11/14/2019 CONSERVATION COMMISSION Minutes

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talked to the landscaper and said to increase the mulching area. The wildflower field configuration was a square area that seemed rather unconventional. The homeowner did not proceed with that because they had issues with the site and location. He told them the time to change has expired and they were not really in a position to negotiate, but that we'd listen to their concerns. The Agent's idea was to keep the 5,000sgft unchanged, but spread it out laterally to coincide with the shoreline. The idea came from the Agent and he did explain to the homeowner that this was a courtesy. We should wait and have them present plans, it won't be done until the spring anyway. He emphasized the square footage would not change. Mr. McKay said they never met their requirements, does the existing plan cover both?Agent said yes, they asked Borselli from Falmouth to combine the two and put it in to one plan, so less confusion. He thinks it would be good to have the homeowner here to review everything. Mr. McKay said he's not happy about waiting until the spring. Agent said he's not either, but at this point we're past the growing season. Mr. McKay commented that this is coming from a notice to impose penalties, a deadline would be appropriate. Agent said he has no problem doing that. • Update: Proposed bylaw language change to reflect monetary mitigation for dock projects for the Shellfish mitigation fund. Discussion with Town Counsel. About a year ago we amended our dock& pier policy, the wording wasn't really worded effectively. We had a meeting with the Town Council and they said we shouldn't make the fee in perpetuity. Agent agreed with that. We could have it for a certain period of time, or a one-time calculated fee. Agent strongly recommends a bylaw change rather than a regulation change. They would assist in crafting the bylaw language. Agent will continue to keep the Commission updated. Mr. McKay asked where we were with other fine updates.Agent said there were 7 articles at the Town Meeting, all were approved. The bylaw change that dealt with making the non-criminal disposition was about removing the $300 wording from regulatory language, and changing it to something to the effect of "at the discretion of the Selectman". That way if at some point in time there's a push to increase that $300, it would be up to the Selectman to do that. Leaving the$300 in there would essentially be handcuffing- the Selectman. • Update: 424 Whitings Road Conservation Deed Restriction. Agent said it's a small amount of open space that's required for a development that took place. We're trying to hash out how this is going to move forward, as far as who holds the deed restriction. The landowner right now could have a land trust take over, but it's such a small acreage you'd have a hard time finding a trust interested it. Another scenario would be to have it deed restricted to match the same standards as conservation land. The Town Planner said that's what they agreed to do. They would have to get conservation restriction placed on the property. That's what they are in the process of doing now. Once it's finalized the Commission will have to sign. • ADDITIONAL TOPICS: (This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed). Motion: Mr. McKay moved to adjourn. Mr. Dalton seconded. Vote: 4-0 unanimous Agent said they still have to sign some documents. Motion: Mr. Dalton moved to reopen. Mr. McKay seconded. Vote: 4-0 unanimous Meeting was reopened. Documents signed.