FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, David Flanders, Pam White, Bruce Bartels, Russell Walton Conservation Officer and Chuck Hodgkinson. Also attending: Bret Stearns, Cathy Bega, Jacqueline Mendez-Diez, Ian Fein (MV Gazette), Glenn Provost, Jay Walsh, Chris Alley, Miles Jaffe, Peter Wells, Peter Darling, Virginia Dyer, Ann Boyer, Robert Kendall, Debbie Hancock, Michael Halbreich, Reid Silva and Lorna Flanders. Absent: Ray Kellman, Russell Maloney.
Mr. Steves opened the meeting at 1:30 PM to announce the Commission will make three site visits before the first hearing at 2:00 PM—Squibnocket Beach parking lot, M. Jaffe 95 Stonewall Rd.; L. Langmuir 26 Greenhouse Lane.
SEPTEMBER 21, 2005 MEETING MINUTES: The minutes from the 9/21/05 meeting were reviewed. Ms. Goff made a motion to approve the minutes as presented. Mr. Flanders seconded and the vote was unanimous in favor.
DEBBIE HANCOCK NOI SE 12 – 496; AP 271, 120: Mr. Steves opened the public hearing at 2:10 PM. Peter Wells summarized the site plan dated 9/9/05 to replace the foundation and lower the septic system that included the location for siltation barriers. There were no comments from the audience. Ms. Goff made a motion to close the hearing at 2:20 PM that was seconded by Mr. Flanders. The vote to close the hearing was unanimous in favor. Ms. Goff made a motion to approve the plan as presented with the usual conditions of a pre-construction site meeting and inspection of the siltation barriers with the Conservation Officer. Mr. Bartels seconded and the vote was unanimous in favor.
LYNN LANGMUIR FOR SUNRISE CAMP PARTNERSHIP RFD; AP 33, 71: The brush-cutting plan was reviewed in the context of the earlier site visit. The Commission asked about the type of equipment that will be used. Abutter Peter Darling spoke in support of the plan and mentioned David Merry did similar work and left a mulch ground cover of the debris. Mr. Steves added the brush cutting done two years ago by Mr. Merry was done appropriately—as seen on the site visit. Mr. Bartels made a motion for a negative determination that was seconded by Mr. Flanders. The vote was unanimous in favor.
BRET STEARNS FOR BLUM TRUST NOI; AP 20; 58, 59: Mr. Steves opened the public hearing at 2:30 PM. Mr. Halbreich informed the room that he would tape record the NOI hearing and RFD public meeting. Mr. Flanders recused himself as a direct abutter. Abutter Ms. Mendez-Diez asked if Ms. Goff’s representative role with the Land Bank is a conflict. Ms. Goff explained that this is asked frequently and it has been determined her Land Bank position does not conflict with her Commissioner role because she has no financial interests and serves the public in both capacities. Mr. Steves also asked the other Commissioners if they think there is a conflict of interest between Ms. Goff’s roles. They unanimously agreed there were no conflicts.
Mr. Steves mentioned this NOI does not yet have a DEP file number. The applicant agreed to have the case heard and understood the Commission could not vote on the matter until receiving a file number. Mr. Stearns summarized the history of the work that was done without a permit and the current NOI application. The fire pit is 35 feet from the edge of the wetland and the BBQ is 12 feet from the edge of the wetland. Mr. Steves read a letter from the Fire Chief for the record explaining the results of his inspection of and requirements for the BBQ and fire pit. Pictures were circulated throughout the audience. Mr. Steves clarified that all of the non-permitted work was done in the wetland buffer zone and read Article 3.3 of Chilmark’s Wetland Protection By-law. He continued by
stating it is the applicant’s responsibility to convince the Commission to approve the application. The Commission mentioned for the audience’s benefit that they would hear and act on this case as if the items in question were never built and decide if they would allow it.
The Commission explained that they would investigate other possible locations before ruling on the application to deny or allow the requests and at what locations. Mr. Steves asked if the wetland would be damaged if the BBQ were moved. The Conservation Officer commented that he did not think it would seriously affect the wetland.
Mr. Steves asked for comments from the audience. Mr. Halbreich identified himself as the project manager for most of the construction that has taken place on this property. Mr. Steves commented that the Commission is only interested in facts that pertain to today’s specific applications and their impact on the wetland. Mr. Halbreich asked the Commission to expunge a field visit letter written by Rusty Walton from the file. Mr. Steves said he is the only one on the Commission that has read the letter that summarizes Rusty’s meeting with Mrs. David. He added that he felt it should remain in the file because the field visit notes are relevant to the Commission’s decision. Ms.. Mendez-Diez read a letter to the Commission outlining her objections to the work described in the NOI and
her request for denial. She continued by stating she is not against the sod grass or locus platform/stage -- as described in the separate RFD. She concluded by asking how are issues of violation dealt with by the Commission. Mr. Steves explained the Commission has occasionally issued penalties in the past. Ms. Goff continued by stating the Commission is acting on Ms. Mendez-Diez’s complaint to the Conservation Officer. Mr. Steves added the Commission does not have a history of issuing fines and prefers to try and find ways to rectify problems and educate the public.
