06/15/2023 CONSERVATION COMMISSION Minutes

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indicated that it was approved for aquatic use. Ms. Zollo noted the timing of the Roundup’s application as being appropriate and concurred with the Roundup’s use. Mr. McManus asked about the phragmites in general. The applicant indicated the cuttings would leave the stalks in place. Mr. Colombo asked about the granite stone flagging’s permeability (between the stones) Regarding the retaining wall, the applicant noted it was just enough to keep water moving away from the slider but conceded it was still a pocket. Mr. Colombo noted that Regulation 25 does not allow for retaining walls and the applicant was amenable to removing from the plan. Ms. Zollo expressed a desire to see native plants placed in front of the house since there would need to be replanting. The applicant responded that there was a desire to keep the ornamental plantings and the removal of a patio to provide mitigation to which Mr. McManus took exception to noting that the removal and planting on the patio’s relocation did not count towards mitigation credit. The applicant noted could do additional planting. In general comments, Mr. McManus the scope of alteration is minor, the impact to wetlands is negligible and the mitigation will substantially improve the wetland resource area. Based on this Mr. McManus recommended close and issue with condition of submission of a signed two year mitigation maintenance and monitoring contract with a qualified professional. Mr. Cook made a motion to close and issue with the condition of submission of a 3-year phragmites mitigation maintenance and monitoring contract, removal retaining wall and adding trench drain, and plantings in elevation 4 and 5 area to be submitted to staff which was seconded by Ms. Zollo. Roll Call Vote: Sandra Godfrey (Yes) Erin Copeland (Yes) Marjorie Clapprood (Yes) Steve Cook (Yes) Alexandra Zollo (Yes) Paul Colombo (Yes) 6 – 0 6:15 Schooner’s Weigh, LLC, 3 Elliot Road. Proposed septic upgrade and hardscaping modifications. Representative: Cape & Islands Engineering, Inc. (continued from 5/18/23) \[Applicant is providing nitrogen aggregate land as nitrogen credit to offset N loading from this propose septic upgrade. Property is in a Zone II. A Nitrogen Aggregation Plan, prepared by Cape & Islands Engineering, was approved at a BOH meeting on April 18, 2023. Septic design plan for a 4-bedroom conventional system was approved by the Health Agent on May 22, 2023\] Several Commissioners expressed concern about the use of another property for land nitrogen credit. Ms. Copeland asked if the property had to be in the same neighborhood. The applicant clarified that the property only needs to be Zone II property and noted the impracticability of using a developed neighborhood for a nitrogen offset. Mr. McManus questioned the credit property is subject to other limitations/alterations and whether it would be effective to protect the aquifer. Ms. Zollo and Mr. Cook asked about the credit land’s ownership wondering if the burdened land was land previously set aside as part of the original development. The applicant stressed that this has been approved previously by the Commission but conceded it is unusual. Mr. Colombo commented that Regulation 30 does not address nitrogen land credit offsets but includes septic upgrades. Mr. Cook and Ms. Clapprood questioned whether this was allowed under the bylaw or if Commonwealth’s provisions trump Regulation 30.