1 00:00:02,130 --> 00:00:07,210 Good afternoon. This is the hearing of the Chatham Conservation Commission being held on March 4th, 2 00:00:07,210 --> 00:00:12,290 2026 in accordance with the Massachusetts Wetlands Protection Act and the Town of Chatham Wetlands 3 00:00:12,290 --> 00:00:17,830 Protection Bylaw and Regulations. My name is Karen Latin and I serve as the Chair. Please note, 4 00:00:18,050 --> 00:00:22,370 this meeting is being recorded and will be available shortly a year after for scheduled 5 00:00:22,370 --> 00:00:29,390 and on-demand viewing on any smartphone or tablet device. If anyone else is recording the 6 00:00:29,390 --> 00:00:34,070 meeting, including the use of AI note-taking apps, please notify the chair. 7 00:00:35,050 --> 00:00:41,050 Pursuant to Governor Healey's March 28, 2025, signing of Chapter 2 of the Acts of 8 00:00:41,050 --> 00:00:46,390 2025, extending certain COVID measures adopted during this day of emergency, 9 00:00:46,650 --> 00:00:52,490 suspending certain provisions of the open meeting law, C-30A, Section 20, 10 00:00:52,650 --> 00:00:59,090 until June 30, 2027. This meeting of the Chatham Conservation Commission is 11 00:00:59,090 --> 00:01:03,030 being conducted in person and via remote participation. 12 00:01:04,130 --> 00:01:10,050 Every effort will be made to ensure that the public can adequately access the proceedings 13 00:01:10,050 --> 00:01:12,830 as provided in this order. 14 00:01:13,850 --> 00:01:18,790 A reminder that persons who would like to listen to this meeting while in progress may do 15 00:01:18,790 --> 00:01:32,290 saw it, so by calling the phone number 1-508-945-4410, conference ID 287-797-786-79424. 16 00:01:33,870 --> 00:01:38,710 Or join the meeting online via Microsoft Teams through the link posted in the agenda. 17 00:01:39,650 --> 00:01:46,770 While this is a live broadcast and simulcast on Chatham TV, Xfinity Channel 1072, despite 18 00:01:46,770 --> 00:01:52,150 our best efforts, we may not be able to provide real-time access. We will post a 19 00:01:52,150 --> 00:01:56,870 record of the meeting on the town's website as soon as possible. To all 20 00:01:56,870 --> 00:02:01,470 participants, whether attending by phone or online, please remain muted unless 21 00:02:01,470 --> 00:02:05,610 you've been recognized by the chair. When recognized, please identify yourself 22 00:02:05,610 --> 00:02:09,710 for the record. If you are attending by phone, you can mute and unmute by 23 00:02:09,710 --> 00:02:14,070 using star six. If you are online and you are not a commissioner, please 24 00:02:14,070 --> 00:02:16,710 Please keep your camera turned off unless you've been recognized. 25 00:02:17,210 --> 00:02:21,830 Indicate that you wish to speak by using the raised hand feature so that we have a record 26 00:02:21,830 --> 00:02:22,470 of a quorum. 27 00:02:22,670 --> 00:02:25,230 I will now ask each commissioner to indicate their presence. 28 00:02:26,070 --> 00:02:27,370 Vice Chair Paul Johnson. 29 00:02:27,550 --> 00:02:27,750 Present. 30 00:02:28,170 --> 00:02:28,710 Janet Williams. 31 00:02:29,030 --> 00:02:29,290 Present. 32 00:02:29,590 --> 00:02:30,110 Elise Gordon. 33 00:02:30,370 --> 00:02:30,570 Present. 34 00:02:30,930 --> 00:02:31,450 Eric Hilbert. 35 00:02:31,710 --> 00:02:31,950 Present. 36 00:02:32,530 --> 00:02:35,270 Bob Delvecchio is not able to attend. 37 00:02:35,570 --> 00:02:36,250 And I am here. 38 00:02:36,690 --> 00:02:38,310 We have established that we have a quorum. 39 00:02:39,030 --> 00:02:43,650 Is there anyone who would like to make any announcements, comments, or future agenda 40 00:02:43,650 --> 00:02:47,010 items for anything other than the properties on the agenda today? 41 00:02:47,570 --> 00:02:52,170 You may comment on those properties, those when the property is being heard. 42 00:02:53,090 --> 00:02:57,630 I'm not seeing any raised hands or anybody in the room. 43 00:02:58,550 --> 00:03:03,410 Before we begin the agenda, Paul, are there any announcements of any requests for continuances 44 00:03:03,410 --> 00:03:03,770 today? 45 00:03:04,050 --> 00:03:04,790 Thank you, Madam Chair. 46 00:03:04,970 --> 00:03:05,910 Good afternoon, commissioners. 47 00:03:05,910 --> 00:03:14,130 I will tell you that 202 Lyme Hill Road has continued from October 8th to 25th to December 48 00:03:14,130 --> 00:03:19,290 3rd has continued to the 11th. 49 00:03:20,980 --> 00:03:23,840 And that is it. 50 00:03:24,400 --> 00:03:24,960 Okay. 51 00:03:25,360 --> 00:03:30,120 At this point, Paul Whiteman, Chairman's Conservation Agent, will now lead us through the agenda. 52 00:03:30,620 --> 00:03:31,560 Thank you, Madam Chair. 53 00:03:32,580 --> 00:03:37,100 The following notices of intent were scheduled for February 25th due to the storm. 54 00:03:37,100 --> 00:03:41,700 They've been rescheduled to March 11, 2026 to allow time for re-advertising. 55 00:03:42,260 --> 00:03:47,140 I'm going to read these five right off rapidly, and then we'll get into discussion on coastal 56 00:03:47,140 --> 00:03:47,660 resiliency. 57 00:03:48,880 --> 00:03:58,220 0 Eastwood Road, Chatham Conservation Foundation, Map 13, M-Parsal 21A-C242, SE number 103764, 58 00:03:58,620 --> 00:04:02,600 Project Invasive Species Management, Native Plant Restoration within 100 feet to Assault 59 00:04:02,600 --> 00:04:04,400 Marsh and Coastal Bank. 60 00:04:04,540 --> 00:04:05,380 This is a new application. 61 00:04:05,380 --> 00:04:12,040 Next, 72C, Ms. Lane, Buona, Fortuana, and I know I didn't pronounce that right, LLC, 62 00:04:12,620 --> 00:04:18,760 MAP1A, Parcel K, EP number SC10, 3767, proposed construction of a swimming pool and patio 63 00:04:18,760 --> 00:04:20,400 within a buffer zone to a coastal bank. 64 00:04:20,860 --> 00:04:21,820 This is a new application. 65 00:04:22,440 --> 00:04:29,840 Parcel 5, Crowes Pond Road, Scott Butcher, MAP10L, Parcel 5, DEP number SC10, 3766, 66 00:04:30,020 --> 00:04:33,260 construction of a dwelling and swimming pool within a buffer zone to a coastal 67 00:04:33,260 --> 00:04:33,600 bank. 68 00:04:33,600 --> 00:04:42,500 that's a new application. 357 Stony Hill Road, John Hernandez, Map 141, Parcel 2B, 25B, 69 00:04:43,420 --> 00:04:50,160 SC 10, 10, 3, 7, 6, 5, Proposed Swimming Pool, this is a new application. Lastly, 420 Harbor 70 00:04:50,160 --> 00:04:59,020 2 Lane, Peter Harris, Map 161, Parcel 20-MD2, DEP number SC 10, 37, don't have the whole 71 00:04:59,020 --> 00:05:03,940 number raise and reconstruct the guest house and patio and stairs connect to 72 00:05:03,940 --> 00:05:07,880 existing septic system and this is also a new application great 73 00:05:10,030 --> 00:05:12,830 thank you so Paul 74 00:05:12,830 --> 00:05:18,170 we can have a motion I move that we continue zero eastward road 72 see Miss 75 00:05:18,170 --> 00:05:26,210 Lane parcel five crows pond road 357 Stony Hill Road and 42 old Harbor Lane 76 00:05:26,210 --> 00:05:29,130 to the meeting on March 11th, 2026. 77 00:05:29,670 --> 00:05:30,070 Second. 78 00:05:30,930 --> 00:05:31,730 All right, Elise. 79 00:05:33,350 --> 00:05:33,730 Aye. 80 00:05:34,150 --> 00:05:34,430 Janet. 81 00:05:34,730 --> 00:05:34,870 Aye. 82 00:05:35,310 --> 00:05:35,490 Paul. 83 00:05:35,690 --> 00:05:35,830 Aye. 84 00:05:36,330 --> 00:05:36,590 Eric. 85 00:05:36,730 --> 00:05:36,870 Aye. 86 00:05:37,110 --> 00:05:37,870 And I say aye. 87 00:05:38,130 --> 00:05:38,970 Okay, next. 88 00:05:39,270 --> 00:05:39,730 Thank you, Madam Chair. 89 00:05:39,850 --> 00:05:41,610 Next on the agenda is a discussion, 90 00:05:42,450 --> 00:05:45,230 the Coastal Resilience Regulation Modifications. 91 00:05:46,090 --> 00:05:47,450 Great, thank you. 92 00:05:47,710 --> 00:05:50,370 I'm going to let you guys just take over 93 00:05:50,370 --> 00:05:52,510 and do your thing. 94 00:05:54,670 --> 00:06:00,310 Well, I don't quite want to take over, but thank you very much for having us here today. 95 00:06:01,090 --> 00:06:05,670 I know this has been on your minds for some time, and we're very pleased to join you to 96 00:06:05,670 --> 00:06:08,090 talk about floodplain regulations. 