04/06/2023 CONSERVATION COMMISSION Minutes

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6:12 Paul J. and Kathryn M. Thurston, 25 Menemsha Road. Proposed construction of in-NOI ground pool, hardscaping and landscaping. Representative: Flaherty & Stefani, Inc. (continued from 3/23/23) Mr. Cook questioned the pool’s elevation and application of 172 noting that a pool not being a compelling need and the presence of a vertical wall in a velocity zone. Mr. Cook did not feel the project met 172 or regulation 25. Ms. Zollo noted that it did not meet standards as well. Ms. Clapprood, Ms. Copeland, and Ms. Godfrey had the same concerns. Mr. Colombo noted that this was an addition similar to the 5:30 hearing. Mr. Colombo noted this was classified as a resource area – land subject to coastal flow. “Where is the setback?” Public Comment: Ms. Wilson representing Glenn McCarthy (located in the neighborhood) and Joan Quilty (neighbor). In interest in saving time, Ms. Wilson noted there is no place that a setback could be provided. She went on to note that a swimming pool was not a compelling interest for a waiver request. Also, the spot nature of the mitigation should be clustered together in one area. ndrd Mr. McManus focused on the 2 and 3 waiver requirements indicating that all waiver criteria be considered, noting the preexisting conditions of the lot (all lawn) and the overall benefit that mitigation plantings would provide. He said weight of the pool’s impact is de minis ould not result in an adverse impact to flood zone standards. Mr. McManus recommended that all mitigation plantings be sited and clustered along the southern property line so they can provide a buffer strip between the subject property and Deans Pond. No use of any tarps over existing soils for any mitigation areas. Any Arborvitae included as mitigation should be replaced by higher wildlife habitat value species. Mr. McManus recommended close and issue with conditions as stated and submission of a signed three-year mitigation monitoring contract with a qualified professional. Mr. Colombo still didn’t see the setback as being met. Mr. Cook made a motion to close an issue with changes to realign the planting and appropriate species. No second. Ms. Marjorie made a motion to close the public hearing and deliberate which was seconded Ms. Zollo. Roll Call Vote Steve Cook (Abstain) Alexandra Zollo (Yes) Marjorie Clapprood (Yes) Erin Copeland (Yes) Sandra Godfrey (Yes) Paul Colombo (Yes) 5 – 1 – 0 th May 4, 2023 at 6:06 pm 6:15 James Whitney, NJCJ, LLC, 21 Metacomet Road. Proposed reconfiguration of a NOI previously approved float and the installation of a pier section. Representative: Falmouth Engineering, Inc. (continued from 01/26/23 Public Hearing Notice was not published in the 1/20/23 Mashpee Enterprise, continued from 2/9/23 & 3/9/23 & 3/23/23)