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Jack said because there have been so many hearings on this application he will poll the <br /> members individually after the presentation. Mr. Grotzke described the plan. Bob said the hay <br /> bales must be within the 35 ft. setback. Mr. Grotzke said the hay bales will be on the upgrade <br /> side of the silt fence. Bob said that's not the best way to do hay bales—on a slope like this the <br /> best way to do hay bales is on the downgrade side of the silt fence. Mike said we usually don't <br /> allow construction right up against the work limit. <br /> Ms. Turano-Flores wanted to make sure that the Sabacia report and the ENSR report describing <br /> the mitigation plan are part of this record, including Don Schall's recommendation for tupelos, <br /> and she reserved comment after the Commissioners have made their recommendations. <br /> Bob said with the defined mitigation plan, ft's his conclusion that the project meets the <br /> performance standards. <br /> Mike said he's still very concerned that the preponderance of this project is actually on the <br /> coastal bank. <br /> Mr. Grotzke said that the slope doesn't have coastal bank functions. Bob said he couldn't <br /> disagree with that more. Even though he still recommends the project, it does function with its <br /> retention characteristics, it holds back floodwaters. Mr. Grotzke said the alteration of it would <br /> function that way as well. Mike said it also has a very impressive list of trees, including a white <br /> pine, and the vegetation of coastal banks is well known to provide important food source for <br /> migrating birds. Mr. Grotzke said the consultant the Commission hired Sabatia. Mike said we <br /> don't always agree with our consultants. <br /> Jack then polled the commissioners. Stephanie said she thinks we should Gose the gap in our <br /> law to make sure this never happens again. Mike said he's still not sure there is a gap that <br /> actually allows us to permit a path on a coastal bank. Len said he is also concerned about the <br /> actual construction on the coastal bank in terms of wildlife habitat. Jack said he agrees. He's <br /> been on the Commission for 12 years and we have frequently defended the coastal bank for <br /> many years, and he voted to deny the project. He said we need guidance on voting to deny <br /> under the Act and By-law. Mike said he thinks the DEP is a lot more lenient and provides less <br /> protection. <br /> Ms. Turano-Flores asked for the record why Cass reclused herself. Cass said she works for <br /> Seaview Real Estate which has been involved with the property. Ms. Turano-Flores said <br /> regarding setting a precedent, the biggest concern she hears is that it's true the regulations <br /> must be complied with, but there are many other variables to be considered before making our <br /> decision. She said she asked Mr. Grotzke to pull some decisions regarding a similar situation, <br /> and she presented a 1999 plan with an Order of Conditions at 119 Waterway showing a flood <br /> zone and coastal bank going right through the house. Therefore, she doesn't feel our approving <br /> their plan would be setting a precedent. She noted that the unusual circumstances in this case <br /> and thinks that there are not a lot of lots out there to develop. There are houses up and down <br /> the road and all the experts (except for Mr. Talbot) say the existing habitat values here are <br /> minimal. She said the Town's expert used the words "bare minimum"for cover habitat and <br /> because it's developed on both sides and is such a small lot, it's a rare and unusual <br /> circumstance for which they can meet the performance standards. She said if they could pull <br /> this house off the coastal bank, they would have done it six months ago. <br /> 3 <br />