97 00:06:08,870 --> 00:06:12,710 I'm Heather McElroy, I'm the Natural Resource Manager at the Cape Cod Commission. 98 00:06:13,370 --> 00:06:19,390 I've been working on this project with many different folks, and few of them are with 99 00:06:19,390 --> 00:06:26,170 us here today and definitely we'll call on them to help answer questions as we get into 100 00:06:26,170 --> 00:06:26,710 the discussion. 101 00:06:26,930 --> 00:06:34,190 But I'm going to start just to go through a few slides to give you an orientation to 102 00:06:34,190 --> 00:06:35,170 what we're about here. 103 00:06:36,710 --> 00:06:43,310 So yeah, the work that we're talking about here is model coastal resiliency regulation. 104 00:06:44,050 --> 00:06:53,310 This is the project team that's working on this provided and the work is made possible 105 00:06:53,310 --> 00:06:55,390 through funding provided by the SNAP network. 106 00:07:00,010 --> 00:07:04,990 So I'm hoping that, yeah, this is just a little picture of Chatham and some of the 107 00:07:04,990 --> 00:07:09,410 properties that are vulnerable to flooding. 108 00:07:09,410 --> 00:07:09,630 meeting. 109 00:07:13,190 --> 00:07:21,810 This discussion today really we hope to build on the overview presentation that 110 00:07:21,810 --> 00:07:26,950 was given now at the end of January. I hope those of you who weren't able to attend that 111 00:07:26,950 --> 00:07:33,070 meeting had an opportunity to review the video and have some familiarity with what we're 112 00:07:33,070 --> 00:07:39,170 going to talk about. I'm going to walk through the regulations and I've taken screenshots 113 00:07:39,170 --> 00:07:44,250 shots of the regulations. Hopefully you'll be able to read them about the point being 114 00:07:44,250 --> 00:07:52,890 really the hit on some of the high points and to highlight for you both the content and 115 00:07:53,570 --> 00:08:00,990 decision points. So for discussion and your consideration at a future date. This meeting 116 00:08:00,990 --> 00:08:07,870 is meant to orient you to the regulations, take your questions, hopefully provide answers, 117 00:08:07,870 --> 00:08:14,530 There's perhaps we'll go away with some additional information from you to modify this draft 118 00:08:14,530 --> 00:08:19,750 that we're presenting, but there's no action required of you here today. 119 00:08:20,450 --> 00:08:26,910 We anticipate you'll have your own conversations and when you're ready we can come back to 120 00:08:26,910 --> 00:08:28,310 answer some additional questions. 121 00:08:33,700 --> 00:08:34,120 There we go. 122 00:08:34,380 --> 00:08:34,540 Okay. 123 00:08:34,840 --> 00:08:39,840 So for those of you who looked at the video or were at the workshop, you know that 124 00:08:39,840 --> 00:08:45,260 we have these three different products, we're going to focus on the coastal resiliency regulations 125 00:08:45,260 --> 00:08:53,340 today, which are wetlands regulations, something that the Conservation Commission can adopt through 126 00:08:53,340 --> 00:08:58,740 your own processes. It doesn't have to go to town meeting, for example, as compared to bylaws, 127 00:08:58,880 --> 00:09:07,140 which are things that need town meeting approval. So just to hit some of the areas that we're 128 00:09:07,140 --> 00:09:12,780 going to talk about. There's preamble on purpose and there are important elements, also jurisdiction 129 00:09:12,780 --> 00:09:17,560 and what that means in this context. I'm going to touch on just a couple of the definitions 130 00:09:17,560 --> 00:09:24,920 that we want you to think about specifically, some presumptions. And then I'll touch on 131 00:09:24,920 --> 00:09:31,000 the general performance standards for the coastal resilience zone. And then we'll touch 132 00:09:31,000 --> 00:09:36,920 also on the standards for the different subzones within that coastal zone. The V zone, 133 00:09:36,920 --> 00:09:38,780 the coastal A zone and the A zone. 134 00:09:42,130 --> 00:09:45,650 So the preamble is really just setting out, you know, 135 00:09:45,670 --> 00:09:52,130 why wetlands are important. And not everyone understands that. And in this particular context, 136 00:09:52,330 --> 00:09:56,650 for these set of regulations, we want to not only establish the importance of regulations, 137 00:09:57,370 --> 00:10:05,410 but that they also serve to provide flood protection. And they protect against flood 138 00:10:05,410 --> 00:10:14,230 damage through slowing floodwaters, et cetera. So preamble is an important element of the 139 00:10:14,230 --> 00:10:21,670 regulations. Similarly, the purpose is laying out why the town is seeking to regulate development 140 00:10:21,670 --> 00:10:29,370 in this area. So we've, in this model set of regulations, we did a lot of research 141 00:10:29,370 --> 00:10:36,750 in the preparation of this work, looking at other examples. We had a legal team who assisted 142 00:10:36,750 --> 00:10:43,730 us in this work, so we would highly recommend, you know, basically adopting the preamble 143 00:10:43,730 --> 00:10:51,390 and purpose as drafted, but of course all of this is subject to your own discussions 144 00:10:51,390 --> 00:10:52,190 and modifications. 145 00:10:55,000 --> 00:11:02,940 So jurisdiction, this is something that merits a lot more conversation, 146 00:11:03,980 --> 00:11:13,800 but for today, and for the regulations that we're presenting here as a draft, we want 147 00:11:13,800 --> 00:11:19,960 you to, the jurisdiction is the existing floodplain. That area that everyone is familiar 148 00:11:19,960 --> 00:11:27,720 familiar with, what can be called the FEMA flood plain, the V-zone, A-zone, et cetera. 149 00:11:29,930 --> 00:11:37,200 For the purposes of these regulations and some potential future changes, we are basically 150 00:11:37,200 --> 00:11:44,260 equating the flood plain or land subject to coastal storm flowage with the coastal resilience 151 00:11:44,260 --> 00:11:44,700 zone. 152 00:11:44,700 --> 00:11:49,120 And there's a good reason for that, but that comes later. 153 00:11:51,620 --> 00:11:55,320 So the next section is definitions. 154 00:11:55,960 --> 00:11:57,260 There are a whole bunch of definitions. 155 00:11:57,920 --> 00:12:04,020 If these definitions are defined within your existing wetlands by-law or regulations, 156 00:12:04,280 --> 00:12:08,980 you don't need to repeat them here, but do definitely want to make comparisons, make 157 00:12:08,980 --> 00:12:12,500 sure that they're covering the relevant issues. 158 00:12:12,500 --> 00:12:23,370 use. This is the Coastal Resilience Zone. So as written right here, basically the Coastal 159 00:12:23,370 --> 00:12:30,810 Resilience Zone is equivalent to your floodplain. The reason that we add this is because in drafting 160 00:12:30,810 --> 00:12:38,410 these regulations initially, we wanted, and the intention is still, to have communities 161 00:12:38,410 --> 00:12:43,950 think about regulating a future floodplain. We are recommending to you that regulating 162 00:12:43,950 --> 00:12:51,410 that future floodplain is a next step. So for consideration these regulations that you might 163 00:12:51,410 --> 00:12:59,070 adopt, you're just looking at the existing floodplain. But having this definition in here 164 00:12:59,070 --> 00:13:07,070 and used throughout and referenced throughout will make it easier to incorporate that future 165 00:13:07,070 --> 00:13:12,270 floodplain at a future date if you choose to do so. If you don't, no harm. It's just 166 00:13:12,270 --> 00:13:14,130 That's a slightly different term. 167 00:13:15,310 --> 00:13:18,170 So that's an area to sort of focus in on and think about. 168 00:13:18,810 --> 00:13:20,130 Can you read this by the way? 169 00:13:20,410 --> 00:13:20,630 Is this? 170 00:13:20,990 --> 00:13:21,190 Okay. 171 00:13:22,330 --> 00:13:23,730 Glad to hear that. 172 00:13:25,630 --> 00:13:26,130 Yeah. 173 00:13:30,750 --> 00:13:38,910 Sorry, Mark, do you mean as a legal definition or what the actual existing floodplain is? 174 00:13:39,030 --> 00:13:39,970 That's a legal definition. 