FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Bruce Bartels, Pam Goff, Russell Maloney, Ray Kellman, Rusty Walton, Conservation Officer and Chuck Hodgkinson. Also attending: Chris Alley, Peter Wells, Riggs Parker, Warren Doty, Lenny Jason, Marilyn Vukota, Glenn Johnson and Annie Fisher. Absent: David Flanders, Pam White and Virginia Dyer.
Mr. Steves opening the meeting at 1:30 PM.
DISCUSSION RIGGS PARKER – HARIPH’S CREEK BOAT LAUNCH RAMP REPAIRS AP 33-59: Mr. Parker summarized the Town’s desire and proposed plan to repair the Hariph’s Creek boat launch ramp with a system of gravel and a blanket of concrete blocks. The existing asphalt would be peeled back and replaced with the new system. After discussion the Commission recommended filing a Notice of Intent for the proposed work.
ADAM MORAN NOTICE OF VIOLATION AP 21-48.3: Mr. Walton summarized the Notice of Violation he issued on May 26, 2006 regarding some brush clearing and other work that has taken place in the buffer zone and added a Notice of Intent application has been filed. Mr. Walton recommended the applicant provide a specific landscape plan with the NOI application. After brief discussion a motion to confirm the enforcement order was made, seconded and unanimously approved.
LABAREE CONTINUED PUBLIC HEARING NOI SE 12 – 503; AP 21-36: Mr. Steves opened the continued public hearing at 2:00 PM. The Commission was informed of the applicant’s request to continue the hearing to Wednesday, July 19,2006 @ 2:00 PM. A motion to approve the request was made, seconded and unanimously approved.
DISCUSSION MIDDLE LINE ROAD PROJECT PROCESS COMMITTEE AP 13-43: Ms. Goff recused herself from the discussion as an abutter to the Middle Line Road parcel. Mr. Doty summarized the site plan and concept plan for the Middle Line Road affordable housing plan that passed at Town Meeting and the progress made to date. Mr. Steves pointed out that while a suggested wetland buffer zone is indicated on the concept plan, there is no formal wetland delineation. Mr. Kellman asked if the parcel’s proximity to the landfill would affect the water quality in any way. Mr. Doty mentioned six ground water test holes were dug and that five of the six were fine. He added that the Board of Health has performed water tests 100 feet and 200 feet from the landfill that were fine and the Middle Line
Road parcel is approximately 1200 feet from the landfill. Mr. Jason added the Middle Line Road property is up stream of the water flow that is in a south and west direction.
After discussion the Commission recommended the following: 1. Have the Conservation Officer flag the wetlands and then have the wetland(s) and 100-foot buffer zone(s) delineated on the final surveyed site plan. 2. When the final architectural site plan is ready, file a Request for Determination with the Commission and DEP to formally determine whether or not the plan is in or out of the Commission’s jurisdiction. 3. When the time is appropriate, the Commission will draft a letter of support for the overall plan and its preservation of open space within the 21-acre development.
MEYER CONTINUED PUBLIC HEARING NOI SE 12 – 514; AP 29-6: Mr. Steves opened the continued public hearing at 2:19 PM. Mr. Alley summarized the new site plan dated 6/5/06 with the proposed new location and design for a removable beach stairway. He added the stairway would be dismantled in the off-season. Ms. Vukota, the Meyer’s attorney, reviewed the covenant from the early 1970’s that specified a beach stairway would be allowed on the property. Mr. Walton added this may be true but the DEP still has regulations and a process that govern the construction of beach stairways. After discussion Mr. Steves asked for comment from the audience. There was none. The hearing was closed at 2:25PM. A motion was made to approve the new plans as presented and
dated 6/5/06 with the Commission’s standard seasonal beach stairway conditions. The motion was seconded and unanimously approved.
SCHEUER/COHEN PUBLIC HEARING NOI SE 12 – 516; AP 33-5: Mr. Steves opened the public hearing at 2:30 PM. Mr. Wells summarized the plans to build a seasonal ramp and anchored floating pier that will be attached to an existing fixed pier on Menemsha Pond. He said the floating pier and ramp will add another 26 feet in length to the fixed pier and that it will be removed each fall by November 1 and re-installed May 1. He added that the floating pier will be towed away and stored off the property. Mr. Steves read a letter from the Division of Marine Fisheries dated 6/6/06 for the record that discussed shellfish habitat. Mr. Wells pointed out that the state’s minimum depth at mean low water is two feet and the depth at the proposed location is over four feet at mean
low water. Mr. Wells added that the fixed pier was licensed in 1995 and included a floating pier located on the side of the fixed pier. He said he also needs permission for this project from the Harbormaster. Mr. Steves asked how the floating pier would be anchored to the bottom. A “helix” shaped, screw in anchor system will be used. They are about four feet long. Mr. Steves read section 2.06 of the wetland by-law that pertains to land under salt water in a salt-water pond. The hearing was closed at 2:43 PM.
A motion to approve the plan as presented with the following conditions was made: 1. No pressure treated lumber will be used. 2. The standard seasonal pier removal and installation conditions will be applied. 3. The Harbormaster must also approve the plan. The motion was seconded. Further discussion outlined the following reasons for the conditional approval: 1. The Commission does not think this specific proposal will adversely affect the shellfish beds. It may in fact, help protect them by bringing any boat activity into deeper water. 2. The floating pier will not attract larger boats than the current fixed pier because the floating pier’s temporary design will not support larger boats. With no further discussion the motion was unanimously
approved.
BENHAM NOI SE 12 – 515; AP 30-106.1: Mr. Steves opened the public hearing at 2:45 PM. Mr. Wells summarized the plans to replace an old beach stairway with a new timber stairway along with any required maintenance. He added that the stairway would be seasonal and annually installed and removed with the Conservation Officer’s supervision. After discussion Mr. Steves asked for comment from the audience. There was none. The hearing closed at 2:51 PM. A motion to approve the plan as presented with the following conditions was made. 1. No pressure treated lumber will be used. 2. The standard seasonal beach stairway conditions will also be applied. The motion was seconded and unanimously approved.
DISCUSSION ANNIE FISHER FOR FRANK SICA AP 27.1-121: Annie Fisher reviewed the plan to install a 3ft. X 3 ft. outdoor shower at 16 Crick Hill Road. It will be 90 feet from the bank, over 100 feet from mean high water and on the farthest corner of the house. The Commission recommended filing a Request for Determination.
RUSTY WALTON UPDATES: Mr. Walton informed the Commission that the Iscol’s (AP 33-98) are in full compliance and of his site visit to the Cohen beach stairway (SE 12 – 471; AP 30-106.2). The Commission thanked him for the updates.
Ms. Goff summarized the MVC seminar on coastal erosion that she attended. The speaker was Jim O’Connell who is very knowledgeable and available for future counsel at no cost to the Commission.
ADMINISTRATION: The Form C subdivision notices for AP 33-5 and AP 7-21 were reviewed. The Commission had no comment on either plan. The required signatures and notary for the Lindaur/Finbury Order of Conditions were made (SE 12 – 513; AP 27.1-26). The Commission unanimously agreed with the Chairman’s recommendation to have Mr. Maloney continue as the Commission’s representative on the Community Preservation Committee (CPC) and have Ms. Dyer represent the Commission on the Site Review Committee.
MINUTES: The meeting minutes for 5/17/06 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 3:30 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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