FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Bruce Bartels, Virginia Dyer, David Flanders, Russell Maloney, Rusty Walton and Chuck Hodgkinson. Also attending were Gary Maynard, David Handlin, John Garrahan, Larry Hepler, Chris Murphy, Chris Alley and Dick Johnson. Ray Kellman was absent.
Mr. Steves opened the meeting at 1:30 to announce two site visits: 56 Putnam Road (Rogers) and 58 Menemsha Crossroad (Pave).
CONTINUED PUBLIC HEARING GLENN PROVOST FOR PACER NOMINEE TRUST – BARBARA FOSTER TRUSTEE: NOI SE 12 – 532; AP 35-1.15: Mr. Steves opened the continued hearing at 2:00 PM and read a letter from the applicant requesting a continuance to June 6 @ 2:15 PM. A motion to accept the request was made, seconded and unanimously approved.
CONTINUED PUBLIC MEETING RFD MARCIA CINI FOR LORUSSO/LOCHRIDGE, AP 25-130: Mr. Steves read a letter from the applicant requesting a continuance to June 20 @ 2:00 PM. A motion to accept the request was made, seconded and unanimously approved.
PUBLIC HEARING RICHARD JOHNSON FOR SHERIFF’S MEADOW FOUNDATION; NOI SE 12-534; AP 22-5.1, 153, 5.2, 154, 15, 16: Mr. Steves opened the public hearing at 2:15 PM. Mr. Johnson summarized the proposal to remove the Phragmites infestation on approximately 175,000 sq. ft. along Black Point Pond. Mr. Steves read the proposal from Polatin Ecological Services describing the proposed three phase procedure using a combination of cutting and burning, spraying glyphosate (water soluble Rodeo), re-cutting with additional hand-dabbing or re-spraying with Rodeo as needed. Mr. Murphy commented from the audience and recommended the Commission vote to deny the proposed methods and any other proposal using plant poisons on
the ponds. He added that he does not see a reason stated in the application for this activity and hypothesized that it is being done to enhance the pond view from Dick Johnson’s house. He asked the Commission to try other natural methods of eradication.
Mr. Maloney asked if Rodeo is the same as Roundup. Mr. Walton explained that Rodeo is a water-based product of Roundup -- that is oil-based. He added the water-based version breaks down rapidly after being applied. The Commission commented that the authorities apparently recommend the proposed method and asked Mr. Johnson to comment on the interests he wants to protect with this procedure. Mr. Johnson added that this invasive species is affecting the habitat for other animals and native plant life. It is an ecosystem that is out of balance.
Mr. Hepler asked if there is any other method that will work. Mr. Johnson said he has been cutting the Phragmites for years and that this cutting helps the species spread more rapidly. He has also tried covering it with black plastic but this has failed because it is not hot enough in this region to kill the Phragmites. This method did hurt the more fragile plant life. He added that the proposed method was used at Doctor’s Creek. Since then the poison ivy has flourished and taken over the area.
Mr. Walton said there is another option of digging out and removing the substrate to a depth of about six feet but does not recommend this because it destroys the habitat. Mr. Hepler asked how the procedure would be coordinated with the pond water level. Mr. Johnson said he would coordinate the work with the Pond Association’s opening schedule.
After further discussion the Commission asked Chuck H. to consult the DEP and obtain answers or opinions on the following questions: 1. What is the chemical breakdown and byproduct of Rodeo after it is applied in this fashion and how long does it take to break down. 2. What are the risks of this chemical to humans, animals or other plant life? 3. Is there a natural method for eradicating Phragmites such as fish, insect or other wildlife? 4. What is the NHESP preferred method for eradicating Phragmites. Mr. Murphy appreciated this request, suggested pigs, and added that as a Town we can just say no to this procedure. He then asked how much Rodeo is needed to cover 175,000 sq. ft. Mr. Johnson estimated 1 to 1.5 gallons of Rodeo would be used in a 5 % diluted mixture
for spraying. This is about ½ gallon per acre.
With no further comment the Commission recommended a continuance to June 6, 2007 @ 3:15 PM to provide time to obtain more information. The applicant agreed and a motion for the continuance was made, seconded and unanimously approved.
RE-OPEN PUBLIC HEARING DAVID HANDLIN FOR ROSEMALLOW FARM TRUST; AMENDED NOI SE 12 – 526; AP 24-36: Mr. Steves re-opened the public hearing for an amended notice of intent at 2:45 PM. Mr. Handlin summarized the past events, discussions and decisions regarding the change in scope and methods for renovating the Holt’s pond house. Mr. Handlin said they are responding to the Commission’s request for a re-landscaping plan and amended notice of intent. He added that since the last meeting a surveyor cut the vegetation on an abutting lot that revealed a lot of debris such as a rusted water tank and an old trailer. Mr. Handlin offered to remove the debris that is not theirs to help restore the entire area. He continued by outlining a 15’ X 25’ area for
replanting and said they will do whatever is necessary—as indicated in the letter from the landscape architect (CBA) dated 3/29/07. Mr. Steves read the letter for the record.
Mr. Handlin informed the Commission that there are two options for drilling a new well on the property. If a well drilling rig were used it may do more damage to the sensitive area. The other option is a hand driven well that will not have a submersible pump. This means the pump for the hand driven well would need to be shut down seasonally to prevent freezing. A submersible pump can be used year-round.
