3/5/2009 CONSERVATION COMMISSION Minutes

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'Commission has requested 37 trees for mitigation. Agent McManus would like to seek another opinion regarding spacing for 2" saplings because he feels that 12' is too broad. Mr. Savello disagreed and stated that his role was to propose a mitigation plan that would work well for the size ofthe saplings. -The Chair agreed with the Agent regarding an independent assessment and stated that the caliper size was increased because the cutting was so egregious. The Chair questioned use of " versus 2" to which the Agent responded the size would reduce the number of plantings but that it was up to the Commissioners. Agent McManus continued that the applicant seemed to be struggling to find space on the property for the mitigation requested by the Commission. Agent McManus recommends that the Commission consider adhering to the mitigation requirements in the Mashpee regulations rather than the formula of 1 1/ times that number.. Agent McManus also questioned the rationale of preserving the lawn from consideration for mitigation but Mr. Savello responded that all existing lawn will be used for mitigation except for the 15' buffer and area around the septic. Mr. Savello continued that the owner is making the effort to do the right thing. Agent McManus also questioned the necessity of the 15' buffer in areas such as around the drive ay., and feels that the buffer is too generous. Agent McManus noted that the buffer was created in an area where trees previously existed, and trees were cut when they could have been pruned. Ms. Costa requested clarification about the property noting that it was two separate parcels and that the un-permitted tree removal occurred on the property with the house and the mitigation is occurring on the adjacent lot. The Commission is unclear as to whether or not the lots are joined. 1 I . Costa also pointed out that it is advantageous for the applicant to be allowed to plant shrubs in the resource area(bank) rather than replace the 2 trees which were cut down. Ifs. Costa expressed concern that the mitigation is occurring on the adjoining lot where only 3 trees were removed compared to the 7 trees removed from the house lot. Ms. Costa suggested the possibility of more shrubs on the bank and trees above the bank on the left side, due to the egregious nature of the violation. Hifi. Alen recommended the planting of a grove offast growing red maples. Mr. Savello responded that his preference was to plant a smaller diameter sapling but that he can not meet the resulting numbers requested by the Commission, and selected a larger diameter in an effort to meet the diameter bylaw. He has also made an effort to replace the species that were cut. Mr. Gurney asked the Commission if the applicant would have been allowed to remove the trees before-the-fact in a vista pruning request to which Agent McManus responded that no tree in excess of " caliper can be removed according to the bylaws. Agent McManus concluded that his preference would be that the property accommodate more plantings and have a certified arborist assess the property to determine how much mitigation would be allowable, as well as assess the necessity of the 15' proposed buffer. The Chair also expressed concern about the proposal as it exists and suggested that the Conservation Agent work with the applicant to applicant to develop a mutually beneficial proposal. The Chair asked if the applicant wishes to continue to which Mr. Savello asked to speak briefly with the applicant. Mr. Savello returned and requested that a vote be taken to close the hearing. Motion made, seconded and unanimously carried to Deny the Notice of Intent 7:06 Gregory and Elizabeth Stento, NOI— 15 Popponesset Island load Pier ramp floating dock/replace existing dock) (Continued from 215109) Jeff R Cher of BSS Design addressed the Commission regarding the application_ At present,the home is under construction. The applicant wishes to replace a licensed dock, ramp and float that are located close to the channel, relocating it to Popponessett Creek where there is more space. Mr. l yther distributed a CAIS'handout to the Commissioners to indicate that the dock will be located on the widest part of the creek. This hearing was previously continued in an effort to work closely with the Harbormaster t ensure the best situation for navigation purposes. The applicant has reduced the size of the dock f om 108' t ',the boat will still be located in 3' of water at mean love tide, and a letter of approval has been submitted from the Harbormaster. The Shellfish Warden has also submitted a letter of support. mi. yther pointed out that the dock is-shorter than the neighbor's dock and that the float location will be in just over 3' of water. The Harbormaster suggested his preference for the proposed-dock design rather i than a"T" dock design. The elevation of the dock is ' .3, stepping down to 5.5 and provides the � f g