3/15/2001 CONSERVATION COMMISSION Minutes

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i planted areas vs. the previous lawn area; which Jeff Thibide u, Horsley Whitten agreed to provide. Mr. Thibideau made references to the wildlife habitat restoration native planting plan, noting the existing shrub line, footprint of the house, deck, brick patio; as well as the proposed new addition, house, pool, and deck, He also indicated the top of the bank. Nor. Sherman inquired as to the sand areas and thereupon Mated his opposition to the plan as presented. He stated he had encouraged the pal to be placed further back at the on-site visit In order to discourage disturbance of the wildlife habitat. The point of a buffer strip is to minimize human disturbance factors. As pools tend to be noisy areas, bringing the project twenty two feet closer to the buffer is not encouraged. Neither he nor the Assistant Agent who has extensive wildlife habitat evaluation expertise, feels the proposed sand dune area would be an appropriate mitigatory system. It is unnatural, it does not naturally exist there, and there is no evidence it would enhance the wildlife habitat characteristics. Mr. Sherman then made reference to the waiver requirements section of the local bylaw, reading that section that would apply to- this proposal . 3 . Section 2 "The Commission may grant a waiver for the Regulations of Chapter 172 2 only by a finding by the Commission that a project will improve the natural capacity of a resource area protective wetland values identified in Section I of the Bylaw (which includes wildlife habitat) . Further, any waiver subject to this subsection will only be granted when 1. Best ava i.l abl.e technologies and methodologies are utilized to improve the natural capacity of any resource area to protect the relevant wetland value inherent to the site. In any adverse effect on wetland values to minimize the greatest extent feasible, like carefully considered conditions. " Nor. Sherman stated his uncertainty that the burden of proof has been met in accordance with this Section. Diane Doretos concurred with statements made by the Conservation Agent, stating dune habitat is inappropriate at that elevation, it would not be utilized by natural species that would inhabit a. dune. Mr. Reneri made references to jurisdiction, asking the commission to understand they are proposing to use plants suggested on the plant list provided by the conunission throughout the entire site. The following concerns were made: The Chairman clarified the proposal is to relocate the pool to the ocean side of the house; Diane Doretos stated Conservationjurisdiction is one -6-