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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 04/03/13
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Wesley Cottle, Joan Malkin, Candy Shweder, Chris Murphy and Chuck Hodgkinson.  Chris Alley, Reid Silva, David Hill, Matt Flanders, Susan Greeley, Jane Langmuir, Karl Langmuir and Fred Fournier were also present.   

The meeting came to order at 12:30 PM.  The site visits were made on April 2.   

DISCUSSION SE 12 – 678; TEA LANE NURSERY FOR SWB LIMITED PARTNERSHIP; 8 Greenhouse Lane; AP 33-30:  Mr. Hill explained he would like to review the coastal bank re-landscaping plan as required in the Order of Conditions.  This plan will restore the excavator access path on the coastal bank that was cut for the river rock beach sediment project.  All plants will be native species and the work will be done by hand.  After reviewing the plant list a motion was made to approve the plan as presented.  The motion was seconded and with no further discussion passed unanimously with six in favor.

NOI SE 12 – 685; CHRIS ALLEY FOR I FOUND MY THRILL, LLC.; 74 North Road; AP 3-2:    Ms. Goff opened the public hearing at 12:38 PM.  Mr. Alley reviewed photographs and explained how many large pitch pine trees were fallen in a nor’easter which also took down the power lines running to the caretaker cottage.  He then reviewed the proposal and site plan to replace above the above-ground, damaged utility lines with a buried secondary line from the caretaker cottage to join with the existing utility pole service.  Approximately 230 feet of the buried line will be in the buffer zone of a Bordering Vegetated Wetland.  The lines will then be above ground over the wetland and pond to the existing utility pole.  Mr. Flanders reviewed a specific list of trees that will be removed within a 40-foot wide corridor along the stone wall to protect the remaining sections of above-ground utility lines.  He said the trees would be flush cut and the stumps will remain in place.  Hand held chain saws will be used in the wetter sections of the buffer zone and machinery will be used in the dry sections that will support the machinery.  

The Commission asked if they considered burying all of the utility lines down the driveway from the caretaker cottage to North Road.  This would essentially eliminate the need for above-ground wires and the removal of 26 additional trees.  Mr. Alley said this was not considered and thought it would be a more expensive alternative.

After much discussion 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 plan as presented with the following special conditions:

  • The Commission asks the applicant to consider running the buried utilities down the driveway to North Road thus, having no above-ground lines.  This will eliminate the need to cut down 26 trees.  
  • If this is not feasible the project is approved as presented with 26 trees removed within a 40-foot corridor along the stone wall as shown on the site plan -- provided there is no significant comment from the NHESP.  
  • Hand held chain saws will be used in the wetter portions of the buffer zone.  Machinery may be used in the dry areas with firm ground support.
  • There shall be no underground storage of fuel oil.
The motion was seconded and with no further discussion passed unanimously with six in favor.

NOI SE 12 - 686; REID SILVA FOR SUNRISE CAMP LIMITED PARTNERSHIP; 26 Greenhouse Lane; AP 33-34, 35, 36, 37 and 71:  Ms. Goff opened the public hearing at 12:55 PM.  Mr. Silva reviewed the plan to demolish the existing main house, relocate three other existing dwellings and remove all related foundations and utilities.  All work is within the 100-foot buffer zone of an eroding coastal bank.  A new 922 sq. ft. main house with 252 sq. ft. of decking will be built near the three relocated buildings.  New buried utilities, well and septic system will also be installed.  The new site work is within the 100-foot buffer zone of a Bordering Vegetated Wetland.  Mr. Silva added that the Notice of Intent outlined the new foundations as crawl space foundations.  He said the Langmuirs have reconsidered and will place all four structures on sono-tube pier foundation supports.  This will reduce the disturbance in the buffer zone.

The Commission asked to review the details in two phases – the demolition work in the coastal bank buffer zone and then the new site in the wetland buffer zone.  

Mr. Silva said after the main house is demolished and the other three buildings are relocated down Greenhouse Lane to the new site, all remaining infrastructure of the well, as much of the well casing as possible, the power meter, the old 1,000 gallon septic system (8.5’ X 5’) and all foundation supports will be removed from the site.  The septic site will then receive clean fill that will be compacted and re-seeded.  The Commission asked for the total area of the existing main house versus the planned newly-built main house.  Mr. Silva said the current combined area of the house and decking is 1,146 sq. ft.  The new house and decking will total 1,174 sq. ft.

The new site is a meadow that is mowed to the wetland edge twice a year – usually in May and October.  The closest building is 51 feet from the down-grade wetland edge.  The applicant will also need to obtain a Special Permit from the Zoning Board of Appeals asking for setback relief because the rear of the structures is only 21 feet from Darling’s lot line.  The larger new house will be 58 feet from the wetland edge.  There is a 20-foot wide easement for a new driveway on the Darling’s property along the stone wall.  This driveway is not within the Commission’s jurisdiction.  The Title V septic system is         94 feet from the wetland edge and there is 160 feet of separation between the new well and septic system.  There is a power transformer on the site that will supply power to the well and all four habitable dwellings.

