04/04/2024 CONSERVATION COMMISSION Minutes

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attorney has confirmed this legality in a written letter. The second concern involved the remedy for the disturbance of the upland area during construction. The plan is to plant more trees in several areas, including the section cleared for the detached garage, the shed area, the 50-foot buffer of the bank on the north side, and narrowing the path to 4 feet to accommodate additional native plantings as a border. Following this discussion and before opening the floor to the commissioners' comments, Mr. Rowland provides an overview of the proposal to update the new board member. COMMISSIONERS COMMENTS Ms. Godfrey voices her concern about wildlife habitat issues, particularly regarding an osprey nest stand near the existing float. Mr. Rowland responds by stating that the Natural Resource Director has assessed the proposed boardwalk and determined it will not impact ospreys or other birds of prey. He mentions that a discussion with the senior wetlands scientist further supports this decision. Ms. Thornbrugh suggests a condition that all project work must be completed around the osprey nesting season to avoid disruption. Mr. Rowland assures that the work can indeed be scheduled around the nesting season. Ms. Zollo seeks clarification on the grandfathering of an illegal structure. Mr. McManus explains that a letter submitted with the application asserts the structure's legal grandfather status due to existing bylaws and evidence of an environmental notification form filed before 1990, making it eligible for permitting under Chapter 91. Mr. Kent adds that a letter from a former town harbormaster attests to the use of the structure around 1982. Ms. Zollo asks if any communication has occurred with Natural Heritage regarding the structure's location and size. Mr. Rowland is unable to confirm the submission of the application and pledges to follow up with Natural Heritage. There are no public comments. Motion made by Ms. Godfrey to close and issue with the condition of a submission of a signed 2 year mitigation monitoring and maintenance contract between the property owner and a qualified professional (landscaper, horticulturalist or wetland consultant). Additional condition of submission of detailed construction methodology and that all work must be carried out by a qualified and experienced marine contractor with documentation of experience to be provided to the Conservation Department prior to construction, and that all work be completed around the osprey nesting season. Motion seconded by Ms. Copeland.  Roll Call: Ms. Godfrey (Yes), Ms. Thornbrugh (Yes), Ms. Clapprood (Yes), Ms. Copeland (Yes), Ms. Zollo (No) (4-1) The motion passes. 6:54 RDA 133 Ninigret Ave, Kelly Homes. Proposed replacement of failed leach pit with new Tittle V compliant system. Rep: Shay Environmental Services.