11/14/2019 CONSERVATION COMMISSION Minutes

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construction. Agent said his only feedback is to show what's happening there, it's the only part of the project in jurisdiction, so it's good to have that shown. Mr. McKay had questions about trees/shrubs, Agent showed pictures of the property. He said his biggest question is what is going back in? It's RDA, not NOI, but we can condition it to have the requirements of an amended plan to show the landscape of native species. Motion: Mr. Smith moved for a negative determination with the condition to work with Agent. Mr. Dalton seconded. Vote: 4-0 unanimous 6:03 Roger Schiffman & Patricia Donnelly, 4 Mute Swan Circle. Proposed construction of NOI single-family dwelling, attached garage, in-ground swimming pool, pool house, patio, fencing, hardscaping, landscaping and access stairs/pathway to new pier, ramp, float and piles structure. At request of applicant, continued from 1012412019. Mr. O'Neil had to recuse himself and there was not a quorum. Motion: Mr. McKay moved for a continuance until 12/12/19 at 6:12pm. Mr. Dalton seconded. . Vote: 4-0 unanimous 6:06 Dennis M. Flaherty, 92 Whippoorwill Circle. Proposed installation of driveway. RDA Mr. Flaherty was present and said he didn't realize he needed permission from the Conservation Commission, so the project has been started, but is now put on hold. Agent said it's an after the fact filing because the applicant didn't realize he was in the flood zone. We didn't charge him with an after the fact because flood zone is probably the least known area of jurisdiction, so we put a verbal stop work order on the site and the homeowner fully complied with that. There were a few trees taken down and some razing when we discovered the work. Having the homeowners go through the paperwork after the fact to allow this to happen, the reasoning we're going through this is because it would have been a permit-able project. We did look at the lot, square footage and vegetation. The only issue is that it was started without a permit. No impact to the performance standards. No containment issues or runoff. No impact to wetlands. Motion: Mr. McKay moved for a negative determination. Mr. Dalton seconded. Vote: 4-0 unanimous 6:09 Mohsen &Simin N. Meydani, 22, 34 Wheelhouse Lane. Proposed construction of NOl boardwalk with kayak racks. Arlene Wilson from AM Wilson &Associates represented the homeowner. They are asking for a boardwalk with kayak racks. Can only be used around high tide, unless the Commission determines this not to be a structure. She brought an example of the material for the proposed boardwalk for the Commission to pass around. She's had extended discussions with a corps of engineers about what materials can be used. Slotted materials depend on the angle of the sun and are inefficient. This material has more space and better for vegetation. They spoke with the Harbormaster and Shellfish Division initially said no comments, but now they are concerned about mussels. There are none in this particular area. Agent commented it's pretty straight forward. If the Commission approves, it should be with a condition on any expansion of this, that it can't go past mean high water ACEC areas. Another condition would be no motor boats to be used as long as it exists. One question is how to get off deck and on to kayak? Ms. Wilson said they should put a ladder just to make it safer. Agent said this would be restricted to coincide with high tide. It is a structure. As far as performance standards, it meets standards. Mr. Smith asked about comments from the Shellfish Constable. Agent said he hasn't walked out to verify, but this structure is smaller than we normally see and with this proposed decking and sunlight that will be let in.... Wasn't a priority concern of the Shellfish Constable, more of an advisory. Motion: Mr. McKay moved to close and issue with conditions. Mr. Dalton seconded. Vote: 4-0 unanimous