9/4/2008 CONSERVATION COMMISSION Minutes

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inva ive spreading nature. Mr. Joe thanked Commissioner Allen for the input and stated that he would strike the Trumpet Vine from the list.. Motion made, seconded and unanimously carried for a Negative Determination. 7:15 Geoffrey hall, FD — 146 Ninigret Avenue (Rebuild wall with nature fieldstone) Mr. Geoffrey Wall stood to address the Commission. Mr. Wall described his wish to rebuild a stonewall as the previous permit had lapsed on the project. The Agent explained that it is an existing brick wall within close proximity to John's Pond. The Agent explained that the materials need to be stored upland for the project, not on the Pond's bank or other side of the street. The Agent also reminded Mr. Wall to retain the proper permits from the building department for any section over 4 feet tall. The Agent recommended a negative determination. Motion ma e, seconded and unanimously carried for a Negative Determination. 7:18 Leann Tibets, RDA` 123 old Brickyard Road (upgrade septic system) Michael Labute stood to represent Mr. John Doyle, the contractor for Ms. Tibets. Mr. Labute explained that the Board of Health had approved the application; Commissioner Fitzsimmons read the Board of Health approval comment for the record. The Agent explained that the project i s for a typical septic upgrade and that the only item he would like added is a.siltation barrier and he would speak to Mr. Doyle about it as well. The Agent recommended a negative determination. Motion made, seconded and carried unanimously for a Negative Determination. 7:21 p.m. Richard Cohen, NOI—401 I lonomo coy Road (Construct a new single family home with associated appurtenances) Michael Borselli of Falmouth Engineering stood to represent the applicant. Mr. Borselli described the applicants wish to construct a new single family home on the property now owned by the Cook's, Mr. Cohen is a potential buyer of the property. Mr. Borselli explained that some of the Commission might remember the property for an order of conditions issued for a dock that was permitted but has not yet been installed. Mr. Borselli explained that the property is located on Monomos oy and in close proximity to Little Fiver. Mr. Borselli explained that the property is surrounded by homes and is in a densely populated area. Mr. Borselli explained that is was a challenge to design the home to take advantage of the area like the neighbors have already done, to get the best view and property arrangement. He explained that the property is referred to as Lot 94 and is 26,000 square feet with a width of only 70 feet. Mr. Borselli explained that the property is located in the flood zone, bordered by wetlands and is land subject to coastal storm flow. The Agent and Assistant Agent questioned why the project was so large, why all the areas were to be cleared. IIIb. Borselli explained that the applicant would like the project big so that the yard would.be low maintenance and that they felt the project took into account all of the necessary standards and was well thought out. Mr. Borselli started that the project was no larger than the other projects in the area and was actually smaller than one of the mutters. The Commission questioned whether the plan meets the required amount of unaltered space. The Agent read the bylaw from Chapter 172 Reg. 25 that started the standards for unaltered space (total square footage of alteration); he read that lots over 20,000 square feet require 30% to remain unaltered or nature. Mr. Borselli explained that they were still waiting to hear from Natural Heritage on the application; Commissioner Fitzsimmons asked if a continuance was in order and the issues to be raised at the next hearing. The Agent explained that Natural Heritage had submitted comments when the dock filing had Coyne before the Commission and they declared it a no take so they would probably find the same for this, as it is the same area under consideration. The Agent also explained that he had told Mr. Borselli that he should come to the hearing so that he could receive input to be better prepared for the next hearing. The Commission agreed to let him receive feedback even though a continuance was in order. An abutter, Mr. Bob Webster(Casey Realty Trust) stood to address the Commission. Mr. Webster explained that he would like to support the project but felt that the % of unaltered area quoted by Mr. Borselli was inaccurate. Mr. Webster asked whether the resource area (salt marsh)counted towards the figure. Mr. Webster also.stated that he felt