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4 <br /> due to its 'instability. Ms. Williams stated that she will be rebuilding in the same footprint/sono tubes but <br /> wants to cantilever out two feet to gain some more space. The Agent recommended a negative <br /> determination. <br /> Motion made, seconded and unanimously carried for a Negative Determination. <br /> 7:24 Bayswater Development LLC, AOC—30 Flat Pond circle <br /> (Vista pruning with maintenance in perpetuity and relocation of proposed house) <br /> (Cass costa recuses herself) <br /> Torn Jalowy stood to represent the applicant. Mr. Jalowy described the applicants wish to be allowed to <br /> do some crista pruning with maintenance in perpetuity. Mr. Jalowy also explained that the applicant <br /> wishes to add to the plant variety in the area, w hich will increase the-wildlife habitat value as well. The <br /> Agent recommended approval and stated that he would meet with the contractor before/during and after <br /> the vista pruning is completed and that the pruning would take place in th6 November to March vista <br /> pruning timeframe. <br /> Motion made, seconded and unanimously carried to Approve the Amended order of conditions. <br /> 1:27 p.m. Robert Santos, RDA—29 Tirnberlane Drive <br /> (After—the—fact stairs with retaining wall) <br /> Robert Santos stood to represent himself on the appli ation.-Mr. Santos explained that his stairs had <br /> washed out and were unsafe. Mr. Santos explained that he had replaced the stairs in the same footprint. <br /> The Agent explained that it was within the50-foot buffer to inland bank and that he saw no problem with <br /> the stairs. The Agent explained that the hearing was purely to bring it bank into compliance. The <br /> Commission questioned whether the applicant should provide mitigation plantings for the stairs. The <br /> Agent explained that there were plantings done and that more mitigation is not necessary for the <br /> application. <br /> Motion made, seconded and unanimously carried for a Negative Determination. <br /> 7:30 p.m. Paul Valentine, RDA—Wakeby Pond <br /> (continued from 07/24/2008)(Replace existing seasonal dock structure) <br /> The applicant requested a two-week continuance until.08/21/2008 @ 7:21 p.m. The Agent explained that <br /> the applicant is awaiting comments from Natural Heritage. <br /> Motion made, seconded and unanimously carried until 0812112008 @ 7:21 p.m. <br /> 7:33 p.m. Egan Dan el, Nol—762 c tuft Rd <br /> (continued from 71 41 o0 (Dern lisp and rebuild new single family hone with decks, driveway, <br /> landscaping, embankment restoration, stairway replacement and associated appurtenances) <br /> John Slavinsky stood to represent the applicant. Mr. Slavinsky explained that the hearing was previously <br /> continued until Natural Heritage comments could be received and until an issue with tree removal could <br /> be handled. Nor. Slavinsky explained that the Natural Heritage comments were received and that they <br /> okayed the application. Mr. Slavinsky also explained that the trees on the bank were staying and that only <br /> few limbs would be removed fronn a beech tree. The Assistant Agent questioned two pine trees marked <br /> for removal on the plan; Mr. Slavinsky stated that those would still be removed and that they were outside <br /> the trees questioned previously. The Commission questioned the setback of the house; Mr. Slavinsky <br /> stated that he had explained at the last hearing that due to grade changes the house could not be moved <br /> back any farther. The Commission questioned whether the bump out could be mored so the house could <br /> be set back. Mr. Slavinsky offered to cantilever the bump out, thereby moving the foundation back. Mr. <br /> Slavinsky stated that moving the house back was considered but that he felt the house was located in the <br /> best possible lotion. The Agent explained that he had asked Mr. Slavinsky to provide both a <br /> construction methodology for the house as well as a narrative on the resource area and performance <br /> standards adherence for the application. The Agent stated that he recommended approval pending <br /> receipt of the narratives and methodology. <br /> 4 <br />