across here. We provided a couple of transects to support that coastal bank delineation as well. Speaker 8 (RBSC - Multipurpose Room): And then… Speaker 8 (RBSC - Multipurpose Room): Down over here in the other corner, we did delineate a little finger or pocket of BVW, so, you know, typical freshwater wetland, kind of on the other side of the site there. Speaker 8 (RBSC - Multipurpose Room): It's got a 100 foot buffer zone as well, obviously. Speaker 8 (RBSC - Multipurpose Room): That is the delineation in a nutshell. I believe I understand that Chuck has been out there, so if there's any, you know, anything that you noted on your site walk, we're more than happy to address those comments, and obviously Commissioner comments.

Speaker 8 (RBSC - Multipurpose Room): We do not have a file number yet, so understanding we certainly can't close tonight, but we wanted to kind of come and get the ball rolling here. Speaker 2 (RBSC - Multipurpose Room): Okay, thank you. I'll open up to public comments, then take Commissioner comments. Any members of the public who wish to comment on this project, please raise your hand. Speaker 1 (RBSC - Multipurpose Room): Looks like we have nobody here except for the homeowner in person. Speaker 1 (RBSC - Multipurpose Room): And, no hands are up on Zoom. Speaker 2 (RBSC - Multipurpose Room): Okay, closing public comments and moving to Commissioner roll call comments. Member Cook?

With a seasonal dock and gangway component. I will show you, I will share my screen here. Speaker 2 (RBSC - Multipurpose Room): you. And show you… Exactly what we're talking about.

Can you guys see my screen?

William Cook Yes.

To this area, it'll all be built out of aluminum. With a, 40-foot gangway and a proposed, float and T-float. All the setbacks have been met. We are well withinside the Harbor Commissioner line and the Federal Channel line, and… That's pretty much what I've got for you guys for this presentation. Happy, of course, as always, to entertain any additional questions. Speaker 2 (RBSC - Multipurpose Room): Okay, thank you. We'll open up to public comment, then commissioner comments. Any members of the public who wish to comment on this project, please raise your hand. Speaker 1 (RBSC - Multipurpose Room): We have nobody left in person, and there are no hands up on the Zoom. Speaker 2 (RBSC - Multipurpose Room): Closing public comment, moving to commissioner roll call comments.

Speaker 2 (RBSC - Multipurpose Room): Property owners James Montagnino Jr, Thomas Ciamataro from Five Fathoms Consulting is representing.

William Cook Okay, Are we gonna have any discussion, or should I just move it?

Speaker 2 (RBSC - Multipurpose Room): I think we're good. I think the NOI covers the after the fact work, and I think we were all satisfied that it was permeable and we voted for it.

William Cook Commissioner Cook. Moose. Yeah, what am I gonna move to? Moves to return to compliance. EO26-02.

Speaker 1 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook.

William Cook Yes.

Speaker 1 (RBSC - Multipurpose Room): Member Sargent? Yes. Member Lattes? Yes. Member Viteri? Yes. Speaker 1 (RBSC - Multipurpose Room): I'd like to add, if you could, Speaker 1 (RBSC - Multipurpose Room): Just let the applicant of the… Speaker 1 (RBSC - Multipurpose Room): And I know that there is a, Speaker 1 (RBSC - Multipurpose Room): Appeals period, that he can't start work right away. Speaker 1 (RBSC - Multipurpose Room): We don't want to have to issue another Speaker 1 (RBSC - Multipurpose Room): Enforcement order, now that things are back on track. Absolutely, I will make sure that no work happens until the order is issued. Officially issued through… after the appeals period. Speaker 1 (RBSC - Multipurpose Room): Alright, very good.

Speaker 1 (RBSC - Multipurpose Room): You know, that language to me seems to imply that Speaker 1 (RBSC - Multipurpose Room): They would be allowed to use vehicles. Speaker 1 (RBSC - Multipurpose Room): In all these areas, outside of… Speaker 1 (RBSC - Multipurpose Room): Typing Plover season, which is not an activity that was approved. Speaker 1 (RBSC - Multipurpose Room): in the order of conditions, or under the enforcement order, and I don't know if the Commission feels comfortable approving Speaker 1 (RBSC - Multipurpose Room): The restoration plan with that language in it. Speaker 1 (RBSC - Multipurpose Room): I did ask, that that, you know, be removed. Speaker 1 (RBSC - Multipurpose Room): But it… nothing has been changed on that.

