3/5/2009 CONSERVATION COMMISSION Minutes

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i "lateral access at mean high water mark and sunlight to pass through to the salt marsh, exceeding the ' rine. Additionally, 0% of open area on the decking above the marsh and bank will allow sunlight access IF transition to standard decking m using 1"x ' planks. ��Ir. her also noted that the and then trans g ater�al, use Ryther applicant will continue to use the current dock location for this summer because a new license will not be available for 8 months. Chapter 91 will receive the new plan after the Conservation Commission's ruling but the DEP has a copy of the plan. Agent McManus questioned what will happen to the existing pier, ramp and float to-which Mr. Ryther responded that the existing float would be moved to the new location. Mr. Ryther added that the existing ramp and metal framework will be removed. Agent McManus noted that the DEP guidelines suggest a maximum width of ' for the elevated walkway and pier but the plan lists it as 57. Mr. Ryther responded that ' of decking exists but the usable area is ', but they can reduce the decking. Agent McManus quoted the small dock DEP guideline on dock width. The Chair requested that the plan for the dock read 4'x46'. NIS-. Allen questioned the method to be used for installing the pilings to which Mr. Ryther indicated the intent to place by jet and hammer there in. The Commission discussed various methods and pointed out that the bylaws call for mechanical driving with the intent to reduce the amount of disturbance. Mr. Cross wants to ensure that the bylaws are enforced regarding installation of the pilings. Mr. Cross also expressed concern about the narrowness of the channel near the existing dock. Ms. Costa questioned the extension of the property line into the water and why it i perpendicular to the bank. Mr. Ryther suggested that the property line does not extend into water because it is state property, requiring a license. Agent McManus asked for the setback distance from the neighboring dock to which Mr. Ryther responded was 11 '. The Commission expressed concern about the property line extending into the water and whether or not legal counsel should be sought and Agent McManus responded that the Commission's consideration should be regarding the project's performance standards. The Chair agrees that it has nothing to do with the performance standards but ownership issues and whether or not the dock is on someone else's entitlement. Assistant Agent Lexdhold recommended the Commission consider a Close and Issue pending additional information regarding the property line along with the Chapter 91 license outcome. Motion made, seconded and unanimously carried to Close and Issue pending clarification of the 'dock location. 7:09 John Mates,Nof—53 Hooppole Road (After-the-Fact season dock) (Continued from 2/5/09) Motion made, seconded and unanimously carried for a Continuance until 5128109 at 7:00 p.m. at the request of the applicant. 7:12 Stephen and Kathryn Marshal , NOI— 51 Timberlane Drive (Replacing existing 5'x18' float with new 5'x20' fixed platform, reconstruction of access steps, installation of a ' l ' ramp and an WOW float) Motion made, seconded and unanimously carred for a Continuance until 4/2/09 at 7:00 p.m. at the request of the applicant. 7:15 Daniel Goulet, RDA—213 Monomoscoy Road (After-the-Fact removal of 3 trees and wishes t prune remaining trees In close proximity to the house) Steve Goulet addressed the Commission as a representative for the applicant. Agent McManus met with the applicant because he had inquired about the removal of trees. Trees had been flagged, possibly located in Flood Zone A so the Agent encouraged the homeowner to investigate whether or not the property falls within the jurisdiction of the Conservation Commission. while onsite with the homeowner, the Agent made a passing comment regarding a beetle damaged pitch pine that could pose a threat to the hare, and suggested that onsite permission could be granted for removal provided a letter is submitted,for approval. Since that time, 3 trees have been cut down without a permit, including the pitch pine. The 5