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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 05/15/13
FINAL
Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Pam Goff, Wesley Cottle, Chris Murphy, and Chuck Hodgkinson.  Reid Silva, George Sourati, Chris Alley, Jonathan Mayhew, Bill Rossi, Sue and Rich Regen, Frank Dunkl, Liz and Steve Lewenberg, David Damroth and George Brush were also present.  Joan Malkin was absent.   

The meeting came to order at 12:31 PM.  The site visits were made on May 14.             Ms. Broyard appointed Alternate Commissioner Murphy as a voting member for the day’s agenda.   

NOI (TOWN BYLAW JURIDCTION ONLY-NO DEP FILE #) GEORGE SOURATI FOR PAUL & CYNTHIA KAPLAN; 16 Valley Lane; AP 3-50:  The Commission explained to Mr. Sourati that it made a site visit yesterday but, there were no stakes indicating the house location or wetland edges.  Ms. Broyard suggested postponing the hearing to the next meeting so the Commission can visit the site before the hearing.  Mr. Sourati agreed.  A motion was made to postpone the hearing to June 5, 2013             @ 12:30 PM.  The motion was seconded and with no discussion passed unanimously with five in favor.

NOI SE 12-689; CHRIS ALLEY FOR DOUG LIMAN;  34 Blacksmith Valley Road; AP 35-38:  Mr. Alley explained his client is working with a direct abutter and is considering a new location for the proposed barn.  He asked if the hearing could be postponed to the next meeting so he could prepare a site plan of the revised location.  The Commission agreed and said it will need to make another site visit to evaluate the new location wherever it may be.  A motion was made to postpone the hearing to June 5, 2013 @ 12:40 PM.  The motion was seconded and with no further discussion passed unanimously with five in favor.

NOI SE 12 – 690; CHRIS ALLEY FOR ZACH WIESNER; Boston Hill Rd.;          AP 30-76:    Ms. Broyard opened the public hearing at 12:45 PM.  Mr. Alley reviewed the site plan dated 4/19/13 to construct a driveway and install a well with the related trenching for utilities on an undeveloped lot.  The activity is in the buffer zone of a Bordering Vegetated Wetland.  The closest activity is 41 feet from the wetland edge.  He explained the owner is subdividing a 24.2-acre parcel.  A four-acre buildable lot will be created and the balance of the property will be preserved under a conservation restriction (CR).  The owner wants to have the driveway and well installed on the four-acre parcel before it’s sold.

The Commission asked what kind of wetland is on the property.  Mr. Alley confirmed it is a Bordering Vegetated Wetland.  He added the driveway surface will be a traditional dirt drive with a rock and sand hardener surface.  It will not be paved.  

The Commission asked why the driveway needs to be in a buffer zone with so much available vacant land in the area.  Mr. Alley explained there is a CR on the abutting land that prohibits the installation of a driveway.  There is no alternative to the one that is proposed.

After discussion the Commission agreed the proposed plan with certain conditions will adequately protect the interests of in the Bylaw.  With no comment from the public a motion was made to close the hearing at 12:52 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 hay bales and silt fencing as shown on the site plan dated 4/19/13 shall be installed and approved by the Conservation Agent before work begins.  
  • The hay bales and silt fencing shall be left in place and maintained until the newly planted grass along the wetland side of the driveway and well is established.  
  • An on-site conference 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 at all times during construction.  The motion was seconded and with no further discussion passed unanimously with five in favor.
NOI SE 12 - 691; REID SILVA FOR JOSEPH GOLDSTEIN, TRUSTEE AHOMA TRUST; 4 Old Hunt Place; AP 24-198:  Ms. Broyard opened the public hearing at 1:02 PM.  Mr. Silva reviewed a plan to remove an existing 468’ long by 2’ wide raised boardwalk and build a new 395’ long X 4’ wide raised boardwalk with cedar support posts spaced 8 feet apart with pin footings.  Approximately 335’ of the new boardwalk is over a Bordering Vegetated Wetland and Salt Marsh.  A fiberglass grating deck will be used for the deck to allow light penetration.  The Commission discussed the observations made at the site visit and asked for more detail on the pin footings.  Mr. Silva explained the pins are 3-foot long sections of galvanized pipes that are driven into the surface.  With no comment from the public a motion was made to close the hearing at 1:12 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan dated 4/8/13 with the following special conditions:
  • The plan is approved provided there is no significant comment from the NHESP.
     2.  All gas-powered hand tools shall be fueled outside resource area and 100-foot buffer zone.
     3.  All debris shall be removed from the site daily or stored in a covered dumpster that is located outside the resource area and 100-foot buffer zone.  
      4.  Perpetual maintenance is allowed provided all conditions of this Order are met and the maintenance plan is reviewed with the Conservation Agent before work begins.  
The motion was seconded and with no further discussion passed unanimously with five in favor.

