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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 10/03/12
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Donald Poole, Wesley Cottle, Joan Malkin and Chuck Hodgkinson.  George Sourati, Sergio Modigliani, Gil Wilcox 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 October 2.  

RFD GILBERT WILCOX; 14 Harbor Hill Rd.; AP 27.1-103:  Mr. Wilcox summarized his plan to build a 2’ X 4’ addition to the bathroom on the east side of the house so he has room for a permanent sink – instead of the existing fold-down boat sink.  The addition will be suspended over the coastal bank and buffer zone on the existing pilings and support beams.  A small section of existing deck will be removed for the addition.  There will be no disturbances to the coastal bank or buffer zone.  After brief discussion about containing the debris a motion was made for a negative determination with the following special conditions:  1.  Ground or deck-level tarps shall be placed before work begins to collect the falling construction debris from the bathroom addition and the re-shingling and re-roofing of the house.  2.  All construction debris for the bathroom addition and the re-shingling and re-roofing of the house shall be removed from the site daily or stored in a covered dumpster.  The motion was seconded and with no further discussion passed unanimously with five in favor.

NOI SE 12 - 668; GEORGE SOURATI FOR SWB LIMITED PARTNERSHIP;               8 Greenhouse Lane; Map 33 Lot 30:  Ms. Goff opened the public hearing at 12:40 PM.  Mr. Sourati reviewed the plans to renovate and build an addition to the main residence and relocate part of the existing driveway.  The gross area for the additions consists of    80 sq. ft. of living space for a mud room; 109 sq. ft. of covered porch and 166 sq. ft. of wooden decks.  The activity takes place within the 100-foot buffer zone of the Atlantic Ocean Coastal Bank and within the 200-foot Riverfront Zone.  The closest activity is within four feet of the top of the Coastal Bank.

Mr. Sourati explained the net incremental area for the work as calculated by the Building Inspector for the Zoning Board of Appeals bylaw is just less than 250 sq. ft. – the maximum allowable area for expansion in the shore zone as defined in the Town’s Zoning Bylaws.

The Commission commented that the zoning regulations are different than the Town’s Wetland Protection Bylaws and regulations.  The Commission evaluates the entire project and determines whether or not it has no adverse impact on the resources protected in the Bylaws.

Mr. Modigliani explained the additional driveway details and how the area will continue to be covered in lawn with small stones marking the edges of the driveway.  The circular driveway will have a plastic support material about 6 inches below grade that is designed to provide structural support for heavy vehicles.  The Commission asked if the material is pervious and Mr. Modigliani said it was and will provide literature about the system.

The Commission expressed its concern with the existing grade of the land for the driveway and asked if it would change in any way.  The land slopes down to a stream and wetland to the north.  Mr. Modigliani said the existing grade and contour of the land will not change more than one foot and proposed a different route on the east side that will connect better with the current driveway.  The Commission thought this would be an improvement and asked for revised site plans.  The existing asphalt driveway running to the west side of the house will be removed and the area re-planted with lawn.  The Commission expressed its concern with erosion runoff into the wetland to the north that will take place before the newly seeded lawn for the driveway is established.  Mr. Sourati agreed to install and maintain the hay bales and silt fencing between the driveway and wetland until the new lawn is completely established.

Mr. Modigliani explained the 80 sq. ft. mud room addition with closet and half bath will be inside the existing stone retaining wall and over the garden.  It will have a hip roof that matches the roof on the wing to the west of the mud room.  This will have a crawl space concrete foundation.  Hand tools and a mini-bobcat will be used for the excavation.  There will be no additional trenching for sewer or water lines.

Before discussing the additional decking on the south side of the house Ms. Goff read Sections 2.05 and 5.01 of the regulations that govern the protection of coastal banks and the requirements for granting a waiver or variance that may be possible in rare and unusual cases.

Mr. Modigliani explained there will be no change to the support posts for the 1” X 4” mahogany decking and the existing support beams will be extended south to provide cantilevered support for the additional raised decking.  Mr. Sourati offered to have all of the carpentry and preparation for the work on the south side done in another area of the property that is farther away from the coastal bank and hand-carried into place.  The only work south of the house will be the required fastening of the structures.

The Commission commented the owner already has decking that faces the ocean and expressed its concerns of expanding the decking to within four feet of the current edge of the coastal bank.  The bank is already fragile and subject to storm erosion.  The added deck surface will change the shading characteristics of the current deck on the vegetation and will also change the water drainage pattern from above onto the coastal bank that is from 4 feet to 15 feet from the edge of the deck.  Mr. Modigliani explained his opinion that there will be no additional shading on the vegetation because of the angle of the deck to the sun’s arc.  The Commission pointed out that the coastal bank was 38 feet from the edge of the addition in 1989 when it was built.  It is now less than ten feet away from the edge on the east corner.

After much discussion the Commission concluded it needed additional information from a coastal erosion expert to help determine if there will be no adverse impact on the coastal bank.  It explained its regulation that allows the Commission to hire outside consultants at the applicant’s expense and Messrs. Sourati and Modigliani agreed.  A subsequent motion was made to continue the hearing to October 17 @ 1:00 PM to provide time to locate and brief an independent consultant if possible, before October 17.  The motion was seconded.  In discussion, the Commission agreed to allow the applicant to attend the site visit with the consultant and Commission when the time comes.  The motion passed unanimously with five in favor.

DISCUSSION REID SILVA FOR SHEPHERD’S PATH NOMINEE TRUST;             SE 12 – 545; 16 Shepherd’s Path; Map 24 Lot 1:   Mr. Silva discussed the proposed maintenance plan for continued Phragmites control as outlined in the Order of Conditions issued to Isabelle Scott in 2007.  Wayne Arruda did the original work.  He added that the work was initially very successful and that Chris Palotin will do the maintenance work.  He also said he would like to use backpack sprayers to apply the glyphosate instead of the cut and dab method.

The Commission read the special conditions and confirmed spraying may be used in stands that are a monoculture of Phragmites.  The hand cut and dab method shall be used in areas near more diverse habitat and plant life.  Upon re-reading the conditions Mr. Silva agreed and thought this practice and direction could be followed for the maintenance.  The Commission approved the maintenance plan as presented provided the spraying is only used in monoculture sections and asked that a note be put in the file to clarify this even further.    


The September 19, 2012 Meeting Minutes were reviewed and approved as presented.  

Due to the Thanksgiving holiday the Commission agreed to hold its regular November meetings on November 14 and 28 instead of November 7 and 21.

The following document was signed:

Determination of Applicability Wilcox; AP 27.1-103.

 With no further business to conduct the meeting adjourned at 2:05 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.

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