4/29/2004 CONSERVATION COMMISSION Minutes

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Michael Talbot. " lashpee's Regulation 29D incorporated a protocol called "Guidelines for Activities"thin naturally Vegetated Buffer Strips' to provide that wildlife habitation value was not a function of observing wildlife activities, but it was a function of 1 plant community structure and 2 plant species composition. The plant community structure n am quoting now was the various bird layers such as herbaceous, shrub, sapling and tree layers and the density of vegetation the area may have. Each of these types of plants represents a vertical layer and these layers differ from one another in temperature and amount of sunlight, species of insects and food sources. Each of hese layers provide nesting, food and corer habitat for specific animals. For example, Ruby-crowned kinglets, Blue-winged Warblers, Carolina Wrens, and Yellow Warblers are species that u ii a the mid and tower limbs on trees for foraging purposes. The plant'species composition is the amount of different kinds of plants that occupy n area. So in looking t this site and in comparison to other portions of typical Cape Cod upland forests, would you not say there is a reasonable degree of plant species diversity as well as vertical layering of the forests which would typically be found in any pine barrens or other Cape cod forests." Mr. Gray. "Thee diversity of species is there. The vertical layer, however, is rather weak because the shrub area is rather sparse. The herbaceous layer was in senescence and dormancy dudng that period, so couldn't be assessed. There is not a thick shrub area in any portion of the present site. In another month your will be able to make a full assessment of the herbaceous grovrthr." Michael Talbot read: "Section 1 and 1A of Chapter 172 of the Mashpee code requires that the naturally vegetated buffered strip which in this case is the salt marshy would be a minimum of o ft. Wide unless the applicant convinces the Commission as per the provision of Section 12 of this Chapter that a the NVBS or part of it may be disturbed and/or diminished without harming the values protected by this Chapter.* His ques on was "Would the removal of this entire area of herbaceous, shrub, sapling and tree species represented in this application disturb or diminish the wetland value of the wildlife habitat so much as to cause harm to that wildlife value as noted in Chapter 172." Mr. Gray: "is it the Chair's statement that the proposal before the Commission is the total removal of that buffer?" Michael Talbot: I would say it's the total removal of the vegetation of this porion of this buffer zone and salt marshy. The reference to the bo ft. in the by-laver is technically 50 ft. from the coastal bank and the salt marsh. Mr. Gray: 1 thought yow had a 50 ft. setback and n taped the stakes at the closest point and it was only 35-36 ft., but later learned there was some wiggle room. Obviously the more existing vegetation you remove from this lot, the more you diminish what potential exists is there novo. It's an existing lot starting out with a rather lover wildlife value because of its size and density of development, so what#s there in terms of the vegetation is providing the bare minimum of cover and potential nesting area. In answer to your query will it cause a diminishment, i would have to say yes." Michael Talbot: "The ll ashpee Chapter 172 Bylaw, Regulation 16, hart C (performance standards) states: Any proposed work permitted by the Commission on a coastal bank or within 100 feet of such bank, ether than as permitted above, shall not destroy any portions of the existing bank, nor shall the work impair the bank"s ability to perform any of the functions expressed in the critical characteristics and presumptions of significance as expressed in the 4