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there will be mitigation plantings at a ratio of 3 to 1 planted in the areas that will be affected by the <br /> construction. The agent recommended approval. The Commissioners ioners conditioned that a house plan be <br /> submitted as part of the approval. <br /> Motion made,seconded and unanimously carried to close and Issue. <br /> :09 p.m. Kenneth I larster , NOI x-10 South Sandwich Fid <br /> (Remove ove old vegetation and construct driveway on each lot with mitigating appurtenances) <br /> John slavinsky of cape and Islands Engineering representing the applicant described their wish to <br /> construct a driveway on the property. The driveway had been previously approved but the permit had <br /> expired.The area was cleared, and the cut-ins for the driveways still exist. Mr. Slavinsky has filed with <br /> Natural Heritage and is awaiting a response as far a vernal pool in the bog area is concerned. The agent <br /> does want that information as a condition of this approval but in his on site did see the necessary setback <br /> to that area. The plans call for no additional tree removal which was the only concern raised by the <br /> abutter present. The only suggestion to Mr. Slavinsky was that they look at the trees they are planting due <br /> to ars increase in a pine-eating pest. The agent recommended approval with the condition that the vernal <br /> pool information be provided upon receipt. <br /> Motion rade, seconded and unanimously carried to close and Issue. <br /> 7:12 p.m. Frederic Blythe, N01—228 Wading Puce Rd (Permit and construct a pier, ramp and float) <br /> Norman Hayes representing the applicant described the applicant's.wishes to erect a dock, float and <br /> ramp on his property. Mr. Hayes explained the long permitting history on this project; it goes back to the <br /> 90's. The original plans have been altered only slightly,the dock has moved to the west a few feet, and <br /> the boats are to be moored steal facing the creels. The dock will be a shared dock with the Siegfried's,the <br /> next-door neighbors-and will sit on lot lime between the two houses. The dock will be three.feet wide and <br /> the floats on the end with are removable, removed after the summer. The applicant and representatives <br /> 'do feel that no rights of the abutters or public will be interfered with. Due to the history here a leder was <br /> read drafted by Town Council in which it is stated that the two legal actions currently pending with <br /> Mr. lythe have no affect on this filing and should not be included in the decision. The Shellfish Constable <br /> had submitted a letter to the Commission as well regarding Mr. l the's application. He expressed <br /> concern over the shellfi h in the dock area and whether they would be smothered by it during low tide. <br /> 11r. Hayes responded to this letter by stating that he did a sounding study three days prior and that the <br /> shellfish would not be smothered at mean low tide,that there was room to get an 18'n quahog rake under <br /> the dock even.at that time, An abutter letter from Mr. Joh O'Neal expressed some of the sante concerns <br /> for the shellfish population and fishing in the area. Nancy Caffyn of 218 Wading Place Rd raised the sante <br /> concern and added the concern for child safety. The area that the dock is planned for has been a <br /> playground for children for many years and she fears that the boats and dock will make it unsafe for them <br /> to continue to be there. She dict state that she has dome her own rneasurrnents as far as 709 <br /> out and that <br /> she does not feel the report done by Mr. Hayes is accurate. Mrs. Caffyn also expressed concern over the <br /> dock being built on what she feels is Lot B not Lot A as reflected in the application. The agent stated that <br /> in his conversation with the Director of Assessment that R is only one lot legally. Mrs. Caffyn requested <br /> that in writing as she feels it is opposite to what she understood from the Assessor's Department. Mr. <br /> Paul Whiteman (counsel)for Mr. Blythe dict state that the lots were one lot not two as Mrs. Caffyn <br /> asserted, He also felt that some of the issues she had raised were for the Zoning Board of Appeals and <br /> that they had been discussed there as well. Many other abutters spoke to the safety concerns for the <br /> children as well and the enticement of a dock. The agent agreed that thea were some safety issues but <br /> that they were out of the purview of the Commission and that parental supervision could solve most of 5 <br /> those concerns. Mr. Bob eolantuono wanted clarification as to his,rights-around the dock,` He asked if he <br /> could climb over the dock and shellfish under it. Mr. Hayes, as well as the agent, clarified that he does <br /> have the right to walk around, over and shellfish under and near the dock. Mr. Hayes reiterated that there <br /> is no intrusion on the rights of the public by the dock, float or ramp.Another abutter expressed the same <br /> safety conceals as the others as well as a concern for the accuracy of Mr. Mayes numbers when data is <br /> based on a figure from 1942. She has measured it herself from 0% 80 and 'out and the grater was <br /> well below 1 '5. she belieVes that the kayaking ire the area will stop and that her family will not be able to <br /> safely shellfish there with the dock constructed. she also felt that the Commission was being biased <br /> 2 <br />