12/4/2008 CONSERVATION COMMISSION Minutes

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} C discussed the importance and necessity of considering the mitigation plans in relation to the building plans. Mr. Cross suggested that the plan be accepted in order-to consider the entire project. The Chair added that there were a number of people who may have wished to review the landscaping plans, but did not have an opportunity. should the project be approved, and someone cane forward stating they did not have an opportunity to view the plans, it may be grounds for an appeal. Motion made and seconded to accept the mitigation plan as presented for discussion and for approval or disapproval tonight In favor: Mr. Cross and Mr. doers. opposed: Chairman Fitzsimmons,Ms. Costa,Mr. Pinaud. The motion is declined; the landscaping plans are not admissible. It was deter fined that the building plans may be discussed, but since the mitigation plans are crucial to the decision, the applicant will have an opportunity to present the landscaping plan at a later date. Agent McManus asked�&. Slavinsky if he wished to continue his presentation knowing that the mitigation plans can not be included for consideration at this time. lir. Slavinsky responded that the building plans represent 794 square feet of mitigation and 675 square feet of rain garden and is short 0- 0 square feet of mitigation on his plan. A piece of his filing will remove invasive species, eliminate a lawn and offer a four bedroom home. Mr. Slavinsky also noted that a triangular portion of the deck does not appear on the plan submitted on June 1985 for the original house plan. A piece of the deck is outside of the footprint and therefore i illegal. fir. Slavinsky requested a continuance to December 18 to ally for the inclusion f the mitigation plan. David I wark was recognized by the Commission to spear as a representative for abutters Greg and Eileen Tyge. 1&. Dwaark had attended a previous meeting to address the matter and express abutter's concerns about the project. Since that time, an environmental consultant has been hired to review the plans submitted by the applicant. Mr. Dwark stated that a number of concerned citizens had appeared to be heard by the Commission and, despite the applicant's late filing of the landscaping plans, he urged the Commission to allow the consultant to present the concerns about the demolition and reconstruction of the project. Chairman Fitzsimmons allowed the presentation but noted that the Commission will not be voting on the issue tonight. Arlene Wilson, Environmental Consultant, addressed the Conission regarding the plans to demolish and reconstruct the hone. Ms. Nilson compared the new and permitted douse to the existing home. Based on the plan Vis. Wilson had, the yellow area represents the new home which is much bigger than the existing home. Ms. Wilson noted that there may be a graphic issue because there are two questionable areas outlined in red on the street side of the house. If it is not a graphic issue, then the plans indicate that the home's footprint will be 900 square feet larger than the existing home. Although.the proposed pool deck is smaller than the existing one, Ms. Wilson believes that the deck and the house as proposed may be more than 15%bigger than the current hardscape. The light blue color represents the footprint of the deck that was permitted in 1985 and the red striped area i the deck which is beyond what was permitted. Ms. Wilson also pulled the assessors file, which indicated the house was measured in 1993 and the.deck was similar to the permit but closer to the coastal bank, although it slid not have the large bump out. Among the concerns Ms. Wilson addressed are the close proximity of the excavation to the top of the bank. The pool wall will be 6'-7' to the top of the bank and the sandy soil does not hold up well and will require very strong construction protocol. Ms. Wilson wishes to know where the equipment will be staged, what kind of equipment will be used, the eight of the equipment, what does the pool look like, how deep will it be, where are the mechanics. Also, two of the rain gardens are within one foot of the top of the bank where it will concentrate the discharge possibly creating weak points in the bank. The conversion of a wood deck to concrete would not be better environmentally due to the ranoff issues. Ms. Wilson also expressed concern about the excavation of the house since it has been moved closer to the bank. Ms. Wilson questioned allowing someone to continue 5