FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Bruce Bartels, David Flanders, Rusty Walton and Chuck Hodgkinson. Also attending were Peter Wells, Glenn Provost, Doug Cooper and Jay Walsh. Russell Maloney, Virginia Dyer and Ray Kellman were absent.
Mr. Steves opening the meeting at 1:30 PM to announce two site visits: 55 Squibnocket Farm Rd. (Honker & Sons) and 15 Squibnocket Ridge (Pacer Nominee Trust).
PUBLIC HEARING PETER WELLS FOR HONKER & SONS NOI: SE 12 - 530; AP 35-1.2: Mr. Steves opened the public hearing at 2:08 PM. Mr. Wells discussed the comments made during the site visit and reviewed the revised site plan for a new septic system dated 12/18/06 that included an additional wetland boundary to the north. Mr. Wells added that most of the soil would be hauled off the site and pointed out the proposed locations for hay bales. Mr. Steves read a letter from the Division of Fisheries &Wildlife stating the proposed work will not adversely affect the resource area. With no additional comments from the audience a motion to close the hearing at 2:14 was made, seconded and unanimously approved. After brief discussion a motion to approve the plan as presented and dated
12/18/06 was made with the standard conditions that the Conservation Officer approve the on site hay bale and siltation barrier locations before beginning the work. The motion was seconded and unanimously approved.
PUBLIC MEETING PETER WELLS AND GLENN PROVOST FOR PACER NOMINEE TRUST RFD; AP 35-1.15: Mr. Provost summarized the comments made during the site visit and the request for a determination of whether or not the drainage swale on the lot is within the Commonwealth’s jurisdiction of the Wetlands Protection Act 310 CMR 10.02 (1). Mr. Steves read this section of the Act aloud for the record. The Commission commented that they want to protect the area because the swale is a natural drainage route for water runoff and questioned if they would allow a buried septic line for a sealed chamber to run through the swale.
Mr. Provost stated the Foster family’s discussions with the prospective buyer of the lot indicate there is nothing in the plan that proposes changing the area. He added there may be a trench for utilities and said the area would be restored with additional plantings that abut the swale. He summarized the specific question asking if the drainage swale is protected under the state regulations and asked if the Commission thought the DEP would determine this a protected area under their regulations.
The Commission made it clear that this area is protected under the Town’s by-law which is more conservative than the state’s definition of a wet area. Mr. Cooper read his statement and analysis of the area for the record that included his belief that the area is not significant under the state’s regulation but is significant under the Town’s Wetland Protection By-Law.
After additional discussion among the Commission a motion for a positive determination (#6), indicating that the area in question is significant under the local by-law but not State regulations was made, seconded and unanimously approved.
ORDER OF CONDITIONS REQUESTS FOR THREE-YEAR EXTENSIONS: SE 12 – 453; AP 27.1-97 AND SE 12 – 454; AP 27.1-98: The letter dated December 6, 2006 from Sourati Engineering requesting a three-year extension for these two Orders of Conditions was read. After brief discussion and review of the two cases a motion to grant both extensions was made, seconded and unanimously approved. The appropriate documents will be prepared for signature and notarizing for the January 17, 2007 meeting.
HORNBLOWER-CATLIN REVISED SITE PLAN NOI SE 12 – 528; AP 35-1.6: Mr. Wells presented the revised site plan indicating the approved new location for the driveway as discussed at the December 6th public hearing for this permit. The Commission agreed this plan dated 12/20/06 is correct. The Order of Conditions will be signed and notarized at the January 17, 2007 meeting if a quorum of the December 6th Commissioners are present.
MENEMSHA BASIN MAINTENANCE DREDGING: The Commission read a letter from the Harbormaster outlining the extent of maintenance dredging he would like performed during the winter. A motion to approve the dredging was made, seconded and unanimously approved.
OTHER BUSINESS: Chuck H. distributed a draft fiscal year 2008 budget for the Commission’s review. After brief discussion a motion to approve the budget as presented was made, seconded and unanimously approved. The Commission would like to review and update the by-law during the next year. Chuck H. will obtain a copy of West Tisbury’s recently enacted by-law and organize the materials for discussion.
SIGNATURES: The following documents were signed and notarized as necessary:
Positive Determination of Applicability - Pacer Nominee Trust AP 35-1.15.
Order of Conditions Honker & Sons SE 12 – 530; AP 35-1.2.
MINUTES: The meeting minutes for 12/6/06 were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
With no further business to conduct the meeting adjourned at 3:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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