Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Virginia Dyer, Russell Maloney, Bruce Bartels, PersonNameRay Kellman, Rusty Walton and PersonNameChuck Hodgkinson. Reid Silva, Marcia Cini, Kristin Henriksen, Lenny Jason, Alexia Jason and PersonNameKent Healy also attended. David Flanders was absent.
Mr. Steves opened the meeting at 1:30 PM to announce three site visits: Brigham- 15 Marsh Rd. Jason- 346 North Rd. and Klimm- 4 Creek Hill.
KRISTIN HENRIKSEN FOR MARK & JOHN KLIMM; RFD AP 27.1-141: With no objection from Mr. Silva the Commission re-opened the public meeting to review this request to remove two cherry trees and their root systems and re-vegetate the area with native species. A mini-excavator and chain saw will be used for the work which will take place within 50 feet of a salt marsh. Ms. Henriksen asked to amend the RFD to include cutting the existing bittersweet to ground level in the area leading from the re-vegetation section to the stockade fence. The Commission agreed to amend the application. The observations made during the site visit were discussed. The area bordering the road will not disturb the resource. The Commission did recommend the installation of hay bales along the pruning the
area that leads from the road to the stockade fence. The hay bales must be installed and approved by the Conservation Officer before work begins.
After brief discussion a motion for a negative determination for the application as amended was made with the hay bale condition. The motion was seconded and approved with five in favor and one opposed (Ms. Dyer).
REID SILVA FOR RICHARD BRIGHAM; NOI SE 12 – 555; AP 27.1-31: Mr. Steves opened the public hearing at 2:25 PM. Mr. Silva summarized the plan to abandon and fill the existing cesspool. The area will be excavated and two 1000 gallon plastic sealed septic tanks (tight tanks) will be installed. The excavated material will be used to fill the existing cesspool and backfill the new tanks. The closest point of the new tanks is approximately 17 feet from a wetland edge.
Mr. Silva explained that a pre-determined pump-out schedule will be maintained and the system will also have a backup alarm before the tanks reach capacity. The Commission thought this was a significant improvement over the current system. After discussion a motion to close the hearing at 2:35 PM was made, seconded and unanimously approved. A subsequent motion to approve the plan as presented was made, seconded and unanimously approved.
ERIC SHENHOLM FOR CYNTHIA G. WANSIEWICZ, TRUSTEE; BENREECE LLC; NOI SE 12 – 556; AP 30-106.2: Mr. Steves opened the public hearing at 2:37 PM. Mr. Shenholm explained that this application is filed because the previous Order of Conditions for a seasonal beach stairway expires this year. He added that the proposed location for the stairway in 2008 is the same as the one used in 2007. Mr. Shenholm further asked if the Commission would approve the ongoing installation and removal of the seasonal stairs beyond the standard three-year term provided he continues to return bi-annually to review the removal and re-installation plans.
Chuck H. reviewed the DEP response to the application and explained how the questions were addressed. Ms. Cini representing two abutters asked if the Commission would grant an easement on the Benreece property that would allow the neighbors to use this stairway rather than Ms. Benham’s stairway – as is the current arrangement. The Commission explained that the question is not within their jurisdiction. This is something that is worked out among neighbors. Ms. Cini asked if the Commission would deny the permit. The Commission explained this is a renewal of an existing permit that has thus far been executed in accordance with its conditions. After discussion the Commission asked Chuck H. to obtain town counsel’s opinion on whether or not the Town has a liability exposure for beach
stairway permits and whether or not it should issue a warning to build and use these stairways at the applicant’s risk.
With no further discussion a motion to close the hearing at 2:58 PM was made, seconded and unanimously approved. A subsequent motion was made to approve the plan and the extension beyond the standard three-year term with proper bi-annual oversight. The motion was seconded and approved with five in favor and one abstention (Ms. Dyer).
RFD LENNY JASON; addressStreet345 NORTH RD. AP 20-98.2: Mr. Jason summarized his plan to convert an existing barn into a three-bedroom guesthouse. The footprint will not change. Water and utility lines will be trenched and a septic pump tank installed within the buffer zone of a pond and wetland. The pre-existing barn is also in the buffer zone. The barn will be brought to grade level with a retaining wall and a new well will be installed next to the existing well – if deemed necessary by the Board of Health. The shed will also be re-shingled. This shingling was not a part of the application. No work will be done on the stalls. Some bittersweet will be removed.
The Commission asked if hay bales would be installed before work begins. Messrs. Walton and Jason agreed to place hay bales from the stalls to the shed and then to the garden. They will be placed between the barn and wetland edge.
After discussion a motion for a negative determination of the plan and the addition of the shed re-shingling provided the hay bales are installed and approved by the Conservation Officer before work begins. The motion was seconded and unanimously approved.
RUSTY WALTON UPDATES: Mr. Walton and Chuck H. explained the circumstances preceding the burn at Noman’s Land and the subsequent discussions with the DEP asking that future burns take place before bird nesting season.
Mr. Walton summarized the current status of the Enforcement Order issued to PersonNameMerle Berger (AP 27-15.1) for clearing that took place in resource areas some of which are under a conservation restriction. The Commission asked to schedule a site visit for May 28 with Mr. Dietz to review the situation. The other site visit for the June 4th meeting will also take place at this time – Malkin walkway to Chilmark Pond.
ADMINISTRATION: The meeting minutes for May 7, 2008 were reviewed. A motion to approve the minutes with a minor correction was made, seconded and unanimously approved.
The following documents were signed and notarized as needed:
Order of Conditions Scheuer: SE 12 - 552; AP 33-4.
Determination of Applicability AP 20-98.2.
Determination of Applicability AP 27.1-141.
Order of Conditions Brigham: SE 12 - 555; AP 27.1-31.
With no further business to conduct the meeting adjourned at 3:45 PM.
Respectfully submitted by PersonNameChuck Hodgkinson, C.A.S.
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