12/2/2010 CONSERVATION COMMISSION Minutes

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7:27 Mary Ma suga (126 Captains Row) Replace existing check and s n to es (additional two) and replace front entry steps and platform with larger design — RDA Resource Area rt Buffer zone to fiverfront: Mas ee River m �� submitted: Plan Accompanying Elva & John Rya License & M n D Ck Ramp & Float(highligh ted areas of improe mn s) I li'2211 0 Cape Cod Construction Services. Black & White PhDtos Lauren L u nsbury from Cape Cod Construction Services is representing the applicant. They are proposing to remove the rear deck and replace using the existing footprint but the footings are not to the current building code so they will need to be dug to the ' code. It will be hand dug and n vegetation will be disturbed. They would like to also replace the front staircase which sits on concrete blocks so they will be required to replace those with the ' s n tubes. They will have t remove a couple of small ornamental shrubs. Motion made, seconded and unanimously carried for a Negative Determination 7:30 Amended Regulation : Docks and Piers. Including the deletion and amended as reserved statins for future regulations of the contents of Regulations ns '1 (Floats), and 11 (Docks/Piers and Identification Numbers). Chairman Fitzsimmons reads the publication for the record. Agent McManus states that the purpose of this scheduled hearing is to invite public comment. He mentions the only addition is the Shellfish Constable's recommendation of the signage. 8) Warren Fields 12 Poppneset Island Road: Agent McManus explains the background information regarding 12 Popponesset Island Fuad and the construction of a seasonal deck within 30' of a coastal bank. He had received a phone call about a deck being constructed so he went -out to inspect and found the contractor in which he then issued a Stop work Order. The workers understood after the Agent had explained that a permit was required for the deck. Prior to the deck, the owner/tenant had cleaned some vegetation on the coastal bank and violation notices were also sent out for that incident ars well. The Agent states that he went back out to the property a couple of days lamer and everything was still the same as the workers had left all materials in the same place. He then returned approximately a week or two weeks later and at that time, the deck was completed. He also received another phone call from an abutter stating that the deck was finished with furniture on it. Agent McManus then mailed an enforcement order to the owner to come forward to permit the deck along with the coastal bank/vegetation with a filing deadline of June 10, 2010. He states that no permit requests had been received by the filing deadline and as per the Conservation fine schedule under the Chapter 1 bylaw: Failure to comply with Enforcement Order Filing Deadline is a $300/day fine. The Commission then calculated that it would exceed the maximurn fine-able offense which is 2 , -for non-criminal offenses so the decision was made to carp the fine at $25,000. The Agent adds that in the i mearn.time, the coastal bank revegetartin application was submitted as well as the application t retain the deck. The revgetartion plan was accepted but the deck application was denied on the basis that there was no compelling need demonstrated or any alternatives presented. He also states that DEP has scheduled.a SupersedingOn-Site and he will forward that date out to the Commissioners as soon as he-receives it. Warren Fields who is the owner of 12 P pponesset Island Road addresses the Board. Mr. Fields states the events that the Agent has outlined are [he believes] are correct. He states that the home that is in question is rented and the tenant built-the deck without his knowledge. He was not aware that there was a stop work order seat as it was sent to his home address and his family visits the Mand for the summer but the mail is eventually forwarded to that address. He states that his wife opened the mail and was unsure of what to do with it so he did not see it until too late but once he did, he engaged Cape & Islands Engineering to investigate the issue and that was 5