After further discussion the hearing was closed at 3:00 PM. A motion to accept the amended notice of intent and landscape plan was made with the condition that no work will be performed on the well until the Commission has a chance to visit the site and determine the best solution for the resource. The motion was seconded and the vote was unanimous in favor. The Amended Order of Conditions will not be released until after the site visit.
The Commission subsequently asked Chuck H. to research on whether or not the Commission may refuse the renovation of a pre-existing, non-conforming structure that is located in a highly sensitive resource area.
DAVID HANDLIN GEO-THERMAL HEATING/COOLING SYSTEM DISCUSSION: Mr. Handlin offered to discuss the Holt’s plan to install a geo-thermal heating and cooling system for the main house that is outside the Commission’s jurisdiction. The contractor Gary Maynard summarized the design and installation principles and methods. He added the 8-inch bores would be placed in the driveway leading to the main house. The system is estimated to save about 60% of the energy used with a standard cooling system and about 30% of the energy needed in a standard heating system. The Commission thanked Messrs. Handlin and Maynard for the information.
PUBLIC HEARING CHRIS ALLEY FOR JAMES ROGERS; NOI SE 12 – 535; AP 8-8: Mr. Steves opened the public hearing at 3:10 PM. Mr. Alley summarized the site plan and visit earlier in the day while adding the owner is proposing to drill a new well, build a new house with an addition and re-vegetate the current driveway after cutting a new driveway access. He pointed out that the closest corner of the new house will be 42 feet from the wetland edge (two feet farther away than the current structure) and the addition will be 84 feet from the wetland edge. The new driveway while having the same curb cut as the current driveway will be farther away from the wetland edge than the current driveway. Lastly, the proposed new garage is located entirely out of the buffer zone.
Ms. Goff asked how the roof runoff would be treated. Mr. Alley said the existing roof has no gutters and that soil tests indicate there are poorly draining soils in the area. He added that the foundation will have a footing drain and the gutter roof runoff can be channeled into the same footing drain. Mr. Alley pointed out the siltation barriers on the site plan.
The Commission asked if the new house could be moved ten feet farther away from the wetland edge. Mr. Alley did not think this was possible because of the Spring Point Architectural Review Board and by-laws have specific view sheds and buffer zones for each lot.
With no further discussion the hearing closed at 3:15 PM. A motion was made to approve the plan as presented with the following conditions: 1. The applicant will return to the Commission for a review and approval of a landscape plan before work begins. 2. A construction fence will be approved by the Conservation Officer and installed in addition to the siltation barrier to further isolate construction disturbances. 3. The standard conditions will also apply. The motion was seconded and approved with a vote of five in favor and one abstention (Mr. Maloney).
PUBLIC MEETING CHRIS ALLEY FOR JOEL PAVE RFD; AP 26-107: Mr. Alley summarized the site plan and points made at the earlier site visit. The plan will replace the existing cesspool with a de-nitrifying septic system with a concrete enclosed leaching system. The Commission asked if the stream is perennial. It was concluded that it is a perennial stream and that there is no alternative means to upgrade the old septic system than the one that is proposed. After further discussion a motion for a negative determination was made, seconded and approved with five in favor and one abstention (Mr. Maloney).
RUSTY WALTON UPDATES: Mr. Walton updated the Commission on Mr. Dunkl’s letter dated 5/14/07 (NOI SE 12 – 207 (1993) AP 18-57. The letter requested permission to repair, maintain and re-install the two finger piers owned by the Estate of Cornelia Blaut in Chilmark Pond to their original state. They were dislodged in the storm. Mr. Walton added that the piers are properly licensed with the Commonwealth. After brief discussion a motion was made to allow the repairs provided the Conservation Officer approves the work before it begins. The motion was seconded and unanimously approved.
Middle Line Road NHESP letter dated 5/3/07: The Commission read the letter from the NHESP stating that the proposed subdivision of the Middle Line Road lot was not considered a “taking” of rare or endangered species. The letter was acknowledged.
Lawrence Bell letter dated 4/20/07—SE 12 – 429; AP 31-10: Mr. Walton summarized the letter explaining that, as the third section of the house had been built, additional cutting was requested. Chuck H. pointed out the extended Order of Conditions is still valid as it expires on 5/29/08. The Commission acknowledged the letter and said the work may proceed as outlined.
M. Lichtenberg Enforcement Order 5/7/07 and follow up letter 5/11/07; SE 12 – 406; AP 20-53: Mr. Walton summarized the activity for maintaining the brush and tree pruning and said all work has stopped. He added that there is an isolated wetland resource in the vicinity that does not fall under DEP jurisdiction. There is a Request for Determination of Applicability that has been filed for the June 6th meeting to discuss the plan. The Commission agreed with the approach and looks forward to discussing the request next month.
ADMINISTRATION:
The 3/7/07, 4/4/07 and 4/18/07 minutes were reviewed. A motion to accept all three sets of minutes as presented was made, seconded and unanimously approved.
The Pave Determination of Applicability (AP 26-107), Rosemallow Farm Trust Amended Order of Conditions (SE 12 – 526; AP 24-36) and Rogers Order of Conditions (SE 12 – 535; AP 8-8) were signed and notarized as needed.
With no further business to conduct the meeting adjourned at 4:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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