06/29/2023 CONSERVATION COMMISSION Minutes

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6:18 Schooner’s Weigh, LLC, 3 Elliot Road. Proposed septic upgrade and hardscaping RDA modifications. Representative: Cape & Islands Engineering, Inc. (continued from 5/18/23). Mr. Cook noted that this was the property with the question of the land being used for the nitrogen credit. Mr. Kent indicated that the use of the credit land is allowed after speaking to the BOH. Mr. Kent noted that there would be further use restrictions for the land precluding any further use by deed (No structures). Seeking clarification, Ms. Zollo asked whether that includes 100% of the parcel. The applicant clarified it was only for a portion. Mr. McManus clarified that the Planning Board is aware of this arrangement as well, but noted it is a loophole that is currently allowed under Title V. However, Mr. McManus noted that the applicant is coming forward with I/A system as well. Ms. Clapprood decried the use of the loophole and thought the Commission jurisdiction should extend to the project and not simply the BOH. Mr. Colombo concurred noting the need to protect the aquifer and that the credit use was robbing Peter to pay Paul by going in the backdoor and contrary to the Commission’s purpose of protecting the aquifer. However, Ms. Clapprood noted the applicant has done what the Commission asked. Mr. Cook made a motion for a negative determination which was seconded by Ms. Zollo. Roll Call Vote: Alexandra Zollo (Yes) Steven Cook (Yes) Marjorie Clapprood (Yes) Sandra Godfrey (Yes) Paul Colombo (No) 4– 1 6:21 Paul J. and Kathryn M. Thurston, 25 Menemsha Road. Proposed raze and replace NOI existing single-family dwelling. Representative: Drohan Tocchio & Morgan, P.C. \[At the outset, Mr. Colombo, Chair, noted an absence of a DEP number requiring a continuance\] The applicant went through the project which involves the home’s razing being replaced by an elevated home to comply with FEMA requirements. In addition, the proposal has 1,200 sq feet of mitigation plantings. The elevation will allow for reduced risk of flood damage to neighboring properties. Mr. Colombo spoke to the information’s lateness arriving at 10 O’clock the same day of the hearing. Mr. Colombo reminded the applicant that the Commissioners are volunteers and have other personal and professional obligations. Mr. Colombo asked that the information be provided at least 5 days prior. Mr. Colombo went on to note that the septic on a raze and replace is deemed abandoned by the BOH. Mr. Colombo wants to see the full plans (including the septic) and that addressed suggesting the applicant come back with a robust proposal that addresses all issues. The applicant agreed to obtain a letter of clarification from the BOH. In response, to Mr. Cook, the applicant that a ZBA hearing is scheduled in August (Special Permit).