175 00:13:40,130 --> 00:13:40,470 I'm sorry. 176 00:13:40,750 --> 00:13:40,810 Yeah. 177 00:13:40,810 --> 00:13:47,450 It's the FEMA floodplain, what DEP refers to as land-subject coastal storm flowage, 178 00:13:48,030 --> 00:13:52,330 A zone, V zone. I just wanted to make sure existing meant the ways legally defined. 179 00:13:52,530 --> 00:13:57,370 Okay. Correct. Yep. So you'll see in the definitions 180 00:13:58,110 --> 00:14:02,610 reference to base flood elevation and sea level rise, base flood elevation. 181 00:14:04,230 --> 00:14:09,270 These are basically areas for future discussion. We don't want to get into this too much today 182 00:14:09,270 --> 00:14:16,570 because it's kind of a lot but just an area for you to focus on that the area 183 00:14:16,570 --> 00:14:22,990 that you are the height at which you're going to regulate to is a decision 184 00:14:22,990 --> 00:14:23,350 point. 185 00:14:27,930 --> 00:14:33,430 Some additional definitions and decision points are the definitions of 186 00:14:33,430 --> 00:14:38,930 substantial damage and substantial improvement. We've included in these 187 00:14:38,930 --> 00:14:45,590 definitions reference to the assessed value of a structure rather than the market value. 188 00:14:45,690 --> 00:14:52,390 Market value tends to be the typical approach. But for reasons that Shannon will elaborate 189 00:14:52,390 --> 00:14:57,930 on, if there's interest, we really think that assessed value is a better way to go 190 00:14:57,930 --> 00:14:59,970 and that's why it's presented in. 191 00:15:00,000 --> 00:15:01,700 All right, 192 00:15:03,780 --> 00:15:04,860 so presumptions. 193 00:15:07,420 --> 00:15:11,840 You're probably familiar with this idea when you're regulating 194 00:15:11,840 --> 00:15:18,480 other areas under the Wetlands Protection Act. But the idea here is, is that any project that 195 00:15:18,480 --> 00:15:23,960 involves a project that involves any filling, dredging, constructing one or more buildings 196 00:15:23,960 --> 00:15:30,060 or other structures within the coastal resilient zone or the CRZ is presumed to have a significant 197 00:15:30,060 --> 00:15:34,760 can affect on the flood control functions of the floodplain, 198 00:15:35,200 --> 00:15:39,260 and other things, erosion, sediment control, 199 00:15:39,320 --> 00:15:40,060 and water quality. 200 00:15:42,390 --> 00:15:46,210 So those presumptions are sort of setting out 201 00:15:47,690 --> 00:15:50,410 why the regulations are drafted the way they are. 202 00:15:51,510 --> 00:15:54,090 So then there's a section on the general performance 203 00:15:54,090 --> 00:15:54,710 standards. 204 00:15:57,510 --> 00:16:00,050 This really lays out the expectations 205 00:16:00,050 --> 00:16:07,290 conditions for certain activities in a general way, but the specific provisions are detailed 206 00:16:07,290 --> 00:16:14,230 in each of the sections on the subzones, so the V-zone, the coastal A-zone, the A-zone. 207 00:16:14,790 --> 00:16:16,170 So we'll get into that next. 208 00:16:17,190 --> 00:16:21,590 So just to fill in your eyes, everyone, with what these subzones are. 209 00:16:21,930 --> 00:16:27,830 This is a nice graphic produced somewhere at the state-level DP, maybe CZM. 210 00:16:29,150 --> 00:16:32,710 And here we have a cross-section of the shoreline. 211 00:16:34,370 --> 00:16:42,210 You'll see, you know, including into the ocean, there's the V-zone, where wave heights are 212 00:16:42,210 --> 00:16:43,790 greater than three feet. 213 00:16:45,030 --> 00:16:51,070 And that goes to a point where those wave heights decrease, and you then move into 214 00:16:51,070 --> 00:16:56,230 the A-zone, which is divided into these two subzones, the coastal A-zone, where 215 00:16:56,230 --> 00:17:01,490 where wave heights are less than three feet but more than a foot and a half, and then the 216 00:17:01,490 --> 00:17:07,290 A zone where the wave heights are less than a foot and a half, and that's really sort of 217 00:17:07,290 --> 00:17:12,490 still water flooding that's, you know, has moved landward into areas that don't typically 218 00:17:12,490 --> 00:17:13,070 see flooding. 219 00:17:13,870 --> 00:17:22,310 The X zone is not an area that we're considering, those are areas that flood in very extreme 220 00:17:22,310 --> 00:17:27,690 storm events, the 500-year storm event. 221 00:17:30,890 --> 00:17:32,810 So does that all make sense, that diagram? 222 00:17:33,630 --> 00:17:33,810 Okay. 223 00:17:36,250 --> 00:17:44,290 Oh, and I should just note they were shown there, but coastal A zone is also known as the 224 00:17:44,290 --> 00:17:52,510 moderate wave action area, the MOA, and the A zone is the minimal wave action area, the MIWA. 225 00:17:52,510 --> 00:17:55,130 And so those terms are also used. 226 00:17:55,850 --> 00:18:00,810 So here we are getting into sort of the meaty parts of the regulation. 227 00:18:01,410 --> 00:18:04,630 These are the performance standards that apply to the VZone. 228 00:18:05,490 --> 00:18:10,830 And what's drafted here is that there's no new construction or expansion of any buildings 229 00:18:10,830 --> 00:18:17,790 or other structures, including sheds, garages, pools, septic systems, or other structures 230 00:18:18,210 --> 00:18:19,490 in the VZone area. 231 00:18:19,490 --> 00:18:27,750 area. Similarly, that next area that's highlighted, no new construction, new construction or expansion 232 00:18:27,750 --> 00:18:34,350 of roads, parking lots, public shared use paths or other impervious surfaces in the 233 00:18:34,350 --> 00:18:39,110 VZone. And then there's an exception down here at the bottom, maintenance and repair 234 00:18:39,110 --> 00:18:44,230 of roads and parking lots, conversion of at-grade roads to elevated roadways and 235 00:18:44,230 --> 00:18:49,090 bridges could be allowed, shall be allowed. So we want to make sure that we're continuing 236 00:18:49,090 --> 00:18:53,910 continuing to maintain our existing infrastructure, elevate low-lying roads, but not encourage 237 00:18:53,910 --> 00:18:57,750 any new roadway or parking lot development in these areas. 238 00:18:59,970 --> 00:19:03,110 The section goes on without including all of the pages. 239 00:19:03,390 --> 00:19:05,470 I'm just a quick bulleted list here. 240 00:19:06,050 --> 00:19:08,130 Also no in the v-zone. 241 00:19:08,610 --> 00:19:17,490 New berms or seawalls, new septic, new impervious patio areas, no storage of hazardous materials. 242 00:19:17,490 --> 00:19:24,770 There are provisions within the v-zone to allow for changes to buildings where there's 243 00:19:24,770 --> 00:19:32,310 been substantial damage or substantial improvement is proposed, but those are limited. 244 00:19:33,130 --> 00:19:38,570 And then fill, there are some provisions for fill in limited circumstances in the v-zone. 245 00:19:38,570 --> 00:19:39,550 So 246 00:19:41,630 --> 00:19:46,990 then moving on to the A-zone, or the coastal A-zone, sorry, also known as the MOA, 247 00:19:49,730 --> 00:19:55,170 basically this set of standards becomes a little less restrictive as drafted. However, 248 00:19:55,250 --> 00:20:04,190 in the comment here the point is this is still a fairly high hazardous area and we would recommend 249 00:20:04,190 --> 00:20:11,090 that you could consider actually adopting the V-zone standards for the coastal A-zone. 250 00:20:11,770 --> 00:20:14,290 So that's a decision point as well. 251 00:20:15,150 --> 00:20:16,650 Or some subset. 252 00:20:17,190 --> 00:20:23,310 So, you know, what we're imagining, you're going to sort of workshop this at some future meeting 253 00:20:23,310 --> 00:20:26,950 and go through each of these different provisions and say, 254 00:20:26,990 --> 00:20:29,210 is this something that Chatham can live with or not. 255 00:20:29,210 --> 00:20:29,290 not. 256 00:20:33,480 --> 00:20:39,860 Another element that is sort of found throughout is provisions for historic structures. 