Present for the Conservation Commission and attending the meeting were: Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Donald Poole, Wesley Cottle, Joan Malkin and Diana DeBlase for Chuck Hodgkinson. Bruce Schere, Chris Pollitin, Richard and Jane Wilkie, Kristen Fauteux, Andy Goldman, Peter Darling, George Sourati, Seth Wilkinson, Donald Schall, Ben and Lois Wolkowitz, Barbara Crosby, Leo Desorcy, Sidney Court, Max McCreery, Tim Carroll, Susan Shaffer and Reid Silva also attended. Caitlin Jones was absent.
The meeting came to order at 12:30 PM. The site visits for the day’s agenda were made on September 4.
Mr. Darling asked when the hearing for Lauren Walters’ costal bank stabilization plan will be heard. The Commission said it was reviewed and approved at a special August 29th meeting and agenda that was properly posted in Town Hall and on the website. This meeting was called because the August 15th meeting did not take place due to a lack of a quorum. The Commission summarized the plan and reviewed the meeting minutes that outlined all of the special conditions for this project’s approval. The Commission apologized for this unique circumstance. Mr. Darling thanked the Commission.
NOI SE 12 – 666; REID SILVA FOR SHEPHERD’S PATH NOMINEE TRUST; 16 Shepherd’s Path; AP 24-1: Ms. Goff opened the public hearing at 12:31 PM. Mr. Silva explained his client would like to withdraw the application and reconsider how to develop the property. A motion was made to close the hearing at 12:36 PM. The motion was seconded and unanimously approved. A subsequent motion was made to accept the request to withdraw the application. The motion was seconded and unanimously approved with five in favor.
CONTINUED HEARING NOI SE -12 – 659; GEORGE SOURATI FOR GRIN ACRES FAMILY LIMITED PARTNERSHIP; 15 Nickerson Farm Lane; AP 21-10, 12, 13: Ms. Goff confirmed that all five commissioners are eligible voters for this application and opened the continued hearing at 12:40 PM. Mr. Wilkinson presented a revised plan to address the Commission’s concerns about excessive irrigation which could impact the ground water supply and the use of pesticides in the resource area. He added that mostly all work will be done by hand. A truck with hydraulic arm would be parked in the roadway and used to cut down the black locust trees. The stumps would be removed. A hose would be used for irrigation in the first year to establish the plantings. He estimated about one inch of water per
week would be needed. Biologist Donald Schall added the selected plant species would be good for wildlife habitat and nesting birds and the success of the plan would depend upon the quality of the people doing the installation. The Commission asked if Mr. Wilkinson will be doing the installation. He said that has not yet been determined.
The Commission commented that the plan is scaled down and seems to address its concerns. Abutters Ben and Lois Wolkowitz voiced concerns with the irrigation’s impact on the ground water supply and their water well in drought periods. They also felt if this plan was approved it may set a precedent for mowing the buffer zone. The Commission commented that the regulations clearly state that each application is unique and mutually exclusive. Individual decisions are not precedent setting for future applications. The Commission generally does not allow mowing in a wetland but has on specific occasions allowed some mowing within the buffer zone.
Mr. Sourati confirmed that the surveyed site plan is accurate and all work would be confined to his client’s property.
Mr. Wolkowitz asked the Commission to continue the hearing to the next meeting to provide time for him to have his landscape architect evaluate the plan. With no objection from the applicant a motion was made to continue the hearing to September 19, 2012 @ 12:40 PM. The motion was seconded and unanimously approved with five in favor.
