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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 10/17/12
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Donald Poole, Wesley Cottle and Chuck Hodgkinson.  George Sourati, Reid Silva, Chris Alley, Ben Robinson, Laurie Dietz, Heikki Soikkeli and Susan Jones also attended.  Caitlin Jones and Joan Malkin were absent.  

The meeting came to order at 12:30 PM.  The site visits for the day’s agenda were made on October 16.  

NOI SE 12 – 669; CHRIS ALLEY FOR STEPHEN MERKEL; 17 Howell Lane;    AP 27-3:  Ms. Goff opened the public hearing at 12:30 PM.  Mr. Alley summarized the site plan to build an indoor squash court with a half bath, water, electric, heating and air conditioning service.  The building will be located in the second 100-foot section of the Riverfront Zone.  There will be some construction disturbance within the 100-foot buffer zone of a Bordering Vegetated Wetland for the foundation work.  Mr. Alley added the roof ridge height will be just less than 24 feet above grade.  The floor and foundation will be approximately 4 – 6 feet below grade on the low and high sides of the slope to provide sufficient interior height for the squash court.

Mr. Alley outlined an alternative location that is outside the Riverfront Zone but, it would require removing six 18-inch oak trees.  Only one 6-inch oak will need to be removed in the proposed location.

Ms. Goff read the comments from the DEP asking for an alternative location that is outside the Riverfront Zone.  She also read abutter letters from Darby Campbell and Jane Anderson of 5 and 9 Marjo’s Way respectively for the record.

Laurie Dietz commented on the complexity of the stream and wetlands in the area where about 30 great white egrets and one heron reside.  Her concern is how the noise and activity will impact the bird and wildlife habitat.  The Commission commented that the building could be moved closer to the stone wall and farther from the wetland without encroaching on the oak grove.  This would eliminate any disturbance in the wetland buffer zone.

With no further comment from the public a motion was made to close the hearing at    1:04 PM. The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan with the following special conditions:

  • The building’s location shall be moved back toward the stone wall and main house and away from the wetland so there is no excavation required in the       100-foot buffer zone of the Bordering Vegetated Wetland.
  • The 100-foot edge of the Bordering Vegetated Wetland buffer zone shall be clearly staked on site before work begins.
  • A revised site plan shall be provided for the new building location.  The existing edge of the wetland vegetation and the existing cleared area shall be delineated on the site plan.  This site plan shall be provided before work begins.
  • There shall be no additional clearing of the existing wetland vegetation and edge as delineated on the site plan.
  • Hay bales and silt fencing shall be installed between the work area and the wetland, maintained and left in place until the new lawn has been fully established.
  • An on-site meeting shall take place among the contractor(s) and the Conservation Agent to review this Order and approve the installed hay bales and silt fencing before work begins.
The motion was seconded and with no discussion passed unanimously with four in favor.

RFD; CHRIS ALLEY FOR MILES JAFFE; 95 Stonewall Road; AP 32-70:           Mr. Alley summarized the site plan to install a new water well within the 100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity is 45 feet from the wetland edge.  The Commission discussed the site visit and the well’s proximity to the roadway that goes down grade to the parking area and shore.

After brief discussion about siltation barriers a motion was made for a negative determination with the following special conditions:  1. Hay bales and silt fencing shall be installed behind the well drilling rig to contain well cuttings and keep them from draining down the road to the shore.  2.  The hay bales and silt fencing shall be approved by the Conservation Agent before work begins.  3.  All cuttings and debris shall be removed daily.  The motion was seconded and with no further discussion passed unanimously with four in favor.

SE 12 – 670; REID SILVA FOR 3 SDS, LLC; 11 Round Pond Road; AP 35-1.4:   Ms. Goff opened the public hearing at 1:15 PM.  Mr. Silva outlined the plan to install landscape planting beds, hardscape borders and construct a pergola.  This activity is in the 100-foot buffer zone of an isolated wetland.  They would also like to install a new domestic water supply well with trenching for the related power and water supply line plus additional trenching for the installation of a gravity foundation drain pipe.  This work is in the 200-foot buffer zone of a Bordering Vegetated Wetland that drains into Squibnocket Pond.  Silt fencing and hay bales will be installed to protect the wetlands.

Mr. Silva added the gravity drain will most likely not cause much erosion because the water is first collected in a dry well and then drains to daylight when the water level reaches the height of the drain pipe.  The Commission commented the proposed water well with trenching and the gravity foundation drain with trenching seem acceptable.  The Commission asked for more details on the pergola, garden, ground-level deck walkway and the walking path that are also shown on the site plan.  All of these features are in the wetland buffer zone.  Mr. Silva explained he just received the site plan a few hours ago, did not have the details and asked for a continuance to November 14, 2012    @ 12:40 PM with an additional site visit for November 13th.  He also said the NHESP needs to comment on the plan as the activity is also in its jurisdiction.  A motion was made to accept the request for a continuance to November 14 @ 12:40 PM to provide time to get more information.  The motion was seconded and unanimously approved with four in favor.

CONTINUED PUBLIC HEARING NOI SE 12 - 668; GEORGE SOURATI FOR SWB LIMITED PARTNERSHIP; 8 Greenhouse Lane; Map 33 Lot 30:   Before opening the continued hearing Mr. Sourati distributed a revised site plan dated 10/5/12 with a new location for the proposed driveway and asked if a coastal erosion consultant was able to attend.  The Commission explained it contacted a coastal erosion expert and briefly outlined the plan.  After this discussion the Commission decided it was not necessary to hire an independent consultant.  Ms. Goff pointed out that Commissioner Malkin, the fifth eligible voter, could not attend today’s meeting and asked if Mr. Sourati would like to proceed with only four voters or continue the hearing to November 14th when all five eligible voters will be in attendance.  For these reasons Mr. Sourati asked for a continuance to November 14.  A subsequent motion was made to not re-open the hearing and continue it to November 14, 2012 @ 12:50 PM.  The motion was seconded and unanimously approved with four in favor.      

DISCUSSION DEBBIE HANCOCK FOR PRUDY WHITING; SE 12 – 645;          26 Basin Rd.; AP 27.1-125, 126:   Messrs. Silva and Soikkeli explained the applicant would like to obtain a building permit for the proposed renovations as outlined in the            April 4, 2012 meeting minutes and the Order of Conditions.  This will make the property easier to sell.  The Order states the final foundation details for the basement foundation and sections with sonotube foundations must be approved by the Commission before work begins.  Mr. Soikkeli reviewed the detailed plans for all foundations and confirmed there will be no habitable space or bathroom in the basement.  The Commission read all of the special conditions and stated these requirements still apply when a final buyer is identified.  It added that any changes to the approved plans must first be approved by the Commission before they are implemented.  Mr. Soikkeli agreed.  After brief discussion a motion was made to approve the detailed foundation plans Sheet # 2 as presented and dated 10/17/12.  The motion was seconded and unanimously approved with four in favor.

ADMINISTRATION:  

The October 3, 2012 Meeting Minutes were reviewed and approved as presented.  
The following documents were signed:

              Order of Conditions SE 12 - 669 Merkel; AP 27-3.
Determination of Applicability Jaffe; AP 32-70.

 With no further business to conduct the meeting adjourned at 2:15 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.


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