3/19/2009 CONSERVATION COMMISSION Minutes

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Ab 7:36 Richard Proul ,Nol—29 Hamblin Road (Construct and maintain a pool with Bluestone apron, stone wall and relocate septic pump and shed and mitigation plantings)(Continued from 3/5/09) John Slavinsky of Cape & Islands Engineering represented the applicant regarding the construction of swnTnmng pool. Mr. Slavinsky provided a 4-scale plan so that changes made Vnll be evident to the Commissioners. At the last hearing, it was discovered that there was no COC on the existing house, so an application has been submitted to both the Conservation Commission and the Df . Secondly,the revised pool totally 256 square feet, reduced now by 0%, is located entirely on level area away from the coastal bank. As a result the patio has moved and the wall has been eliminated. Ir. Slavinsky stated that this is the smallest pool he has ever brought to the Commission. The Zoning Board of Appeals has asked that the clients be willing to fill in the pool when their son is no longer a resident in the home,to which the owners immediately agreed. The disturbed area has changed anywhere from 3 feet to 5 V2feet. An oak tree will be removed to install the pool,but mitigation has been recommended to compensate for the tree. With the new changesl,the shed no longer needs to be moved. The total area not to be disturbed is approximately 180 square feet. All work headed toward the water is now within the original work limit area. Assistant Agent Leidhold questioned the meadow areas noted 1 on the plan. Michael Talbott of Michael Talbott Associates clarified that the sunny areas be replaced with bayberry and love growing coastal shrubs., .Areas that were originally slated to become the pool apron will feature more shrubs. The list will be updated and the area will be diversified. Assistant,Agent Leidhold pointed out the natural buffer between the wetlands and work area stating that there were not invasive species in that area. Mr. Talbott stated that they did not plan to change that area but to add plantings at the base of the wall. There was further discussion about the location of the plantings on the top of the wall in the original filing to which Mr. Talbott stated that the area would be fully vegetated. Mr. Talbott's plan includes mitigation on both sides of the wall. Assistant Agent Leidhold questioned the width of the apron to which Mr. Slavinsky stated the 3 foot requirement of the Building Department. Assistant Agent Leidhold and Agent McManus questioned the staking of#2 and Assistant Agent Leidhold recommended that the COC for SB 43-1500 be in compliance first and Mr. Slavinsky insisted that the staking is in the correct location. Mr. Slavinsky emphasized that his clients are doing everything they can to make the project work. The COC meeting will be on April 2 if Commissioners prefer to wait on their decision. i lr. Pinaud questioned ho the l 's decision will affect the Commission's review to which the Assistant Agent responded the applicant would need to go through the process again. Mr. Slavinsky believes there may have been some confusion in the records because a COC exists on the dock and the records may not have been properly examined. Asked if here were additional comments,Ms. Costa suggested that the 50 foot setback be more clearly identified from the Bordering vegetated wetland and the coastal bank to the apron and cher stated that the Commission would understand if the setback needed to be under 50 feet. Devised plans will be needed. Mr. Cross and other Commission members felt that conditions set by the Zoning Board of Appeals had no bearing on the decision to be made by the Conservation Commission, Motion made,seconded and unanimously carded for a Continuance until 4/2/09 at 7:36 at the request of the applicant. Motion made, seconded and unanimously carried to move to Executive Session at 8:15 pm. Res lly submitted, f eer M.PIfford Board Secretary 5