6/26/2008 CONSERVATION COMMISSION Minutes

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*f - 7:03 Kathleen.and Michael Bowler, NOI—37 Birch.Way (Continued.from o '12 o )(Pier, float) Don Monroe of coastal Engineering stood to represent the applicant. Mr. Monroe described the applicants wish to install a pier and float. He explained that the.hearing was continued multiple times while they waited for-the results of the Freshwater Mussel surrey they were required by Natural Heritage to do and Natural Heritages final approval. Mr. Monroe explained that the comments and approval as back and that conservation did receive.a copy of their approval letter. IIIb. l lbnra further explained that Natural Heritages letter approves the relocation of the mussels in.the pier/float area. The Agent asked IIIb. Monroe if the mussels had yet been moved, Mr. Monroe stated that they had not yet been moved and did not need to be until the construction begins. The Agent explained that he would like a copy of the survey findings as well as he will be wrfting all of Natural Heritage comments into the order of conditions. The Agent stated that he does expect monitoring of the mussels survival and updates on their condition. The Agent recommended approval. Motion made, seconded and unanimously carried to Diose and Issue. 7:06 p,m. Susan Womick and Debra Avast s, RDA#—1 Deans Hollow ted (Construct a 10'x 25' patio) Susan Wornick stood to represent herself and the other applicant. She described their wish to install a 10'x 25' blue stone patio and explained that she had submitted a land sketch of the proposed patio. The Agent-explained that he had tried to research what was there before; he could not.find an order that mandated natural vegetation in the proposed location. The Agent explained that he was told that a vegetable garden was tried in the location but that it had failed: probably due to the salt exposure. The Agent read from CMR 172 and highlighted that such a project can be approved if there would be no adverse affect on the coastal dune. The Commission questioned what type of material:would be used-, Ids. Wornick explained that it would be blue stone pagers. The.Commission also questioned the possibility of problems with run off. The Agent explained that similar projects had been allowed before. The Agent asked Ms. Womack if she could use hard packed sand and leave space between the pavers to help with any run off as well. The Agent also asked that the applicants plant bead grass near the fence to help with the runoff and stability of the area. Ms. Wornick explained that they would be happy to add the beach grass as part of the project. The Agent recommended a negative determination. Motion.made, seconded and unanimously carried for a Negative ative Detemninati n. 7:09 p.m. Robert white, 01 Leary Family Trust, Not 16 Tus pa u1n Road (Seasonal pier and float with maintenance in perpetuity D ntinued from06112/2008) Commissioner Fitzsimmons-read a letter from Lori Corsi of the Zoning Board of Appeals.The letter stated that she felt the matter should be forwarded on to.Town Council. John Slavinsky of cape and Islands Engineering stood-to represent the applicant. Mr. Slavinsky explained that he researched the area.and found that the groin that the float/pier will be located on is a licensed groin. He explained that he would be meeting with the Zoning Board of Appeals to apply for a special permit though he feels one is not necessary in this case. lir. Slavinsky stated that the pier and float are 100 Natural Heritage compliant and that the pier/float meet all Conservation performance.standards. The Agent explained that the project does meet the performance standards. The Commission explained that they would not be able to approve the project without hearing what the Zoning Board of Appeals has-to say. Mr. Slavinsky agreed to a two- week continuance but asked tliat he be allowed to say that It meets the performance standards. The Agent and Commission okayed Alar. Slavinsky stating that the pier/float meet the performance standards without approving the application. Motion made, seconded and unanimously carried for a continuance until 07/10/2008 @ 7:18 Play, 3 r