257 00:20:40,080 --> 00:20:45,540 I mean, we really want historic structures to be flood-proofed. Historic structures are 258 00:20:45,540 --> 00:20:54,080 part of our community defining elements across Cape Cod. However, you know, absolute 259 00:20:54,080 --> 00:21:00,320 compliance with the provisions in these regulations or even the building code can 260 00:21:00,320 --> 00:21:06,960 can really dramatically impact how a historic structure relates to landscape and the neighborhood. 261 00:21:07,480 --> 00:21:10,720 So there are provisions for sort of thinking that through. 262 00:21:11,960 --> 00:21:17,620 Also if you have a zoning by-law, and I'm not going to get too much into zoning here, 263 00:21:17,960 --> 00:21:25,320 but we discussed at our workshop at the end of January that the town could think about 264 00:21:25,320 --> 00:21:31,000 adopting a zoning by-law with higher standards that would complement these 265 00:21:31,000 --> 00:21:33,800 regulations that the Conservation Commission is considering. 266 00:21:36,060 --> 00:21:37,120 The zoning 267 00:21:37,120 --> 00:21:43,700 by-law addresses different, it regulates different things than are 268 00:21:43,700 --> 00:21:48,120 regulated through the Wetlands Protection Act. The Interest in Wetlands 269 00:21:48,120 --> 00:21:51,920 Protection Act is protecting the function of wetlands. Zoning addresses 270 00:21:51,920 --> 00:21:55,880 is how buildings are sighted and their size and dimensions. 271 00:21:57,360 --> 00:22:06,660 So ideally, those two interests administered by the two different boards in the town are 272 00:22:06,660 --> 00:22:08,580 integrated and consistent. 273 00:22:09,740 --> 00:22:14,560 So that's just another area to think about and address. 274 00:22:15,680 --> 00:22:16,340 Some tweaking. 275 00:22:16,340 --> 00:22:22,920 You'll see the notes in the document that we shared with you about the points where 276 00:22:22,920 --> 00:22:24,780 you need to make some modifications. 277 00:22:25,820 --> 00:22:30,460 The notes show up over and over again just because the same concept is repeated. 278 00:22:34,600 --> 00:22:40,380 So then here we are in the MIWA zone or the A zone, that most landward area. 279 00:22:40,760 --> 00:22:48,280 Here really we're still regulating activity, but not as strictly as we are in those higher 280 00:22:48,280 --> 00:22:56,420 hazard areas. And some of the tests are highlighted here that the project will not redirect, channelize 281 00:22:56,420 --> 00:23:01,860 or exacerbate flood conditions, and that you're elevating consistent with the state-building 282 00:23:01,860 --> 00:23:07,680 code, which is the state-building code. It's going to be required anyway. 283 00:23:10,450 --> 00:23:13,850 And that brings us... There are a couple of other sections, but I thought I'd just 284 00:23:13,850 --> 00:23:20,370 Just leave it at that, sort of simplify it, pause there, see if there are any initial 285 00:23:20,370 --> 00:23:27,210 questions, and then I have one more slide, I think, that's sort of those key decision 286 00:23:27,210 --> 00:23:29,970 points that I want you to sort of think about moving forward. 287 00:23:31,190 --> 00:23:31,670 Okay. 288 00:23:31,930 --> 00:23:34,410 Does anybody have any questions at this point? 289 00:23:36,290 --> 00:23:36,770 No? 290 00:23:38,780 --> 00:23:41,000 Shannon has one thought she wants to share. 291 00:23:41,160 --> 00:23:41,520 Sure. 292 00:23:42,000 --> 00:23:46,320 So, Shannon Hulst, floodplain specialist, Barnsville County Cape Cod Cooperative Extension 293 00:23:46,320 --> 00:23:48,880 and Woods Hole Oceanographic Institution Sea Grant Program. 294 00:23:49,500 --> 00:23:54,420 I just also want to highlight that in your floodplain zoning bylaw, you already have prohibited 295 00:23:54,420 --> 00:23:57,740 new development in your V-zone and new dwellings in your A-zone. 296 00:23:58,160 --> 00:24:01,740 So another reason to keep this coordinated with your zoning bylaw is just to be aware 297 00:24:01,740 --> 00:24:03,680 of what each thing is doing. 298 00:24:03,980 --> 00:24:07,000 And then pieces of this will also be relevant to the building department as well. 299 00:24:07,080 --> 00:24:10,060 So just making sure it's all coordinated, but just wanted to highlight that. 300 00:24:10,600 --> 00:24:14,920 But this is a model that we're using for everyone, but Chatham has already prohibited that development 301 00:24:14,920 --> 00:24:15,260 already. 302 00:24:15,740 --> 00:24:16,480 Thank you. 303 00:24:22,820 --> 00:24:23,760 There are two comments. 304 00:24:24,120 --> 00:24:25,100 Anybody comments? 305 00:24:25,440 --> 00:24:25,580 Yeah. 306 00:24:25,820 --> 00:24:26,420 Go ahead, Janet. 307 00:24:26,540 --> 00:24:27,240 I have a couple of questions. 308 00:24:27,540 --> 00:24:27,720 Hi. 309 00:24:28,080 --> 00:24:28,640 Thank you for that. 310 00:24:28,740 --> 00:24:29,520 That's very helpful. 311 00:24:30,280 --> 00:24:32,280 We definitely want that visual slide. 312 00:24:32,400 --> 00:24:35,620 We've seen it before, and it really does capture it. 313 00:24:35,920 --> 00:24:37,560 It makes the case by itself. 314 00:24:37,700 --> 00:24:38,380 So it's very good. 315 00:24:38,380 --> 00:24:45,240 So, I want to talk about the creation of the coastal resilient zone within the context of 316 00:24:45,240 --> 00:24:45,740 regulations. 317 00:24:46,160 --> 00:24:53,800 And if it is the same as land subject to coastal storm flow, which is a practical matter, what 318 00:24:53,800 --> 00:24:57,540 happens to our regulations, our land subject regulations? 319 00:24:57,880 --> 00:25:01,960 Do we then have two sets of regulations that are regulating the same area? 320 00:25:02,560 --> 00:25:05,580 Do we repeal the land subject regulations? 321 00:25:05,800 --> 00:25:06,300 What happens? 322 00:25:06,300 --> 00:25:10,020 how do these two sets work together or not? 323 00:25:10,860 --> 00:25:13,880 So you presently have land-subject coastal storm 324 00:25:13,880 --> 00:25:15,040 flowage regulations. 325 00:25:16,020 --> 00:25:18,280 Yeah, I think you'd probably want to repeal them 326 00:25:18,280 --> 00:25:20,620 and make sure that if there's anything in them that 327 00:25:20,620 --> 00:25:25,420 isn't reflected in here that that is incorporated 328 00:25:26,010 --> 00:25:28,460 into that area, because the idea with the coastal 329 00:25:28,460 --> 00:25:30,640 resilience zone, since you brought it up, 330 00:25:33,920 --> 00:25:40,960 is that we know flooding is happening now and in fact the flooding that is 331 00:25:40,960 --> 00:25:47,600 happening now is greater than the FEMA floodplain and we anticipate that that is 332 00:25:47,600 --> 00:25:55,200 only going to increase based on what we know about trends in sea level rise and 333 00:25:56,020 --> 00:25:59,540 that that's not going to change for the foreseeable future. So the idea 334 00:25:59,540 --> 00:26:06,540 with these regulations is to be able to regulate into to address a future floodplain. The state 335 00:26:06,540 --> 00:26:13,700 has developed a model that projects that future floodplain and most folks feel comfortable that 336 00:26:13,700 --> 00:26:22,460 it's a fairly good projection. The model makes projections to 2050 and 2070 and you could decide 337 00:26:22,940 --> 00:26:27,480 at a future date which one of those projections you wanted to regulate to. 338 00:26:27,480 --> 00:26:34,900 But the idea is that by, through this bylaw, defining a coastal resilience zone that enables 339 00:26:34,900 --> 00:26:44,820 us to incorporate that future floodplain area that is not part of the FEMA floodplain. 340 00:26:46,120 --> 00:26:53,280 So we need a new term to define it, and that's what CRZ is, and that's why it is used throughout. 341 00:26:53,280 --> 00:26:59,780 But also, as you look at your existing LCSF standards, if there are pieces in there that 342 00:26:59,780 --> 00:27:02,040 you want to keep, you'll want to make sure to integrate them. 343 00:27:02,200 --> 00:27:02,360 Right. 