3/10/2011 CONSERVATION COMMISSION Minutes

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Motion made, seconded and unanimously carried for a Negative Determination 7:09 Essence Landscaping SE 43-2650 (39 Sunset Circle) Remove timber retaining wall from inland bank and replace with masonry block wall 5' further back from water's edge - NOI Resource Area: Inland bank, BVW and Pond Front Material submitted. Site Plan 212112011 Engineering Works, Inc. Jack Vaccaro from Vaccaro Environmental is presenting for the applicant. Mr. Vaccaro explains that they are proposing to replace a bulkhead that is in pretty bad shape of disrepair with a new block wall that will be approximately 5' back landward of existing wall. He explains that they would like to install the new wall first before removing the old timber wall. The new wall will be about 2' shallow and will use native material to pack down and lay the wall right on top. Mr. Vaccaro mentions that there is an area of bordering vegetated wetland by the southern end of the property but they will only be within 5' of the area. He also states that the pond is in a rare species habitat and that the mapped habitat does extend into the work area so they have had to submit a copy of the NOI to Natural Heritage and Endangered Species. Agent McManus asks if there will be any backfill to connect the new wall to the old wall because he is curious as to the purpose of the second wall where it is being graded to a sandy beach front. Mr. Vaccaro responds that the owners do use the area as a beach area and they are only trying to stabilize the shoreline at that location and protect the habitat from ice damage. Agent McManus would like to point out that if the owners have any intention of beach nourishment in the future then they would have to come before the Commission for that. Mr. Vaccaro agrees and suggests that it be conditioned in the Orders. Motion made, seconded and unanimously carried.to Close and Issue 7:12 Eric Benway SE 43-2649 (2 Point Road) Construct house addition, septic system alteration/relocation and driveway- NOI Resource Area: Buffer Zone to Coastal Bank; Buffer to Salt Marsh and LSCSF Material submitted: Proposed Site Plan 211612011 Cape & Islands Engineering John Slavinski from Cape & Islands Engineering is present for the home owners and he explains that when the house was first built, the lot next to this one was owned by someone else. Within the last two years, Mr. Benway was able to purchase that property so now he has a double lot and would like to put an addition onto his existing house. The addition will consist of a living room, garage and an additional bedroom. Mr. Slavinski states that they are going to lift the leaching part of the septic system and move it 12' more away from the BVW. Agent McManus reads the Board of Health comments for the record which states that the application is under review. The Agent also mentions that he had a prior discussion with Mr. Slavinski regarding mitigation regulations which had not become regulated until 2005 and this house was built in 2000. Since they are removing natural vegetation within the 50' buffer to coastal bank in a small area of the lot for the addition, there will be opportunity for mitigation and Mr. Slavinski said that he spoke to his client who is happy to oblige. Motion made, seconded and unanimously carried to Close and Issue 7:15 Marianne Townsend (16 Deans Hollow Rd) & Scott Murray (21 Squaw's Lane) Restore degraded coastal dune and portion of buffer zone with maintenance in perpetuity- NOI Resource Area: Coastal Dune, LSCSF& Buffer to Coastal Beach Material submitted., Proposed PBA Dune Restoration Planting Plan 212312011 Talbot Ecological Land Care/Proposed Restoration Plan 212112011 Cape & Islands Engineering Michael Talbot from Talbot Ecological Land Care briefly describes the history of this property and that the Commission had issued an Order of Conditions to 16 Deans Hollow Road for the removal 3