WEST TISBURY CONSERVATION COMMISSION
MINUTES OF MEETING
July 8, 2003
Present: Prudy Burt Acting Chair, Ocean Rames, Peter Rodegast, Tara Whiting, and Patrick Phear
Also present for all or part of the meeting: Chris Daly, Rusty Walton and Maria McFarland
Absent: Judy Crawford and Richard Cohen
Ms. Crawford called the meeting to order at 5:05 PM.
The minutes of the June 24, 2003 meeting were approved.
Continuation of the Public Meeting on Map 1 Lot 37 Daly to consider a Request for Determination of Applicability filed by Christopher and Linda Daly for property located at 62 Naushon Road. The applicant is seeking a retroactive Determination of Applicability for the prior unauthorized cutting of trees and brush in the area depicted on a plan filed with the application. Work was done in a Resource Area and in the Buffer Zone. Approval is also sought for the following new work:
1) 1) Planting of trees in the buffer zone along Naushon and Brickworks Road to provide screening;
2) 2) Maintaining the Resource Area and Buffer Zone by applying Rodeo to tips of vines and keeping the area brush cut;
3) 3) Removal of soils placed in the Resource Area
4) 4) Seeding bare spots with grass, wildflowers and shrubs;
5) 5) Complete removal of vines, limbing as needed; and
6) 6) Removal of dead trees and trimming of branches hitting the house.
Rusty Walton was present to explain his wetlands delineation to the Commission. In his opinion he does not think the area in question is a state protected wetland but he wasn’t absolutely certain that it wasn’t attached to a larger body of water on the adjoining property. He did not think it was a Bordering Vegetated Wetland. Finally, he called it a “highly desirable swamp”. He said that the wetland plant indicators such as the shrubs and the sweet pepper bush would grow back. He was uncertain as to how many trees were cut or what was exactly removed from the Resource Area. Almost all of the vines that were removed were bittersweet. He flagged the area by the vegetation and by digging a series of test holes. The soil is black organic topped with clay then organic mixed with brick. This is not Isolated Land Subject to Flooding as defined in the Wetland Regulations as it does not have enough volume to meet the criteria. He further described the area as being one with wetland vegetation and soils that functions as a wetland that may be connected to a larger swamp across the property line. Prudy commented that she was not willing to say that this was not a Resource Area.
The discussion moved to the pile of bricks and vine debris that was pushed into the Resource Area that needs to be addressed. The discussion centered on the logistics of removing this material and what do with it. It was noted that this was not pristine land to begin with. Patrick asked if it would cause more damage to leave the pile of material or remove it. He thought the material could be used to fill the depression in the yard or it could be carted off site. Mr. Daly said Rusty had given him a list of fern and plants suitable for planting on this site. Tara asked if the Dalys planned to brush cut the Resource Area in the future. Mr. Daly responded that he only intends to control the bittersweet.
At this point the public meeting was closed. A motion was made to issue a Negative Determination that the work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore said work does not require the filing of a Notice of Intent. Further, the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent subject to conditions. The motion was seconded and unanimously approved. The following conditions were then discussed.
Regarding Approval of Work Already done:
- Vine debris may be chipped and spread only in the Buffer Zone.
- No additional cutting except vines shall be done in the Resource Area.
- Removal of the rubble/debris placed in the Resource Area shall be done from the upland side using a bobcat with a backhoe until down to native soil. No equipment shall be allowed to enter or be used in the Resource Area.
Regarding Approval of New Work:
- The edge of the existing wetland shall be marked with permanent stakes so that future property owners will be aware of the boundary. Any future work in the Resource Area will require that a Notice of Intent be filed with the Conservation Commission.
- A five (5) foot buffer shall be established and maintained between the existing lawn and the Resource Area.
- Any new plantings in the Buffer Zone for screening or landscaping shall be native to the Island of Martha’s Vineyard.
- In order to control the invasive species in the Resource Area direct application of an herbicide such as Rodeo or Roundup to the tips of vines is permitted. The use of fertilizers in the Buffer Zone is strongly discouraged.
A motion was made to approve these conditions. The motion was seconded and unanimously approved.
Old Business
Map 1 Lot 33 John Long. Maria spoke with John Long on July 8th. He is working with Glenn Provost and Doug Cooper. He has not had hay bales put in place but said he would contact Fred Fisher to get that done. Maria will follow up with Glenn to see if he is working on a Notice of Intent for Mr. Long.
Brandy Brow. Will Whiting has cut a path up to the stone bench and cleared the area around the bench. He does not have the necessary equipment to do any addition work. The Commission will conduct a site visit to decide if the hillside should be cut and what other work needs to be done. Maria will ask the Selectmen if Howard Wall is available to complete the work at this site.
New Business
A brief discussion was had about the feasibility of a Nutrient loading by-law. This subject was tabled until Judy is available to participate.
Administrative
There being no new business, the meeting was adjourned at 6:10 PM.
Respectfully submitted,
Maria McFarland
Administrative Assistant
APPROVED