FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Caitlin Jones, Dick Smith, and Chuck Hodgkinson. Also attending were Glenn Provost, Chris Alley, Matt Flanders, Ginny Jones and Peter Norris. Richard Steves, Bruce Bartels and Donald Poole were absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chair. Associate Commissioner Ms. Jones was appointed a voting member for the day’s agenda. The site visits for today’s meeting were made on May 3.
NOI SE 12 – 621; REID SILVA AND GLENN PROVOST FOR SCHEUER FAMILY PROPERTIES, LLC; 2 Chocker’s Lane; AP 33-4, 6: Ms. Goff informed Mr. Provost that there are only four eligible Commissioners present to hear and vote on his application and offered the option to continue it to the next meeting. Mr. Provost thanked the Commission and elected to re-open the hearing today. Ms. Goff opened the continued public hearing at 12:30 PM. Mr. Provost shared a site plan outlining the location of the Commission’s previously proposed alternative location for the path and raised walkway. He estimated the new location would create approximately + 50 percent more disturbance than the original proposed location. The alternative location would have a 700’ path
in the buffer zone; require a 30’ walking bridge over a brook while still requiring 100’ of raised walkway over the salt marsh to the pond’s edge.
The Commission pointed out the salt marsh is one of the Town’s most valuable resources. The benefit of the alternative location (along the west lot line and stone wall) is the salt marsh and pond edge provides a much better section of beach for launching kayaks than the original proposed location. The original proposal cuts through the middle of a pristine salt marsh. The pond’s edge is much softer with a muddy consistency. The kayak launching in this area would create more disturbance of land under a salt pond and potential habitat for bay scallops and softshell clams.
After discussion Mr. Provost asked for a continuance to May 18, 2011 @ 1:05 PM to provide time to discuss the options with his client. A motion was made to accept the request. The motion was seconded and unanimously approved with four in favor.
THREE TREES LTD. BRUSH CLEARING: While not his project Mr. Provost presented a separate site plan of the Scheuer property as requested by the Commission. He explained how the area originally approved for brush clearing and tree pruning was shown against the surveyed boundaries of the area that was actually cleared. The majority of the clearing was done outside the approved work area and covers a much larger section of the property than originally approved.
After discussion a motion was made to make a follow up site visit on Tuesday, May 10 to take photographs of the clearing. Subsequent to that visit a letter will be sent to the owners outlining the work discrepancies and the value of the resources affected. The motion was seconded. In discussion it was further agreed to add the following requirements to the letter:
- The previously conditioned bridge over a wetland shall be installed in accordance with the special conditions outlined in the Order of Conditions for SE 12 – 552 before any additional work of any kind is performed on the property.
- The area of brush clearing and tree pruning that was done by Three Trees Ltd. shall be allowed to grow back to its prior state.
- The perpetual maintenance of the brush clearing and tree pruning initially permitted with the Determination of Applicability issued to Three Trees Ltd. on 2/4/11 is rescinded. No maintenance of the cleared area or tree pruning as shown on the surveyed site plan dated 2/24/11 is allowed without first submitting a MESA filing and a Notice of Intent for work in a bordering vegetated wetland buffer zone resource area -- as defined in Chilmark’s Wetland Protection Bylaws.
CERTIFICATE OF COMPLIANCE; SE 12 – 493; AP 26-30.2, 31.1, 31.2, 31.3: Mr. Alley presented photographs of the view clearing that was done for Allen Flanders. The Commission agreed the work was done in full compliance with the Order of Conditions. A motion was made to issue the Certificate of Compliance accordingly. The motion was seconded and unanimously approved with four in favor.