Speaker 2 (RBSC - Multipurpose Room): Yeah, I agree with that interpretation. Speaker 2 (RBSC - Multipurpose Room): And I think if that's a… Speaker 2 (RBSC - Multipurpose Room): A use they want to pursue, it probably would have to be part of Whatever new filing they make. Speaker 2 (RBSC - Multipurpose Room): And wouldn't… wouldn't be part of a return to compliance with the existing order of conditions and enforcement order. Speaker 2 (RBSC - Multipurpose Room): Those are my thoughts. Any other thoughts for other commissioners?

William Cook Personally, what I'd like to do is put… take the wording that we did for 1:30 9… For the use of it. And… Implied those onto this one, which was basically they could use the vehicle. To drive handicapped people. to the beach, at the end of the ramp, turn around and back up. No use of the vehicle on the beach.

Speaker 1 (RBSC - Multipurpose Room): I believe that would be language that would include. Speaker 1 (RBSC - Multipurpose Room): On a future filing. Speaker 1 (RBSC - Multipurpose Room): We're talking right now about the restoration plan.

William Cook Oh, okay, I'm sorry. Sorry about that.

Speaker 2 (RBSC - Multipurpose Room): Let's hear from Chip Nylund, and then we'll go through Commissioner comments. richard nylen: Yeah, thank you, good evening. I didn't get on quick enough so that I could respond. I received a note from Chuck, and we agree you can either make it conditional upon, you know, removing that language, or otherwise. I want to wait and see if there were any other comments before we went back to change richard nylen: the plan or any of the language. Since the last meeting that we had, we received richard nylen: a letter from, Chuck and from the, city solicitor, so our intention was to richard nylen: cleanse those references to the notice of intent from this document so that it's based upon the enforcement order rather than on the notice of intent. I would tell you the other thing that we did find after there was a lot of discussion at the last meeting that

richard nylen: no plantings ever took place back in 2012. We found, in some archive, that we'll present when we go forward with the notice of intent. richard nylen: pictures that show the plantings that did take place when Lisa Press was the agent, and that we just found, but we're going to make those as part of the notice of intent, because we've separated these out. So. richard nylen: you know, we're… we're looking, again, just to have the enforcement order go… to go first. Mike DeRosa's with me. He made the changes in the… in the plan so that we are talking about. richard nylen: beach grass for the three… around to have a 3-foot pathway. I indicated to you at the last meeting that we have roped off that, that 3-foot area.

richard nylen: Mike can answer any questions with respect to his… richard nylen: restoration efforts, but our intent is to, you know, wrap up the enforcement, and then so we can file a notice of intent, similar to what Mr. Cook was saying, similar to 139 Winger Sheet, to. richard nylen: to go forward. I will say one other item, Chuck, is on the Notice of Intent Plan that we have, it still has the mat on it. richard nylen: But, you know, that's inconsistent with the language in the plan, which says it's a 3-foot pathway. So, that's a notice of intent plan that John Judd… so we can take that off if you'd like us to do, or just make a notation that is a 3-foot path rather than a 5-foot path.

richard nylen: So I think we've complied with what you've asked us to do, and if there are any other revisions that you need to make, Mike and I are both here to answer any questions. Thank you. Speaker 1 (RBSC - Multipurpose Room): I think the only other item, Speaker 1 (RBSC - Multipurpose Room): that I believe the commissioners discussed was the potential use of, Speaker 1 (RBSC - Multipurpose Room): Snow or sand fencing to help, fill in the… Speaker 1 (RBSC - Multipurpose Room): area that's, lower on the dune. That is not currently included in, in that plan. I didn't know if that was something that the commissioners really wanted to see. Speaker 1 (RBSC - Multipurpose Room): included, for the restoration plan, or…

richard nylen: So, Mike can address that, because we talked about whether or not we wanted to have transition sand in there so that you would have that demarcation between the path and the larger dune, but whatever makes the most sense. richard nylen: We've looked at that because there is a drop-off there between the two areas.

William Cook Can I ask, has anybody been down Down there to look at it, since we had that big storm last week. To see which way the sand blew and stuff like that.

Speaker 1 (RBSC - Multipurpose Room): I have not been down there, no.

