FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, Russell Maloney, Ray Kellman, David Flanders, Pam White, Virginia Dyer, Rusty Walton, Conservation Officer and Chuck Hodgkinson. Also attending: Glenn Provost, Annie Fisher, Steve Ewing, Edward Miller, David Wolff, Adam Moran, Riggs Parker and Dennis Jason. Absent: Bruce Bartels.
Mr. Steves opening the meeting at 1:30 PM to announce three site visits: Moran, Town of Chilmark and Miller.
WOLFF NOI SE 12 – 512; AP 11-25.1, 26.1: Mr. Steves opened the continued public hearing at 2:10 PM. Mr. Provost introduced Mr. Wolff and proceeded to summarize the easement issues and dock design issues. Mr. Wolff read the easement dated 8/31/93 and filed with the Registry of Deeds Book 613, Page 637. The Commission agreed the deed restriction does not affect the Commission’s decision. Mr. Steves read the letter from the Division of Marine Fisheries, the Chilmark Shellfish Constable and reviewed the maps outlining the shellfish habitat on Tisbury Great Pond.
Mr. Provost proposed a design option using 2 inch galvanized pipe that would keep the float dock six inches off the pond bottom at low water. Mr. Wolff said he plans to keep a skiff with a 6 hp outboard and a 13 ft. Boston Whaler with a 25 hp outboard on the dock.
Mr. Steves read sections 2.07 and 2.08 of the rules and regulations outlined in the Town’s Wetlands Protection By-Laws. Ms. Goff added that pursuant with section 5.01 a waiver would only be granted if the applicant demonstrates that the proposed work will not adversely affect the resources protected under the Town’s by-law. This plan has not satisfied this requirement. Mr. Steves further commented that the Commission’s policy has been no new docks are allowed in shellfish habitat and the Division of Marine Fisheries and the Town’s Shellfish Constable have determined the dock’s location to be shellfish habitat.
With no further comment the hearing closed at 2:28 PM. Mr. Maloney made a motion to deny the permit application on the basis of the recommendations offered by the Division of Marine Fisheries, the Shellfish Constable and the Town’s Wetland Protection By-Laws sections 2.07, 2.08 and the failure to satisfy the requirements of section 5.01. The motion was seconded and the vote to deny the permit was five in favor with one abstention (Mr. Kellman).
ADAM MORAN NOI SE 12 – 517; AP 21-48.3: Mr. Steves opened the public hearing at 2:44 PM. The Conservation Officer distributed and read his letter and comments on the brush clearing that has taken place and pointed out the applicant has not provided a landscape plan for re-vegetation. Mr. Steves discussed the earlier site visit and asked the Conservation Officer to flag the wetlands. Mr. Moran added that he would like to work with the Conservation Officer on the landscape plan and return to the Commission on July 12. A motion to continue the hearing to July 12 @ 2:30 PM was made, seconded and unanimously approved.
TOWN OF CHILMARK NOI SE 12 - ??; AP 33-59: Mr. Steves opened the public hearing at 2:53 PM and proceeded to read a letter from the Division of Marine Fisheries for the record and reviewed several maps indicating shellfish and eelgrass habitat. Mr. Parker commented that the state wanted to repair the boat launch ramp several years ago and the Town decided to do it themselves. He added that the plan from two years ago proposed using concrete platforms. This plan using gravel and “blankets” of poly bricks is superior to the state’s proposal.
Ms. Goff asked how far out the repairs will extend into the pond. Harbormaster Dennis Jason added that no one knows how far the original launch ramp extended into the pond because a great deal of the asphalt has broken away over the years. Mr. Steves added that there has always been a lot of activity at the boat launch site and that this is not a new ramp but rather a replacement and repair of the existing ramp. Mr. Parker commented that the new ramp would launch boats in deeper water and therefore create fewer disturbances than the existing ramp. It was pointed out that no DEP file number has been received. The Commission explained that it couldn’t vote on the application before receiving a file number. Several conditions for approval were proposed: 1. The Conservation Officer
must be on site during the entire construction process. 2. Particular attention will be made to guard against fuel spillage from the construction vehicles.
With no further comments a motion to continue the hearing to July 12 @ 2:45 PM to vote on the application was made, seconded and unanimously approved.
ANNIE FISHER FOR FRANK SICA RFD AP 271-121: Annie Fisher summarized the site plan and location for the proposed outdoor shower and gravel drainage area. After a brief discussion a motion for a negative determination was made, seconded and unanimously approved.
STEVE EWING FOR EDWARD MILLER NOI SE 12 - ??; AP 33-60: Mr. Steves opened the public hearing at 3:10 PM. It was pointed out that the DEP has not yet issued a file number and therefore, the Commission cannot vote on the application. Mr. Steves proceeded to read the rules and regulations from the Town’s Wetland Protection By-Laws pertaining to land under salt ponds – sections 2.07 and 2.08. He also read a letter from the Division of Marine Fisheries outlining their concerns with the shellfish and eelgrass habitat.
Mr. Ewing summarized the plan for building and attaching a new float dock to the existing licensed fixed pier. Mr. Steves commented that the Commission consistently restricts new construction in shellfish habitat. He added that based upon the earlier site visit there seem to be other available alternatives for consideration—such as using the existing launch ramp on the property or converting the existing fixed pier into a floating pier.
After further discussion the applicant requested a continuance to July 12 @ 3:00 PM. A motion to continue the hearing to July 12 @ 3:00 PM was made, seconded and unanimously approved.
RUSTY WALTON UPDATES: Mr. Walton updated the Commission on the Land Bank/Goff Trail SE 12 – 505, AP 13-16; and the Moore septic system AP 25-30. The Commission thanked Mr. Walton for his diligence.
MINUTES: The meeting minutes for 6/7/06 were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
ADMINISTRATION: The Land Bank’s conservation restriction (CR) notice for the 10-acre Leventritt parcel off South Road opposite Blue Barque Road was acknowledged and reviewed.
SIGNATURES: The required signatures and notary were performed on the Benham Order of Conditions SE 12 - 515; AP 30-106.1; Scheuer/Cohen Order of Conditions SE 12 – 516; AP 33-5; Meyer Order of Conditions SE 12 – 514; AP 29-6. The Sica Determination of Applicability was also signed for AP 271-121.
With no further business to conduct the meeting adjourned at 3:40 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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