05/09/2024 CONSERVATION COMMISSION Minutes

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and no grading is required for this project. A letter has been submitted listing the benefits of the project and includes the request for a waiver from Reg. 25 Section C7C COMMISSIONER COMMENTS Ms. Clapprood asks for the square footage of both the existing and new structures, to confirm the number of bedrooms, and inquires if the Board of Health has approved the project. Mr. Dibb states the existing dwelling is 1319 sqft and the proposed will be 1806 sqft, but assures the dwelling will remain a two-bedroom. In respect to the Board of Health, Mr. Kent reads the commentary provided by them. Mr. Colombo requests the nitrogen calculations, which are currently 12.9 and are proposed to decrease to 10.9. A discussion regarding Regulation 25-C-7-C followed, which concluded that the rationale for the waiver request is due to the health and safety of the applicants. Mr. Dibb emphasized that the current home is not flood zone compliant and the new home will be compliant. Ms. Thornbrugh references the waiver requests completed by Mr. Franklin and requests clarification on the meaning of"subject to an express reservation of rights." Mr. Franklin explains: for all previously stated reasons, the applicant doesn't believe a waiver is legally required but has requested it by the Commission. Should this be denied, he reserves the right to raise the issue that a waiver was never required on appeal. AGENT COMMENTS Mr. Kent seeks assurance that the project will enhance the on-site resource areas and improve the overall condition of the property. Mr. Dibb expresses confidence that the project will achieve these goals. Mr. McManus clarifies that the applicant has submitted a waiver with a reservation of rights for Regulation 25-C-7-C. This waiver would encompass any alterations to the lot and all proposed activities. Since the entire lot has been legally developed and has undergone previous modifications with no remaining natural vegetation, Mr. McManus argues that Regulations 24- C-2-A and 25-C-2-C are not applicable. He concludes by recommending approval of the project, stating it will result in improved conditions over existing conditions overall. PUBLIC COMMENTS There are no public comments. Motion made by Mr. Cook to close and issue with the condition to add multiple trees in the rear of the property in consultation of with staff and the approval of the waiver request for Regulation 25-C-7-C setbacks for the project. Motion seconded by Ms. Copeland. Mr. Colombo emphasized that it was refreshing to see a waiver request submitted from Reg.25 C7C and has no objections to the proposal. • Roll Call: Ms. Thornbrugh (Yes), Mr. Cook(Yes), Ms. Godfrey (Yes), Ms. Clapprood (Yes), Ms. Copeland (Yes) Mr. Colombo (Yes). 9