344 00:27:02,440 --> 00:27:05,740 We can do a comparison and make sure that they're all integrated. 345 00:27:07,180 --> 00:27:12,280 But absent a bylaw change, and this may be a question for Town Council, do we have the 346 00:27:12,280 --> 00:27:15,680 authority to create a new resource area and regulate it? 347 00:27:18,430 --> 00:27:25,710 in this case you are just so that I would highly recommend that you run these by 348 00:27:25,710 --> 00:27:34,890 town council that's not figured yes but I think if we're defining in the 349 00:27:34,890 --> 00:27:41,530 regulations that CRZ is equivalent to LS CSF I think you're okay it would so 350 00:27:41,530 --> 00:27:51,350 So this is where the, I'm not a lawyer, but this is where our next step, which we've discussed 351 00:27:51,350 --> 00:27:59,050 with a couple members of this group, adopting the Coastal Resiliency By-Law does establish 352 00:27:59,470 --> 00:28:05,470 a new definition for CRZ and that new jurisdictional area. 353 00:28:05,470 --> 00:28:11,610 And bylaw, for everyone's benefit, a wetlands bylaw, needs to go to town meeting and have 354 00:28:11,610 --> 00:28:12,730 that town meeting approval. 355 00:28:13,410 --> 00:28:17,510 The community has agreed that this is an area we are going to regulate. 356 00:28:18,290 --> 00:28:27,330 Which for our members, the plan is to have that go before town in two town meetings 357 00:28:27,330 --> 00:28:27,830 from now. 358 00:28:28,070 --> 00:28:29,690 Not this May, but the following. 359 00:28:32,710 --> 00:28:33,210 Okay. 360 00:28:33,470 --> 00:28:35,570 So just taking this to the next logical step. 361 00:28:35,570 --> 00:28:40,730 let's say we integrate the existing regulations on the coastal flood plain, we're essentially 362 00:28:40,730 --> 00:28:48,310 changing the name, and then DEP issues its new performance standards for land subject. 363 00:28:49,830 --> 00:28:57,650 Are these, do you know, to the extent that anybody knows, are these aligned with what 364 00:28:57,650 --> 00:29:02,990 DEP is proposing for this area so that we wouldn't have to go through this again because 365 00:29:02,990 --> 00:29:06,450 now were required to adopt those performance standards. 366 00:29:08,430 --> 00:29:19,830 When we drafted these, the council that we worked with had direct conversations with 367 00:29:19,830 --> 00:29:22,050 DEP staff who were drafting these regulations. 368 00:29:22,330 --> 00:29:27,790 And so they are as aligned as they possibly can be, given that they were drafted before 369 00:29:27,790 --> 00:29:34,990 the public comment period, you know, DEP issued their draft regulations, there was a public 370 00:29:34,990 --> 00:29:41,710 comment period, and those DEP regulations have very likely changed as a result of the public 371 00:29:41,710 --> 00:29:42,110 comments. 372 00:29:42,750 --> 00:29:47,970 We know a couple of pieces that have changed that we were able to take out, but we've 373 00:29:47,970 --> 00:29:52,210 done the best we can for now, so in our thought, we've been told that those will 374 00:29:52,210 --> 00:29:57,230 be promulgated in 2026, however they've been working on them since 1993 and they 375 00:29:57,230 --> 00:29:59,930 still haven't come out, so our thought is... 376 00:30:00,000 --> 00:30:04,220 is keep this moving ahead and hopefully it doesn't mean you have to go through this process 377 00:30:04,220 --> 00:30:08,140 again a year from now, but it could mean, you know, you do it now, you have the regulations 378 00:30:08,140 --> 00:30:12,920 and then in ten years they actually come out. But it could potentially be a year, but we've 379 00:30:12,920 --> 00:30:19,480 incorporated as much as we can. Okay, so substantively it will work. There may be some fiddling 380 00:30:19,480 --> 00:30:25,120 around of what you call it so that DEP is satisfied and we've got the right regulations 381 00:30:25,120 --> 00:30:30,600 in the right place as a substantive matter. Okay. It's a little confusing, but, you know, 382 00:30:30,700 --> 00:30:31,640 such is life. Okay. 383 00:30:32,460 --> 00:30:38,140 Just one other comment on that, Janet. For what it's worth, one of these key staff, DEP 384 00:30:38,140 --> 00:30:43,640 staff people was at the MACC presentation I gave last year on this topic, and she was 385 00:30:43,640 --> 00:30:52,240 very positive on that. Good. Good to hear. Yeah, I didn't, yeah. Okay. One other question. 386 00:30:52,240 --> 00:31:00,000 So, I had, I know that in the draft proposed, the model bylaw, you included the special 387 00:31:00,000 --> 00:31:03,860 transition areas to protect salt marsh migration. 388 00:31:05,720 --> 00:31:11,640 Is that not part of this because it's tied to the models for sea level rise? 389 00:31:12,440 --> 00:31:13,040 Correct. 390 00:31:13,460 --> 00:31:13,740 Okay. 391 00:31:14,500 --> 00:31:15,700 And a new resource area. 392 00:31:16,080 --> 00:31:20,540 You have to get the authority, the okay from town meeting to regulate that area. 393 00:31:20,540 --> 00:31:27,060 I mean, it's not entirely tied that way, because I think in practice, the special transition 394 00:31:27,060 --> 00:31:31,740 areas could very well be within your existing floodplain right now. 395 00:31:32,100 --> 00:31:35,020 I was going to say, if you could keep them, if you could define it so that it only goes 396 00:31:35,020 --> 00:31:39,900 up to the edge of the current FEMA floodplain, you might be able to still do it. 397 00:31:40,140 --> 00:31:43,760 And it could even be within not just the floodplain, but, you know, some of those, 398 00:31:44,040 --> 00:31:46,880 those are for protecting other wetland resource areas. 399 00:31:46,880 --> 00:31:52,620 So it could also be up to the buffer of the to the wetlands for example, right? 400 00:31:53,080 --> 00:32:01,140 Oh, I know that reminds me so the coastal resilience zone as it's defined does not have a buffer zone of its own 401 00:32:01,140 --> 00:32:07,480 Is that correct? Okay. That's good because our land subject does not either. It was removed. Okay 402 00:32:08,460 --> 00:32:12,200 some communities have I think mashpee has 403 00:32:12,200 --> 00:32:16,060 approached this particular challenge of an 404 00:32:16,060 --> 00:32:20,380 an expanding floodplain by having a buffer to the land subject to. 405 00:32:20,760 --> 00:32:21,840 Well, we used to have one. 406 00:32:22,140 --> 00:32:22,320 Yeah. 407 00:32:22,660 --> 00:32:22,720 Yeah. 408 00:32:24,620 --> 00:32:30,200 The model, using the model, though, the Massachusetts Coast Flood Risk Model in the next step, it 409 00:32:30,200 --> 00:32:33,280 is a much more scientifically accurate way than... 410 00:32:33,280 --> 00:32:33,540 Right. 411 00:32:33,700 --> 00:32:37,420 Than just saying we're taking 100 feet from the FEMA and regulating that because 412 00:32:37,420 --> 00:32:38,060 that didn't work. 413 00:32:38,440 --> 00:32:38,700 Okay. 414 00:32:38,840 --> 00:32:40,140 I'll let other people ask questions. 415 00:32:40,700 --> 00:32:41,120 Thank you. 416 00:32:41,480 --> 00:32:42,220 Anybody else? 417 00:32:42,220 --> 00:32:48,440 The only question I had was, as far as homeowners insurance, that goes by FEMA, right? 418 00:32:49,360 --> 00:32:53,400 That's not going to affect, because these homes, they pay a lot of taxes in this town. 419 00:32:53,920 --> 00:32:56,640 So homeowners and flood insurance are different. 420 00:32:56,960 --> 00:32:59,260 So you're referring to flood insurance is what FEMA manages. 421 00:32:59,940 --> 00:33:02,060 If anything, this would improve flood insurance rates. 422 00:33:02,140 --> 00:33:02,880 It would bring them down. 423 00:33:03,140 --> 00:33:06,320 Part of this is tied into what's called the community rating system. 424 00:33:06,660 --> 00:33:07,600 Chatham participates. 425 00:33:07,600 --> 00:33:12,420 you all get a 15% discount on your flood insurance by the fact that the town participates. 