6/26/2008 CONSERVATION COMMISSION Minutes

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y 7:12 p.m.Adam Mayes, RDA-112 Uncle Percy's Road (construct wooden deck and upgrade existing septic system) Donald MacDonald stood to represent the applicant. Commission Fitzsimmons read a letter from the Board ofHealth stating that they approved a variance to include three bedrooms. The representative for the applicant a plained gnat he did not'kno rr much about the project. The Agent explained that the project is located in isolated land subject to flooding (across the street). The Agent also explained that the area is turf grass and that the project will cause very little disturbance. The Agent stated that any area disturbed would be filled,in. The Agent recommended a negative determination. Motion made,seconded and unanimously carried for a Negative Determination. 7:15 p.m. David Rose, NOI—184 Rock Landing Road (continued from 012J20 - The Agent a plained that the application is multifaceted.and that there are pieces of information missing, including.a locust map and an SE#. The Agent explained that the applicant had requested.a two-week continuance. Motion made, seconded and unanimously carried for a continuance until 07/10/2008 @ 7:09 p.m. 7:18 p.m. Joseph.and.dean Gennaco, RDA—108 Uncle Percy's Road (construct a new audition, relocate existing septic, remove front,deck and replace with stone patio, and lendsc ►pin .)(continued from 06/12/2008) The Agent explained that the Gennacc's were unable to get representation to.the meeting and had requested a two-week continuance. Motion.made,, seconded and unanimously carried for a continuance until 07/10/2008 @7:12 p.m. 7:21 p.m. Robert and Nancy Farreliy,AOC—26 Fading Place lid Removal of Special condition#20 of the order of eon itions Cass costa recuses herself) Tara harden of the Woods Hole Group stood to represent the applicants. Mr's. Marden explained that the applicants wish was to get Special Condition#20 removed from the original order of Conditions. Mrs.- Marden stated that the order of Conditions is rather ambiguous and that Special Condition#20 called for beach nourishment as mitigation for construction access. Mrs. Wirden further explained that the applicants had fulfilled their obligation recently adding all of the sand.that would have been added over the sic years or so since the order of conditions was created. She explained that it was a show of good faith and to get their c.o.e from the Conservation department. Mrs. Marden explained that after examining the entire file on this application that it does not appear that the applicants have to continue to nourish indefinitely. Mrs. Marden.did cite that special condition#18 and#19 do state that they are to be done in perpitutuiy specifically but that#20 is not mentioned. The Agent agreed that the order of Conditions is ambiguous.and that the wording is vague. The Agent questioned how long the applicants should-have to provide beach nourishment for a one-time construction access. Christine Fair eny, Board of Director ctor from the Popponesset#Beach Association, stood,to comment as the property the nourishment is going on is the Associations. ibis. Fairn ny read from duly 2002 conservation}meeting minutes that the nourishment was stated as 300 cubic yards applied as necessary annually. The Agent stated that those minutes were more pertaining to the 7:33 hearing for the same applicants. Nis..Fairneny questioned.if that was right because of the SE#, Mrs. Marden explained that the s me BE#was issued for both filings. Ms. Faimeny said she had not understood that before and that she world lice to.go.back to her Board with that information. Mrs. harden showed the plan to the Commission and pointed out that there is no beach nourishment noted on this site on the plant itself, it is noted on the- 1 Starboard Lane portion but not the Wading Place portion. Commissioner Fitzsimmons questioned why if no perpetuity was mentioned that the Conservation Department made the applicants nourish. Was it a mistake.?The Agent explained that it was not a mistake so rnuch as the'vague wording in the order of Conditions was purely a.judgment call. Mrs. Marden explained that the applicants and the Agent and Nis. Farineny had.all come to an agreement that the applicants would nourish because of the vagueness and as a good faith measure as mentioned earlier. Mr. Adam eren i stepped forward to comment on whether the nourishment was a mistake or not. 4