2/27/2003 CONSERVATION COMMISSION Minutes

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i i I I i I Commission is allowed to waive this, but theapplicant's representatives don't believe a waiver is necessary in this instance due to the creation of a 70 ft. naturally vegetated buffer strip, and also because the regulations state that for existing properties you can create this naturally vegetated buffer strip. She said this plan meets the performance standards under Regulation 30. It's. not a variance because it is not under the Town by-law. Jack said he was under the impression that we had a 50 ft. setback requirement. lis. Turano-Flores said Regulation 30 decrees a 50 ft. buffer zone and a 35 ft. naturally vegetated buffer strip. There's a presumption in the regulation that any activity within that 35 ft. would be presumed to be adverse, but that presumption can be overcome through evidence like this. Also there's the caveat that that regulation wouldn't apply to legally alter an existing development, and there is a cottag6 on the lot. They thought they would utilize that regulation to create a 70 ft. naturally vegetated buffer strip which creates a coastal habitat that provides some value Bob said he would like to have the opportunity to review the two pertinent sections of the by-law and regulations, and he recommended a continuance. a b t said issue that the Commissioners have is to decide on is if w are Michael T l o � the s going to lean toward requiring a greater setback or accept these guidelines and work for greater mitigation. Bob said that's why we created the waiver, because we kept running into situations where by following the letter of the law, we weren't getting as good a deal as we could get for the environment by not following the letter of the law, and this waiver provisiongives us more flexibility. Mr. Rogers said he understands the issue and he would be opposed to anything that would transcend ghat has been done in the past, i.e., less than 35 ft. .Jack said one of the arguments made in favor of this application is the fact that it doesn't appear to be out of line with what already exists with the abutting properties. Mr. Rogers said when they bought the property, they were the first to buy on the bluff and they received assurances as to where the setbacks were going to be. There have been changes rade during the development, and now he's dealing with a property which most affects hire -- net door. He feels it's too far forwards the bank cuts into that property: and that's one of the reasons he didn't chose it. Now because of a Conservation by-law provision, he understands that based on a waiver, the plan goes further [in diminishing the 35 ft. provision] than ever before. lie's opposed to it, he feels he has to protect his rights. Mr. Grotzke said the location of this residence is in total compliance with the original landscape plan they created for the property and was approved by this Commission, the Board of Appeals, etc.