FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Andrew Fischer, Helen Parker, Bruce Bartels, Rusty Walton and Chuck Hodgkinson. George Sourati, Reid Silva, Glenn Provost and Caleb Nicholson also attended. Richard Steves, Virginia Dyer and Dick Smith were absent.
Ms. Goff opened the meeting as acting Chair at 12:30 PM and appointed Alternate Commissioner Helen Parker as a voting member for the day’s agenda. The site visits for today’s meeting took place on March 3.
GEORGE SOURATI FOR KAY MATSCHULLAT; NOI SE 12 – 575 AP 26-28, 29, 30.2, 31.1, 31.2, 31.3: Ms. Goff opened the public hearing at 12:30 PM. Mr. Sourati summarized the plan to remove and grind the stumps of selected trees, prune other trees and shrubs and restore a meadow by removing several woody invasive species. All of the meadow restoration is in the buffer zone of a bordering vegetated wetland. A small portion of the meadow restoration is about ten feet in the bordering vegetated wetland. All of the tree and shrub removal and pruning are within a wetland buffer zone. The work is on several abutting properties and written permission has been received from all but one of the property owners (Choi AP 26-29). The primary purpose of the project is to improve the
water view from Map 26 Lot 28. The proposed work will take place on and near Flanders Lane. The tree cutting and pruning will take place on Map 26 Lots 21, 28, 29, 30.2, 31.1, 31.2, 31.3. The meadow restoration will take place on Map 26 Lot 28.
The landscaper, Caleb Nicholson outlined the native vegetation that will replace the removed trees to prevent soil erosion and invasive species growth. He added the trees stumps will be ground and no soil will be removed from the site. The lower and dead branches in the Beetlebung grove will be removed. These trees will not be topped.
The Commission asked if the stump grinder is a walk-behind unit. Mr. Nicholson said all work will be done by hand to minimize ground disturbance. At the Commission’s request planking will be placed on the ground to further protect the buffer zone. With no further questions or comments from the audience a motion was made to close the hearing at 1:30 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. The DEP has no significant comment on the application. 2. Protective staging will be placed on the ground for the stump grinding work. 3. Letters of consent from all affected abutters will be produced before any work on their property begins. 4.
The Conservation Officer will provide oversight as needed. 5. A perpetual maintenance plan is granted provided the maintenance work and plan is reviewed by the Conservation Officer or Commission before work begins and renewed letters of consent from the affected abutters are presented for the maintenance work on their properties. The motion was seconded. Ms. Parker reiterated the significant discussion on the aesthetic values that are provided by the two oak trees that are slated for removal – shown as # 5 on the site plan. The Commission acknowledged and agreed. The motion was voted unanimously in favor.
REID SILVA FOR MARTHA COTTLE; NOI SE 12 – 577; AP 24-188, 190: Ms. Goff opened the public hearing at 1:35 PM. Mr. Silva summarized the plan to replace an existing seasonal pier that is 2 ½ feet wide with a permanent pier that is 4 feet wide. The new pier will have a 6’ X 10’ “T” at the end of the pier. The total length of the new pier and “T” will be the same as the existing pier – approximately 81 feet from the shore line. A total of 27 spiles will be installed for the new pier and “T” section. An existing ground-level walkway will be replaced with a longer raised walkway. This will go over a tidal salt marsh and connect to the new fixed pier. The walkway will be approximately 48 feet
long.
Ms. Goff read a letter from the Division of Marine Fisheries with its concerns and comments for the record. Mr. Silva addressed the Fisheries request for detailed engineering drawings. He explained that it has been his practice to prepare these costly drawings only if the plan is first approved by the Commission. These drawings accompany the Commonwealth’s dock license application. He further explained that the spiles will be 8” diameter locust posts which will be pounded in. The Commission suggested using a grating over the raised walkway to allow light penetration over the salt marsh. After much discussion on alternatives and with no comment from the audience a motion was made to close the hearing at 2:00 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. The Conservation Officer will send a letter to the Division of Fisheries explaining the Commission’s assessment of the plan. 2. The Conservation Officer shall inspect the staging and construction methods before work begins to ensure the impact on the salt marsh is minimized. 3. A grating will be used instead of planking on the raised walkway. 3. No pressure-treated lumber will be used. 4. All equipment shall be re fueled outside the salt marsh and buffer zone. 5. The Chilmark Shellfish Constable will inspect the site and evaluate the habitat’s suitability for shellfish propagation. The pier may be installed only if the Constable determines the habitat is not suitable for shellfish. The motion was seconded and unanimously approved.
GLENN PROVOST DISCUSSION; PACER NOMINEE TRUST; SE 12 – 551; AP 35-1.15: Mr. Provost summarized the desired changes to the footprints of several planned structures. The Commission recommended he file a request for an Amended Order of Conditions. A hearing will be scheduled, advertised and abutters must be notified.
ADMINISTRATION: The meeting minutes for February 18, 2009 were reviewed. Ms. Goff declared the minutes acceptable as presented.
The draft Kohlberg Conservation Restriction (AP 24-192, 193) dated December 15, 2008 was reviewed. The following outlines the Commission’s comments. Chuck H. will communicate them to the Kohlberg’s attorney, Mr. Stephen Small.
1. The Memorandum of Understanding (MOU) is something that is between the Selectmen and applicant.
2. Page 5:~ As indicated on the site plan dated 10/29/07 the CR only involves lots 5A and 5 as shown on that site plan.~ Item 21:~ Given this assumption there is 200 feet of shoreline not 700 feet.
3. Page 12:~ Item 2.6 says the Grantee may delegate to another organization…item 2.7 (a): says Grantee shall bear primary responsibility for, and may not delegate…These two statements seem contradictory.
4. Page 13:~ Prohibited Uses 3. (c):~ revise to say “residential, commercial or industrial uses…
5. Page 17:~ 5.2 Wells and Septic Systems:~ Revise this to clarify that these wells or septic systems may only be permitted and created to support structures that are in existence on the date this CR is signed and executed.~ No new systems may be installed on the CR lots for any future, new structures that do not yet exist.
The following documents was signed and notarized as needed:
Order of Conditions: SE 12 – 575; AP 26-28, 29, 30.2, 31.1, 31.2, 31.3.
Order of Conditions: SE 12 – 577; AP 24-188, 190.
The Commission thanked Alternate Commissioner Helen Parker for all of her assistance and contributions this winter.
With no further business to conduct the meeting adjourned at 2:20 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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