NOI SE 12 – 631; CHRIS ALLEY FOR ALLEN FLANDERS; off Flanders Lane; AP 26-30.2, 31.1, 31.2, 31.3: Ms. Goff opened the public hearing at 1:00 PM. Mr. Alley summarized that this Notice is asking for a renewal of the previous Order of Conditions that was certified as complete—SE 12 – 493. He added this application requests perpetual maintenance of the view clearing provided the maintenance work is reviewed with the Conservation Agent before the work is done. The Commission reviewed the special conditions issued with SE 12 – 493 and agreed they are still appropriate. Matt Flanders added that Beetlebung Tree Care will do the work and said there will be some “drop crotch” pruning of the trees. After a detailed explanation of this procedure the
Commission agreed it is an acceptable method of pruning design and is consistent with the special conditions. With no further discussion a motion was made to close the hearing at 1:20 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the same conditions as outlined in the Order for SE 12 – 493. The motion was seconded. In discussion it was agreed to add a special condition that the Beetlebung may be pruned this once in May 2011. After that all pruning and maintenance shall be done in the fall – after defoliation. The motion and special conditions passed unanimously with four in favor.
CERTIFICATE OF COMPLIANCE KAREN DAVIS; SE 12 – 442; 4 Old Hunt Place; AP 24-198: Chuck H. presented photos of a raised walkway to Chilmark Pond that was permitted in 2003. The request for the Certificate of Compliance asks for the ability to maintain the boardwalk in perpetuity provided the maintenance plans are reviewed with the Conservation Agent or Commission before work begins. After brief discussion a motion was made to grant the Certificate as in full compliance with the on-going maintenance conditions. The motion was seconded and unanimously approved with four in favor.
DISCUSSION PETER NORRIS; 19 Blueberry Ridge Lane; AP 8-59: Mr. Norris distributed a Request for Determination of Applicability (RFD) application, read a statement explaining why he believes his property meets the criteria for an agricultural exemption and outlined how he would like to plant a grove of over 29 blueberry bushes in the wetland.
The Commission explained that any RFD must be submitted, scheduled and advertised to a prescribed timetable. It also referred to the letter dated 3/30/11 from the DEP outlining the specific criteria that must be met to qualify for an agricultural exemption. It further outlined the criteria in the Town’s bylaws about the same and added Mr. Norris uses his land more for horticulture than agriculture. Additionally, a for profit agricultural enterprise is one of the criteria needed for an agricultural exemption. The Commission then pointed out that a Notice of Intent would still need to be filed for the proposed activity in the wetland -- even if Mr. Norris had an agricultural exemption. Lastly, the Commission said blueberry bushes do not need to be planted in a wetland to thrive.
The Commission invited Mr. Norris to file a Notice of Intent for his proposed activity but advised him to first satisfy the conditions of the open Enforcement Order outlined in the letter dated November 9, 2010. It requires the 778 sq. ft. of planting beds and walkway in the wetland to be relocated. The wetland disturbance must be restored to its natural state by July 1, 2011. Up to 678 sq. ft. of planting beds may be placed in the buffer zone no closer than 20 feet from the wetland edge.
After further discussion Mr. Norris thanked the Commission and took back his RFD application.
DISCUSSION SE 12 – 580; VINEYARD SOUND MUSSEL AQUACULTURE OFF LUCAS SHOAL: Chuck H. outlined how the MV Shellfish Group would like to rotate the approved 15-acre aquaculture site 90 degrees -- parallel with the shoreline and currents. This is the site near Cape Higgon. The rotation will allow the anchors to be set in series and also allow one anchor to serve two lines. This will reduce the number of required anchors. The Commission read a letter from the Division of Fisheries dated 4/20/11 for the record. After discussion the Commission thought the change is an improvement to the original plan. A motion was made to approve the change as proposed and declare it an inconsequential change. The motion was seconded and unanimously approved with four in favor. Chuck H. will send a letter outlining the Commission’s approval.
ADMINISTRATION:
The April 6, 2011 Meeting Minutes were approved as presented by consensus.
The following documents were signed:
Order of Conditions Allen Flanders; SE 12 – 631; AP 26-30.2, 31.1, 31.2, 31.3. Certificate of Compliance Allen Flanders; SE 12 – 493; AP 26-30.2, 31.1, 31.2, 31.3.
Certificate of Compliance Davis; SE 12 – 442; AP 24-198.
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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