FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Virginia Dyer, Dick Smith, Andrew Fischer, Rusty Walton and Chuck Hodgkinson. Glenn Provost, Doug Hoehn, Graeme & Judie Flanders, Ron Mechur, Allen Flanders, Matthew Dix, Roland Kluver, Brian Hurley and Debbie Hancock also attended. Ray Kellman, Bruce Bartels and David Flanders were absent.
Mr. Steves opened the meeting at 5:30 PM and informed the audience that the Commission made their site visits for today’s agenda on August 19th. He further appointed alternate Commissioners Messrs. Fischer and Smith as voting members for the day’s agenda.
MV LAND BANK NOI SE 12 – 562; AP 7-25, 52: Mr. Steves opened the hearing at 5:30 PM. Mr. Dix summarized a revised plan for creating several walking trails and a 4-car parking area on the Land Bank’s Tiasquam Valley Reservation properties. The wetlands were reflagged and accepted by the Commission. The updated wetland flagging indicates that there is no proposed work that will take place in a wetland and thus, no restoration will be required – if the plan is approved. Mr. Dix added the MESA filing indicates the project will not require a survey and is not a taking of habitat—provided certain mowing schedules are met. The bridge over the brook will be replaced and replicated with locust planking to match the original structure. Silt fencing will
be installed for all work that might take place in a buffer zone.
Mr. Dix also pointed out that a section of ground-level boardwalk will change to a length of 225 feet – as pointed out during the site visit. A 5’ X 5’ pump house will be moved and placed on concrete piers near the pond and used as a wildlife viewing stand. The walking trails will be cleared of invasive species and the stone wall along Middle Road will be exposed to improve the safety and sight lines for this ingress and egress point to the parking area.
Mr. Kluver mentioned that while not a part of this application, he sold some of his land to the Land Bank that is near this area. He explained his request to have the Land Bank not remove the poplar trees that are along the Middle Road entrance to this parcel. The Commission responded by stating this request is not within its jurisdiction and added it hopes the Land Bank would continue work with its neighbors as always.
After further discussion a motion was made, seconded and unanimously approved to close the hearing at 5:50 PM. A subsequent motion was made to approve the revised plan as presented and confirmed that no wetland restoration would be required. The standard conditions will also apply. The motion was seconded and unanimously approved.
GLENN PROVOST FOR ALLEN FLANDERS NOI SE 12 – 566; AP 33-57: Mr. Steves opened the hearing at 5:52 PM. Mr. Provost summarized the plan to install a post and wire fence along the edge of an easement. Its purpose is to define the easement and protect the wetland from traffic on the easement. Separately, a plan to reestablish the grasses that were damaged due to vehicular wheel ruts was presented. The Commission discussed whether or not they think the proposed activity will harm the resources that are protected. Ms. Dyer added that it’s the applicant’s responsibility to convince the Commission there will be a minimal impact on the resources.
Mr. Graeme Flanders read a statement for the record that summarized the history of this project that started with installing the fence in March 2008 without a permit and questioned the fence’s stated purpose. He believes the fence trumps the Town’s Wetland Protection By-Law. He added that he sent a letter to Allen Flanders objecting to the fence on 4/4/08 and has not yet received a response.
The Commission reiterated that its jurisdiction is isolated to judging a proposed activity’s impact on the resource and added if there are other legal issues involved with the fence they are outside its jurisdiction.
After discussion, all Commission members except Ms. Dyer agreed the hand dug fence post holes will have no negative impact on the resource. Ms. Dyer expressed an opinion that she is not convinced and it is the applicant’s burden to prove the activity will not harm the resource. Mr. Provost responded that common sense should satisfy the burden of proof. Ms. Dyer disagreed.
With no further discussion a motion was made, seconded and unanimously approved to close the hearing at 6:07 PM. Ms. Dyer made a motion to deny the permit on the basis that the applicant has not provided evidence that the fence will not harm the resource. The motion perished for lack of a second.
A subsequent motion was made to approve the plan as presented with the following conditions: 1. Reasonable care shall be taken to collect and store the spoils on a tarp. 2. Loam and seed will be added around the fence posts after they are installed—in addition to the proposed reseeding of the wheel ruts. The motion was seconded and approved with four in favor and one opposed (Ms. Dyer).
DOUG HOEHN FOR SONGWIND LLC NOI SE 12 – 565; AP 27.1-86: Mr. Steves opened the hearing at 6:12 PM. Mr. Hoehn summarized the plan to replace the existing gate; provide water and electric service to the existing fixed pier via underground conduit and pipes; re grade and surface the 12’ X 25’ parking area with crushed shells; plant a native buffer of vegetation along the bank to contain runoff; place a 4’ X 8’ X 4’ high storage bin on blocks – with no permanent foundation; re grade, loam and seed the majority of the 0.1-acre lot as needed. There will be no supplemental irrigation system and the existing Rosa Rugosa vegetation will be enhanced. The dock is licensed and the applicant will continue to maintain the fixed pier as necessary. The
trench work will probably be completed within one day. Appropriate siltation barriers will be installed before work begins.
The Commission expressed some concern with the request for water service on the dock because it is on Menemsha Creek and near shellfish habitat. The specific risk is the use of detergents or soaps while washing down a boat.
After much discussion a motion was made to close the hearing at 6:35 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following conditions: 1. The specific details of the entire landscape plan shall be approved by the Conservation Officer before work begins. 2. A permanent, weather-proof sign shall be installed on the dock, facing the land and placed near the water spout. It shall read: “Prohibited: Use of any soaps or detergents”. 3. The Harbormaster shall be informed of this decision and asked to report any violations of this Order. 4. The standard conditions shall also apply. The motion was seconded and approved with four in favor and one opposed (Ms. Dyer).
RFD GRAEME FLANDERS AP 33-57, 93, 94: A request to withdraw this application for permission to continue mowing the field and wetland was read for the record. A motion to accept the withdrawal was made, seconded and unanimously approved.
PROPOSED CONSERVATION RESTRICTION – HOWARD B. HILLMAN, LAND BANK: The proposed conservation restriction (CR) for a 2.7-acre parcel that is a part of the land agreement made among the Town, Land Bank and the Hillman family was reviewed. After discussion a motion was made to recommend the accepting the CR. The motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE SE 12 – 299; AP 27.1-86: A motion was made to approve the Certificate of Compliance for William Holtham’s Chapter 91 pier license. The motion was seconded and approved with four in favor and one abstention (Ms. Dyer).
ADMINISTRATION: The meeting minutes for August 6, 2008 were reviewed. A motion to approve the minutes as presented was made, seconded and approved with four in favor and one abstention (Ms. Dyer).
The following documents were signed and notarized as needed:
Certificate of Compliance: SE 12 – 299; AP 27.1-86. Chapter 91 Pier License – William Holtham.
Order of Conditions Land Bank SE 12 – 562; AP 7-25, 52.
Order of Conditions Flanders SE 12 – 566; AP 33-57.
Order of Conditions Songwind LLC SE 12 – 565; AP 27.1-86.
Conservation Restriction: Howard B. Hillman, Land Bank.
With no further business to conduct the meeting adjourned at 7:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
| 
