FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Andrew Fischer, Bruce Bartels, Virginia Dyer, Dick Smith, Rusty Walton and Chuck Hodgkinson. Caitlin Jones, Isaiah Scheffer, Rick Karney, Chris Alley and Granville White also attended. Richard Steves was absent.
Ms. Goff opened the meeting as acting Chair at 12:30 PM. The site visits for today’s meeting took place on April 14.
GLENN HEARN FOR BLUE HERON PROPERTIES; NOI SE 12 – 576; AP 11-23.1: Chuck H. read a letter requesting a continuance of this hearing to May 6, 2009 @ 12:45 PM. A motion was made to accept the request. The motion was seconded and unanimously approved.
RFD GRANVILLE WHITE; AP 7-61: Mr. White summarized his plan to replace and rebuild the existing fence that crosses a bridge over the Tiasquam River with a split rail fence. The new fence will have locust posts. Mr. White added he would also like to prune and/or remove invasive species of vegetation along the sides of the bridge with periodic maintenance. After brief discussion a motion was made for a negative determination. The motion was seconded and unanimously approved.
RICK KARNEY FOR MV SHELLFISH GROUP AND TOWN OF CHILMARK; NOI SE 12 – 580; LAND UNDER VINEYARD SOUND AND RI SOUND: Ms. Goff opened the hearing at 12:40 PM. Mr. Karney summarized the history and plan to construct separate 15-acre and 10-acre aquaculture zones for submerged longline mussel culture testing in the offshore waters of Martha’s Vineyard – Vineyard Sound and Rhode Island Sound. This test is a cooperative effort among the three up-island Towns of Aquinnah, Chilmark and West Tisbury. The aquaculture proposal is exempt from regulation under Chilmark’s Wetland Protection By-Laws. The Massachusetts Division of Fisheries requires the Notice of Intent filing.
Mr. Karney added that a test will first be conducted and if successful, rolled out to the entire 25-acre area as proposed and run as a private commercial fishing enterprise by local island fishermen. The plan was developed and successfully executed by the University of New Hampshire for ten years.
The test gear will include two anchors with flyers, one on each end of a 600-foot long line with attached ropes for the mussels. It will be submerged about 30-40 feet below the water’s surface. The gear will be placed in water with a depth of about 80 feet for temperature control purposes. Mr. Karney said the gear will eventually be marked on navigation charts and commented that most boats will be able to sail over the submerged lines—except fishing draggers in tow.
Mr. Karney shared his letters responding to the Army Corps of Engineers, Coastal Zone Management and Division of Fisheries questions. He added the response from the NHESP has not yet been received. Ms. Goff read the three letters of response aloud for the record.
The Commission asked how the proposed sites were chosen. Mr. Karney explained that the sites are within the three-mile Town and State waters boundaries, avoid current recreational and commercial fishing use areas and reflect input from public hearings held in each of the three Towns.
Mr. Karney further explained that the Washington State court has determined there will not fecal matter pollutants created by the mussels and added the mussels will filter the water and self pollinate. If pea crabs are detected in a crop the propagation can be rotated to one of the other sites until rectified.
After much discussion the Commission complimented Mr. Karney on his thorough and well conceived plan. With no further comment from the audience, a motion was made to close the hearing at 1:25 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the test and 25-acre rollout plan if successful with the following conditions:
1. The gear and installation specifications shall duplicate the University of New Hampshire (UNH) design for the test and rollout of the program. Any changes to this design shall be reviewed with the Commission before installation.
2. The Army Corps of Engineers (ACOE) maintenance and operations plan and procedures shall be followed for the test and rollout of the program.
3. A propagation permit shall be obtained from the Massachusetts Division of Fisheries as needed before executing the test and rollout of the program.
4. A permit from the Chilmark Board of Selectmen shall be obtained before rolling out the program as a commercial enterprise.
5. Ongoing inspection and operations reports shall be issued as required by the ACOE for the test and rollout programs. Copies of these reports shall be given to the Commission.
6. A report of the test results indicating the impact of the program -- if any --on the resource areas (water quality, fisheries of whales or sea turtles and land under the ocean) shall be given to the Commission before rollout of the program.
7. A bond shall be posted before the rollout of the program to provide sufficient estimated funds for removing all test and/or rollout gear and equipment if the project is abandoned at any time in the future.
8. There are no significant objections received from the NHESP.
The motion with conditions was seconded and unanimously approved.
DISCUSSION CHRIS ALLEY FOR 9 AZALEA NOMINEE TRUST; SE 12 – 531; AP 29-8: Mr. Alley summarized some proposed changes to the approved plan for relocating the existing house farther away from the eroding cliff. He added the bedroom count (four) will not change. The Commission advised an application for an Amended Order of Conditions must be filed with an explanation of the methods to be used.
RFD GEORGE SOURATI FOR JILL BERNSTEIN; AP 27.1-166: Chuck H. read a letter requesting a postponement to May 6, 2009 @ 12:35 PM. A motion to accept the request was made, seconded and unanimously approved.
RFD GEORGE SOURATI FOR JANE WACHSLER AP 26-1: Chuck H. read a letter requesting a postponement to May 6, 2009 @ 12:30 PM. A motion to accept the request was made, seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE SE 12 – 219; AP 29-7: Mr. Walton summarized that this project to build a home and install a septic system and well at 11 Azalea Lane was completed in 1995 and stated it is in full compliance with the Order of Conditions. A motion was made to accept the recommendation and approve the Certificate of Compliance. The motion was seconded and unanimously approved.
RUSTY WALTON UPDATES: Mr. Walton updated the Commission on the progress of the Berger re-vegetation plan; SE 12 – 564; AP 27-15.1, 15.2; The Chilmark Pond was opened to the sea on April 10, with no rare birds objecting; the Goldberg spring beach stair installation and a leaf raking and dumping incident at the Menemsha Inn which has since been rectified.
ADMINISTRATION: The meeting minutes for April 1, 2009 were reviewed. Ms. Goff declared the minutes acceptable as presented.
The following documents was signed and notarized as needed:
Determination of Applicability AP 7-61.
Certificate of Compliance SE 12 – 219; AP 29-7.
With no further business to conduct the meeting adjourned at 2:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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