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o Removing 9 trees and replacing them with 10 <br /> Building Code Compliance: <br />o Discussion on whether local regulations conflict with the state building code, <br />particularly regarding vertical walls. <br /> Commissioner Cook Input: Reference to State Building Code, section R322.3.3, (PDF) <br />regarding foundation requirements in coastal A zones. <br /> Concerns Raised: <br />o Potential for erosion and stormwater control issues with concrete slab <br />o Prefers a pervious surface like gravel to allow floodwater absorption <br />o Request for a coastal geologist report to assess floodwater impact and mitigation <br /> <br />Procedural and Legal Considerations <br /> <br /> Home Rule Authority: Discussion on the interplay between local regulations and state <br />building codes <br />o Legal Counsel notes: State building code preempts local regulation <br /> Remand Process: <br />o Motion to remand back to the commission for further discussion with the <br />applicant <br />o Conditions for a remand include compliance with building codes and provision of <br />a coastal geologist report <br />Action Items <br /> <br /> Town Counsel: To communicate with the applicant about the commission’s willingness <br />to consider a remand under specified conditions <br /> Commission: To prepare a list of concerns and requirements for the applicant to address <br />in a potential remand hearing <br />Motion <br /> <br /> Motion made by Mr. Cook to entertain a remand with specified conditions. Ms. Godfrey <br />seconded. No further discussion <br /> Roll Call: Mr. Cook (Yes), Mr. Sahl (Yes), Ms. Godfrey (Yes), Ms. Thornbrugh (Yes), <br />and Mr. Colombo (Yes) <br />o The motion passed unanimously <br />Closing Motion <br /> <br /> Motion made by Mr. Cook to close the executive session and reconvene at 6:30 pm. Ms. <br />Godfrey seconded. No further discussion <br /> Roll Call: Mr. Cook (Yes), Mr. Sahl (Yes), Ms. Godfrey (Yes), Ms. Thornbrugh (Yes), <br />and Mr. Colombo (Yes) <br />o The motion passed unanimously <br /> <br /> <br /> <br />2 <br /> <br /> <br />