2/6/2003 CONSERVATION COMMISSION Minutes

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7;20 p.m., Robert Benneft, 195 surf Drive (convert and modify existing dock). Bob said there is no problem with this application. However, they have not applied to the Board of Health, and since we can't consider an application complete until all the necessary permits are applied for, vire should not be hearing this application tonight. Bob recommended a continuance. Motion made# seconded and unanimously carried to grant a continuance to 2/27/03 at 7:10 p.m. at the request of the applicant. 7;25 p,m., Anth onyP. Ga rg iuii o, 11 Ocean B IufF Drive (continued from 1/16/03). Michael trot ke represented the applicant and presented the plan. Bob said he had no problem with the plan as presented, but what Mr. tarot ke left out is that In 1997 we adopted a condition in our -Lave(section 172-7) which requires a ft. setback. In p By -Law event that the plan is not approved by this commission and the decision is appealed, Bob read this section for the record. Bob said the issue here is the coastal bank, and wildlife habitat is the key ingredient because the area in question where the patio was to go is an important grasslands habitat when it's not mowed, as it should not have been. Bob said vire can reduce the scope of the work because the patio 'Is not necessary to the construction of the house, and no one has rebutted that that area of grasslands is important in terms of wiIdIife habitat. He said we have never gone beIow 35 ft., and we only go down to 35 ft. from 50 ft. when there is no other alternative and the applicant can't build the house. He does not recommend going below 35 ft. now, because that would set a precedent which would make our -Lair, which is based on solid science, meaningless. He recommended that we deny unless the applicant is willing to continue, and get rid of the patio and have a work limit which is 35 ft. from the top of the coastal bank. Mr. Grotke asked for a continuance and further consultation with Bob. Motion made, seconded and unanimously carried to grant a continuance to 2203 at 7:15 p.m. at the request of the applicant. Michael Talbot joined the meeting. 7:30 p.m., Davey Tree Expert Com an , 17 TaffraiI Way (continued from 1 16/03). Michael Grotke represented the applicant. Bob said all the conditions have been met and he recommended approval. Stephanie pointed out that the existing path should be included in the 25 ft. vista pruning. Motion made, seconded and unanimously carried to approve the plan with the condition that the existing path be included in the 25 ft. vista pruning.