2/19/2009 CONSERVATION COMMISSION Minutes

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6) Vacation Agent McManus will be out on vacation from 2/23-2/27 7) Commissioner Renewals The Chair reminded Commissioners to send letters to the Board of Selectmen for renewal. Assistant Agent Leidhold distributed the Commission contact list to the Commissioners. 8) Shield's Property on Rt. 130 Mr. Pinaud noted activity occurring at the parcel. Agent McManus confirmed that a parking lot was being cleared and the possibility that Americorps may be able to assist as one of their projects. Mr. Pinaud offered his assistance and Agent McManus stated that he will coordinate a walk through. Hearing Agenda 7:00 pm The Trust of the Cotuit Bay Condominium, NOI—418 Quinaquisset Avenue(Vista pruning, vegetation control) (Continued from 2/5/09) John Slavinsky of Cape & Islands Engineering represented the applicant and distributed colored copies of the plans. The property includes approximately 2200 linear feet along the wetland. On the plan, each 200 foot mark, denoted in green, which has also been staked in the ground was used as the measurement by which the applicant hopes to gain 50-foot view corridors. The plans also show the flood zone and top of the coastal bank. The Chair asked for clarification regarding two adjacent corridors extending to the same building depicted on the plan, which Mr. Slavinsky stated is included in the property's 2200 linear feet. Agent McManus stated that there has been no specific clarification regarding vista pruning for condominiums as the regulations were drafted for single family homes allowing a 50 foot viewing corridor for every 200 feet of frontage. Agent McManus further clarified that the measurements required in the bylaw place staking at the wetland edge, or base of the coastal bank, and not on the marsh. The current staking increases the linear length which adds to the frontage giving the applicant more view corridors. Mr. Allen questioned whether each condominium building is eligible for a 50 foot view corridor. The Agent has researched the issue and found that one entity collectively owns the land; therefore one application is submitted for consideration for several vista corridors. Commission members discussed the adjustment of linear footage when the staking is corrected. Michael Talbott, representing the applicant, stated that when he considered this unusual case, and in full support of the vista pruning guidelines, he suggested utilizing the 200 foot and 50 foot corridor. Mr. Talbott noted that historically the Commission has allowed staking along the edge of the water, which is why the applicant utilized the current staking. Additionally, Mr. Talbott stated that their application met the spirit of the guidelines and made every effort to properly identify the corridors. Agent McManus responded that the goal of the vista pruning guideline is to minimize the amount of vegetation to be removed for a view corridor. Brian Wall, attorney for the condominium association, added that the application is fair and meets the spirit and intent of the guideline. Mr. Wall stated that staking at the edge of the water is appropriate because the intent is to gain a view corridor of the water. Mr. Wall added that although it may seem many view corridors are being requested, condominium unit owners gain less of a view than a single family homeowner because four to six unit owners must share the view. As a result, Mr. Wall believes that this plan is very fair and reasonable. The Chair pointed out that according to the plan, Unit 40-47 has three 50 foot corridors over 230 feet, due to the fact that staking occurred at the water's edge. Mr. Cross added that he felt the Commission could not vote on the application without re-staking the property. Agent McManus recommends that re-staking occur at the edge of the wetland resource area, as stated in the regulations. Agent McManus feels that new staking would be a minor modification to reflect accurate frontage and determine better defined view corridors. Agent McManus noted that the Condominiums 2