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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 01/07/15
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Pam Goff, Joan Malkin, Bob Hungerford, Chris Murphy, Maureen Eisner and Chuck Hodgkinson.  Riggs and Helen Parker, John and Pete Keene, Fred Fournier, Carole Hunter and Gene Bergeron were also present.  Wesley Cottle and Candy Shweder were absent.        

The meeting came to order at 12:30 PM.  Ms. Broyard appointed Alternate Commissioner Eisner as a voting member for the day’s agenda.
 
NOI Reid Silva for Shirley Feibleman; SE 12 – 725; off State Rd./Access to Quitsa Pond;         AP 33-107, 108:  Chuck H. explained Mr. Silva was home ill.  The Commission discussed the site visit and thought it understands the project and can rule on the proposed work.  Ms. Broyard opened the public hearing at 12:33 PM.  The Commission discussed the desire for routine maintenance on an existing timber-frame boathouse within Land Subject to Coastal Storm Flowage.  No ground disturbance will take place.  With no comment from the public a motion was made to close the hearing at 12:35 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as proposed with the following conditions:  1.  Maintenance on the existing structure with no ground disturbance is allowed provided the maintenance plans are reviewed with the Conservation Agent before work begins.  2.  All debris shall be removed from the site daily or stored in a covered dumpster located outside the resource area and the resource area buffer zone.  3.  A Notice of Intent shall be filed if any foundation work or other repairs are desired that will disturb the ground.  The motion was seconded and passed unanimously with six in favor.
RFD Gene Bergeron for Gordon Bunting; 3 Marjo’s Way; AP 27-9:  This is in response to an Enforcement Order issued for clearing done within the 100-foot buffer zone of the Menemsha Pond shoreline.  Mr. Bergeron apologized for not first discussing this with the Commission.  He explained that the owner would like to stabilize the first 25 feet of land from the pond’s bank by adding 120-130 Rosa Rugosa plants ten to fifteen feet landward of the existing vegetation at the top of the bank; cut invasive Phragmites one time/year; maintain and periodically mow the existing re-planted lawn of Cape Cod seed mix and little blue stem 2-3 times/year and periodically clear the bittersweet.  Hand tools will be used for planting and no fertilizers will be used.  After discussion a motion was made for a negative determination with the following conditions:  1.  Any gas powered tools shall be fueled outside any resource area and any 100-foot resource area buffer zone.  2.  Future maintenance plans of this work shall be reviewed with the Conservation Agent before work begins.  3.  Any additional work in the resource area or buffer zone for work such as removing invasive species or view maintenance shall require the filing of a Notice of Intent before work begins.  The Commission asked Chuck H. to send a letter to the owner explaining these conditions.  The motion was seconded and unanimously approved with six in favor.

NOI Fred Fournier of Landscope Landscaping for Leonard Bell; SE 12 – 726; 11 East Lane; AP 32-72:   Ms. Broyard opened the public hearing at 12:50 PM.  Mr. Fournier explained the owner would like to prune a 50 ft. long X 30 ft. deep section of native vegetation along the southwest corner of the property to an undulating height of four feet to improve the water view.  Invasive species shall be removed and no trees will be removed.  All work will be done by hand.  The project is within the 100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity is 40 feet from the wetland edge.  With no public comment a motion was made to close the hearing at 12:55 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:      1.  The removal of invasive species and the pruning of the remaining brush to an undulating height of four feet above grade is allowed.  2.  No trees shall be removed.  3.  No machinery shall be used and all work shall be done by hand.  4.  All debris shall be removed by hand.  5.  On-going maintenance is allowed provided the maintenance plans are reviewed with the Conservation Agent before work begins and all conditions of this Order are met.  The motion was seconded and passed unanimously with six in favor.  

Postponed from Dec. 17, 2014; NOI SE 12 - 727; Reid Silva for Brian R. Kenney;
26 Harbor Hill Road; AP 27.1-107:  Ms. Broyard opened the public hearing at 12:56 PM.      Ms. Hunter reviewed three site plans dated 1/5/15 to reconfigure and existing parking area, construct associated retaining walls, re-route the water line and walking path and complete finished landscape plantings within the 100-foot buffer zone of a coastal bank.  Additional activity such as burying two sets of utility lines, additional trenching, clearing and planting of an expanded lawn, relocating the septic line, adding below-grade plastic infiltrators to channel roof water runoff away from the foundation and removing a utility pole at the top of the bank.  All of the activity is in the 100-foot buffer zone of a steep coastal bank.  The closest activity is approximately 2 feet from the top of the bank.

