4/14/2016 CONSERVATION COMMISSION Minutes

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acceptable mitigation plan and 60 days for implementation. The violation notice stipulated that once the Commission approves the extension of the deck platform, the mitigation had to take place prior to that extension taking place. Mr. Appleman said he made a mistake but when he moved in there were a number of trees that had to come down and they were hitting the house. He did cut down two trees that were hazardous. In the future he will not do anything without permission. He asked they accept his apologies for his actions and that it won't happen again. He said he was supposed to plant 90 shrubs and was hoping to plant 20 to 30 and them have the Agent inspect to see if they are doing it correctly. It was noted Mr. Appleman needs to have a formal plan. There was a discussion on how to remedy the situation. It was determined Mr. Appleman get a professional landscaper to develop a design for the mitigation plan. Mr. Appleman explained he cut the trees on the bank because one of them was cracking and the other was leaning and he stated he made a mistake and should have called the Agent. The Agent stated the reason he is asking for a revocation is due to the history of non- compliance which needs a formal vote. The Agent noted the office has a long list of professional landscapers. No comments from the public Motion: Mr. Shaw moved to revoke the permit, seconded by Mr. McKay. Vote unanimous 4-0 Motion: Mr. Shaw moved to assess the $300 fine, seconded by Mr. Anderson. Vote 2-2 Mr. Anderson yes, Mr. Shaw, yes, Mr. Sweet, no. Mr. McKay no. Motion does not pass. Motion: Mr. Shaw moved to require a landscape plan to be submitted within 30 days and executed within 60 days from the day the Agent issues the enforcement order by a professional landscaper. Seconded by Mr. McKay vote 4-0 The Agent said he would draft an Enforcement Order which would have specific.timelines. Typically, 30 days for submission of plan and 60 days for work to be completed, The Commissioners agreed that the plantings could be inspected by the Agent in increments. The Agent summed up to Mr. Appleman. He will be issued an Enforcement Order with strict timelines as to when he should hire a contractor that is qualified. The Enforcement Order will also have a timeline on the completion of the project, It is up to Mr. Appleman whether he wants a contractor to do the planting or if he wants to do it himself. The previous RDA for the deck extension is revoked and he will not have a deck extension. There will be no fine. Update: Conservation camera images -- Mashpee Police Department assistance John's Pond Conservation Area The Agent sad they captured images on the conservation land. The police did catch the person moving a boulder and he will be issued a fine for vehicular trespassing on conservation land. Update Briarwood Association (photos of mitigation work) The Agent contacted the attorney for Briarwood who contacted the President because the drainage swales that were created to drain the wetlands have never been addressed. The President said as part of this project they were waiting for the contractor to regrade the road,