5/22/2014 CONSERVATION COMMISSION Minutes

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Mr. Shaer made ai motion to issue a Negative Determination. Mr. Sweet seconded the notion. Vote in favor was unanimous 7- . � i Pre/Pt Hearing Agenda. Administrative Review: David M. and Ana S l edar Ferris, 36 Se onsett Point Road,d, DEP File No. Se 3-2676. Proposed tree pruning. i RESOURCE AREAS: LSCSF} Buffer zone to Salt Marsh/Bordering vegetated wetland. Ms. Ana Ferris represented the Application-and requested permission to prune trees growing close to the home in order to avoid damage during storms and windy conditions. The -foot diameter fire pit will be installed more than 50 feet away from the buffer zone. Mr. Fitzsimmons questioned the fire pit installation. The Agent said than the fire pit will be installed inside the work limit permitted under the OOC. There will be no vegetation removal. There will be no adverse impacts. He said that the trees do pose ar hazard to the dwelling and should be pruned. The Agent said that it is his opinion that this proposal is small in scope and does not affect any of the performance a tarndarrds. He recommended approval of the request. Mr. Sham rade a motion to issue approve the Administrative Review. Mr. Sweet seconded the motion. Mote in favor was unanimous 7-0. Final Issuance dateldiscussion for order of Conditions: Kenneth and Gloria Li t os: SE -27431118 Shore Drive West. David and Glenys Pinhin: SE 43-27441124 Shore Drive. Michael and Dawn Southwick* SE 3-2745/126 Shore Drive West. There was no one in attendance to represent the Applicant. The Agent referred to Attorney Barry Fogel's letter asking the Board to discontinue granting extensions citing case law about the criteria for granting repeated extension requests. The Agent said that the Board has been understanding regarding the homeowners' attempts to resolve issues with the neighbors. He said the proposal is very similar to another project on South Cape Search that was appealed by the DEP. The Agent said that an Appeal is inevitable which repeated extensions will not prevent. The Agentread an email sent by Attorney Mark Gildea after 4:30 p.m. The Applicants regu sted an extension of-issuance of the OOC until June 30, 2014. The Agent said that the Board has already approved the Applications, but has delayed issuing the Order of Conditions until May 30, 2014. He said that the continual requests for extensions are unusual and not the normal protocol for the Board. Torn Counsel warned about granting further extensions. The Agent said that h expected someone to be present to discuss the Application. Cllr. Anderson suggested that the Board should wait until May 30, 2014 and allow the Applicant to show good cause for the extension. He said that the Agent should compose a fetter to Attorney Gildea seeking explanation for the extension requests. Mr. McKay said that the Board has been more than understanding and he sees no reason to continue the request. A lengthy discussion ensued as to whether or not to grant another extension or to issue the Order of Conditions by May 301". IIIb. Fitzsimmons said than this has been going on for months. The Agent said it has been 7 months and that it is disrespectful to the Commission to ask for an extension at the 111h hour. Mr. 5