03/23/2023 CONSERVATION COMMISSION Minutes

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The applicant made a lengthy presentation emphasizing the number of times before the Commission where the resource areas were delineated. Mr. Flaherty emphasized that the small “plunge pool” surrounded by a patio has a small footprint (located in the velocity zone). Ms. Zollo asked questioned where the soil sample was taken noting some areas were quite “spongy”. Mr. Cook raised the issue of the groundwater level where the proposed pool would be located and questioned the planned mitigation. Mr. McManus, in response, suggested the proposed arborvitae should be replaced by other native species of higher wildlife habitat value and the mitigation should be located as close to resource area as possible (southern property line). Mr. Cook noted that the plan called for grading changes to which Mr. Flaherty clarified the plan was designed to grade up to the pool to prevent a “wall” in the velocity zone and the contour would be delineated if required. Mr. Colombo discussed the planned maintenance with Mr. Flaherty, who indicated a pump out of the pool could be agreed to. In addition, Mr. Colombo discussed the mitigation adequacy proposed, noting regulation requires 2 to 1 mitigation as opposed to 1 to 1. Mr. Colombo had concerns about this new construction and the necessity for setbacks since land subject to coastal flow (velocity zone) is a resource area. Also, he was concerned about the construction within an area subject to coastal flow, noting the water needs to go somewhere. Public comment was made by Arlene Wilson. Ms. Wilson objected to the plan, noting these would be new structures requiring a waiver that required a compelling need and felt the hydrology issue (ground water) was not resolved. She suggested that the Commission could require a buffer zone in addition that would set a precedent going forward under existing regulations. Mr. McManus made his comments noting Regulation 25 does not explicitly state requirement for a buffer zone for land subject to coastal flow. Mr. McManus has no concerns about the validity and thoroughness of this wetland delineation. The proposed mitigation should be entirely sited along the southern portion of the property and clarified. He agreed with the concerns and comments of the Commissioners including the grading and groundwater depth in relation to the pool. Based on this, Mr. McManus recommended a continuance. Steve Cook made a motion for a continuance with clarifications as follows: change in mitigation and location of mitigation, grading changes, test well where the pool is be located (for groundwater depth), and how the pool is to be fastened into the ground which Alexandra Zollo seconded. th April 6 6:12 pm. Roll Call Vote: Erin Copeland (Yes) Marjorie Clapprood (Yes) Steve Cook (Yes) Alexandra Zollo (Yes) Paul Colombo (Yes) 5 – 0 Unanimous 6:03 Mark R. and Robin L. Galante, 164 Captains Row. Proposed addition to existing dwelling. AOOC 43-3142 Representative: J.E. Landers-Cauley, P.E. (continued from 10/27/22 & 11/10/22 & 2/9/23 & 2/23/23) Mr. Cook recused himself due to a professional relationship with the Galante’s. There was still a quorum of 4 Commissioners as noted by Mr. Colombo, Chair.