426 00:33:12,900 --> 00:33:17,640 These regulations being more stringent in the floodplain will translate into points in that 427 00:33:17,640 --> 00:33:22,700 program and we don't know exactly what it will result in but it can result in additional 428 00:33:22,700 --> 00:33:26,900 savings on flood insurance so it will actually have positive effects on that insurance. 429 00:33:27,480 --> 00:33:31,120 In terms of homeowners insurance, because that's all through the private market we 430 00:33:31,120 --> 00:33:36,600 don't have a ton of information on it but anecdotally I'm hearing from all corners 431 00:33:36,600 --> 00:33:44,040 owners of the cape that homeowners companies are looking to have flood safety basically 432 00:33:44,040 --> 00:33:47,500 built into homes if they are going to renew or keep them. 433 00:33:48,000 --> 00:33:52,900 So even though they do not actually cover flood damage, because our risks are so high with 434 00:33:52,900 --> 00:33:55,400 flooding, they want to see flood protection. 435 00:33:55,760 --> 00:34:00,720 So this will likely help with that too, although it's at, that's at the property level 436 00:34:00,720 --> 00:34:05,100 whereas, you know, this is the community level, we could go into a whole other 437 00:34:05,100 --> 00:34:08,900 thing about potential for community insurance, which some folks are looking at that, but 438 00:34:08,900 --> 00:34:11,880 it's likely to have positive impacts on insurance. 439 00:34:12,240 --> 00:34:12,660 Okay, thanks. 440 00:34:13,500 --> 00:34:14,640 Anything else, anybody? 441 00:34:16,160 --> 00:34:22,300 Can I just add one thing on the assessed value that Heather mentioned, using the assessed 442 00:34:22,300 --> 00:34:26,840 value versus market value to determine substantial damage, substantial improvement. 443 00:34:27,120 --> 00:34:29,060 Those are terms that are in the building code. 444 00:34:29,140 --> 00:34:31,000 They come from the National Flood Insurance Program. 445 00:34:31,000 --> 00:34:34,880 That is something you would definitely want to work with the building department on. 446 00:34:35,220 --> 00:34:40,340 But using the assessed value versus the market value means that everybody has the same fair 447 00:34:40,340 --> 00:34:40,840 approach. 448 00:34:41,200 --> 00:34:44,920 Using the market value, folks are also allowed to get their own appraisal. 449 00:34:45,340 --> 00:34:48,560 So folks with the means to get their own appraisal will get their own appraisal. 450 00:34:48,740 --> 00:34:53,280 And basically, the more the home is worth, then there are ways to get around the 451 00:34:53,280 --> 00:34:54,940 floodplain regulations with that. 452 00:34:55,300 --> 00:34:57,140 The assessed value keeps it level. 453 00:34:57,860 --> 00:34:59,020 So just wanted to point that out. 454 00:34:59,020 --> 00:35:00,160 Thank you. 455 00:35:00,980 --> 00:35:01,280 Anybody? 456 00:35:02,440 --> 00:35:04,680 Just a small question that I went through. 457 00:35:05,480 --> 00:35:12,380 So in the definitions within zone A, actually in the velocity zone as well, they're defined 458 00:35:12,380 --> 00:35:20,260 with reference to the FEMA and a 26 percent chance of flooding over the life of a 30-year 459 00:35:20,260 --> 00:35:20,780 mortgage. 460 00:35:21,380 --> 00:35:24,420 Can you explain where that came from and what it means to us? 461 00:35:24,700 --> 00:35:24,740 Sure. 462 00:35:24,740 --> 00:35:29,280 So, the way that FEMA defines the floodplain is they are looking at, they're running all 463 00:35:29,280 --> 00:35:33,980 kinds of different storm scenarios and flood scenarios and they have pulled out the level 464 00:35:33,980 --> 00:35:37,720 of flooding that has a 1% chance of occurring in any given year. 465 00:35:38,120 --> 00:35:40,720 That is kind of hard to wrap your mind around, what does that mean? 466 00:35:41,720 --> 00:35:45,720 And it sounds like a pretty low number, why are we regulating something that only has 467 00:35:45,720 --> 00:35:47,020 a 1% chance of happening? 468 00:35:47,480 --> 00:35:52,960 When you work into the statistics and the probabilities, that comes out to, it's 469 00:35:52,960 --> 00:35:58,200 the same thing as over the course of a 30-year mortgage, that same flood level has a 26 percent 470 00:35:58,200 --> 00:36:00,560 chance of occurring over the course of a 30-year mortgage. 471 00:36:00,700 --> 00:36:04,900 So that just helps you, it's the same level of flooding, just helps you understand the 472 00:36:04,900 --> 00:36:06,120 probability over time. 473 00:36:06,640 --> 00:36:08,460 Okay, interesting, okay. 474 00:36:10,120 --> 00:36:10,760 Thank you. 475 00:36:11,260 --> 00:36:11,380 Sure. 476 00:36:12,280 --> 00:36:12,540 Anybody? 477 00:36:14,000 --> 00:36:14,480 Okay. 478 00:36:14,780 --> 00:36:15,680 I think we can go on. 479 00:36:16,580 --> 00:36:24,020 All right. Well, just some things, takeaways. And I can share these slides with you afterwards 480 00:36:24,020 --> 00:36:30,080 so that you can have the slide deck to the extent it's helpful. But this slide I think 481 00:36:30,080 --> 00:36:38,200 is sort of the area to focus on. I think overall, the way we built this regulation 482 00:36:38,200 --> 00:36:44,600 is that you can sort of pick and choose the things that make sense to the town of Chatham. 483 00:36:47,500 --> 00:36:53,180 And starting with those set of standards pertaining to the V zone, 484 00:36:53,860 --> 00:36:56,880 that's sort of the most comprehensive list of restrictions. 485 00:36:57,960 --> 00:37:03,380 And then as you get into the more landward and less hazardous zones, 486 00:37:03,620 --> 00:37:07,060 the coastal A and the A zone, you can be less restrictive. 487 00:37:07,060 --> 00:37:10,640 But all of that is up for, you know, your discussion. 488 00:37:13,900 --> 00:37:21,080 Then how to define substantial, sorry, bit my tongue, substantial improvement. 489 00:37:21,440 --> 00:37:24,340 How to define substantial improvement or substantial damage. 490 00:37:24,780 --> 00:37:29,820 We just talked about that, assessed value versus market value, the inclusion of historic 491 00:37:29,820 --> 00:37:31,480 structures, how you want to handle that. 492 00:37:31,480 --> 00:37:40,220 And then, you know, we can talk more about the elevation of structures to what height 493 00:37:40,220 --> 00:37:44,580 do you want to require structures to be elevated. 494 00:37:46,420 --> 00:37:54,580 The building code has been recently updated and has, you know, new good requirements for 495 00:37:54,580 --> 00:38:00,040 elevating structures, which I think as they're implemented are really going to change 496 00:38:00,040 --> 00:38:05,700 the character of the look of our communities, but with the benefit of making them less vulnerable. 497 00:38:07,360 --> 00:38:14,000 This set of regulations contemplates those future flood plains. So if we're approving projects that 498 00:38:14,000 --> 00:38:22,600 are going to last, hopefully, for a long time, we want them to continue to be resilient into 499 00:38:22,600 --> 00:38:27,720 the future when we know that flood heights are going to be even higher than they are today, 500 00:38:27,720 --> 00:38:36,380 or could be today. So that's a decision point for you all. Do you want to be regulating 501 00:38:36,800 --> 00:38:42,700 under this, these regulations you're considering now to building code standards or do you want 502 00:38:42,700 --> 00:38:52,140 to look at higher standards that are based on the MCF or M? 503 00:38:54,820 --> 00:38:55,720 And I think that's all 504 00:38:55,720 --> 00:38:59,700 have. Yeah. Great. Thank you. 505 00:39:02,320 --> 00:39:07,520 Are there any other presentations or, okay, good. 506 00:39:09,960 --> 00:39:10,640 Obviously, 507 00:39:11,660 --> 00:39:19,480 we have work to do and this is why this was just the introduction. We need to evaluate 508 00:39:19,480 --> 00:39:25,140 everything. And part of the reason, well, Jantz started this before Select Board 509 00:39:25,140 --> 00:39:32,960 embraced wanting to protect our coast. And that is one of their goals for the 510 00:39:32,960 --> 00:39:39,880 year. So obviously that's where we come in. As you've heard, the first step is 511 00:39:39,880 --> 00:39:46,380 modifying the regulations. Then we'll do hopefully a bylaw change. 