FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, Russell Maloney, Ray Kellman, Virginia Dyer, Rusty Walton, Conservation Officer and Chuck Hodgkinson. Also attending were Chris Alley, Edward Miller and Tim Carroll. Absent were Bruce Bartels and David Flanders.
Mr. Steves opening the meeting at 1:30 PM. Mr. Carroll distributed information about formally adopting a Commission regulation allowing it to hire outside consultants as needed at the applicant’s expense. Ms. Goff volunteered to work with Chuck H. on drafting the specific language for the regulation.
Mr. Carroll updated the Commission on the Tea Lane water drainage plan. There are two competing solutions. The Commission said they will review whatever plan is submitted with the Notice of Intent application.
CHRIS WHITE CONTINUED PUBLIC HEARING NOI SE 12 – 519; AP 271-101: Mr. Steves opened the continued public hearing at 2:00 PM and was informed that the applicant, Glenn Provost requests a continuance to September 6, 2006 @ 2:15 PM. A motion to grant the continuance was made, seconded and unanimously approved.
CHRIS ALLEY FOR EDWARD MILLER RE-OPENED PUBLIC HEARING; NOI SE 12 – 520; AP 33-60: Mr. Steves re-opened the public hearing at 2:15 PM. Mr. Alley summarized the history of the application and prior discussions and read a detailed outline of a proposed independent habitat study that would be done by the Woods Hole Group. The applicant is willing to pay for the study if the Commission would give it weight in making its final decision. Ms. Goff asked when it would be fielded and was told as soon as possible. Mr. Alley added that he spoke with the Division of Fisheries in New Bedford about the study and was told the agency would not change its maps of shellfish and eelgrass habitat if the study produced results that indicate a different conclusion. He added that the Division
of Fisheries said the acceptance of an independent study would be a local Conservation Commission decision.
Mr. Miller commented that he is suspicious of the Fisheries letter dated June 20, 2006 because it refers to the existence of eelgrass. He stated he couldn’t find any eelgrass at the location for the proposed floating dock. Ms. Goff commented that the Commission must evaluate whether or not an area has the potential to be good habitat for shellfish or eelgrass – even if there may or may not be any on site at a particular time. She added that the proposed location for the dock is a filled in salt marsh indicating that the habitat has already been significantly altered.
Mr. Steves agreed the Fisheries letter infers the presence of eelgrass during its site evaluation. He recommended the applicant delay fielding an independent study of the area so the Commission can validate the Division of Fisheries 6/20/06 letter. He added that if the applicant fielded an independent study the Commission would have to field its own separate corroborating study at the applicant’s expense.
The applicant agreed and requested a continuance to September 6, 2006 @ 2:30 PM. A motion to accept the request was made, seconded and unanimously approved.
MINUTES: The meeting minutes for 7/12/06 were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved. The 8/2/06 minutes were reviewed and discussed. A motion to approve the 8/2/06 minutes as amended was made, seconded and unanimously approved.
SIGNATURES: The required signatures and notary were performed on the Moran Order of Conditions SE 12 – 517; AP 21-48.3.
ADMINISTRATION: A letter dated 8/14/06 from Brian Corbett of Tetra Tech, Inc. outlining the final phase of removing ordnance from Noman’s Land for the Department of the Navy was reviewed. The work will begin on August 28, 2006. A motion stating the letter is an adequate description of the activity with a recommendation to approve the plan as presented was made, seconded and unanimously approved.
With no further business to conduct the meeting adjourned at 2:55 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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