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they are established. Mr. Levin said yes, those roots are I Oft deep, his strategy was to have the <br /> Rhododendron.%go down A and then have other plants at about a foot, to have my strategy be <br /> comprehensive to have everything) from the surface go do down to about 1 Oft. I don't want to <br /> lose that integrity. Ms. Cadoret said that with the addition of the plants in the plan, it may help <br /> mitigate the problem, Mr. Levin said it will. be years before it provides protection. light now <br /> we have them doing the job. IJust assume have them use those plants and be ahead of the <br /> game. I haven't lost one of those plants in my 14 years of caring for them. Ms. Cadoret <br /> clarified that the plants are not on Mr. Levin's property,he confirmed. Mr. Costa disagreed <br /> with Mr. Levin's erosion concerns. fie said the homeowners are legally exercising their right <br /> to develop their property, and doing so within the regulations. His clients do have the right <br /> and the plans meet the performance standards and is worthy of approval. Agent asked if there <br /> was any condsderation in keeping the trees. Mr. Costa said he was not instructed by the clients <br /> to keep the trees. Agent said he had walked the property, there is,no scour, no erosion, the <br /> spillway is doing its job. If there is erosion, we, could put in a condition. There's a boiler plate <br /> in every OOC that we issue that generally states that any performance standards in resource <br /> areas that start to develop an adverse impact,the Commission has the fight,to step in and <br /> require whatever they see fit to deal with that adverse impact. There are catchall conditions <br /> that can,deal with that. Agent tends to agree that there is no major issue. The example brought <br /> LIP is fairly infrequent that we get Sin of water at once. It is definitely something that we could <br /> keep an eye on if you approve. Mr, Costa said they'll be planting plenty of grass, shrubs, it <br /> will be a much more robust root system. We're comfortable. M . Levin said his experience of <br /> having been there is that they can't get any grasses to grow.None of the seeding survived. <br /> "That's real evidence in his mind of erosion here. Mr. McKay asked about the proposed patio, <br /> if it's a 1-5 slope. It's pretty steep, seems like it's asking for trouble. Would it make more <br /> sense to have some kind of...Mr. Sweet said some sort of collection area'? Mr. Costa said it <br /> would not be a problem to put a drainage trench. lie has not been instructed to agree to an <br /> impervious patio, what we could do is put a trench along the edge about a foot wide with a <br /> pipe to a dry-wall for any excess water, <br /> Motion: Mr. Smith moved to close and issue with the condition that the trench be built <br /> along the patio. Mr. Dalton seconded. <br /> Vote: 5-0 unanimous <br /> Mr. McKay told Mr. Levin that the commission understands his concerns and to contact them <br /> if he sees erosion. <br /> 6:24 Bay Haven, LLC, 6 Jehu Pond Road. Proposed road and driveway modifications, drainage RDA <br /> system installation and landscaping, Continued from 11114 due to lack of quorum <br /> Commissioner recused himself. <br /> "Thomas O'Neil recused himself, Steven cook will be tic alternate Commissioner. Matt Costa <br /> from Cape&Islands Engineering presented plans. Agent said it's pretty straightforward, he <br /> was out there this week. No issues/nothing to add on. A little note on erosion control in some <br /> small areas, nothing to do with what's proposed. Mr. Bregman asked if it's asphault,Mr. Costa <br /> answered yes, asphault for the main part and the circle is crushed stone. <br /> Motion: Mr. Smith moved for a negative determination. Mr. Dalton seconded. <br /> Vote: 6-0 unanimous <br /> 6:27 Popponesset Island LLC, 70 Popponesset Island Road. Proposed Amendment of Order of A09C <br /> Conditions 43-2965 to increase length of ramp and reset floating pier to reach deeper water. <br /> Matt Costa from Cape & Islands Engineering presented plans. The project was reviewed by <br /> the Harbormaster and he does not have any concerns, Mr. Costa wanted to submit for the <br /> record that they're approximately 30ft away, it's beyond what DEP requires. Abutters asked if <br /> there was any impact if they want to expand, the answer is no. Mr. McKay said the <br /> Harbormaster is the authority. Agent commented that Chapter 91 is the ultimate authority. <br /> Public Comment: A neighbor (name inaudible) asked that the proposed extension be angled. <br /> Agent said he really has to refer to Chapter 91, the Commission does not have the power to <br />