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Conservation Commission Minutes 06/04/08

Present for the Conservation Commission and attending the meeting were:  Pam Goff, Russell Maloney, Bruce Bartels, David Flanders, Andrew Fischer, Dick Smith, Rusty Walton and PersonNameChuck Hodgkinson.  Chris Alley and Kara Eshemeth also attended.  Richard Steves, Virginia Dyer and PersonNameRay Kellman were absent.

Ms. Goff opened the meeting at 2:00 PM and reminded the audience that the Commission visited all of the sites on May 28th.  Ms. Goff then appointed Alternate Commissioner Andrew Fischer as the fifth voting member for the day’s meeting.

CHRIS ALLEY FOR JAMES & JOAN MALKIN; SE 12 – 557; AP 25-125:  Ms. Goff opened the public hearing at 2:00 PM.  Mr. Alley summarized comments made during the site visit on May 28 and the site plan for installing a 3’ X 5’ platform and a 7-tread stairway down a bank.  The stairs will attach to a 4’ X 30’ raised walkway leading to Chilmark Pond.  Helix support posts will be used for the walkway.  The work will be done when the pond water level is lower and will impact a coastal bank and wetland leading to the pond’s edge.  Mr. Alley added the owners considered asking the neighbor for permission to place the walkway at its current location.  Unfortunately it is not on the Malkin’s property.  Mr. Alley also mentioned the walkway will look like and have the same support system as the one located on the abutting lot (# 123).  

Mr. Alley explained how the helix support posts may be installed.  There are only a few contractors on the island that have the ability to do this work.  A tripod will probably be installed over the site with a hydraulic torque applicator on top.  The Commission discussed the surrounding area and asked where the support equipment will be located.

After discussion a motion was made to close the hearing at 2:17 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:  1. Any heavy equipment will be kept out of the resource area.  2.  The contractor should try to confine the staging to the footprint of the pier and not be in place for more than 48 hours.  3.  The existing 2X10’s and debris from the old walkway will be removed from the site.  4.  The specific staging and work areas will be staked out for inspection during the standard pre-construction conference with the Conservation Officer.  The motion and conditions were seconded and unanimously approved.

RUSTY WALTON UPDATES:  Mr. Walton presented photos of the split-rail fence that was approved and installed at 4 Creek Hill.  He added that the re-vegetation on the bank has not yet started.  Chuck H. will contact the owner.

Mr. Walton also shared photos of the Klimm property with the two cherry trees removed. He added the hay bales will be installed before the bittersweet is pruned to ground level.

Mr. Walton shared the plan to re-install the Goldberg beach stairs (SE 12 – 443; AP 30-113).  Chuck H. added the current Order has expired.  Mr. Walton will contact the agent and advise them to renew this permit with a new application.  

The Commission discussed the Berger violations and observations made during the site visit on May 28.  After much discussion a motion was made that instructs Chuck H. and Rusty W. to take the following actions:  1. Require a Notice of Intent filing to remove the propane tank and gravel parking lot that was not a part of the plan that was approved for the house and garage (SE 12 – 404).  The area will be restored to its original condition.  2.  Require a separate Notice of Intent for a plan that addresses the clearing done in the Heron Pond and surrounding heron nesting habitat.  The plan will include the recommendations of resident ornithologist Allan Keith who should assess the site.  3.  Submit a plan in the Notice of Intent that re-vegetates all of the cleared areas that are on the Berger and Dietz lots (Lots 15.1 and 15.2) and protected by the Conservation Restriction (CR).  The areas that were cleared in the resource area outside the CR sections should also be addressed.  A filing deadline and subsequent daily fine should be imposed for any filing delay after the deadline.

ADMINISTRATION:  The meeting minutes for May 21, 2008 were reviewed.  A motion to approve the minutes as presented was made, seconded and unanimously approved.

The following documents were signed and notarized as needed:
        
Order of Conditions Benreece LLC beach stairs:  SE 12 - 556; AP 30-106.2.
Certificate of Compliance; Robert VonMehren well and trenching; SE 12 – 419; addressStreet245 North Rd. AP 13-8.
Certificate of Compliance; Robert VonMehren addition to house; SE 12 – 434; addressStreet245 North Rd. AP 13-8.
Order of Conditions Malkin: SE 12 - 557; AP 25-125.

With no further business to conduct the meeting adjourned at 3:00 PM.
 
Respectfully submitted by PersonNameChuck Hodgkinson, C.A.S.