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<br />qualified wetland consultant and/or horticulturalist prior to building permit sign off which was <br />seconded by Ms. Zollo. <br />Roll Call Vote: <br />Alexandra Zollo (Yes) <br />Steve Cook (Yes) <br />Marjorie Clapprood (Yes) <br />Erin Copeland (Yes) <br />Paul Colombo (Yes) <br />5 – 0 Unanimous. <br /> <br />6:18 Brendon P. Giblin, 90 Popponsesset Island Road. Proposed demolition of existing NOI <br /> <br />dwelling and appurtenances. Construction and maintenance of new single-family dwelling, <br /> <br />garage with pile supported guest suite above, in-ground swimming pool, fencing, pool cover <br /> <br />enclosure, new patios, landscaping, hardscaping and Title V I/A septic upgrade. <br /> <br />Representative: Cape & Islands Engineering, Inc. (continued from 1/12/23 & 1/26/23 & <br />2/9/23 & 2/23/23 & 3/9/23) <br /> <br />Mr. Colombo indicated that he still had an issue approving the proposal given regulation 25 <br />although he conceded that was his opinion based on the reading of the regulation and <br />Ch.172 and recent land court decision re: 228 Wading Place Rd / land subject to coastal <br />storm flowage. <br /> <br />Mr. McManus stated the applicant consultant has provided a detailed and rigorous <br />breakdown of impacts of the proposed activities as it applies to standards under Regulation <br />25 (LSCSF) and the velocity zone and has met the burden of proof regarding potential <br />adverse impacts to LSCSF and the velocity zone resulting from these proposed activities. <br />The proposed mitigation will offset any potential adverse impacts from the proposed <br />activities. Mr. McManus recommended a close and issue with a condition of submission of <br />a signed 3-year mitigation monitoring and maintenance contract with a qualified wetland <br />consultant and/or horticulturalist prior to building permit sign off. He did not recommend any <br />further continuance on this application. Should the commission be leaning towards a denial, <br />Mr. McManus respectfully requested that specific reasons be provided to substantiate a <br />motion for a denial as it pertains to specific and applicable performance standards under Ch. <br />172 <br /> <br />The Commissioners discussed Regulation 25 and 172 and the meaning of being within an <br />area of coastal flow being a resource area requiring more setback highlighting an area of <br />disagreement between Mr. Colombo, Chair, and Mr. McManus, Conservation Agent. Mr. <br />Colombo opined that a recent land court decision was precedent that should be followed. <br />Mr. Colombo felt given the preceding this is the basis for a denial. <br /> <br />Given this, it was decided to close the hearing to public comment and deliberate at the next <br />meeting 4/6/2023 starting the meeting at 5:30 <br /> <br />The motion was made by Ms. Zollo and seconded by Mr. Cook. <br />Roll Call Vote: <br />Alexandra Zollo (Yes) <br />Steve Cook (Yes) <br />Marjorie Clapprood (Yes) <br />Erin Copeland (Yes) <br />Paul Colombo (Yes) <br />5 – 0 Unanimous <br /> <br /> <br />