04/18/2024 CONSERVATION COMMISSION Minutes

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to Rhode Island. He suggests this inclusion serves as a guide for the town in drafting its regulations. Mr. Colombo reiterates his stance on requiring the applicants to see a waiver for Regulation 25 when applicable, citing his understanding of the regulation and references the Massachusetts General Law Chapter 131 Section 40 Paragraph 6, which defines “coastal wetlands.” He emphasizes the importance to adhering to state laws. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIX/Chapter131/Section40. Furthermore, he mentions a formal meeting involving Town Council, Town Manager, community development director, Mr. McManus and himself (Mr. Colombo), where they concluded that the law regarding coastal wetlands must be followed until officially amended. *Please note at this time Mr. Colombo’s response applies to the subject matter concerning the following addresses: 14 Capstan Circle, 58 Bearse Road and 48 Greenwood Road. Mr. Cook seeks clarification regarding the plan’s stairs for reaching ground level, noting a significant elevation difference from 14 to 8.22.Mr. Dib explains that the front deck, will feature stone steps totaling approximately 7 steps to bridge the gap. For the rear deck, the stairs are integrated into the deck itself. Regarding flood vents mentioned in the presentation, Mr. Cook asks about the wall material. Mr. Dib responds that concrete will be used at the front, while the rear will have a wood frame. However, Mr. Cook points out noncompliance with Regulation 25.5 concerning wave action and suggest adding pilings to address the issue. He also requests dimensions for the distance from the BBW to the dwelling, not reflected in the submitted plan. Mr. Dib agrees to provide later. Ms. Godfrey highlights the change from a 3bedroom to a 5 bedroom layout, which Mr. Dib justifies based on the property’s lot size, approximately 20,465sqft of upland. Mr. Colombo reads the regulation indicating a 4 bedroom entitlement per Chapter 108, with a requirement of 10,000sf increase per additional bedroom. He notes this falls under the jurisdiction of the Board of Health and will be further discussed at a later date. Mr. Colombo mentions the soil test date of December 2001 and asks if a new test has been conducted for this project to assess any changes in groundwater elevation over the past 23 years. Mr. Dib confirms no new tests have been conducted and expresses confidence that the four drywells will adequately manage all runoff, even with the groundwater elevation projected in 2001 being one foot above current levels. Attorney Franklin wishes to add to the discussion regarding Regulation 25 C7C. He recognizes the debate surrounding the interpretation of coastal wetlands and coastal features. In his view, the Commission’s position is that land subject to coastal storm flowage should be included in the definition of coastal wetlands. Mr. Colombo reiterates that the decision is rooted in the Massachusetts General Law Chapter 131 Section 40 Paragraph 6. Attorney Franklin counters, suggesting that what should guide the Commission are the definitions within the regulations themselves. He argues that the Commission should focus on enacting setbacks relative to coastal wetlands and coastal features. He emphasizes that in cases of dispute over the intent of terms in regulations, the focus should be on the intent of the regulation at the time of 4