FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Dick Smith, Bruce Bartels, Andrew Fischer, Virginia Dyer, Rusty Walton and Chuck Hodgkinson. Glenn Provost, Leo DeSorcy, Roland Kluver, Wendy Weldon, Kib Bramhall, Steve Flanders and Fran and Phil Demurs also attended.
Mr. Steves opened the meeting at 12:30 PM and appointed Alternate Commissioners Dick Smith and Andrew Fischer as voting members for the day’s agenda. The Commission proceeded attend to a site visit at AP 37-2.
Upon returning from the site visit Mr. Steves re-opened the public meeting at 1:15 PM.
RFD JOHN EARLY FOR MARK LEVY & JONATHAN DURST; AP 21-17: Chuck H. summarized the plan to renovate the interior of the existing home and add two shed dormers to the roof. The footprint of the structure will not change—a portion of which is within the 100-foot buffer zone of the Vineyard Sound coastal bank. After brief discussion a motion for a negative determination was made, seconded and unanimously approved.
RFD KIB BRAMHALL FOR SQUIBNOCKET ASSOCIATES; AP 37-2: Mr. Bramhall summarized the plan to clear brush to create a boardwalk walkway from the existing private parking area to the beach. The work will take place within the 100-foot buffer zone of the coastal beach and shoreline. The Commission discussed the observations made on the earlier site visit. The pros and cons of having the path located on the section labeled as “Path Option B” on the site plan versus the alternative location labeled as “Path Option A”. Path Option A has a longer route for the path. “Path Option B” while shorter, intersects with the existing beach roadway which may pose a safety hazard for pedestrians. The Trustees of Reservations holds a Conservation
Restriction on the area and prefers Option A but approves of both proposed locations. Steve Flanders will install the walkway and recommended Option A and did not recommend raising the walkway on posts because it would create more disturbance than placing the boards on the sand. He added that a raised walkway may become a safety hazard for senior citizens using the boardwalk.
After discussion a motion was made for a negative determination for installing the boardwalk as outlined by Steve Flanders. The motion was seconded. A condition was added for an indefinite maintenance plan provided the proposed maintenance work is reviewed by the Commission before it begins. The motion was unanimously approved as conditioned.
GLENN PROVOST FOR MERLE BERGER; SE 12 – 564; AP 27-15.1, 15.2: Mr. Provost attended at the Commission’s request to discuss its request to relocate the air exhaust for the auxiliary generator that is located in the garage. The Commission asked if the exhaust could be moved to the front of the garage to provide less noise disturbance of the adjacent heron rookery. Mr. Provost provided his client’s negative response to the request because this requirement was not specified in the corresponding Enforcement Order issued on July 2, 2008 for SE 12 – 404 and approved Order of Conditions for SE 12 - 564. He added the Berger’s intend to fully comply with all requirements outlined in the Order of Conditions. The Commission also
discussed the merits of leaving the buried propane tank in place versus placing it above ground on the back side of the garage as approved by the Conservation Officer.
After lengthy discussion a motion was made to amend the Order of Conditions for SE 12 – 564 as follows: 1. The propane tank may remain in its current location because it will create fewer disturbances than placing it above ground, behind the garage. 2. The gravel parking area will be removed and restored with loam for the winter and re-vegetated in accordance with the timing outlined in the letter dated 11/6/08. It specified no activity would take place in this area between March 1 and September 1. A temporary screening fence will be installed if the vegetated screening cannot be planted before March 1, 2009. The motion to amend the Order was seconded and with five in favor and one abstention (Ms. Dyer).
DISCUSSION GLENN HEARN; PROPOSED DOCK AND NOI FOR BLUE HERON FARM AP 11-23.1: Mr. Hearn thanked the Commission for its time and summarized how he will submit a Notice of Intent to add approximately 60 feet of dock to the existing walkway that ends at the edge of the coastal bank. The Commission clarified that any discussion does not guarantee approval and offered to make a site visit to discuss the proposal on December 9 @ 8:00 am.
RUSTY WALTON UPDATES:
SACKS ENFORCEMENT ORDER; AP 24-209, 216: Mr. Kluver introduced himself as the project manager for Mr. Sack’s construction. He reviewed several photographs of the site and conditions and outlined the locations for hay bales and silt fencing that were approved by Mr. Walton and installed. He added that a siltation barrier will be placed along the inside border of Chappaquoit Road to contain any future erosion or runoff. Mr. Walton added that Mr. Kluver has made a serious, good faith effort to correct the problems outlined in the enforcement order. The Commission agreed the solutions should solve the erosion problems and asked the Conservation Officer to continue monitoring the situation to determine if additional measures are needed. Mr. Kluver agreed and thanked the
Commission for its time.
CERTIFICATE OF COMPLIANCE SE 12 – 352; AP 23-3: Mr. Walton outlined the addition to Mr. Lloyd’s house and the septic upgrade were both completed in 1999 and is in full compliance with the Order of Conditions. A motion was made to accept the report and approve the Certificate of Compliance. The motion was seconded and approved with five in favor and one abstention (Ms. Dyer).
ADMINISTRATION: The meeting minutes for November 19, 2008 were reviewed. A motion to approve the minutes as amended was made, seconded and approved with four in favor and two abstentions (Ms. Dyer and Mr. Fischer).
The following documents was signed and notarized as needed:
Determination of Applicability: AP 21-17.
Determination of Applicability: AP 37-2.
Certificate of Compliance: SE 12 – 352; AP 23-3.
Sign an notarize duplicate Order of Conditions for Schofield, Barbini & Hoehn – they lost the original for filing with Registry SE 12 – 565; AP 27.1-86 – Songwind LLC – pier maintenance, water and electric service.
Menemsha Basin Dredging: The Commission reviewed and acknowledged the letter dated 12/1/08 from the Harbormaster informing them that 500 cubic yards will be dredged from the basin before December 31, 2008. It is allowed under DEP permit # 410 that expires on January 6, 2014.
NEXT MEETING: The site visits for the next meeting will take place on December 9 @ 8:00 am.
With no further business to conduct the meeting adjourned at 2:45 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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