FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Donald Poole, Dick Smith and Chuck Hodgkinson. Also attending was Steve Lewenberg. Andrew Fischer, Bruce Bartels, Richard Steves, Caitlin Jones and Virginia Dyer were absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chair. Alternate Commissioner Donald Poole was appointed as a voting member for the day’s agenda. The site visits for today were made on November 30.
NOI SE 12 - 618; STEVE LEWENBERG; 3 Osprey Lane; Map 25 Lots 117.1, 117.3: Ms. Goff opened the public hearing at 12:35 PM. Mr. Lewenberg summarized his plan to remove one tree in a bordering vegetated wetland on lot 117.3 and remove two additional trees, prune and perpetually maintain other selected trees and brush in a bordering vegetated wetland and the wetland buffer zone on lot 117.1. The purpose of the work is to open the water view of Chilmark Pond from lot Map 25 Lot 122. Ms. Goff read the DEP comments regarding tree pruning and its recommendation to top but not remove the tree in the wetland. She also summarized her observations from the site visit on November 30. There is significant brush growth of winterberry and sweet pepperbush that provide shade cover for the pond. She suggested not pruning the brush below a height of five feet.
After brief discussion among the Commissioners and with no further comment from the audience a motion was made to close the hearing at 12:46 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan with the following special conditions: 1. The two trees on the lawn may be removed. The tree in the wetland may only be pruned and to a minimum height of five feet above grade. The brush may be pruned as shown on the plan but to a minimum height of five feet above grade. This will protect and ensure shading for the resource. 2. An on-site meeting shall take place among the Conservation Agent and contractor(s) to review this Order before any initial pruning or future maintenance work is performed. 3. The area may be
maintained as described in perpetuity provided the requirements of this Order are met at all times. The motion was seconded and with no discussion passed unanimously with four votes in favor.
CERTIFICATE OF COMPLIANCE CAPE COD COMPANY; SE 12 – 249; AP 33-114: Chuck H. summarized that this parcel is being sold. The Order of Conditions was issued in March 1995 to clear several paths on the property and to Round Pond. A 12’ X 12’ wooden platform near two boulders on the pond’s edge with a wooden ramp to the platform was also built. Chuck H. continued that a site visit was made with Reid Silva and the project as built is in full compliance and the foot paths should have continued maintenance. After brief discussion a motion was made to approve the Certificate of Compliance as outlined. The motion was seconded and unanimously approved with four in favor.
FOLLOW UP ENFORCEMENT ORDER ADAM ZOIA; SE 12 – 604; 18 Point Inner Way; AP 33-114: The Commission discussed the site visit observations and how two pine trees that were damaged by wind were topped and thirteen additional trees were removed. The stumps were painted black. After significant discussion a motion was made to issue an Amended Enforcement Order to supplant the Enforcement Order issued on October 20, 2010 with the following additional requirements:
1. Five additional native juniper trees will be planted on the coastal bank and area of disturbance in Spring 2011 and before March 31, 2011.
- Any additional violations of this Enforcement Order or the Order of Conditions issued for SE 12 - 604 may be regarded by the Commission as constituting good cause to revise or revoke the Order of Conditions as stipluated in the Town's Wetland Protection Bylaws and the Commonwealth's Wetland Protection Act, impose further civil money sanctions, seek criminal sanctions under law, and/or refer the matter to the DEP, Attorney General's Office or MA. Strike Force for state investigation and enforcement as they may find appropriate. Before construction begins the Commission requires the hiring of an environmental monitor satisfactory to the Commission and at the owner’s expense to conduct site inspections as deemed necessary for compliance herewith and issue weekly reports to the Commission until the Commission may deem this not
necessary.
The motion was seconded and with no further discussion approved unanimously with four in favor.
ADMINISTRATION: The November 17, 2010 meeting minutes were reviewed and approved as presented by consensus.
The following documents were signed:
Order of Conditions SE 12 – 618; Lewenberg; AP 25 Lots 117.1, 117.3.
Certificate of Compliance Cape Cod Co.; SE 12 – 249; AP 33-114.
FY 2012 Budget: The Commission reviewed and approved the proposed FY 2012 budget. The Conservation Agent annual budget was lowered from the previous $6,500 per year to $5,000. The Fincom hearing is scheduled for Wed., January 12, 2011 @ 6:00 PM.
With no further business to conduct the meeting adjourned at 1:15 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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