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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 07/18/12
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Donald Poole, Wesley Cottle and Diana DeBlase for Chuck Hodgkinson.  George Sourati, Leo DeSorcy, Seth Wilkinson, Lois and Ben Wolkowitz, Katherine Devane, Tim Bartlett, Jay Durst, Candy DaRosa, Judy Jardin and Tom Robinson also attended.  Joan Malkin and Caitlin Jones were absent.  

The meeting came to order at 12:30 PM.  The site visits for the day’s agenda were made on July 17.  

NOI SE 12 – 659; GEORGE SOURATI FOR GRIN ACRES FAMILY LTD. PARTNERSHIP; 15 Nickerson Farm Lane; AP 21-10, 12, 13:  Ms. Goff opened the public hearing at 12:32 PM.  Mr. Sourati summarized the plan to restore previously disturbed wetland and buffer zone resource areas and remove and replace an existing asphalt driveway with a concrete surface and a water runoff drainage trench with crushed stone.  The driveway and trench are approximately ten feet from a wetland edge at the closest point.  This re-vegetation plan is a response to an Enforcement Order issued on 12/28/11 for clearing that was done up to a perennial stream and in a wetland and wetland buffer zone.  The Enforcement Order specified the area should be left as is for one year to determine what vegetation would grow back.

Mr. Wilkinson reviewed a detailed plan to remove invasive species and install over 400 native plants to re-vegetate the entire buffer zone.  He clarified that there will be no wetland replication as incorrectly outlined in the Notice of Intent.  Mr. Wilkinson reviewed a detailed site plan and his written narrative.  

The Commission asked how he plans to remove the invasive species and prepare the area for the extensive planting plan.  Mr. Wilkinson responded that he would use RODEO (glyphosate) using the cut and dab method with glypgosate and pine oil.  He estimated the treatment would be done over three years.  The cut and dab would be used at the beginning of the growing season into the fall and mechanical removal would be used in the winter.  Two types of herbicide would be used – one for the woody vegetation and another for the invasive vine growth.  Industry test data was presented substantiating the efficacy and half life of the herbicides.  Mr. Wilkinson added the NHESP endorses its use in a controlled manner.

Ms. Devane, landscaper for abutters Ben and Lois Wolkowitz questioned the harmful impact the herbicides would have on the wetland and thought they are not needed.  Separately, the Wolkowitz’s strongly opposed the plan and recommended the Commission not approve the planting plan as proposed.  The neighbors added there is a ground water shortage in the area and opposed the use of any supplemental irrigation in order to protect the ground water supply.

Mr. Wolkowitz added the concrete driveway part of the application and plan will again infringe upon his property.  The Commission said the property lines would be surveyed and defined as part of the conditions if approved.

With no further public comment a motion was made to close the hearing at 1:13 PM.  The motion was seconded and unanimously approved with four in favor.  Mr. Sourati asked the Commission for a moment to confer with Mr. Wilkinson.  Upon returning Mr. Sourati requested the hearing be re-opened and continued to August 15 @ 12:30 PM to allow time for Mr. Wilkinson to revise the plan and return with a proposal that does not use herbicides or requires supplemental irrigation.  Mr. Poole moved to re-open the hearing at 1:32 PM.  The motion was seconded and unanimously approved with four in favor.  A subsequent motion was made to accept the request for a continuance to August 15, 2012 @ 12:30 PM.  The motion was seconded and unanimously approved.

NOI SE 12 – 658; GEORGE SOURATI FOR JAN ELIASBERG, TRUSTEE;        AP 25-100, 55, 122:  Ms. Goff opened the public hearing at 1:33 PM.  Mr. Sourati reviewed the plan to open the water view across three separate parcels of land.  Several trees will be cut down and pruned.  No brush cutting or removal of understory vegetation is proposed.  No tree stumps will be removed.  Nearly all of the work will take place within the jurisdiction of the NHESP.  Much of the work will be in the 100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity will be approximately 15 feet from the wetland edge.  The work will be done on the following properties:  11 Tanglevine Rd. Map 25 Lot 100; 8 Tanglevine Rd. Map 25 Lot 55 and 3 Osprey Lane Map 25 Lot 122.

Tom Robinson was introduced and explained he will oversee the proposed work.  He reiterated there will be no pruning in the wetland.  The Commission discussed the site visit and thought the proposal would help the understory flourish and increase the buffer along South Road.  The plan is well conceived and should pose no harm to the resource area.  The Commission did point out that written permission is still needed from the owner of Map 25 Lot 55 (LoRusso).  With no public comment a motion was made to close the hearing at 1:44 PM.  The motion was seconded and unanimously approved.
A subsequent motion was made to approve the plan as presented with the following conditions:  1. Letters of consent from the owners of Map 25 Lot 122 and Map 25 Lot 55 shall be provided to the Conservation Agent before any work begins.  2.  The tree pruning may be maintained provided the maintenance plan is reviewed with the Conservation Agent before the maintenance work begins.  The motion was seconded and unanimously approved with four in favor.

ADMINISTRATION:  

The July 11, 2012 Meeting Minutes were reviewed.  Ms. Goff declared them acceptable by consensus.  

The following document was signed:  
Order of Conditions Eliasberg; SE 12 – 658; AP 25-100, 55, 122.

With no further business to conduct the meeting adjourned at 1:57 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S. for Diana BeBlase.


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