Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, Russell Maloney, David Flanders, Virginia Dyer, Dick Smith, Rusty Walton and PersonNameChuck Hodgkinson. Ron Mechur, Reid Silva, Stephen Spongberg and Allan Keith also attended. Ray Kellman, Bruce Bartels and Andrew Fischer were absent.
Mr. Steves opened the meeting at 1:30 PM and announced a site visit to addressStreet30 Flanders Lane; AP 26-31.1.
BERGER CONSERVATION RESTRICTION AND ENFORCEMENT ORDERS RESEARCH: The Commission welcomed Messrs. Keith and Spongberg to the meeting and thanked them for taking the time to assess the situation at the Dietz and Berger properties; AP 27-15.1 and 15.2. Mr. Keith, Chilmark resident and renowned ornithologist summarized his site visit and stated a nesting Green Heron was observed in the Heron Pond rookery. After much discussion Mr. Keith said the clearing that was done in and around the Heron Pond is very unfortunate. He recommended creating no more disturbance of the area until at least this October – to ensure privacy for the nesting Green Heron. Mr. Keith agreed with the Commission’s recommendation of eventually installing a fence near the garage with screening to provide
privacy. He deferred any revegetation conclusions for the rookery to Dr. Spongberg.
Dr. Spongberg summarized his observations and agreed with Mr. Keith that the clearing is very disturbing – considering the area is protected by a Conservation Restriction (CR). Dr. Spongberg made several recommendations on how to restore each of the protected areas shown on the site plan dated 7/12/99 and return them back to the level of preservation as outlined in the CR. The Commission agreed with the recommendations and asked Chuck H. to prepare a brief of both Mr. Keith’s and Dr. Spongberg’s recommendations. This brief will first be approved by the Dietz’s as the majority of the restoration will occur on their property. Once approved, the brief will accompany the Commission’s Enforcement Orders. These Orders will require the submission of Notices of Intent with
detailed supporting plans that are consistent with directions outlined in the brief.
RFD RON MECHUR FOR ALLEN placeFLANDERS; AP 26-31.1: David Flanders recused himself from this meeting because the applicant is a relative. Mr. Mechur summarized the comments made at their earlier site visit to repair the driveway apron where Mr. Flanders’s driveway intersects with addressStreetFlanders Lane. He added that hay bales will be installed along the entire 40-foot section that will be repaired – not the last 20 feet as originally proposed. After brief discussion a motion for a negative determination was made, seconded and approved with a vote of four in favor and one abstention (Mr. Flanders).
NOI REID SILVA FOR DEBBIE HANCOCK; SE 12 – 558; AP 27.1-120: Mr. Steves opened the public hearing at 2:40 PM. Mr. Silva summarized the application to license and maintain the existing pier, tie-off piles and floats that are in PlaceNameplaceMenemsha PlaceTypeBasin. The Commission read a letter from the Division of Fisheries indicating it has no recommendations at this time because the pier is a pre-existing structure. A separate letter from the NHESP indicates the existing structures will not adversely affect the Resource Area Habitat of state-protected rare wildlife species and appears to meet the state-listed species performance standard for the issuance of an Order of Conditions. After brief discussion a motion was made, seconded and unanimously approved to close the hearing at
2:50 PM. A subsequent motion was made to approve the application as presented with the standard conditions plus the condition that no further revetments will be allowed other than the one already permitted. The motion was seconded and unanimously approved.
RUSTY WALTON UPDATES: Mr. Walton summarized and recommended approval of the plan and location for reinstalling the Meyer beach stairs—SE 12 – 524; AP 29-6. The Commission agreed.
Mr. Walton informed the Commission that the previously approved Malkin walkway to Chilmark Pond (SE 12 – 557; AP 25-125) will require a field survey for the presence of Saltpond Pennywort. The NHESP submitted a letter that was received after last week’s hearing. The applicant has agreed to perform the survey before any work begins.
Mr. Walton informed the Commission of an artesian well that abuts addressStreetFulling Mill Road. He shared pictures of the well and surrounding area.
ADMINISTRATION: The meeting minutes for June 4, 2008 were reviewed. A motion to approve the minutes as presented was made, seconded and approved with a vote of four in favor and one abstention (Ms. Dyer).
The Commission agreed to renew its MACC fiscal year 2009 membership and pay the $91.00 fee.
The following documents were signed and notarized as needed:
Determination of Applicability placeFlanders AP 26-31.1.
Order of Conditions Hancock: SE 12 - 558; AP 27.1-120.
Ms. Goff mentioned she will not be able to attend the July 2 meeting.
With no further business to conduct the meeting adjourned at 3:10 PM.
Respectfully submitted by PersonNameChuck Hodgkinson, C.A.S.
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