William Cook I'm just wondering, I know we got a lot of sand blown in on our section. So I was just wondering how they made out down there. Because that would… that could be an indicator of whether or not There's really a need to put snow fencing up. I personally do not like snow fencing on the beaches.

richard nylen: We do, to your point, we do have some pictures from over the years that show how high up on the lawn that that sand does blow during certain storm events. Speaker 2 (RBSC - Multipurpose Room): Are we talking about the area by the lawn, or are we talking about the area by the… Speaker 2 (RBSC - Multipurpose Room): Frontal dune. richard nylen: I'm talking about beyond the front. It blows all the way through the whole path up to the… towards the house, the lawn on… towards the house. Speaker 2 (RBSC - Multipurpose Room): Right, but I'm talking about where the location of the sand fencing would go. Speaker 1 (RBSC - Multipurpose Room): I think, Member Sargent was, was… Speaker 1 (RBSC - Multipurpose Room): Offering that it could help to fill in the area where it's,

Speaker 1 (RBSC - Multipurpose Room): lower, going through the primary frontal dune there, where we also discussed possibly having supplemental sand. So, instead of having supplemental sand, he thought it might be a good idea Speaker 1 (RBSC - Multipurpose Room): To have that fencing, at least temporarily, to kind of help rebuild that area, so it's, you know. Speaker 1 (RBSC - Multipurpose Room): Re-establishing the form of the dune. Speaker 1 (RBSC - Multipurpose Room): Where it's kind of been excavated for the pathway. richard nylen: That's out of my field. I'll turn to Mike if maybe he can. Speaker 2 (RBSC - Multipurpose Room): Yeah, sorry, Mike. I mean, I think you understand sort of the goal and the function that we want restored. If you think…

Speaker 2 (RBSC - Multipurpose Room): Sand fencing is the best way to get to that, or some other way is the best way to get to it, I think we'd hear you on that. I think what we would do is I like the idea of going out and doing a site visit after that storm. I was out at Plum Island this past week after the storm, and there was an awful lot of sand movement. So it would be interesting to go back and see how that front beach has changed. the use of snow fencing, I agree, I think it adds a… A thing where we really don't want structure in the sand, because that sand comes and goes, and then it becomes a hazard. you know, I'd much rather do additional.

Beach grass planting in that area to try to build up the dune in that area. But, like Chip said, we're trying to close out the enforcement order tonight, but we could definitely add that to the NOI. Which we're in the process of preparing. Speaker 2 (RBSC - Multipurpose Room): Well, I mean, it sounds like there's gonna be some amendments to the restoration plan narrative, and a change to the plan itself, Speaker 2 (RBSC - Multipurpose Room): And I think we should go through, I Speaker 2 (RBSC - Multipurpose Room): for Commissioner roll call comments to see if there's any other Speaker 2 (RBSC - Multipurpose Room): Changes to, to address. I personally would like to see, sort of, the final documents before

Speaker 2 (RBSC - Multipurpose Room): We take a vote on them, just to make sure that everything looks to be in order before we… in lieu of making a vote to have Speaker 2 (RBSC - Multipurpose Room): Sort of changes be submitted contingent on an approval. Speaker 1 (RBSC - Multipurpose Room): Do you want to do roll call comments? Speaker 1 (RBSC - Multipurpose Room): Member Cook.

William Cook I don't have anything else to add.

Speaker 3 (RBSC - Multipurpose Room): Member Sargent, thank you for being cooperative and moving forward. Speaker 3 (RBSC - Multipurpose Room): The sand in that area, I think we can all agree, is… it's a dynamic environment. Speaker 3 (RBSC - Multipurpose Room): And I think… Speaker 3 (RBSC - Multipurpose Room): Mike DeRosa's suggestion of going out there and seeing what it looks like now, tells you What type of… Speaker 3 (RBSC - Multipurpose Room): situation we're actually looking at. To me, it's not a roadblock to saying that they're not in compliance or in compliance, but it would be nice to know what we're dealing with right now. Speaker 1 (RBSC - Multipurpose Room): Member Lighty's? Speaker 7 (RBSC - Multipurpose Room): Just for clarification among the rest of you guys, For myself.

Speaker 7 (RBSC - Multipurpose Room): The plannings don't actually go in till next year, right? Speaker 7 (RBSC - Multipurpose Room): So, can we approve the enforcement order before that? Speaker 7 (RBSC - Multipurpose Room): Or do we have to at least wait until there's an approved NOI that would eclipse it, if we're willing to do that? Speaker 7 (RBSC - Multipurpose Room): But I… I don't see… I don't see an area in between those two things, unless I'm missing something. Speaker 1 (RBSC - Multipurpose Room): Member Oteri? Speaker 1 (RBSC - Multipurpose Room): I know… Speaker 2 (RBSC - Multipurpose Room): I don't recall the, I wasn't here at the last meeting. I don't recall what the discussion was. I don't know where we landed on.