512 00:39:46,380 --> 00:39:54,840 change. And then the third step is the planning board will come in and modify their regulations. 513 00:39:55,380 --> 00:40:05,000 So we will be working with planning board on this. And our hope is that both groups will 514 00:40:05,000 --> 00:40:14,180 come forward with things that match, regulations that match, and so that there's no questions 515 00:40:14,180 --> 00:40:21,700 as to why it's okay for one person, one area, but not for the other. Anybody have anything 516 00:40:21,700 --> 00:40:24,000 else they want to add? Janik, go ahead. 517 00:40:24,180 --> 00:40:30,180 One last comment looking at it, Carol, reminds me that the Pleasant Bay Alliance, which 518 00:40:30,180 --> 00:40:36,520 is composed of the towns of Orleans, Brewster, Harwich, and Chatham, are behind this project 519 00:40:36,520 --> 00:40:43,280 and the steering committee of the alliance has been talking and is going to about not 520 00:40:43,280 --> 00:40:48,140 just having Chatham doing this ourselves, but having going forward with at least some 521 00:40:48,140 --> 00:40:51,300 of the other towns. And they are looking at it in Orleans and 522 00:40:51,300 --> 00:40:55,760 Harwich are actively considering this, which would be really helpful. We would have the 523 00:40:55,760 --> 00:41:00,120 support of other towns in the same position because we're all here at Pleasant Bay. 524 00:41:01,120 --> 00:41:06,480 So we will keep an eye on how that goes because that would be a really important 525 00:41:06,480 --> 00:41:07,460 development for us. 526 00:41:07,460 --> 00:41:11,680 Yes, we're lucky because of this SNEP grant that we got. 527 00:41:13,320 --> 00:41:20,260 We were able to pull in these other towns, and I think it gives it a lot more power if 528 00:41:20,260 --> 00:41:23,880 we can get more towns doing the same thing. 529 00:41:24,240 --> 00:41:29,600 And we're just the first step because we had started the process and we applied for 530 00:41:29,600 --> 00:41:29,960 the grant. 531 00:41:30,180 --> 00:41:34,780 So that's how we became the sort of people heading it up. 532 00:41:34,780 --> 00:41:41,680 And just to find out on that the word has it that the town of Dennis Conservation Commission is going to be doing the same thing 533 00:41:41,680 --> 00:41:44,480 So we are not alone even better 534 00:41:46,100 --> 00:41:47,780 Okay, Brian Brian 535 00:41:55,010 --> 00:42:01,170 Phillips 374 Orleans Road. I'd like to thank you guys for all the great work you do. This stuff's really important and I 536 00:42:02,230 --> 00:42:03,730 Hope you hear hear that a lot 537 00:42:03,730 --> 00:42:10,130 I just have a question that is it's too stupid for me to ask on public record about sea level rise 538 00:42:10,130 --> 00:42:13,670 So maybe if somebody could help me out with that after the meeting, that'd be great. 539 00:42:13,810 --> 00:42:14,690 Thank you. 540 00:42:17,530 --> 00:42:19,110 Okay, well that was different. 541 00:42:22,930 --> 00:42:25,830 All right, then anybody? 542 00:42:28,000 --> 00:42:29,700 Then I guess we're all set. 543 00:42:30,840 --> 00:42:35,380 I very much want to thank you for coming and getting us started and giving us this overview 544 00:42:35,380 --> 00:42:40,120 since not everybody was able to be included in your January presentation. 545 00:42:40,120 --> 00:42:47,480 And we will put our heads together and I'm sure you will hear from us hopefully soon. 546 00:42:47,960 --> 00:42:51,960 Great. Very happy to be here and you let us know when you need us next. 547 00:42:52,220 --> 00:42:53,260 Thank you so much. 548 00:42:55,470 --> 00:42:55,990 Okay. 549 00:42:58,050 --> 00:42:58,570 Paul. 550 00:43:00,270 --> 00:43:02,170 Okay. Thank you, Madam Chair. 551 00:43:03,030 --> 00:43:07,970 I'll read the continuance for 202 Lime Hill so you can vote on it. 552 00:43:09,070 --> 00:43:17,490 202 Lime Hill Road, Lime Hill 22 Trust, map 12E, parcel 4-B6, DEP number SE 103746. 553 00:43:18,210 --> 00:43:23,030 The project is proposed, elevated catwalk, maintenance of an existing path and mitigation. 554 00:43:23,830 --> 00:43:27,770 It was continued from October 8th to 25th, and then again in December 3rd, 555 00:43:27,790 --> 00:43:33,370 2025, the applicants requested a continuance to March 11th. 556 00:43:33,510 --> 00:43:36,970 There's a ZBA hearing, April 9th. 557 00:43:39,850 --> 00:43:45,130 I move that we continue 202 Lime Hill Road to the meeting on March 11th, 2026. 558 00:43:45,950 --> 00:43:46,390 Second? 559 00:43:47,130 --> 00:43:47,570 Second. 560 00:43:48,350 --> 00:43:48,630 Elise? 561 00:43:49,110 --> 00:43:49,170 Aye. 562 00:43:49,650 --> 00:43:49,930 Janet? 563 00:43:50,170 --> 00:43:50,330 Aye. 564 00:43:50,630 --> 00:43:50,710 Paul? 565 00:43:50,890 --> 00:43:51,050 Aye. 566 00:43:51,310 --> 00:43:51,530 Eric? 567 00:43:51,610 --> 00:43:51,810 Aye. 568 00:43:52,030 --> 00:43:52,830 And I say aye. 569 00:43:53,810 --> 00:43:54,150 Okay. 570 00:43:54,250 --> 00:43:55,270 The next one, Paul, please. 571 00:43:55,310 --> 00:43:59,630 Next on the agenda, Madam Chair, is a 67 Wilkie Way. 572 00:43:59,630 --> 00:44:07,030 A, Wilkie Way's 67 nominee trusted the owner, map 17D, parcel F13, DEP number SC103762. 573 00:44:08,030 --> 00:44:12,490 A project is construction of a swimming pool, patio and porch step extension within a buffer 574 00:44:12,490 --> 00:44:13,570 zone to a coastal bank. 575 00:44:13,930 --> 00:44:16,610 It was continued from January 28, 2026. 576 00:44:17,070 --> 00:44:19,230 There's no ZBA required in this one. 577 00:44:20,090 --> 00:44:20,650 Okay. 578 00:44:20,810 --> 00:44:21,230 Thank you. 579 00:44:23,850 --> 00:44:24,810 Not sure. 580 00:44:24,810 --> 00:44:33,750 For anybody, I did receive the modifications that were asked for, which was all of for 581 00:44:33,750 --> 00:44:40,170 the findings removing number three, which is for the variants, because no work is being 582 00:44:40,170 --> 00:44:44,130 done in the NDZ, it's only planting. 583 00:44:44,710 --> 00:44:48,570 So it doesn't require variants. 584 00:44:49,270 --> 00:44:57,430 So other than that, which I'll now accept that change, there was nothing else that was requested to be modified. 585 00:44:58,190 --> 00:44:59,970 And I am not... 586 00:45:00,000 --> 00:45:06,620 Seeing, anybody's on, so I think we can, does anybody have any other modifications first? 587 00:45:08,640 --> 00:45:12,440 Okay, then I think we can go to a motion please. 588 00:45:12,780 --> 00:45:17,440 I move that we close the hearing on 67 Wilkie Way and approve the order of conditions as 589 00:45:17,440 --> 00:45:17,840 modified. 590 00:45:18,460 --> 00:45:18,680 Second. 591 00:45:19,500 --> 00:45:19,840 Elise. 592 00:45:20,740 --> 00:45:20,960 Janet. 593 00:45:21,280 --> 00:45:21,400 Aye. 594 00:45:21,600 --> 00:45:21,800 Paul. 595 00:45:22,000 --> 00:45:22,140 Aye. 596 00:45:22,380 --> 00:45:22,620 Eric. 597 00:45:22,780 --> 00:45:22,960 Aye. 598 00:45:23,220 --> 00:45:24,100 And I say aye. 599 00:45:24,920 --> 00:45:25,740 So it's approved. 600 00:45:25,740 --> 00:45:26,900 Next one. 601 00:45:27,120 --> 00:45:33,620 Next on the agenda is a Proposed Order of Conditions 98, Oystipan, Furlong, Steven A., 602 00:45:33,620 --> 00:45:40,660 and Haley G. Nadas, MAP 13E, parcel 29-11A, DP number SC 103682. 603 00:45:41,460 --> 00:45:44,280 The project is construction of a beach access catwalk. 604 00:45:44,460 --> 00:45:49,020 It was continued from May 8th, 2024, and then again in January 28th, 2026. 605 00:45:49,640 --> 00:45:52,340 The ZBA approved the project on 11-8-26. 606 00:45:53,460 --> 00:45:54,220 Oh, excuse me. 607 00:45:54,220 --> 00:46:04,020 that's not correct. The only modification that I received was changing the special condition. 