FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Bruce Bartels, Virginia Dyer, David Flanders, Rusty Walton and Chuck Hodgkinson. Also attending were Tim Simmons (NHESP), Chris Polatin, Dick Johnson, Kent Healy, Jim Glavin, Josh Scott, Bart Thorpe, Ian Fein (MV Gazette), Anne Litwin and Ivory Littlefield. Ray Kellman and Russell Maloney were absent.
Mr. Steves opened the meeting at 2:00 PM.
PUBLIC MEETING RFD TIM LASKER FOR HELEN LASKER; AP 31-4: The Commissioners discussed the site visit made on May 23. In Mr. Lasker’s absence Mr. Walton summarized the site plan diagram and areas for hand pruning the invasive species. The ground will not be disturbed, as the pruning will not include removing the roots. After brief discussion a motion for a negative determination was made, seconded and unanimously approved.
PUBLIC MEETING RFD JIM GLAVIN FOR KEN LINDAUER; AP 27.1-26: Mr. Glavin summarized the plan to clear the ends of the existing culvert to avoid trapping debris and place stones at both ends to minimize erosion. Mr. Glavin confirmed and produced evidence that both ends of the culvert are on Mr. Lindauer’s property. The Commission discussed the May 23rd site visit and asked if the water runoff can be diverted to flow farther away from the new house. Mr. Glavin did not recommend changing the culvert’s location but said he could re-direct the water flow away from the house with stones. After a brief discussion a motion was made for a negative determination with the condition that the water flow will be diverted away from the house as proposed by Mr. Glavin. The motion was
seconded and unanimously approved.
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 2:15 PM and read a letter from the applicant requesting permission to withdraw the application. A motion to accept the request was made, seconded and unanimously approved.
FOLLOW UP DISCUSSION DAVID HANDLIN FOR ROSEMALLOW FARM TRUST; AMENDED NOI SE 12 – 526; AP 24-36: The Commission discussed their observations resulting from the May 23rd site visit. Landscape architect Clara Batchelor reviewed the site plan indicating the area that was cleared and not a part of this parcel with a proposed re-vegetation plan for the entire disturbed area – both on and off their client’s lot. The proposed location for the new well was also indicated on the plan.
Mr. Steves asked how the water lines to the house would be installed. Contractor, Gary Maynard said new lines would be run from the new well and proposed digging the trench by hand. The new lines would be below the frost level.
After brief discussion a motion to approve the re-landscape plan and the proposed plan for installing a winterized, submersible well with two conditions: 1. No machinery other than a well digger is permitted and the water line trenches will be hand dug. 2. The Conservation Officer shall be on site during the well and water line work. The motion was seconded and approved with four in favor and one abstention (Ms. Dyer).
PUBLIC MEETING RFD KENT HEALY FOR THE TOWN OF CHILMARK; AP 21-1: Mr. Healy summarized the plan to add a 1500-gallon septic tank to the existing 750-gallon tank at the Menemsha comfort station. Both tanks will be connected to the current leaching field. After brief discussion a motion for a negative determination was made, seconded and unanimously approved.
PUBLIC MEETING RFD JOSH SCOTT FOR PAULA NOE; AP 25-137: The Commission discussed the site visit made on May 23rd and commented that re-planting native species where the current invasive species will be removed might cause more damage to the resource. A better plan may be to remove the selected flagged invasive species and not replace them. Mr. Scott agreed and pointed out that his application also indicates a plan to grind the remaining stumps with a hand held grinder. After brief discussion a motion was made for a negative determination to allow the pruning with no re-planting. Additionally, the maintenance of this section may continue without re-filing in three years provided the Commission or Conservation Officer is notified and the maintenance plan is discussed before
performing the work. The motion was seconded and unanimously approved.
PUBLIC MEETING RFD BART THORPE FOR M. LICHTENBERG; AP 20-53: Mr. Steves summarized the observations made on the May 23rd site visit. Mr. Thorpe outlined the proposed maintenance plan with Mr. Walton’s assistance. Ms. Goff added that some sort of structure such as a bridge is needed in the area that crosses the wetland to protect the resource. Mr. Thorpe explained that the tracks observed in this area were created when the stage was moved to its current location in the field. There will be no need to cross this area with any machinery in the future. Mr. Thorpe outlined the site plan with notes dated 6/6/07 and proposed an annual maintenance plan that would be done each fall. He added that Mr. Walton recommended removing the topped beetlebung tree.