Speaker 1 (RBSC - Multipurpose Room): Yeah, there's no discussion at the last meeting. Speaker 1 (RBSC - Multipurpose Room): I don't recall where we landed on… Speaker 2 (RBSC - Multipurpose Room): I think we… I recall that the last discussion we had was we wanted to see completion of the restoration before we entertained a new NOI. Speaker 2 (RBSC - Multipurpose Room): I think that's the position. I don't recall, what Suzanne Speaker 2 (RBSC - Multipurpose Room): Said in… may have said in her letter. Speaker 1 (RBSC - Multipurpose Room): Well, I, yeah, I guess I would just say, I think somebody mentioned wanting to get a return to compliance on the enforcement order, I think. Speaker 1 (RBSC - Multipurpose Room): I think until we actually see the plantings go in and become established.

Speaker 1 (RBSC - Multipurpose Room): That's, that's part of the enforcement order. So, you know, this, this is a step along the way, is getting the restoration plan approved. Speaker 1 (RBSC - Multipurpose Room): So they can all move forward, you know, with a plan. Speaker 1 (RBSC - Multipurpose Room): is acceptable. Speaker 1 (RBSC - Multipurpose Room): How'd the Commission feels about a submission prior to… Speaker 1 (RBSC - Multipurpose Room): prior to that, that's up to the Commission, but, yeah, I think we're still a couple steps away from a return to compliance for the enforcement order.

Speaker 3 (RBSC - Multipurpose Room): I could accept the, you know, the mitigation plan. Speaker 3 (RBSC - Multipurpose Room): With the removal.

William Cook What's your… what's your plans to do right now?

Speaker 2 (RBSC - Multipurpose Room): So, I think what's… so, I think the restoration plan needs to be amended to remove Speaker 2 (RBSC - Multipurpose Room): Something about the NOI, they're showing a 3-foot width? Speaker 1 (RBSC - Multipurpose Room): No, there's the language about the usage of vehicles. Speaker 2 (RBSC - Multipurpose Room): Right, but I thought there was something else on the plan itself. Speaker 1 (RBSC - Multipurpose Room): Right, I think the path, I think Mr. Nyland, I think you said the width of the path and it was also showing a MobiMat on there as well. Speaker 1 (RBSC - Multipurpose Room): Yeah, so we'd want a revised plan that just shows a 3-foot wide Speaker 1 (RBSC - Multipurpose Room): Path as part of that plan.

Speaker 2 (RBSC - Multipurpose Room): And then, from the narrative, removal of any language about motorized vehicles. Speaker 2 (RBSC - Multipurpose Room): Is that it? So those two things. Yep. Speaker 2 (RBSC - Multipurpose Room): Okay. So I think with those two changes, I think we could… we could… Speaker 2 (RBSC - Multipurpose Room): What I'm hearing, I think we could vote to approve the restoration plan. Speaker 2 (RBSC - Multipurpose Room): Contingent on those two changes being made and submitted, but that's not going to be a vote for return to compliance. Speaker 3 (RBSC - Multipurpose Room): That sound right, Commissioners? Yeah. Speaker 7 (RBSC - Multipurpose Room): My understanding of the, what was discussed previously?

Speaker 2 (RBSC - Multipurpose Room): How about you, Bill?

William Cook Yeah, I think, yeah, we can… we can vote to, approve the restoration plan. Subject to those two changes being made.

Speaker 2 (RBSC - Multipurpose Room): But the enforcement order would remain open.

William Cook Yeah, the enforcement order would remain open, but we can approve the restoration plan.

Speaker 2 (RBSC - Multipurpose Room): Right. Speaker 2 (RBSC - Multipurpose Room): Okay, Mr. Nylund, do you want to comment? richard nylen: Yeah, I just want to distinguish, we're not looking for a return to compliance letter. I think you got there. To Commissioner Iliotti's question, this is a restoration plan that you were asking you to approve, which richard nylen: includes plantings as part of the restoration plan, so that's what we're looking for you to approve that. We're not asking for a return to compliance. Speaker 2 (RBSC - Multipurpose Room): Okay, I think we're on the same page now. richard nylen: Yes. Speaker 2 (RBSC - Multipurpose Room): Okay, thank you.

Speaker 3 (RBSC - Multipurpose Room): with the aforementioned conditions.

William Cook with the aforementioned conditions.

Speaker 3 (RBSC - Multipurpose Room): Commissioner Sargent seconds. Roll call, Member Cook.

William Cook Yes.

