4/14/2016 CONSERVATION COMMISSION Minutes

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Appleman claimed that the two additional trees were afro hazardous, however, no request was ever filed with the conservation department. 416/15 Violation notice sent to 91 Edgewater for unauthorized vegetation cutting near and on the inland bank, 2 additional trees removed in area immediately adjacent to existing platform and framing for platform addition observed. Agent informed Mr. Appleman that mitigation planting is required for the tree removal and vegetation cutting and to remove all framing from the platform extension. 3/2/16 Agent meets with Mr. Appleman at the property to go over mitigation planting plan and to inquire about an extension to the existing platform. Agent informs Mr. Appleman that he may file for an RDA for the extension but he must carry Out the mitigation prior to any extension construction if approved by the commission. 2112116 Mr. Appleman files for an RDA to request an addition to existing platform. Agent guides him through the process with the understanding that a mitigation planting plan must be presented, approved and implemented priorto any platform extension. Mr.Appleman received a negative determination for the platform extension with the condition of mitigation to be implemented prior to any work taking place. Mitigation was modified to include area of expanded platform. Agent met with Mr. and Mrs. Appleman at their property the following week to go over the mitigation requirements in detail Mitigation would require approximately 1000 square feet of space and be comprised of native shrubs per recommendation of the Agent. 3/28/16 Agent meets with Mrs. Appleman at the property (previously scheduled by Mr. Appleman) to go over the mitigation requirements and answer questions about square footage of mitigation area as well as plant species. Upon inspection of the proposed mitigation area, Agent observed 3 more cut trees, all directly on the inland bank leading to Santuit Pond. Agent asked about tree removal and Mrs. Appleman assumed it was her husband who conducted the cutting. There was no request/approval for this most recent tree removal. Agent informed Mrs. Appleman that a fine will be issued for this cutting. The Agent completed the flagging for the mitigation area. 3/28/16 Upon consideration of the most recent clearing of trees directly on the inland bank and the past violations that have occurred within wetlands jurisdiction on the property at 91 Edgewater, the Agent drafted a violation notice to the homeowners. The violation notice addresses the most recent cutting of trees on the property as well as this jurisdiction under the Chapter 172 bylaw. The notice stipulates that the Agent will be recommending a revocation of the most recently approved RDA permit for the platform extension as well as a requirement of the homeowner to hire a professional landscaper with qualifications acceptable to the commission to carry out an approved mitigation planting scheme to compensate for the loss of several trees and native shrubs on the property, all of which occurred directly on the inland bank or within 100 feet of the top of inland bank on the property. Lastly, the letter makes reference to a fine of no more than $300 for the most recent tree cutting. The violation letter cites that there shall be a public meeting of the Conservation Commission on April 281' during which the Agent will recommend that the commission revoke the existing RDA permit (as authorized in Chapter 172-7 Permits; Determinations and Conditions, Section D: For good cause, the Commission may revoke or modify a permit issued under this chapter after public notice and a public notice and a public hearing and notice to the holder of the permit. The time requirements under 172-5 shall be applicable") The Agent pointed out there was no effort made to contact the office whatsoever and he had no chance to inspect the property because the office was not notified. He said the first thing would be to issue an enforcement order with timelines, typically 30 days for submission of an