Mr. Silva added they will need to return to the Commission with a landscape plan for the site.  The Commission commented with the added activity so close to the buffer zone it may be worthwhile creating a no cut section of the buffer zone that abuts the wetland edge.  Mr. Langmuir agreed with the importance of protecting the wetland as there is an abundance of wildlife such as harriers, turtles, osprey, and black racers among many other species.  He also said optimistically the work will start in the fall of 2013.  

The Commission discussed that this wetland eventually drains into Stonewall Pond and asked if an alternative septic system was considered – such as a drip dispersal or de-nitrifying system.  Mr. Silva commented that the Commission’s jurisdiction enables it to comment on the disturbance to the resource areas and buffer zones for septic system installations.  It is the Board of Health’s jurisdiction to determine the best type of treatment system.  Mr. Silva added that the current Title V system is planned to be under the driveway on this tight site.  A drip dispersal system could not be located here and is much more expensive that the proposed system.

After further discussion the Commission thought the plan is modest and this is a sensitive resource area.  With no additional comment from the public a motion was made to close the hearing at 2:15 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:

Demolition in the buffer zone of the eroding coastal bank – Map 33 Lots 34, 35, 36, 37:

  • Before work begins the applicant shall return with a detailed restoration and landscape plan for the buffer zone of the eroding coastal bank.
  • Hay bales and silt fencing shall be installed between the work area and the wetland to the north.  Their installation shall be approved by the Conservation Agent before work begins.
  • All existing foundations, cinder blocks, support posts and all infra-structure shall be removed.
  • The existing power meter, well and as much of the existing well casing as possible shall be removed.
  • The existing septic system shall be removed from the site, filled and compacted before being re-vegetated.
  • An on-site conference shall take place among the Conservation Agent and all contractors to review this Order before work begins.
Activity on the site where the buildings will be relocated and built – Map 33 Lot 71:

  • Before work begins the applicant shall return with a detailed restoration and landscape plan for the buffer zone of the Bordering Vegetated Wetland.  The applicant shall consider having a no cut section of the buffer zone along the wetland edge.
  • The building locations are approved as presented.  All four structures shall have sono-tube pier foundations rather than crawl space foundations.
  • The hay bales and silt fencing as shown on the site plan shall be installed and approved by the Conservation Agent before work begins.
  • An on-site conference shall take place among the Conservation Agent and all contractors to review this Order before work begins.
The motion was seconded and with no further discussion passed unanimously with six in favor.

DISCUSSION SE 12 – 661; FRED FOURNIER OF LANDSCOPE FOR BLUE SKY MV, LTD. (BLUE HERON FARM); AP 11-23.3:  Mr. Fournier thanked the Commission for its time and explained he has taken over the built-in pool project from the South Mountain Company.  He added he was not present for the deliberations and is not familiar with the Commission’s concerns or requests for the re-landscaping plan.  He is here as directed in the Order of Conditions to review the landscape proposal.  A detailed site plan dated 4/2/13 was presented for re-landscaping the pool site.                Mr. Fournier pointed out they would like to move the approved pool fence location on the east side near the coastal bank about five feet closer to the pool—and away from the top of the bank as shown.  He also would like to add approximately 30 inches of fill under the wooden walkway from the pool to the house to eliminate the code requirement for a handrail along the walkway.  Lastly, ground-level down lighting will be added along the walkway and trenching will be needed for the power line.

Mr. Fournier pointed out the extensive addition of mature trees along the west side of the pool and said all plantings will be native species.  The area of grass lawn along the coastal bank side of the pool is slightly less than originally proposed.  The existing Pachysandra will be removed and replaced with native sand plain grasses.

After brief discussion a motion was made to approve the plan as presented.  The motion was seconded and with no discussion passed unanimously with six in favor.

CERTIFICATE OF COMPLIANCE; SE 12 – 294; Off North Rd.; AP 3-14:      Chuck H. explained the Dunkl family is planning to sell their property.  They would like to release their property -- Map 3 Lot 14 -- from the scope of work for this Order of Conditions that was issued for the Mill Brook Trail Project and amended on            August 15, 1996.  The narrative for the trail system states no work will be performed on the Dunkl property “the trail enters the property of the Dunkl family and takes a route through a dry area outside the wetlands.  This section of trail will not need any attention at all.”

Ms. Goff summarized the history of this trail network that traverses several properties including Sheriff’s Meadow land and the Inn at Blueberry Hill.  The trail was never executed to its full extent as planned and has not been maintained.

After a review of the plan and the Dunkl’s request, a motion was made to approve the partial Certificate of Compliance releasing Map 3 Lot 14 from the scope of work for this Order.  The motion was seconded and with no discussion passed unanimously with six in favor.
 
ADMINISTRATION:  

The March 20, 2013 meeting minutes were reviewed and approved as presented with four in favor and two abstentions – Ms. Goff and Mr. Murphy.

The following documents were signed:

Order of Conditions SE 12 – 685 I Found My Thrill, LLC; AP 3-2.
        Order of Conditions SE 12 - 686 Sunrise Camp Limited Partnership; AP 33-34, 35, 36, 37, 71.
        Certificate of Compliance Dunkl; SE 12 – 294; AP 3-14.          

The next meeting will be held on Wednesday, April 17 @ 12:30 PM.

With no further business to conduct the meeting adjourned at 2:45 PM.
Respectfully prepared by Chuck Hodgkinson, C.A.S.


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