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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 11/14/12
FINAL
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, Reid Silva, Josh Scott and Remy Tumin 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 November 13.  

AMENDED NOI SE 12 – 527; GEORGE SOURATI FOR ROGERS & ESTHER BRANDON; Old Fields Path; AP 16-7.3:   Ms. Goff opened the public hearing at   12:30 PM.  Mr. Sourati summarized the history of this project for clearing the water view.  An Order was first issued in December 2006 and amended in November 2008 to expand the clearing.  This second amendment proposes to expand and maintain the land management plan to open an additional view channel and apply Rodeo aquatic-safe herbicide to all cut tree stumps.  A Certificate of Compliance has not been issued for any of the work to date and Mr. Sourati said the approved stairway to the beach as shown on the August 2008 site plan will not be installed.

Mr. Scott reviewed the google maps and narrative dated 11/14/12.  The Commission asked if there is an alternative to using of Rodeo to kill the tree stumps. Mr. Scott offered they can grind the stumps if desired.  After additional discussion on the details of the plan and with no comment from the public a motion was made to close the hearing at        12:50 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the proposed amendment # 2 with the following special conditions:  1. The Special Conditions dated November 5, 2008 still apply.  2. The use of Rodeo is prohibited.  3.  The tree stumps will be ground in lieu of using Rodeo.  4.  The 18” high pine saplings as shown shall be pulled by hand.  5.  Any pruning within 25 feet of the top of the coastal bank shall be done by hand.  No tree or shrub removal is allowed within this 25-foot area to preserve the vegetation root structure.  This will help stabilize the bank and prevent bank erosion.  The motion was seconded and with no discussion passed unanimously with five in favor.        

CONTINUED HEARING SE 12 – 670; REID SILVA FOR 3 SDS, LLC; 11 Round Pond Road; AP 35-1.4:   Ms. Goff confirmed the four eligible voters for this application as Commissioners Broyard, Cottle, Poole and Goff and opened the public hearing at   1:00 PM.  Mr. Silva summarized 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.

Revised site plans hand-dated 11/14/12 and labeled as L 2.0 and L 5.0 were reviewed.  The closest proximity of the newly defined limit of work as shown is 55 feet from the isolated wetland edge.  The Commission pointed out the existing erosion control fencing is in poor condition and inside the proposed new limit of work.    

After brief discussion and with no comment from the public a motion was made to close the hearing at 1:20 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plans L 2.0 and L 5.0 hand-dated 11/14/12 with the following special conditions:  1. The new well, daylight drainage plan are approved as dated 11/14/12.  Hay bales and silt fencing shall be installed between the new well and the wetland edge before drilling to contain well cuttings.  The daylight drain shall be trenched, installed and re-vegetated within 2-3 days as weather permits.     2.  New hay bales and silt fencing shall be installed and maintained along the limit of work area as shown on plan L 2.0 ASAP and approved by the Conservation Agent before any additional work begins.  All siltation barriers shall be maintained in good condition until the new landscaping and lawn are fully established.  3.  There shall be no underground storage of fuel oil.  The motion was seconded.  In discussion it was noted and agreed that the existing native vegetation beyond the work limits shall be maintained as is without the expansion of a new lawn or cultivated meadow.  The motion came to a vote and passed unanimously with four in favor.

CONTINUED PUBLIC HEARING NOI SE 12 - 668; GEORGE SOURATI FOR SWB LIMITED PARTNERSHIP; 8 Greenhouse Lane; Map 33 Lot 30:   Ms. Goff opened the continued public hearing at 1:22 PM and confirmed that all five Commissioners are eligible voters.  Mr. Sourati distributed a revised Notice of Intent and site plan dated 10/26/12 and said the proposed deck expansion has been removed from the scope of work.  The only remaining work is the mudroom and newly relocated driveway as shown on the site plan.  He added the existing slope of the ground will remain as is for the new driveway loop.  The mudroom will have a crawl-space foundation and a small bobcat will be used for the excavation.

Ms. Goff read letters from Bettina Washington of the Wampanoag Tribe of Aquinnah and neighbor Susan Jones for the record.  The Commission asked Chuck H. to give a copy of Ms. Washington’s letter to the Building Inspector.

After brief discussion 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 revised Notice of Intent and site plan dated 10/26/12 with the following special conditions:  1.  The mudroom and driveway are approved as dated 10/26/12.  The existing slope of the driveway ground will not be changed.  2.  All construction debris shall be contained in a covered dumpster that will be located on the north side of the house.  3.  Hay bales and silt fencing shall be installed and maintained until the newly planted lawn is fully established.  The Conservation Agent shall approve the installed siltation barriers before work begins.  4.  A copy of this Order shall be available on site throughout construction and an on-site meeting shall take place among the Conservation Agent and contractor(s) to review this Order before work begins.  The motion was seconded and with no discussion approved unanimously with five in favor.




DISCUSS RICHARD COLEMAN CONSERVATION RESTRICTION;                 AP 18 – 92.2, 92.3:  Chuck H. distributed a summary of the changes that were made by the NHESP to the previously approved Conservation Restriction (CR) dated                     October 4, 2011.  After much discussion on how the changes may inhibit public access it was agreed the CR still has conservation values to the Town of protecting wildlife habitat and the ground water.  A subsequent motion was made to approve the amended CR.  The motion was seconded and unanimously approved.
   
ADMINISTRATION:  

The October 17, 2012 Meeting Minutes were reviewed and approved as amended.  

The following documents were signed:

Amended Order of Conditions Brandon; SE 12 – 527; AP 16-7.3.
Order of Conditions 3 SDS, LLC; SE 12 – 670; AP 35-1.4.
Order of Conditions SWB Limited Partnership; SE 12 – 668; AP 33-30.

With no further business to conduct the meeting adjourned at 2:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.


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