Speaker 1 (RBSC - Multipurpose Room): I did just reach out to the homeowner. We've had some inquiries about the pile of stone that was placed on the ocean side of the road. Speaker 1 (RBSC - Multipurpose Room): We were told several months ago that that was going to be used as a, to construct an apron. Speaker 1 (RBSC - Multipurpose Room): At the bottom of the driveway there, the pile is still there. The homeowner responded saying that, Speaker 1 (RBSC - Multipurpose Room): I guess during the interim, a lot of people have come and taken stones. Speaker 1 (RBSC - Multipurpose Room): And that he no longer thinks he has enough to do the apron, but he intends to use them to line the driveway instead. So it sounded like that work had kind of started.

Speaker 1 (RBSC - Multipurpose Room): But I will continue to follow up on that, too. Speaker 1 (RBSC - Multipurpose Room): get a timeline, I didn't know if the Commission… I don't know if we… Speaker 1 (RBSC - Multipurpose Room): Set a timeline for the stones to be removed? It sounded like, to me, that the work was gonna happen Speaker 1 (RBSC - Multipurpose Room): Sooner than later, but do we need to modify the restoration plan? Speaker 1 (RBSC - Multipurpose Room): You mean the enforcement order, the restoration plan on that? Or whatever? Speaker 2 (RBSC - Multipurpose Room): I mean, whatever plan is showing an apron versus a liner of an apron now, if they're… Yeah. Speaker 2 (RBSC - Multipurpose Room): He's changing that. Do we need to have that reflected on some plan?

Speaker 2 (RBSC - Multipurpose Room): Yeah. Speaker 3 (RBSC - Multipurpose Room): We're also getting to the winter season. Speaker 3 (RBSC - Multipurpose Room): Where plows may be, We're pushing, you know, some of the Speaker 3 (RBSC - Multipurpose Room): There was rocks, you know, along the way, and he will lose those rocks permanently. Speaker 7 (RBSC - Multipurpose Room): It'll just take care of itself. Speaker 2 (RBSC - Multipurpose Room): Hill Road. They'll become… they'll become cobbles. Speaker 2 (RBSC - Multipurpose Room): Can… can that pile be… can it be moved to the other side of the road? At least while he's doing that work, and just removed from the ocean side? Speaker 1 (RBSC - Multipurpose Room): I It seems like there's room over there, I can certainly inquire.

Speaker 1 (RBSC - Multipurpose Room): That the… what the Commissioner would like to see? Speaker 1 (RBSC - Multipurpose Room): So that pile moved to the, I think so. Speaker 2 (RBSC - Multipurpose Room): I think we've been waiting for that. I think we were under the impression that that was going to be happening. Speaker 3 (RBSC - Multipurpose Room): Yeah, he wanted to do some restoration on the other side where we wanted the cobbles to be placed and we wanted that restoration to take place first. Speaker 3 (RBSC - Multipurpose Room): before we put the cobbles down. I don't know. Has that restoration taken place beside? Speaker 3 (RBSC - Multipurpose Room): You know, to the south of the driveway?

Speaker 1 (RBSC - Multipurpose Room): I would need to check on that, or check in with, mike DeRosa's still on? Speaker 1 (RBSC - Multipurpose Room): He has left, so I will check in with the homeowner and Mike on that, as well as the rock pile. Speaker 3 (RBSC - Multipurpose Room): My understanding is that was going to be where they were going to place them if it wasn't going to be on the other side. And then we decided rather than put them in the parking area or. Speaker 3 (RBSC - Multipurpose Room): You know, on the restoration area, we would allow Speaker 3 (RBSC - Multipurpose Room): for a short period of time to allow them, you know, to be piled where they already were. But it's dragging on.

Speaker 1 (RBSC - Multipurpose Room): Reach out to them again. Alright. Speaker 2 (RBSC - Multipurpose Room): Okay, any other matters not reasonably anticipated within 48 hours of the scheduled meeting? Speaker 3 (RBSC - Multipurpose Room): Who's gonna kill that fly? Speaker 2 (RBSC - Multipurpose Room): You know, it's a survivor. Speaker 2 (RBSC - Multipurpose Room): All right, can we get a motion to adjourn?

William Cook Commissioner Cook makes a motion to adjourn.

Speaker 1 (RBSC - Multipurpose Room): Commissioner Leahy seconds. Speaker 1 (RBSC - Multipurpose Room): Roll call, Member Cook?

William Cook Yes.

Speaker 1 (RBSC - Multipurpose Room): Member Sargent? Yes. Member Lightys? Yes. And Member Viteri? Yes. Speaker 2 (RBSC - Multipurpose Room): Good night, Bill.

William Cook Okay, night, everyone.

Speaker 3 (RBSC - Multipurpose Room): Good night, John Boy.