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<br /> <br />Mr. McManus indicated that the bridge would be funded by the applicant in response to Ms. <br />Clapprood. Mr. McManus clarified that the applicant is arguing that the Conservation <br />Commission has no jurisdiction (negative determination) while a positive determination the <br />Conservation Commission is opining that the Wetland Protection Act applies and would <br />require a Notice of Intent. Mr. McManus agrees with Town counsel’s opinion and directed <br />the Commissioners to it. Ms. Zollo read the relevant portion indicating that that the Wetland <br />Protection Act applies with no tacking of rights to the current owner causing removal of <br />Conservation Commission’s oversight. Mr. McManus recommended a positive <br />determination in light of Town counsel’s opinion. <br /> <br />Ms. Zollo made a motion for a positive determination which was seconded by Ms. Godfrey. <br /> <br />Roll Call Vote: <br />Alexandra Zollo (Yes) <br />Marjorie Clapprood (Yes) <br />Sandra Godfrey (Yes) <br />Paul Colombo (Yes) <br />4 – 0 (unanimous) <br /> <br />6:18 35 James Circle, Peter and Patricia Briggs, Trustees. Proposed construction and RDA <br /> <br />maintenance of attached garage, utilities, hardscaping and landscaping. Representative: <br /> <br />Cape & Islands Engineering, Inc. (cont.from 6/29) <br /> <br />In response to Ms. Zollo and Mr. Colombo, the applicant indicated that the timber and <br />concrete would be replaced with masonry for the tiers with no fill going in. Mr. Colombo asked <br />about the siltation barriers and lawn area. The applicant indicated that he is not using <br />fertilizer and is not sure of the species of grass. Mr. McManus indicated he thought the <br />correct species of grass could be added along with a prohibition on the use of fertilizer. In <br />response to Mr. Clapprood, Mr. McManus indicated that BOH would conduct a review of <br />increase of flow in case of an extra bedroom. <br /> <br />Ms. Zollo made a motion for a negative determination with a condition of grass being in <br />accordance with Regulation 31 lawn standards which was seconded by Ms. Godfrey. <br /> <br />Roll Call Vote: <br />Alexandra Zollo (Yes) <br />Marjorie Clapprood (Yes) <br />Sandra Godfrey (Yes) <br />Paul Colombo (Yes) <br />4 – 0 (unanimous) <br /> <br />6:21 25 Menemsha Road, Paul J. and Kathryn M. Thurston. Proposed raze and replace NOI <br /> <br />existing single-family dwelling. Representative: Drohan Tocchio & Morgan, P.C. (cont.from <br /> <br />6/29). <br /> <br />\[Prior to beginning the hearing, Mr. Colombo expressed displeasure with the submission of <br />the materials after the Friday before the hearing for review in contravention of providing <br />materials 5 days prior to a hearing, but indicated he would allow the applicant to make a <br />presentation\] <br /> <br />Ms.Clapprood asked about the septic upgrade – this is a voluntary upgrade to an <br />denitrification system. Regarding the test pits, the applicant pointed to the plans and <br /> <br />