3/5/2009 CONSERVATION COMMISSION Minutes

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to separate the bogs if the Commission so chooses to avoid having Gamer-Farley become more like Quashnet. Commissioner Allen asked about AFCEE's plans regarding berm repair, clean up operations and river realignment, to which Agent McManus stated that Dike Minor will create report that will be tailored specifically to cranberry growers, using more non-technical terms. Overall, the Commissioners felt that the proposals should directly respond to the RFP narrative, allowing a better comparison, since the current proposals represent three totally different responses. The Commission would also like to know in advance what growers will need to get their operation up and running., The Commission will ask that all companies respond directly t the narrative. Hearing Aenda 7:00 Frederick Blythe, NOI—228 wading Place Road (Continued from 914108) This application has been withdrawn. The original application filed in 1992 has been in litigation ever since, so an additional NOI w'a Bled for the sane pier, ramp and float. Litigation has ended, in favor f Mr. Blythe, n all appeals exhausted, so the original 1992 orders of condition were in affect as of December 2008. Orders had expired because of litigation with an abutter, so the applicant filed another NI for the sarin project. This NI is now not necessary. The owner will need to verify that his plans include the changed existing conditions since 1992 so that it is kept on file for the Order of Conditions. 7:03 Cesl vas Kiliulis, N I— 188 and 192 Wheeler Road (After-the-Fact tree removal) Continued from 2/5/09) John Savello, of Savell Associates represented the applicant. fix-. Savello stated that at the last hearing, when he presented the original mitigation plan, the Commission voted to allow mitigation of the two cut trees within the inland bank with shrubs rather than trees in an effort to reduce additional disturbance t F the resource area. There were an additional 8 mature trees cut within the buffer zone to bank which is under 1 la tepee bylaw jurisdiction. The Conservation Commission voted to require the normal amount of mitigation (one to one) and another 1/2% due to the egregiousness of the violation. The applicant added the total inches of the 8 trees for a total of 7 " caliper. The bylaw requirement would require -1" trees r 7-2"trees. The Commission vote brims the number up to 55=2"trees or 110-1" trees. A detailed survey of the property was conducted to include the house and undisturbed woods, and included a 1 buffer zone around the house, eliminating it as an area to plant the trees. Mr. Savello stated that it was not proper to plant 2" trees within that zone because the growing trees could create problems with the house r decks in the future. The remaining space available for plantings includes the existing lawn area outside the undisturbed area and the septic area, where they do not wish to plant. Mr. Savello stated that the 2101) trees they intend to use are not container grown and are 1 ' high. when planting the trees, Mr. Savell indicated that they would place thein 12' on center, stating that anything closer would reduce the survival rate resulting in a ' radius around each tree. Given the available space, the applicant proposes to plant 14 trees, 7 red maples and 7 black oaks. To mitigate to the Commission's request of 55 trees, the applicant would have to plant 40 more trees which they feel can not fit in the area, the planting scheme would be too tight. Using the 1" tree, and abiding by ' on center, would result in I 10 plantings that would not fit in the area they have available. The applicant will transplant 21, 2 gallon shrubs of blueberry and sweet pepper bush on the bank itself and hopes that the plan is acceptable to the Commission. Agent McManus asked for clarification of the total number ofcut trees to which Mr. Savello responded that a total of 10 trees were cut including the 2 on the bank itself. Agent McManus is amenable t planting the shrubs on the bank to avoid additional disturbance. Regarding Mr. Savello's recommendation of 12' on center for 2" saplings, Agent McManus noted that the M"tigati n Regulation 12 does not recommend spacing but suggests planting in clusters and groves as is found naturally. Agent McManus s does not feel that decreasing the spacing will affect the survival rate since there is proof dir, tly n the property of trees growing in clumps. Although 14 trees have been proposed,the 3