04/04/2024 CONSERVATION COMMISSION Minutes

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Mr. McManus raises additional concerns from Natural Heritage regarding the project area's inclusion in priority habitats for rare species. They have submitted a detailed letter outlining conditions for the project, including the deconstruction of the existing dwelling, dock, and restoration of the inland bank. Due to the extensive conditions, all will be incorporated into an order of conditions to ensure no impact on rare species habitats. Specifically, regarding the dock and potential disturbance to mussel habitats, it must be placed in the same location annually to maintain habitat integrity. Furthermore, Mr. McManus presents concerns from the Board of Health. While the dwelling may legally consist of up to 4 bedrooms, the site falls within a Zone 2 water recharge area, requiring the applicants to request a variance from 310 CMR 15.215. This variance necessitates a letter from the Sewer Commission indicating an estimated sewer connection date. If the connection is not completed by then, the variance will expire. A Board of Health meeting on February 21, 2024, approved the use of aggregated land at 105 Lakewood Drive and a denitrifying system to accommodate up to 4 bedrooms. All septic plans will be submitted to the Board of Health. Ms. Clapprood expresses concern about the project's size and the issues raised by the Sewer Commission and Board of Health. Mr. Bannon reassures the commissioners that communication has occurred with both entities, resulting in project approval from the Sewer Commission, with a pending letter. There are no public comments. Motion made by MS. Godfrey to close and issue with the following conditions: All conditions stated in the Natural Heritage & Endangered Species Program (NHESP) determination letter be incorporated into an order of conditions, and proposed areas of lawn cannot exceed 10% of the area of the lot within wetlands jurisdiction (submission of documentation verifying this). All proposed lawn areas must be of native clover variety with documentation thereof submitted to the Conservation Department prior to installation, and the driveway should be constructed with pervious material. Motion seconded by Ms. Copeland.  Roll Call: Ms. Godfrey (Yes), Ms. Thornburgh (Yes), Ms. Clapprood (Yes), Ms. Copeland (Yes), Ms. Zollo (Yes). The motion passes unanimously. 6:51 NOI 43-3272 37 Amy Brown Rd, Bryan W. Anderson. Proposed raze, replace and maintain a single family dwelling with a detached garage, appurtenances, new septic system, new elevated boardwalk, float and ramp. Rep: Cape and Islands Engineering, Inc. (Cont. 3/7). Resource Area: LSCF, Area of Critical Environmental Concern (ACEC), Saltmarsh, bordering vegetated wetlands, coastal bank, and the buffer zone to top of the coastal bank. Mr. Rowland recalls the commissioners' previous discussion regarding concerns about the proposed structure within the ACEC, which, he notes, is legally permitted. He mentions that an