TOWN OF CHILMARK SE 12 – 667; AP 20-1, 1.9; AP 27.1-228, 229: Ms. Goff opened the public hearing at 1:20 PM. Mr. Carroll summarized the dock replacement and dredging plans that were approved at Town Meeting. The Town would like to 1. Replace the existing fuel pier at Menemsha Texaco with a new timber pier. The new pier will be in the same location and be the same size as the existing pier. Piles will be untreated Greenheart. Structural members will be pressure treated. The decking will be untreated. 2. To replace the existing transient pier. The pier will be replaced with a two-part structure. The pier will be fixed for the first 62 feet and connected to an additional 180 feet of floating piers. A ramp will make the structure accessible for the
disabled. All the piles will be untreated greenheart. The structural members will be pressure treated and the decking will be untreated. The floats will be concrete with wood decking. 3. To dredge less than 100 cu. Yards to provide at least 2’ of depth under the proposed floats that will replace the transient pier. Dredging will only be necessary under the east end of the floats and only enough to maintain 2 ft. of clearance under the floats at low tide. 4. To remove a pile and install it or a new pile in a different location and rebuild the existing access stairs and ramp to the existing charter boat floats. 5. To put extensions on the existing steel guide piles at the yacht dock alongside the fill pier (West Dock). The extensions will raise the height of the existing piles by 3 feet. All this work will be out of the water. 6. To install chains on the existing commercial & residents floats alongside
the concrete access way to the fill pier. These chains will prevent the floats from being carried away should a high tide come up enough to raise the floats off the green heart wooden guide piles. The chains will connect the floats to the steel supports of the access way. All of the work will take place in Menemsha Basin.
The Commission commented on its site visit observations. The comments from the Division of Marine Fisheries were reviewed for the record. The Commission asked if the winter flounder spawning season would be honored as requested by the Division of Fisheries. Mr. Carroll agreed that there would be no in water disturbances from January 15 – May 31 as outlined in the Fisheries’ letter. The Commission asked where the dredging spoils would be placed. Mr. Carroll added the Town has a state-approved dredge spoils location that is between the swordfish statue and the Menemsha comfort station. With no comment from the public a motion was made to close the hearing at 1:35 PM. The motion was seconded and unanimously approved. A subsequent motion was
made to approve the plan as presented with the following special conditions:
- All in-water, silt-producing work must take place between January 15 – May 31 to protect the winter flounder spawning season.
- All construction debris shall be placed on a barge or removed from the site on a daily basis. Any debris stored on a barge shall be secured in a manner that prohibits it from falling into the water. Any debris that may fall into the water shall be removed immediately.
- All dredging spoils shall be placed in the existing, approved area defined as between the swordfish statue and the comfort station.
- An on-site meeting shall take place among the Conservation Agent and the contractor(s) to review this Order before work begins.
- A copy of this Order shall be available on site during all construction phases.
- Any future plans to maintain the docks or dredging area shall be reviewed with the Conservation Agent or Commission before the maintenance work begins.
With no further discussion the motion passed unanimously with five in favor.
DISCUSSION JANE WILKIE; Update on Doctor’s Creek Phragmites removal; Amended Order of Conditions SE 12 – 481. Ms. Wilkie thanked the Commission for its time and introduced Mr. Pollitin and Mr. Schere. She summarized the Order and work that was done to remove the Phragmites that was choking the water flow at Doctor’s Creek. She outlined the methods used including the use of Glyphosate which was endorsed by the Tim Simmons of the NHESP and Division of Fisheries. Several before and after photographs were presented that demonstrate the success of the program. Mr. Pollitin added that it is very difficult to completely eradicate the Phragmites infestation. It is more realistic to have an on-going maintenance plan to control its
further growth and expansion. He then outlined their plan for the maintenance work that they would like to perform in the near future.
After much discussion the Commission agreed the plan was well designed and executed to the conditions outlined in the Order. A subsequent motion was made to approve the maintenance plan as presented. The motion was seconded and unanimously approved with five in favor.
The August 29, 2012 Meeting Minutes were reviewed and approved as presented.
The following document was signed:
Order of Conditions Town of Chilmark; SE 12 – 667; AP AP 20-1, 1.9, 3; AP 27.1-228, 229.
With no further business to conduct the meeting adjourned at 2:10 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.