2/19/2009 CONSERVATION COMMISSION Minutes

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Motion made, seconded and unanimously carried for a Continuance until 4/16/09 at 7:00. 7:03 pm Carol and Robert Graham, Trustees, NOI—5 Ocean Bluff Drive (Renovate and upgrade the existing dock, remove and replace existing platform and re-vegetate the disturbed area) Motion made, seconded and unanimously carried for a Continuance at the request of the applicant until 3/19/09 at 7:00. 7:06 pm Kenneth Marsters, NOI—77 Bayshore Drive (Vista pruning and vegetation control) John Slavinsky of Cape and Islands Engineering addressed the Commission on behalf of the applicant. Mr. Slavinsky noted that the applicant's measurements for vista pruning end before the marsh where the property line is located. The plan identifies 34 feet at the bottom of the bank and 27 feet up at the house. Agent McManus, upon inspection, discovered that some clearing had taken place on the bank. Mr. Slavinsky clarified that the vegetation control is the same as vista pruning. Since the vista pruning took place without a permit, Agent McManus does not feel it is appropriate to allow maintenance in perpetuity. Additionally, there is no longer a great need for additional vista pruning other than maintaining the shrubs at 6 feet, the height required in the bylaw. Agent McManus also suggests confirming the 34 foot linear measurement to ensure that additional clearing has not taken place and supports a close and issue without maintenance in perpetuity. The Chair read a letter from an abutter at 416 Thomason Road expressing concern about pond water conditions and the threat of eliminating protective vegetation in perpetuity. Motion made, seconded and unanimously carried to Close and Issue with no maintenance in perpetuity and the Conservation Department will confirm that the view corridor is limited to 34 feet otherwise mitigation will be requested. 7:09 pm Cornelius and Maureen Ferris, RDA—38 Seconsett Point Road (Replace bracing and decking on existing dock, remove and replace existing platform and re-vegetate the disturbed areas) Jack Landers Cauley is representing the applicant for this project. It was discovered that there were a number of irregularities during the process of the removal and rebuilding of the home. The applicants wish to remove the platform from the left of the dock on the salt marsh to be relocated to an upland lawn area, repopulating the marsh with plants. Additionally, the dock requires routine maintenance such as diagonal bracing and 1/3 of the deck. No pilings will be replaced. The owner also wishes to rebuild the deck within the three years permitted by the RDA. Assistant Agent Leidhold compared the original mitigation plans to the new plans and determined that plantings have decreased by 17, due to the relocation of the platform and the necessity to compensate for the platform. Mr. Landers Cauley believed that the original plan identified additional plantings. Ms. Costa pointed out that now the platform would be moved to a location originally slated for mitigation. Mr. Landers Cauley indicated that if the Commission wishes to add the additional plantings, the applicants will be willing, and he can meet directly with the staff to determine the location of the plantings and update and re-submit a plan for the record. The Commission discussed whether concrete existed under the platform as well as the new ramp. Mr. Landers Cauley stated the platform was built after 1978 and any concrete blocks would be removed. Concern was expressed regarding the unlicensed ramp sitting on the ground. Mr. Landers Cauley does not know the history on the ramp but did check on Chapter 91 regarding the ramp, and confirmed that it is a local issue. The Chair stated that all ramps require Commission approval. Assistant Agent Leidhold recommended that the dock repairs be included on the RDA but the additional work (ramp, mitigation plantings) be included in an amended order requiring conditions. Motion made, seconded and unanimously carried for a Negative Determination on the RDA for the dock repair and refile an amended order for the ramp and relocation of the platform. 4