FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, David Flanders, Pam White, Bruce Bartels, Associate Commissioner Russell Maloney, Rusty Walton, Conservation Officer and Chuck Hodgkinson. Also attending: Peter Wells, Ann Boyer, Everett Spees, Jay Walsh, Carol Magee, Martin Hill, Kathy Bega and Frank Dunkl. Absent: Ray Kellman.
SITE VISITS: Mr. Steves opened the public meeting at 1:30 PM and announced the Commission will make two site visits and return by 2:00 PM. They visited 6 Tabor Hills (Ann Boyer RFD) and
Windy Gates Road (Thomas Cohen NOI and RFD).
RFD ANN BOYER AND EVERETT SPEES; AP 19, 16.4: Mr. Steves opened the public meeting at 2:00 PM. He summarized the observations made on the site visits and asked for comments from the audience. There were none. Ms. Goff read section 3.04-1B of Chilmark’s Wetland By-Law aloud regarding vernal pools. Mr. Walton added that selective cutting in a vernal pool is acceptable and volunteered to mark what may be cut next August—before the work begins. Maintenance of the existing trail to the vernal pool is also acceptable.
With no further comments a motion for a negative determination was made, seconded and unanimously approved.
RFD LEO DESORCY FOR FRANK SICA; AP 271, 121: Mr. DeSorcy summarized the plans for replacing the stairway to the dock and pointed out there will be no support posts on the bank. Mr. DeSorcy also mentioned he will consult with the Conservation Officer about planting on the bank under the stairway. Ms. Goff asked if the stairs would be installed year-round. It was confirmed the stairway would be permanent.
With no further discussion a motion was made for a negative determination. It was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE NOI 12 – 448; AP 271, 121: The final dock installation was discussed and determined to be satisfactory. A motion to approve the Certificate of Compliance was made, seconded and unanimously approved.
RFD PACER NOMINEE TRUST; AP 35, 1.15: The Commission discussed the archeological survey application, site visit and vote taken on site for a positive determination on December 7, 2005. A motion to further ratify the positive determination was made, seconded and approved unanimously.
THOMAS COHEN NOI SE 12 - ?; AP 30, 106.2: Mr. Steves opened the public hearing for the NOI application at 2:30 PM. Peter Wells proceeded to summarize the plan. The Commission had no further comment based upon the site visit. The hearing was closed at 2:40 PM. It was noted that the DEP file number was not yet available. The Commission agreed to postpone the vote until the next meeting on December 21.
THOMAS COHEN RFD AP 30, 106.2: The Commission discussed the RFD application for burying the electric cable across AP 30, 106.1. A motion for a negative determination was made, seconded and unanimously approved.
VINEYARD OPEN LAND FOUNDATION RFD AP 35, 1.19 AND 1.30: Mr. Steves opened the discussion at 2:45 PM. The site visit was made on December 7. Carol Magee and Jay Walsh summarized the plan for placing the stones on the landward side of the bank. The Commission asked if the stones would be placed in a manner that will create a “structure”. Mr. Walsh clarified that the stones will not create a wall. They will be placed randomly along the ground. Mr. Steves added that they should be placed on the landward side for reinforcement without creating a revetment. Mr. Walsh added the stones will not be “placed” per se but dumped and spread out. The Commission concluded the location is a weak spot and the stones will add reinforcement.
Abutter Martin Hill asked if the stones should be placed on the shore side of the bank. Mr. Steves pointed out that if this was done it would have a much more significant impact and would create a revetment. This could affect natural erosion further down the beach and thus, require inputs from other sources. Mr. Bartels agreed that placing the stones on the landward side would be much better and may provide more protection.
With no further discussion a motion for a negative determination was made, seconded and unanimously approved.
BART THORPE FOR BLUM TRUST NOI SE 12 – 498; AP 20, 58 & 59: Mr. Steves mentioned the public hearing for this case was closed and reminded the Commission that the applicant decided to permanently remove the stone BBQ and restore the area with natural vegetation. Additionally, the applicant agreed to relocate the stone fire pit. The Commission has been waiting for the final proposed location for the stone fire pit that is completely out of the first 50-foot section of the buffer zone. Mr. Thorpe asked for advice on how to best handle the concrete BBQ footing that is 8 to 9 inches below natural grade. The Commission recommended covering the footing with soil and restoring the natural vegetation as this would create less disturbance than removing the concrete with heavy machinery.
Mr. Thorpe presented the new location for the fire pit. A motion to approve the new location was made, seconded and unanimously approved. The Order of Conditions was explained and approved for signature and notarizing.
Mr. Frank Dunkl asked to read a letter for the record regarding the sequence of events that led to the construction of the elevated stage that later received a positive RFD determination. Before reading his statement he mentioned that today’s discussion clarified a lot of the points made in his letter that was written two weeks ago and are no longer applicable. After Mr. Dunkl read his letter the Commission thanked him for his comments and assured him his reputation and work as an environmentalist is intact and respected by the Commission.
SIGNATURES: The appropriate documents were signed and notarized as needed based upon the Commission’s decisions.
ADMINISTRATION: The draft 2005 Annual Report was reviewed and approved. The draft fiscal year 2007 Conservation Commission budget was reviewed and approved. Mr. Bartels advised the Commission that he would like to step down as its representative on the Community Preservation Committee (CPC). The Commission thanked him for representing them so well since the CPC’s inception in 2001. After discussion it was agreed to recommend Mr. Maloney as the Commission’s next CPC representative.
With no further business to conduct Ms. White made a motion to adjourn. Mr. Kellman seconded and the Commission adjourned at 3:40 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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