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notion to set time for the owner to comply associated with the Enforcement Order. Mar. Pinaud asks if there <br /> is a customary time frame and Agent McManus responds that there is typically 10 days. <br /> fir. O'Neil requests to address the Board again. e would.like to state the scope of the work involved in <br /> ming to comply with orders and that he disagrees with 10 days. He would like to have a reasonable amount <br /> of time, hoping that they might be able to work something out. Mr. ONeil states that they have been trying <br /> to work with the neighbor and they haven't thumbed their nose t anyone as the reduction driveway and <br /> placement ofgrans-shows. Mr. O'Neil isjust askiffing to be iven sucient time to try to both comply v ith <br /> the order and also talk to the owner. Vice Chairman Shaw Mates that it has to revert to the plan of record and <br /> why would Mr. O'Neil need additional time for that. 1r. O'Neil explains that it is a lot of work and they <br /> also have to figure out where to begin and Nice Chairman Shaw responds that if they can at least begin <br /> within 10 days,why would that be difficult. Mr. O'Neil explains that they would have to get people over <br /> there to be able to take away the pavers and they have to study the effects as the septic system is being <br /> protected by the pavers. Mr. O'Neil is asked what time is reasonable in his opinion and he responded 30 <br /> days. Mr. Cross states that he is not adversable to 3 o days and asks Mr.-Gamer to if he will agree with it. <br /> Mr. Ca erato states that 30 days is acceptable but how long it will go n after. Agent Mci ianu sues that <br /> if the Commissionis 3o days and the process is not started by that UP day,than fines will start being <br /> � y <br /> levied on the 31 day. Mr. Pinaud asks what the recourse is if they do not finish once started and MT. Allen <br /> recommends a completion.date. It is suggested that.it should not take more than 60 days for completion. <br /> Agent McManus states that fines levied could be up to $300 per day but it its up to the Commission to decide <br /> on amount. <br /> Motion made,seconded and unanimously carried to Close and Issue the Enforcement Order. <br /> 7:12 Save Popponessett Bay Assoc.,NOI Wading Place Rd, -Construction of drift fencing n <br /> Popponcssett Spit(Continued from 8/06/09) <br /> Agent McManus states that they are still waiting for a letter from Natural Heritage and have requested a <br /> continuance. <br /> 5 <br /> Motion made seconded andnanimou l carried for a Continuance until 9103109 at 7:09 pm at the <br /> . y <br /> request of the applicant* <br /> 7:15 Michael Corwin,RDA "ells Pond) Remove two trees and maintenance pruning <br /> Brian Casey from Casey Landscape&Arboriculture represented the applicant and is asking to remove one <br /> oak tree and one pitch pine tree. This RISA was continued from August 6th as Mr. Casey needed to consult <br /> with lir. Corwin regarding mitigation versus leaving a snag in which a homeowner hay geed to o both. <br /> The owner would like if possible to reduce the snag to about 10' and Mr. Allen questioned the height. Agent <br /> McManus sues that this is a typical hazardous tree proposal and if the tree were to fall, it is possible that it <br /> will hit the house as it is approximately o' tall. A.hazardous tree does not warrant mitigation roles because <br /> it is an imminent circumstance. -Mr. Gurnee asks how it is determined that the tree.is hazardous and.,Agent <br /> McManus states,that Mr. Casey is a Certified Arbonsts and Mr. Casey states that the tree has been <br /> completely dead for over a year. Mr. Casey states that they are willing to leave the wildlife snag and also <br /> wil1ing to plant a -10' Dogwood tree in the area. 11r. Ten states that a 10' snag would loop like a fence <br /> Post and should just be removed. Agent McManus states that snags can benefit Wildlife habitat as stated M* <br /> our regulations. Mr. Cross asks Why it Would be left at lo' as the house is almost 30' from the tree and fir. <br /> .Allem responds that it is not only the Douse but there is an existing walking path within 10". Mr. Casey <br /> would like to state that the homeowner Would prefer to remove it altogether. Agent McManus states that the <br /> tree removal should be looked at from a wildlife habitat standpoint and mentions and that the Commission <br /> decides should consider one of two things; either remove the gree or leave the snag but regardless of either <br /> 6 <br />