10/9/2014 CONSERVATION COMMISSION Minutes

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b disturbed r removed during construction. The second p ti .w uld b asemi- it l in shape measuring approximately 21' by 13' at its widest points. This would involve minimal .disturbance to the surrounding vegetation with removing r relocating about four small ' shrubs. Mr. Eli rr ment d they are very sensitive to the environment. All the materials � are natural materials and no pollution is expected. The Agent noted the area for the first patio was previously approved for thm to store their boat trailer. He didn't have an issue with this area but it has to be understood that n vegetation is to be removed because they are within 20 ft. of the coastal bank. The Agent said that if there is to be any grading that should be made known in the narrative. The Agent commented on the second patio and agreed there would be no impact to the river. However, protection of native vegetation that serves as a buffer zone to the river must also be considered. Existing conditions vary from lot to lot. The Agent expressed concern with the second patio because of the existing vegetation. if there is an opportunity to locate the patio in an area that requires no clearing of native vegetation, there would be no issue. The Agent suggested relocating the patio and suggested a continuance so he can conduct a site visit with the Applicants. The Agent recommended continuing the hearing to October 23, 2014. Mr. Eli requested that the hearing be continued to October 23, 2014. He said that he will submit a better description of the location of the proposed patios and description of the materials to be used. Motion: Mr. Shaw roved to continue the bearing to October 23, 2014 at 6:15 p.m. at the request of the Applicant, Seconded by Mr. Gurnee. vote Un n_im us. - 6:09 The Mackin Group, Inc. 76 Triton Way. Request to Amend Certificate of Compliance DEP File No. SE 43-1 21 4 and SE 43-1625. Continued from 9/11/2014 t allow time for Torn Counsel opinion. ACOC Resource Area: Coastal Bank (armored), LSCSF, Land Ander Ocean. Dien Wood, Rubin and Rudman, was representing the Applicant and stated the original COC was issued in 2007. This hearing was continued from 911112014 to allow time for To nun lk opinion. Mr. Wood stated the property owner is requesting t Amend the Certificate of Compliance for SE 43-1214 and SE 43-1625 by stating that the ongoing conditions requiring annual beach nourishment be revoked. He explained the neighbors on both sides have had their beach nourishment requirement previously revoked: The Agent stated the Applicants are requesting the relinquishment of beach nourishment. H read comments from Town counsel who stated he saw no problem with the Conservation Conimissi n agreeing t terminate the nourishment requirements. He felt there was precedent for this action with other similar parcels. Mr. Gurnee suggested granting the Amendment for three years then revisiting it again at that time. The Agent recommended honoring the request of the Applicant. Following a brief discussion, Motion: Mr. Sweet moved to Amend the Certificate of Compliance, seconded by Mr. Shaw. vote -1 with Mr. Gurnee voting in the negative. 7 F