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buffer of perpetuity,with the exception of a pathway leading to the dock and pier.Agent presented several <br /> pictures of the property from 2010 to 2018 showing the progression of the violations. We took our time to <br /> investigate Order of Conditions to make sure they were recorded, legally binding documents. We had a <br /> meeting with the homeowner who has engaged a wetlands specialist to assist in bringing the situation to <br /> compliance. Mr. Sweet asked if the homeowner has changed, Agent confirmed it has been the same <br /> homeowner/no exchange in property. <br /> Matt Schweisberg (Wetland Strategies and Solutions) represented the homeowner and presented a <br /> conceptual plan, mostly to gauge the interest of the Commission and to settle this amicably. Owner is <br /> willing to do a fair amount of work on the property and would like to come to a compromise. He is willing <br /> to do thorough planting to revegetate and construct a new elevated walkway with vegetation on both <br /> sides. Also would pull up the lawn up to the slope that goes up to the back of the house. <br /> Mr. McKay asked if it includes area that was part of mitigation, Matt Schweisberg said it would include <br /> some. <br /> Mr. Sweet said it sounds like they're heading in the right direction, but need to see plans. <br /> Mr. McKay said he's a little alarmed by the use of the word "compromise", typically in this situation we'd <br /> restore to what was originally approved. <br /> Agent said a compromise isn't to be considered. It's a clear progression of violation. We did agree a <br /> raised walkway was a great idea and fully endorse it. As far as the playground, there is no compromise, <br /> it's a coastal dune project and we're singularly focused on restoration. Both permits received COC, <br /> ongoing condition of perpetuity-that means forever. My recommendation is to come back with a detailed <br /> restoration plan for this entire area, from the work limits on out to the coastal beach as delineated on <br /> previous plan of record. And I think the slope should be planted with vegetation as recommended by <br /> Conservation Staff, so it's not ornamental, that it's mitigation as it was intended to be. We can reconvene <br /> once the plan is finished to review it. In the meantime, an enforcement order will be drafted that would <br /> have specific details as far as what the expectation is on the plans and what the timeline is. I don't <br /> anticipate this happening this fall, with only a couple months of growing season, it's cutting it a little too <br /> close. I would recommend next spring as far as implementation of the plan and a 5 year monitoring and <br /> maintenance period and posting of a performance bond by the homeowner to ensure the mitigation not <br /> only takes place, but thrives. <br /> Matt Schweisberg said he understands what everyone is saying and he'll bring it back to the homeowner. <br /> He's not sure how the homeowner will feel, he may need some time to grasp this. <br /> Agent said it's a scenario with the amount of evidence we have in this particular situation, any lack of <br /> compliance is going to be met with enforcement. I think your client really needs to understand that. It <br /> could result in a situation of daily fines if it gets drawn out. A notice of intent is not at all appropriate here, <br /> because what has been done would not have been approvable. An enforcement order is the right way <br /> to go. It will have deadlines and specifics as far as what we expect to see on a mitigation plan (regulation <br /> 12), making sure installation is carried out by someone with credentials working in this type of <br /> environment, and the 5 years monitoring and maintenance with contract from a professional. <br /> Matt Schweisberg recommended a 45 day deadline, it was acceptable by the Commission and the Agent. <br />