12/3/1987 CONSERVATION COMMISSION Minutes

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5 Conservation Commission December 3 , 1987 Page 9. DANIEL HO T TT R: Request for [codification of Notice of Intent . It was agreed he should come before the Commission before he tabes down the 9 foot retaining wall . Also , Ms Behrman advised at the Planning Board she spoke as a conservation member that she felt this structure should also have Planning Board approval and as the road will have truck traffic , Charles Rowley should review the plan. PETERS HARTEL: Carl Grassetti has requested_ a modification of the time limit on the reegetation plan. He does have a botanist on the plan. VOTE: Motion made and seconded to extend the time limit to 12/14/87, Lisa spoke on her meeting with the. Appeals Board. A house was being built in an ACEC area which was delineated on the 4 foot contour line rather than the 11 ft. It was advertised that the house was within 25 ft. o.f 'the ACEC and she pointed out this was incorrect. They did not agree and went on. She presented to them engineering plans showing discrepancies of 35 feet of where the ll foot contour line was and that furt-her zurv.eying should be done. They did not listen to this either. One -comment was "the water line is up on this sine and the road lice As -up n this side, what ' s in between does not matter . " She suggested _it was not being stated this was not an unbildable lot but that -a -dltfe-rent house, not extending into the wetland could be built. This suggestion was not considered either. The application was taken under -ad ksement as they did not have the actual size o.f the house and it may be larger than . Since thea she has gone through deeds of that area to see if some deeds stated the house had to be a certain size : they don ' t. She spoke to Joe Reardon .who agreed the advertising. should- have been done spec- ifically pee- rfically stating it was being built within the ACED area and also agreed a dif-fe-rent house could be built and it is not considered a taking. Mr . Rosenberg stated it' s not under any circumstances . You cannot buy a piece of marsh and say its a taking if you can' t build a house on it. Lisa stated -the Board of Appeals does not realize that, so lr. Reardon will attend -the December 9th meeting to talk with the Board about takings; ghat they can and cannot approve . She has drawn tra sparancies to brins to the board to illustrate there are a lot of other houses that can be built on the lot and further back . She is also meeting with the Chairman of that Board to educate hire . During discussions , . Rosenberg stated, t some point , when a 1 n is received with someone' s stamp on it that -has information such a the ACED misstated or the contours or distances obviously misstated , e is S'oinZ to make a motion to refer it to Town Counsel or to the nineer ' s Board. Scott MeAskill asked what lot was being referred to and was told the lot was owned by JoMar, Warwick did the abuttinA lots.