2014-09-22 CONCOM-min - Laserfiche WebLink

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Construction of a deck and stairs within the 100-foot Buffer Zone to Bordering Vegetated Wetland Present for the Applicant: Rich Kirby, LEC Environmental Consultants, Al Gala, Gala Simon Associates, Inc., Dan Taylor, Contractor and David Brossi, Property owner Mr. Kirby presented construction of a deck off the rear of a single-family dwelling at 121 East Emerson Road. In order to mitigate for deck construction within the 50-foot buffer zone, 900 sq. ft. of lawn area and portions of the site will be restored. Mr. Kirby explained a revised plan showing the approved plan and existing conditions. Mr. Gala ran calculations showing the system is sized to capture additional impervious area. Comments from the Commission as follows: Ms. Miller opposed the deck construction due to encroachment in the 50-foot no- build zone. Mr. Kirby explained that the deck is about 300 sq. ft. and a restoration plan was submitted to mitigate for the 94 sq. ft. of impervious surface within the no-build zone. Mr. Bitsko commented the detail of the stairs off of the deck is not shown accurately on the plan per the site visit. Ms. Miller asked if the footprint of the deck could be reduced in order to stay outside of the 50-foot buffer zone. Mr. Hamilton asked how a foundation is built outside of the approved plan. Mr. Taylor replied that it was not a definitive foundation plan. Mr. Brossi stated it was not intended to go beyond the footprint or to deceive the commission. Deborah Zuckerman of 129 East Emerson Road stated that she filed with the Conservation Commission for her own deck and was not allowed to make any changes to the footprint. Ms. Zuckerman commented that the homeowners of 115 East Emerson Road had to reduce the footprint of their deck after filing with the commission. Ms. Zuckerman also questioned the setback of the stairs coming from the garage door. Mark Burnett of 115 East Emerson Road voiced concerns of the contractor not following plans that were previously approved, as well as concerns with plantings towards the property line. The Commission issued a brief recess for Mr. Kirby to speak with his client. Mr. Kirby requested a continuance for this Notice of Intent and stated an th Amendment to the Order of Conditions will be submitted for the October 20 meeting for the modification of the dwelling footprint. Motion made and seconded to continue the hearing to October 20, 2014 at 7:00 pm at the request of the applicant, 4-0 in favor. 9:29 pm Hearing – 124 Adams Street, NOI DEP# 201-952, BL 910 Applicant: Dennis Sullivan, Aspen Construction LLC