9/4/2003 CONSERVATION COMMISSION Minutes

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• deck, have had to put in a retaining wall which cost more money, they can't have a patio, and they learned today that they can't spread dirt to prevent bringing sand inside. She said they need a handicap ramp on the side of the stairs, and Cape & Islands told them that adding a handicap ramp to their proposed deck would not be a problem -- all they would be adding was a wrap-around to get to the stairs. Jack said they should have called Mr. Sherman instead of Cape & Islands. Bob said he saw multiple violations and the plan is not in conformance. He recommended they withdraw this application and we will issue an enforcement order for all the violations. They can come back with a new plan to correct all the deficiencies. They can have a lawn and a lot of what they want but not everything they want because it doesn't meet our By-law. He said the 35 ft. zone in front of their house is supposed to be a naturally vegetated buffer zone under our By-law. Michael said they've been permitted to fill half of that wetland area, which is very generous, because the Act requires that more than double that area be replicated someplace else, and nobody is requiring them to do that -- they were given a 600 sq. ft. wetland replication gift. Mr. Avitabile said they were never notified of the Wetland Act. Bob said no one is notified until they applied. Bob's recommendation remains the same. There are significant violations and the plan is not in conformance. He said 1) if they do not wish to withdraw it, he will issue an enforcement order for restoration of the disturbed areas and for permitting the deck and the driveway, 2) If they don't want to withdraw it, we will deny the amended order because the plan is not even close to being in conformance with our standards. He said the deck is approvable if they apply properly and show it on a plan. Bob said they can withdraw, but if he doesn't withdraw, this plan is not acceptable and we would have to reject it. He can reapply to do a proper landscaping plan, but the order will also specify that according to our normal standards, when vegetation areas are destroyed in areas that were supposed to remain untouched, he has to supply us with a revegetation plan. Bob then said we can continue this if they supply a revegetation plan for the area where the vegetation was removed, which would not require a new filing and thereby save that expense. They can continue the hearing, if the Commission so chooses to allow, to file a new plan. Bob had expected to give them today a copy of a plan that would pass, but when he saw the violations, he thought it was a moot point. They can get the deck approved, probably can't get the patio approved the way they want it, they can get a lawn approved. They will have to readvertise and renotify because the deck and driveway were not part of the submission. • a