Resident Ann Boyer voiced her concerns about forest fires and nervousness with any outdoor BBQ grills or open fires. She added that placing wooden lawn chairs around the fire pit is an additional potential fire hazard. It is a poor choice of materials. Mr. Steves asked if Ms. Boyer is comfortable with the Fire Chief’s recommendations. Ms. Boyer said yes she was.
Virginia Dyer asked for circumstances that might trigger imposing a fine. Mr. Walton gave examples such as cutting down trees that are located in a wetland or on someone else’s property. Ms. Goff added that the Commission has had a number of after the fact applications and hearings over the years and have only imposed one or two fines.
Cathy Bega added for the record that the Davids would comply with any decision the Commission makes on these applications.
With no further comments from the audience the Commission suggested continuing the hearing to October 19th to allow time to obtain a DEP file number and give the applicant time to work with the Conservation Officer and develop a recommended plan of action. The applicant agreed and requested a continuance. Ms. Goff made a motion to accept the request for a continuance to October 19th @ 2:15 PM. She also recommended the hearing be closed to public comment but open to written comment. Mr. Bartels seconded the motion and the vote was unanimous to continue the hearing and leave it open for written comment only. Mr. Bartels made a motion to close the hearing. Ms. White seconded and the hearing was closed at 3:20 PM.
BRET STEARNS FOR BLUM TRUST RFD AP 20; 58,59: Mr. Steves officially opened the public meeting for the RFD application regarding the sod grass and locust platform/stage. Bret Stearns summarized the history of the work that was done and pointed out that the area in question was seriously disturbed during the construction this past winter and spring. It was determined that the edge of the sod planting was about 15 feet from the wetland border and the stage is about 2 feet from the well and 18 feet from the wetland. It is made with posts that are two feet in the ground. It was also determined that there was grass in this area before any construction began.
Virginia Dyer asked if old lawns are preferred to sod. Mr. Steves commented that the Commission does allow the rejuvenation of lawns – whether old or new. In both cases fertilizer may be used. He continued by pointing out the Commission would probably have asked for a different location for the stage—farther from the wetland.
With no further discussion Mr. Stearns requested the meeting be continued to October 19th. Ms. Goff made a motion to accept the request and continue the RFD meeting to October 19 @ 2:30 PM when a new plan with possible new locations can be presented. Mr. Bartels seconded and the vote was unanimous in favor to continue to 10/19 @ 2:30 PM.
MILES JAFFE RFD AP 32; 77: Chris Alley summarized the site plan to move the beach access road away from Mr. Jaffe’s stone wall and trees. After discussion of the site visit Mr. Bartels made a motion for a negative determination. Mr. Flanders seconded and the vote was unanimous in favor.
SQUIBNOCKET FARM ASSOCIATION NOI SE 12 – 497; AP 35; 20, 21: Mr. Steves opened the public hearing for NOI SE 12 – 497 at 3:47 PM. Peter Wells summarized the site plan to repair the Stonewall Beach parking lot and revetment with a soil/cement mix that is more expensive and stronger than dense mix. With no comments from the audience Mr. Bartels made a motion to close the hearing at 3:55 PM. Mr. Flanders seconded and the vote was unanimous in favor. Mr. Bartels made a motion to approve the NOI as presented. Ms. White seconded and the vote to approve the application and issue the Order of Conditions was unanimous.
PATTI LINCOLN NOI SE 12 – 490; AP 26, 3: Mr. Steves opened the continued public hearing at 3:47 PM. The Commission was informed of the applicant’s request to continue the hearing to October 19th @ 2:00 PM. Ms. White made a motion to accept the applicant’s request for a continuance. Mr. Bartels seconded and the vote was unanimous in favor.
ALLEN FLANDERS NOI SE 12 – 493; AP 26, 30: Mr. Walton informed the Commission of a minor change to the Notice of Intent. An additional broken red maple tree was discovered on the site that the applicant wants to remove. Ms. Goff made a motion to accept the change as inconsequential. Mr. Flanders seconded and the vote was unanimous in favor.
WARNER CERTIFICATE OF COMPLIANCE SE 12 – 494; AP 10, 5: Mr. Walton presented a report of his inspection of work to install a new septic system. Reid Silva, the contractor for the work described the site and apologized for not having a pre construction meeting with the Conservation Officer. After discussion Mr. Bartels made a motion to approve the Certificate of Compliance as recommended by the Conservation Officer. Ms. Goff seconded and the vote was unanimous in favor.
RYAN NOI SE 12 – 489; AP 33, 76.2: The Conservation Officer informed the Commission of a slight change to the Notice of Intent. A new location for the buried propane tank had to be found because a buried power line was in the original proposed location. After reviewing the revised plan Ms. Goff made a motion to approve the change as inconsequential. Mr. Flanders seconded and the vote was unanimous in favor.
The Warner Certificate of Compliance; Orders of Conditions for Hancock and the Squibnocket Farm Association; and Determinations of Applicability for Langmuir and Jaffe were appropriately signed and notarized as needed.
With no further business Ms. Goff made a motion to adjourn the meeting. Mr. Flanders seconded and the meeting adjourned at 4:15 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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