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7: 30 Stephen Berish-To install a hot tub/jacuzzi and deck- <br /> surround attached to an existing deck at 37 Keel Way, Assessors <br /> Map 120, Block 133 and Map 125, Block 2459 . <br /> The Chairman recognized Wayne Tavares, Tavares Land Design, <br /> representing the Applicant. <br /> Mr. Tavares provided a visual-plan indicating the existing <br /> house/deck is located on two-lots previously permitted by the <br /> Commission. He explained the Applicant would like to add a <br /> spa/deck addition stepping down from the existing deck. He <br /> indicated previous flagging which has been reverified and <br /> reflagged in the field, it maintains a 50 foot setback. <br /> DEP File No. 431930, cannot exceed fifty (50) feet from the <br /> riverbank. <br /> He indicated the vegetated area with existing indigenous <br /> shrubs; there will be no grade change; the area has been mulched; <br /> there will be no intrusion on the vegetation, for the 209 square <br /> feet of area being covered, there will be 453 square feet of <br /> shrub area (planting list) . <br /> Mr. Sherman clarified the intent is to disburse the <br /> plantings where most needed. <br /> Mr. Tavares stated he feels no heavy equipment will be <br /> necessary to complete this project with the possible exception of <br /> having the jacuzzi delivered; the structure is to be hand built <br /> in the same style of the existing deck; the jacuzzi is self <br /> enclosed, the mechanicals are to be located under the deck. <br /> All known Conservation regulations have been observed. It <br /> will be necessary to appear before the Board of Appeals for <br /> approval of a variance for a sideline setback, April 26th. <br /> Mr. Johansen made reference to the supplement furnished by <br /> the Commission, noting there is a portion which has not been <br /> filled out, the attestation of ownership, permission form. The <br /> tax information is in order. <br /> Mr. Sherman informed the Commission that the 1997 vista <br /> pruning and perpetuity protocol has been exceeded. Shrubs have <br /> been cut to 3, 3 1/2, and 4, which is in excess of the 5 feet <br /> stipulation. He suggested this matter be continued for two <br /> weeks, that he meet with Mr. Tavares on site in order to improve <br /> the proposed revegetation plan. He feels he would not be able to <br /> recommend the plan otherwise. <br /> The Chairman then recognized Stephen Berish, Applicant, who <br /> agreed there are some areas on the property where the vista <br /> pruning has been exceeded. He apologized for those areas in <br /> violation, stating however that the majority of the work had been <br /> -12- <br />