The Commission asked if any area of the buffer zone will go un-touched.  The Commission then analyzed the site and determined this area is already damaged due to the nature of the neighborhood development and the primary interest it is protecting is coastal bank erosion.  The Keene’s agreed with the plan and wanted to make sure their septic and walking easements to the stairway down the bank would not be compromised.  After much discussion and with no further public comment a motion was made to close the hearing at 1:43 PM.  The motion was seconded and unanimously approved.  The Commission discussed the total project, scope of work and commented the vast amount of additional requests at this late date should be avoided in the future.  A subsequent motion was made to approve the plans as follows and outlined below and shown on the Planting Plan; Landscape and Parking Plan and the Contour Plan dated 1/5/15.

  • The expanded parking area will be dry-laid stone walls with no concrete.  Part of the existing berm will be removed to change the grade.
  • The public walking path shall be relocated along the stone wall to the north and in the “Keene Easement”.
  • The buried Menemsha Water Company line will be relocated and trenched below the frost line for year-round water service.
  • The mid-property power lines to the north will be buried along the path of the relocated water line.
  • The power pole at the top of the bank shall be removed and those power lines shall be placed underground in conduit to the Keene stairway using a boring drill method—not a mini excavator.
  • The septic pipe from the tank to the leach field will be relocated.
  • Below-grade plastic infiltrators will be installed behind the retaining walls to channel roof water runoff away from the foundation.
  • The existing brush at the top of the bank and on the Keene property shall be maintained to a height of no lower than four feet above existing grade.  The root structure shall not be disturbed.
  • The brush along the new public walking path will be removed and re-planted in accordance with the Plant List dated 1/5/15.
  • The lawn area on the north side of the house will be expanded and the existing lawn on the south side shall be maintained.  A lawn will be planted on the new public walking path and the parking area to contain erosion.
  • A temporary, above-ground weep irrigation system will be used in the summer of 2015 and removed in the fall.
  • No fertilizers, herbicides, fungicides of any kind will be used on the property.
Special Conditions:

  • No excavating equipment or heavy machinery other than the boring drill shall be used within 10 feet of the top of the coastal bank.  If a boring drill cannot be used for the buried utilities to the Keene stairway, the trench shall be dug by hand.
  • Before work begins an on-site meeting shall take place among the Conservation Agent and contractor(s) to review this Order, agree upon the limit of work area and design an erosion control system that shall be maintained for the duration of the project and until the plantings are established.
  • Before work begins the Conservation Agent shall approve the installed erosion control system.
  • A revised site plan showing the final planned locations for all activities including the erosion control locations, brush planting areas and all lawn areas shall be provided within two weeks after the installed erosion control measures are approved by the Conservation Agent.
The motion was seconded and after much discussion passed unanimously with six in favor.

Certificate of Compliance; Richard Treitman; SE 12 – 104; 15 Periwinkle Lane;               AP 32-63.3:  Chuck H. explained the property is being sold.  This Certificate is for an Order of Conditions issued for a seasonal beach stairway down Wequobsque Cliffs in December 1988.  It was never installed and he recommended issuing an “Invalid Order of Conditions” as the Certificate of Compliance.  A motion was made to accept the recommendation.  The motion was seconded and unanimously approved with six in favor.  

Discussion Zach Wiesner; SE 12 – 690; Boston Hill Rd.; AP 30-76:  Chuck H. explained an Order of Conditions was issued in May 2013 for a driveway and buried utilities for this undeveloped, 4-acre lot.  The original utilities plan assumed the line for the rest of Boston Hill Road could be used.  Mr. Wiesner subsequently learned he does not have access to that power line.  He would like to run the buried utilities from an existing pole on the lot that is 35 feet from a wetland edge.  
Chuck H. asked if this is an inconsequential change to the Order of Conditions or, shall the hearing be re-opened?  After brief discussion a motion was made declaring the change as inconsequential.  The motion was seconded and unanimously approved.  A second motion was made to approve the request as outlined with the condition the Conservation Agent shall inspect the proposed new location with the contractor on site before work begins and determine if any erosion control measures are warranted.  The motion was seconded and with no further discussion passed unanimously with six in favor.
  
Administration:  
        
The December 17, 2014 meeting minutes were reviewed and approved as presented by consensus.  The December 17, 2014 Executive Session minutes were reviewed and approved as presented by consensus.

The following documents were signed:

Order of Conditions SE 12 – 725; Feibelman; AP 33-107, 108.
Determination of Applicability Bunting; AP 27-9.
Order of Conditions SE 12 – 726 Bell; AP 32-72.
Order of Conditions Kenney; SE 12 – 727; AP 27.1-107.
Certificate of Compliance Treitmen; SE 12 – 104; AP 32-63.3.
        
The next meeting will be Wednesday, January 21, 2015 @ 12:30 PM.  

With no further business to discuss the meeting adjourned at 2:30 PM.
 
Respectfully submitted by Chuck Hodgkinson, C.A.S.


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