Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Ray Kellman, PersonNameVirginia Dyer, David Flanders, Bruce Bartels, Rusty Walton and PersonNameChuck Hodgkinson. Also attending were Frank LoRusso, Tom Wallace and Kent Healy. Russell Maloney was absent.
The Commission convened at 1:30 for a site visit to addressStreet95 North Road; Ganz RFD.
PUBLIC MEETING RFD KENT HEALY FOR ROBERT GANZ; AP 4-25: Upon returning from the site visit Mr. Steves opened the meeting at 2:00 PM. Mr. Healy summarized the plan to rehabilitate the historic dam and stone walls by cutting approximately 30 trees (leaving the stumps in place), cutting the existing brush along the base of the downstream side of the dam and clearing a 200’ X 10’ access area from the existing roadway to the dam. The comments raised at the site visit were also discussed. The Commission asked what kind of equipment that will be used and how the access way will be created. Mr. Healy said the trees will be hauled out to the roadway with a chain and equipment will be used to load the logs onto trucks and that parts of the cleared access way will need to be reinforced. He added that the areas requiring reinforcement are away from the wetland and buffer zone. After discussion a motion was made for a negative determination with the following conditions: 1. There will be
a meeting between the contractor (Randy BenDavid) and the Conservation Officer before each work session begins to review the methods that will be employed and make sure no large equipment will be used near the resource area. 2. The Conservation Officer shall supervise the work. The motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE SUE BRUCE NOI SE 12 – 401; AP 21-33: Mr. Walton summarized the history of this project and his observations made on his inspection of the site. Mr. Walton recommended the Commission approve the Certificate of Compliance. After brief discussion a motion to accept Mr. Walton’s recommendation and approve the Certificate of Compliance was made, seconded and unanimously approved.
EMERGENCY CERTIFICATION MENEMSHA GALLEY, INC.; AP 27.1-94; addressStreet515 North Road: The Commission reviewed the Emergency Certification application submitted by Frank Fenner to stabilize the building and repair the damages caused by fire to the Galley Restaurant. All repairs will be made to the building and done by hand. The debris will be stored in a covered dumpster on a daily basis. No site work is needed and the building will look like the original structure when all repairs are finished. After discussion a motion was made to approve the Emergency Certification with the condition that special care will be taken to keep any debris from falling into the water and an appropriate barrier will be installed between the site and the water’s edge to catch any debris. The
motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE JUDITH HERMAN SE 12 – 470; AP 25-127: Mr. LoRusso asked the Commission to reconsider its denial of the Certificate of Compliance for the seasonal floating pier that was completed in 2004 and licensed by the Commonwealth. He explained that the reason for denial – due to the current presence of a state-listed, rare species of plant (salt pond pennywort) is a recent occurrence. Its presence or protection was not a special condition in the Order of Conditions and it was not cited by the DEP or Division of Fisheries and Wildlife when the Notice of Intent was filed. Mr. LoRusso offered to find a way to separately protect the rare plants with the Commission’s supervision. The Commission agreed with Mr. LoRusso and asked if they could visit the site on
Wednesday, October 17 to discuss the options. Mr. LoRusso agreed. A motion was made to rescind the denial that was issued at the September 5th meeting. The motion was seconded and unanimously approved. A subsequent motion was made to approve the Certificate of Compliance for the seasonal floating pier. The motion was seconded and unanimously approved.
TOM WALLACE DISCUSSION: PROPOSED CONSERVATION RESTRICTION (CR) WITH SHERIFF’S MEADOW FOUNDATION; AP 24 – 192, 193, 194, 195 + BARRIER BEACH ACCESS: Mr. Wallace summarized the key features of a proposed draft conservation restriction that he is developing between the property owners (Kohlberg’s) and Sheriff’s Meadow Foundation. Mr. Wallace summarized the proposed elements and conditions of the CR and mentioned he will return to the Commission and Town with the final proposal. This is merely a preliminary discussion. Mr. Wallace added that the 30-foot right of way will not be included in the proposal. The Commission thought the concept was very commendable and informed Mr. Wallace of a Town addendum that will be required. The premise insists that if
the private entity (Sheriff’s Meadow Foundation in this case) fails to execute the CR to its specifications the Town will take over CR. Mr. Wallace thanked the Commission for its input and said he will be sure to include this in the final submission.
ADMINISTRATION: The 9/5/07 minutes were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved. The letter dated 9/12/07 from the Department of the Army was acknowledged (placePlaceNameNomans PlaceTypeLand petroglyph removal (Leif Ericson).
The following documents were signed and notarized as necessary:
Determination of Applicability Ganz: AP 4-25.
Determination of Applicability Power: AP 34-1.2 (from 9/5 meeting).
Windy Gates Order of Conditions (denial) SE 12 – 539; AP 30-106.1 (from 9/5/07).
Walters Order of Conditions SE 12 – 540; AP 33-32 (from 9/5/07).
Certificate of Compliance SE 12 – 401; AP 21-33.
Certificate of Compliance SE 12 – 470; AP 25-127.
Emergency Certification Menemsha Galley, Inc.
With no further business to conduct the meeting adjourned at 3:30 PM.
Respectfully submitted by PersonNameChuck Hodgkinson, C.A.S.
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