After discussion a motion was made for a negative determination. Additionally the on-going maintenance of this plan would be allowed without re-filing in three years provided and tree pruning or cutting will be reviewed with the Commission or Conservation Officer each year before the work is performed. The motion was seconded and unanimously approved.
DISCUSSION GOLDBERG BEACH STAIRWAY; SE 12 – 443; AP 30-113: Ivory Littlefield and Ann Luzzatto (Gordon Litwin’s wife) shared pictures and discussed the recent coastal erosion and a proposed plan for re-installing the beach stairs for the upcoming season. The proposal was unique in that it had two separate sections leading from the top of the cliff to a common viewing platform. A single set of lower winding stairs would lead from the platform to the beach shore. Mr. Littlefield added that due to the fragile nature of the cliff face a slight “tuning” of the stairway might be needed later this summer. After discussion the Commission thanked the applicants for reviewing the plan and gave its reserved approval for this season only. The Commission further outlined
that the viewing platform will not be aggrandized and emphasized using extreme caution as the cliff face is dangerous. The Town can take no responsibility for any consequences and made it clear the owners are building this stairway at their own risk.
CONTINUED 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 continued public hearing at 3:15 PM. Tim Simmons of the Natural Heritage & Endangered Species Program (NHESP) endorsed the proposed plan and methods for removing and controlling the phragmites infestation at Black Point Cove. He outlined his 18 years of experience with these methods in water and on plants and the success he has experienced with no ill effects. He explained that Rodeo is very different than DDT. The Rodeo product is water-soluble and inhibits the amino acids in the plant, which in turn, prohibits the plant’s ability to metabolize nutrients. It essentially starves the plant. Mr. Johnson shared an oral
toxicology report of several tests that compared the LC 50 results (the amount of a product that is needed to kill 50% of the test sample) for glyphosate and other well known, over-the-counter common substances as aspirin, table salt, vitamin A and nicotine. The report indicated that glyphosate is the least toxic of the compared substances. For example, table salt was nearly 100% more toxic in this controlled, forced exposure test than glyphosate. An additional report was shared from the Commonwealth of Massachusetts Department of Agriculture. It summarized that when used as recommended by the manufacturer, glyphosate is unlikely to enter watercourses through runoff or leaching following terrestrial application. Toxic levels are therefore unlikely to occur in water bodies with normal application rates and practices.
The contractor, Chris Polatin outlined that the cut materials will be moved 200 yards from the site and covered with erosion control fabric before burning it next winter. The ideal time to apply the 5 % glyphosate solution is in mid to late September because this is when the plant will deliver the Rodeo to its root system naturally through the plant’s chemistry.
Mr. Steves outlined to the Commission and applicant that the outcome of this vote may determine the Commission’s policy for future applications of the same nature.
With no further comment from the audience a motion to close the hearing at 3:30 PM was made, seconded and unanimously approved. A subsequent motion to approve the plan as presented and outlined in the Notice of Intent with the standard conditions was made, seconded and unanimously approved.
RUSTY WALTON UPDATES: Mr. Walton shared a proposed recommendation that would give the Commission the option to allow on-going maintenance of certain Orders of Conditions or Determinations of Applicability -- without a three-year expiration date. This would eliminate an applicant’s need to re-apply for maintenance of a previously approved permit after three years—provided its special conditions were met. The Commission discussed its possible application and their ability to control certain activities and protect the resource. After discussion a motion to accept Mr. Walton’s recommendation and selectively apply it to certain applications was made, seconded and unanimously approved.
Mr. Walton asked for the Commission’s permission to purchase about $122 worth of forestry supplies for his fieldwork. A motion to approve the request was made, seconded and unanimously approved.
ADMINISTRATION:
The 5/16/07 minutes were reviewed. A motion to approve the minutes as amended was made, seconded and unanimously approved.
The following documents were signed:
Determination of Applicability Lasker AP 31-4.
Determination of Applicability Lindauer AP 27.1-26.
Determination of Applicability Noe AP 25-137.
Determination of Applicability Lichtenberg AP 20-53.
Determination of Applicability Town of Chilmark AP 21-1.
With no further business to conduct the meeting adjourned at 3:45 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
| 
