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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 07/20/11
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Sandy Broyard, Dick Smith, Wes Cottle and Chuck Hodgkinson.  Geoghan Coogan, Tom Della Rocco, John Armstrong and Patrick Ruel also attended.  Richard Steves, Caitlin Jones, Donald Poole and Bruce Bartels were absent.  

The meeting came to order at 12:30 PM.  Ms. Goff was appointed as acting Chair.       Wes Cottle was appointed as a voting member for the day’s agenda.  The site visits for today’s meeting were made on July 19.  

RFD TOM DELLA ROCCO FOR PAUL DI MAURA; 28 Basin Road;                   AP 27.1-124:  Mr. Della Rocco summarized the plan to install railroad ties within the existing lawn on the south side of Creek Hill Road to outline an additional parking space.  He would also like to install railroad ties on the north side of Creek Hill Road to deter vehicles from driving over the top of the bank.  The activity will take place within the 100-foot buffer zone of the Menemsha Basin coastal bank.  After brief discussion a motion was made for a negative determination.  The motion was seconded and unanimosuly apporved with four in favor.

NOI SE 12 - 636; GEORGE SOURATI FOR LAWRENCE AND NANCY STAR;    7 Huckleberry Hollow; Map 13 Lot 9.1   Chuck H. read an email from Mr. Sourati requesting a continuance to August 17 @ 12:30 pm so the owners can attend.  A motion was made to accept the request.  The motion was seconded and unanimously approved with four in favor.

INFORMAL CONSERVATION RESTRICTION DISCUSSION GEOGHAN COOGAN FOR RICHARD COLEMAN; Rockrose Path; AP 18- 92.2, 92.3:           Mr. Coogan explained how Mr. Coleman was seeking approval of a Form B subdivision of his property through the Planning Board (PB).~ The PB denied his application, but suggested that he come back with a plan that proposed a subdivision that includes two lots, one buildable lot and one resident homesite lot.

Mr. Coleman's original goal was to subdivide the parcel, and for tax reasons then seek to place both parcels in conservation by way of granting a conservation restriction in favor of the Town of Chilmark.

Given the PB's denial, Mr. Coleman would like to simply place the restriction on the existing two parcels, rather than go through with the permitting of the PB's suggestion, given he is planning to place the restriction on the property anyway.

The Commission explained that any comments it makes are not binding.  It did say it would be open to a conservation restriction – provided it was clear and tightly organized.  Mr. Coogan thanked the Commission for its time.

CERTIFICATE OF COMPLIANCE SE 12 – 586; 40 Larsen Lane; AP 27.1-33:  
The Commission discussed the observations made at the site visit for this 2009 Order of Conditions.  The plan called for the demolition of the existing single-family residence which was replaced with a new single-family residence.  The original house was not entirely on the owner’s property.  The activity took place within the buffer zone of an isolated wetland.  The footprint and deck area of the new house is slightly larger than that of the original structure.  The existing septic system will be used for the new house.  After discussion it was agreed the project was done in accordance with the Order.  A subsequent motion was made to issue the Certificate of Compliance.  The motion was seconded and unanimously approved with four in favor.

JOHN ARMSTRONG MUSSEL AQUACULTURE LICENSE FOR MENEMSHA POND:  Mr. Armstrong explained he is applying for a mussel farming license in Menemsha Pond.  He plans to have a 100’ X 600’ section that is adjacent to the approved oyster farms for Emmett Carroll and Donald Poole.  Oyster cages will sit on the mud bottom and have lobster buoys marking the area.  He added the Division of Fisheries inspected the site and determined it does not infringe upon the habitat of other marine species.  The Commission discussed this is a reasonable plan and is consistent with the Town’s bylaws—which also have an aquaculture exemption in the ponds.  A subsequent motion was made to issue a letter of consent for the proposal.  The motion was seconded and unanimously approved with four in favor.

PETER NORRIS ENFORCEMENT ORDER DATED 11/9/10; AP 8-59:  The Commission reviewed the Enforcement Order that called for removing the planting beds in a bordering vegetated wetland and the requirement to plant a new bed at least 20 feet from the wetland edge—by July 1, 2011.  After reviewing the photos taken by Chuck H. the Commission agreed the work is in full compliance of the Order.  A motion was made to send a letter stating all conditions of the Enforcement Order have been met.  The motion was seconded and unanimously approved with four in favor.

The July 6, 2011 Meeting Minutes were approved as presented by consensus.  

The following documents were signed:
Determination of Applicability DiMaura; AP 27.1-124.
Certificate of Compliance Startzell; SE 12 – 586; AP 27.1-33.
Menemsha Pond Mussel Aquaculture endorsement letter; John Armstrong.
Enforcement Order compliance letter – Peter Norris; AP 8-59.

With no further business to conduct the meeting adjourned at 1:25 PM.

Respectfully submitted by Chuck Hodgkinson, C.A.S.

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