608 00:46:04,600 --> 00:46:11,580 Number three from the catwalk will be elevated eight feet above the surface of the salt marsh 609 00:46:11,580 --> 00:46:24,260 to four feet above and did Bob Perry ask that yes okay so I didn't I just made it a 610 00:46:24,260 --> 00:46:27,740 modification I haven't accepted it because I wanted to make sure that 611 00:46:27,740 --> 00:46:33,560 everybody would agree that that was okay I just want to check the the late at 612 00:46:33,560 --> 00:46:39,460 the last plan, because I thought he had said eight feet. 613 00:46:40,320 --> 00:46:41,580 Is he on any chance? 614 00:46:43,740 --> 00:46:47,460 I thought that's what he had said, but he's saying four feet now. 615 00:46:50,160 --> 00:46:52,080 And of course, he's not on. 616 00:46:52,280 --> 00:46:56,080 He's not on, so 128, that was when the hearing was. 617 00:46:56,260 --> 00:46:57,380 Hang on, give me one second. 618 00:47:16,840 --> 00:47:17,280 Oh, 619 00:47:24,120 --> 00:47:24,540 I see. 620 00:47:27,140 --> 00:47:28,200 OK, he's right. 621 00:47:28,200 --> 00:47:32,780 the eight foot reference I'm looking at on the plan was to the length of that 622 00:47:32,780 --> 00:47:40,380 piece of the catwalk and if you the elevation is four feet okay okay so I 623 00:47:40,380 --> 00:47:48,620 just need to accept it yeah anybody have any other changes or my additions to 624 00:47:48,620 --> 00:47:56,380 this all right then we can we can go for a motion I move that we close the 625 00:47:56,380 --> 00:48:00,120 hearing on 98 Oyster Pond furlong and approve the order of conditions as 626 00:48:00,120 --> 00:48:10,800 modified. Second. Elise? I. Janet? I. Paul? I. Eric? I. And I say I. So, okay, next, please, Paul. 627 00:48:11,740 --> 00:48:16,660 Thank you, Madam Chair. Next on the agenda is a field change request. The address is 628 00:48:16,660 --> 00:48:20,580 91 Gillis Road, Billion Catherine Cajil, 629 00:48:21,140 --> 00:48:26,220 Map 4B, Parcel 3-C, G4, DEP number SC103738. 630 00:48:27,480 --> 00:48:29,600 The project is to remove and relocate a dwelling 631 00:48:29,600 --> 00:48:31,840 off property, rebuild a new dwelling, 632 00:48:32,400 --> 00:48:35,780 Title V, an IA system, and associated site improvements. 633 00:48:36,580 --> 00:48:38,240 The field change request is to change 634 00:48:38,900 --> 00:48:41,840 a concrete retaining wall to a bolder retaining wall 635 00:48:41,840 --> 00:48:43,620 and add two additional retaining walls. 636 00:48:44,120 --> 00:48:44,860 No ZBA required. 637 00:48:47,420 --> 00:48:50,960 Bradford reviewed this, so if you need to ask questions. 638 00:48:51,400 --> 00:48:56,380 Right. Are there any representatives that are online because I'm not, obviously, nobody's here. 639 00:48:57,360 --> 00:48:58,540 Ah, there you go. Hi. 640 00:48:59,380 --> 00:49:06,840 Hi, Jason Hyer with Bracken Engineering on behalf of the applicants, Bill and Kate Shell at 91 Gillis Road. 641 00:49:08,060 --> 00:49:16,480 Yes, so as Paul said, the applicants are requesting a field change to add two boulder retaining 642 00:49:16,480 --> 00:49:23,240 walls to the southern side of the dwelling, one being under the proposed screen porch 643 00:49:23,240 --> 00:49:34,060 and the other just off the southwestern corner and then revising that previously approved 644 00:49:34,060 --> 00:49:41,060 concrete retaining wall to a boulder retaining wall construction okay anybody 645 00:49:41,060 --> 00:49:47,720 have any questions comments I will say that the mitigation they had offered 646 00:49:47,720 --> 00:49:55,470 initially more than covers these modifications Bradford do you have 647 00:49:55,470 --> 00:49:58,810 anything to add to anything I 648 00:50:01,110 --> 00:50:05,810 do not know okay perfect excellent anybody else 649 00:50:05,810 --> 00:50:10,950 any questions comments pretty straightforward all right then we could 650 00:50:10,950 --> 00:50:15,450 go to a motion please I move that we approve the field change request for 651 00:50:15,450 --> 00:50:24,950 91 Gillis Road as written second at least I Janet I Paul I Eric I and I say I 652 00:50:24,950 --> 00:50:30,010 all right next please now we move on madam chair to submit a request for 653 00:50:30,010 --> 00:50:37,610 certificate of compliance, 118 Cotch-Pinicket Road, Jonah, excuse me, Joanna S. Mockler, 654 00:50:37,890 --> 00:50:44,850 map 16K, parcel 2, DEP number SE 10, 206, so this addition to an existing dwelling in 655 00:50:44,850 --> 00:50:52,770 Brick Terrace, this was 47 years old, 48 years old, so we did go out and look at the 656 00:50:52,770 --> 00:50:57,790 site, it is, you know, I'd recommend approving it, it's in compliance with some buildings 657 00:50:57,790 --> 00:51:03,590 that are just outside the Jurisdiction and Conservation Commission that were on the property, 658 00:51:03,750 --> 00:51:07,670 but we didn't have any jurisdiction over those, so I'd recommend approval for this. 659 00:51:08,350 --> 00:51:08,870 Okay. 660 00:51:09,310 --> 00:51:11,310 Does anybody have any questions about it? 661 00:51:11,550 --> 00:51:12,710 Did you dodge all the goose? 662 00:51:13,750 --> 00:51:14,270 Oops. 663 00:51:14,610 --> 00:51:14,750 No. 664 00:51:15,130 --> 00:51:15,170 No. 665 00:51:15,890 --> 00:51:16,770 It's too cold. 666 00:51:17,250 --> 00:51:19,270 And a little snow. 667 00:51:22,170 --> 00:51:23,210 Anybody have anything? 668 00:51:23,850 --> 00:51:24,330 All right. 669 00:51:24,570 --> 00:51:26,550 Then we can go to a motion, please. 670 00:51:26,550 --> 00:51:32,290 I move that we approve the Certificate of Compliance for a 118 Cachapinacut Road as 671 00:51:32,290 --> 00:51:32,530 written. 672 00:51:33,050 --> 00:51:33,290 Second. 673 00:51:35,830 --> 00:51:36,330 Elise. 674 00:51:36,670 --> 00:51:36,910 Hi. 675 00:51:37,290 --> 00:51:37,330 Janet. 676 00:51:37,610 --> 00:51:37,770 Hi. 677 00:51:38,430 --> 00:51:38,550 Hi. 678 00:51:38,850 --> 00:51:39,110 Eric. 679 00:51:39,330 --> 00:51:39,530 Hi. 680 00:51:39,750 --> 00:51:40,550 And I say hi. 681 00:51:40,770 --> 00:51:42,050 This is going way too fast. 682 00:51:43,630 --> 00:51:44,430 Okay, Paul. 683 00:51:44,610 --> 00:51:44,650 Next. 684 00:51:45,210 --> 00:51:48,590 Last on the agenda is another request for a Certificate of Compliance. 685 00:51:49,270 --> 00:51:51,050 This one's been withdrawn without prejudice. 686 00:51:51,050 --> 00:52:00,010 21 Youngs Farm Road, Consuelo, and Ferguson, I apologize for my mispronunciations, MAP9D, 687 00:52:00,090 --> 00:52:06,510 parcel G2, DP number SC102836, project additions to a single family dwelling and construction 688 00:52:06,510 --> 00:52:12,390 of a deck. The applicant did request a certificate of compliance, but after we reviewed it, 689 00:52:12,590 --> 00:52:17,030 withdrew it and without prejudice and probably will come back at some future point. There 690 00:52:17,030 --> 00:52:17,890 were some issues with it. 691 00:52:17,890 --> 00:52:21,150 Okay, thank you. So we can go to a motion, please. 692 00:52:21,350 --> 00:52:28,430 I move that we approve the withdrawal of the certificate of compliance for 21 Young's Farm 693 00:52:28,430 --> 00:52:28,690 Road. 694 00:52:29,190 --> 00:52:29,470 Second. 695 00:52:30,130 --> 00:52:30,370 Elise. 696 00:52:30,790 --> 00:52:30,950 Aye. 697 00:52:31,430 --> 00:52:31,610 Janet. 698 00:52:31,910 --> 00:52:32,090 Aye. 699 00:52:32,290 --> 00:52:32,450 Paul. 700 00:52:32,690 --> 00:52:32,790 Aye. 701 00:52:33,050 --> 00:52:33,270 Eric. 702 00:52:33,470 --> 00:52:33,650 Aye. 703 00:52:33,850 --> 00:52:34,650 And I say aye. 704 00:52:35,850 --> 00:52:39,810 Okay. We just need one more motion. 705 00:52:40,330 --> 00:52:41,990 I move that we adjourn the hearing. 706 00:52:42,430 --> 00:52:42,830 Second. 707 00:52:43,670 --> 00:52:44,010 Elise. 708 00:52:44,470 --> 00:52:44,650 Aye. 709 00:52:44,970 --> 00:52:45,150 Janet. 710 00:52:45,490 --> 00:52:45,610 Aye. 711 00:52:45,610 --> 00:52:46,350 Paul. 712 00:52:46,590 --> 00:52:46,730 Hi. 713 00:52:46,950 --> 00:52:47,230 Eric. 714 00:52:47,430 --> 00:52:47,590 Hi. 715 00:52:47,810 --> 00:52:48,830 And I say hi. 716 00:52:49,550 --> 00:52:50,590 Thank you everyone.