10/7/2010 CONSERVATION COMMISSION Minutes

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Applicable Resource Area. Johns Pond: Land Under Water Falmouth Engineering has requested a continuance as they are stili waiting for a comment from ESA. Lotion made, seconded and unanimous l carried for a continuance unti112/02/10 at :00Pm 7:03 /Warren Fields SE 3-2623 12 P pp nesset Island Fid.) Restore re 800 sq.ft. of cleared land with native trees and shrugs - N01 Resource e w Coastal BanklBuffer to C asa Bank Jack Vaccaro from Vaccaro Environmental Consulting explains this is a / Mice of Intent that was submitted in response to an Enforcement Order than was issued to Mr. Fields in ,dune. There were two violations and the first one was for unauthorized clearing along the coast bank and the second one was an unauthorized placement of a wooden patio. The Conservation Agent strongly urged that each issue be addressed separately and the first application should be for the clearing of vegetation. The second NOI will be submitted t m rr w for the patio. The consultant stated that the area of the clearing was heavily vegetated mostly with overgrown vines and poison ivy and a lot f bittersweet. He went on to describe than the trees, for the most part, were kept and the clearing extends to the top of the coastal bank. He claims the owner did not know than he was doing anything wrong by clearing the crines and poison ivy. He had maintained many of the shrubs and trees. Mr. Vaccaro explains that they are proposing to restore approximately 800 sq. ft. The proposed planting is in the area of the coastal bank extending north to the tree area. The band needs something established so than the exi ting'bitter weet can not get a strong foothold. They will plant primarily bayberry with beach rose at the top and adding a couple of trees. Mr. Vaccaro also mentions that they aright propose adopting a 11no mow" area in the other area that was cleared and is open for discussion in terms of restoring that area. Agent McManus states that the mitigation plan is fine and that he is okay with the "no mow" zone. There were some large shrubs that were cut in the buffer zone but he states that allowing re-growth in the "n -mow" zone is acceptable. The priority is neve etating the bank. He would also like t mention that because this is under an enforcement order, the order did stipulate a specific date when the mitigation was to be submitted (June 1 , 2010). Iter as not received thea-arid under Chapter 172, there is a penalty schedule so the Agent would life to recommend a $100 fine for failure to meet the filing deadline. Mr. Sweet suggests that the fine should be more severe and recommends $300.00 which the Chairman agrees as well. -Commissioner Gurnee also pointed out that based on the wording in the by-law, the violation can be fine-able on a daily basis, with each day constituting a separate violation and thus a new fine. The Agent also recommends waiting t plant until net spring season bdcaue to plant now will risk damage by frost. Motion made, seconded and unanimously carried to close and Issue with modification f$300 penalty fine 7:06 Stendahl Condos SE 3-262 (251 Shore Drive) Create/construct walking path, remove creosote timbers and replace-with dry laid stone wall, removal of invasive plant species and replantlrvegetated, Vista Pruning - NOI Resource Area. Inland Bank leading to Deans Pond The applicant requested a continuance to October 21, 2010 due to a scheduling conflict because of recent weather. Motion made, seconded and unanimously carried for a continuance until 10/2-1/10 at :'1 pr