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Conservation Commission Minutes 11/16/11
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Sandy Broyard, Donald Poole, Dick Smith and Chuck Hodgkinson.  Dennis Jason, Jonathan Mayhew, Tim Carroll and Chris Alley also attended.  Richard Steves,       Wesley Cottle and Caitlin Jones were absent.  

The meeting came to order at 12:30 PM.  Ms. Goff was appointed as acting Chair.  No site visits were required for today’s meeting.  

NOI SE 12 – 642; TOWN OF CHILMARK; Boathouse Rd.; AP 27.1-229:  Ms. Goff opened the public hearing at 12:30 PM.  Mr. Jason summarized the request to dredge and maintain a 30’ X 50’ section of land under water bodies and waterways.  The Town leases the land from the U.S. Coast Guard.  Approximately 60 cubic yards of material will be removed with each dredging.  Acceptable spoils will be used as beach nourishment on the dune behind the Menemsha comfort station.  This is the same location for the already-permitted Menemsha Basin dredge spoils.  He added after the dredging is complete the Town may apply for a permit to add two floating docks that will increase the number of seasonal small boat slips.

Ms. Goff read a letter from the Division of Fisheries dated 11/14/11 for the record.  The DEP commented that if approved the Order of Conditions will serve as a Water Quality Certificate and a Chapter 91 license will need to be obtained for the work.

With no further comment from the public a motion was made to close the hearing at 12:44 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:                        1. A Chapter 91 license shall be obtained.  2.  The specific timing restrictions for the dredging as outlined in the Division of Fisheries letter dated 11/14/11 shall be followed.  The motion was seconded and with no discussion approved unanimously with four in favor.

INFORMAL DISCUSSION CHRIS ALLEY FOR SUSAN DAVIDSON (HOWLAND); AP 34-1.02 to AP 34-1.08:  Mr. Alley summarized how the walking trails through several adjacent properties have been relocated.  There is one more trail that needs to be moved.  It will be eight to ten feet wide for ease of maintenance for tractor mowing and primarily used for foot traffic.  Mr. Alley reviewed several possible options for the trail’s re-location and said the wetland edge in one area will need to be established and an updated survey performed.  The Commission discussed the pros and cons of the various proposals and suggested returning with the best plan for formal discussion.  Mr. Alley thanked the Commission for its time.

Mr. Mayhew asked about a separate walking trial and gate that provides access to Stonewall Pond.  He said it was used by Chilmarkers for years and now seems to have restricted use.  Mr. Alley said he believes the property is now owned by the Sheriff’s Meadow Foundation and the Conservation Restriction is managed by the Trustees of Reservations.  He continued by stating he thinks the trail in question is located just over the Town border and is in Aquinnah.  He also said there may be a long-term lease from the early 1960’s that specifies the right of way use of the trail for the residents of Gay Head.  The lease may also state its use is restricted for fishing access to the pond.         Mr. Mayhew expressed concern that Chilmark residents are excluded from this lease and right of way.  He asked if it could be investigated further and if an accommodation can be made.  Chuck H. will look into it.  

CERTIFICATE OF COMPLIANCE SE 12 – 163; off South Road (now Cobbs Hill Road); AP 11-23:  Chuck H. explained there is an old Order of Conditions for the boathouse that was never issued a Certificate of Compliance. The Order of Conditions was issued on 5/13/92 to Anthony Fisher for the boathouse and wrap-around deck that attaches the stairs to the retaining wall.  A request for the Certificate of Compliance was filed on 2/7/96 by Glenn Provost.  A Certificate of Compliance was prepared on 1/26/98 but never executed or signed.  Chuck H. shared photos of the structures and said there is no plumbing as specified in the Order of Conditions.  After brief discussion a motion was made to accept the report and issue the Certificate with the following on-going condition:  As outlined in the Order of Conditions Special Condition # 15, there shall be no plumbing in this structure and it shall be primarily used for boat storage.  The motion was seconded and unanimously approved with four in favor.
 
ADMINISTRATION:  
The November 2 Meeting Minutes were approved as presented by consensus.

The following documents were signed:
Order of Conditions Town of Chilmark; SE 12 – 642; AP 27.1-229.
Cert. of Compliance Blue Heron Properties SE 12 –163; AP 11-23.

With no further business to conduct the meeting adjourned at 1:25 PM.
 
Respectfully submitted by Chuck Hodgkinson, C.A.S.