RFD LIZ LEWENBERG; 3 Osprey Lane; Map 25 Lot 122:  Ms. Lewenberg reviewed the site plan dated 4/25/13 to install cedar posts for an electric horse pasture fence.  The proposed paddock is in the buffer zone of a Bordering Vegetated Wetland that drains into Chilmark Pond.  The closest activity is 10 feet from the wetland edge.

The Commission discussed the observations made at the site visit and thought there are alternative locations that could accommodate the paddock that are farther away from the wetland and perhaps, outside the wetland buffer zone.  The Commission further asked why the buffer zone is mowed to within 8 feet of the wetland edge.  There was concern over the close proximity to the wetland.  The Commission suggested moving the paddock fence another ten or fifteen feet away from the wetland.  Mr. Damroth suggested installing a berm between the paddock and wetland edge to contain runoff.                    Ms. Lewenberg thought the proposed location is the only one that would work.  The Commission asked if the applicant would like to reconsider and return on June 19th to review an alternative.  After brief discussion Ms. Lewenberg agreed to postpone the decision to the June 19th meeting at which time she will either propose an alternative fence location or withdraw the application.  A motion was made to accept the applicant’s request.  The motion was seconded and with no further discussion passed unanimously with five in favor.

DISCUSSION JONATHAN MAYHEW; Squibnocket Beach Parking Lot:  Mr. Mayhew reviewed a current site plan of the Squibnocket Beach Parking Lot and proposed filling the wetland to the north and west of the current lot to create a dedicated roadway for the Squibnocket Farm residents.  This would ease the inconvenience of having the residents navigate their way through the parking lot in the summer months – when the lot is full of cars.

The Commission explained a proposal such as this would require a formal site plan and Notice of Intent application which could take a month or two to prepare.  Mr. Mayhew wanted to see if there was something that could be done now for this summer.  A suggestion was made to isolate a 12-foot wide car path inside the north and western edge of the current parking lot.  The Commission thought this would be possible this summer and suggested reviewing the plan with the Beach Committee at its May 20th meeting.

Mr. Rossi explained that he would like to repair the lot this summer with sand hardener instead of the sand cement mixture that has been used.  He added they would install coir logs along the north and west edges of the lot that abut the wetland and salt marsh to contain water runoff and sediment.  The Commission thought this is an acceptable short term solution.

Sue and Rich Regen read a letter for the record, Charlie Parker’s letter and expressed their concern over the Phragmites infestation along the pond edge and how the pond’s shoreline is receding to the north—along with the mean high water mark which is now at the base of the parking lot stone barrier.  The Commission thanked the Regens for their input.    

ADMINISTRATION:  

The May 1, 2013 meeting minutes were reviewed and approved as presented with four in favor and one abstention (Mr. Murphy).


Chuck H. reviewed photographs and provided project updates for the following:

AP 33-33 SE 12 – 640, SE 12 – 684;
AP 33-31 SE 12 – 679;
AP 33-30 SE 12 – 678, SE 12 – 630;
AP 30-6 RFD, SE 12 – 663;
AP 21-10, 12, 13 SE 12 – 659;
AP 32-67 Remove shed on coastal bank;
AP 26-23 RFD expand well house;
AP 33-151 SE 12 – 687;
AP 27.1-95, 97 SE 12 – 607.  

The following documents were signed:

Order of Conditions SE 12 – 690; Wiesner; AP 30-76
Order of Conditions SE 12 – 691; Goldstein Tr.; Ahoma Trust; AP 24-198

The next meeting will be held on Wednesday, June 5, 2013 @ 12:30 PM.

With no further business to conduct the meeting adjourned at 2:08 PM.

Respectfully prepared by Chuck Hodgkinson, C.A.S.


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