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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 05/20/15

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Joan Malkin, Chris Murphy, Bob Hungerford, Maureen Eisner and Chuck Hodgkinson.  Reid Silva, Chuck Sullivan, Doug Cooper, Cilla Lavin and Ira Goldklang also attended.  Wesley Cottle and Pam Goff 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 SE 12 – 736; REID SILVA FOR RANDALL D. AND MARGARET J. WEIS; 76 Old Farm Rd.; AP 7-19:  Mr. Silva requested this hearing be postponed to the June 17 @ 12:30 PM  to provide time to prepare and evaluate an alternative plan that will have less impact on the resource buffer zone.  A motion was made and seconded to accept the request.  With no discussion the motion passed unanimously with five in favor.

RDA REID SILVA FOR REBECCA LESSER et. al. 2 Salt Meadows; AP 21-52.1:            Mr. Silva explained the owner would like to remove an existing vinyl lap pool and replace it with a concrete lap pool.  No excavation will be needed and the concrete will be pumped to the site from the parking area.  Approximately ½ of the lap pool is in the buffer zone of a Bordering Vegetated Wetland.  A code compliant pool fence will be added.  The closest activity to the wetland is the pool fence which will be approximately 50 feet from the wetland edge.  After brief discussion a motion was made for a negative determination with the condition a construction fence shall be installed approximately 10 feet from the work site on the east side of the pool and approved by the Conservation Agent before work begins.  The motion was seconded and passed unanimously with five in favor.

CERTIFICATE OF COMPLIANCE SE 12 – 726; LEONARD BELL; 11 East Lane;        AP 32-72:  Chuck H. explained the Certificate is for an Order that was issued 1/9/15 to prune a 50’ X 30’ section of vegetation in a wetland buffer zone to open a water view.  He recommended the project is in full compliance and the following the special conditions should be included as on-going 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.  A motion was made to accept the recommendation.  The motion was seconded and passed unanimously with five in favor.

DISCUSSION CHUCK SULLIVAN FOR THE NEW OWNERS OF MARIN STREET’S HISTORIC HOUSE; 1 Crowberry Lane (off North Slope Lane); AP 14-19.1:  Mr. Sullivan thanked the Commission for its time and introduced the new owners – Cilla Lavin and Ira Goldklang.  The owners would like to build a small addition and install a retaining wall.  He pointed out there are two different delineations of the wetland edge – both of which were done by Mr. Cooper.  Mr. Sullivan is seeking guidance on which delineation to use.  

Mr. Cooper explained the April 2006 delineation had moist soil but because of dense brush growth auger samples to test the soil’s hydrology could not be performed.  The brush was cleared for the November 2008 delineation and auger samples were taken.  This changed the wetland delineation from 2006.  After discussion the Commission said to use the 2008 delineation for the Notice of Intent and to have Mr. Cooper include a detailed narrative of the sampling performed and conclusions reached that explain the wetland edges.

NOI SE 12 – 738; REID SILVA FOR MARY JANE AUSTIN PEASE; 11 Old Hunt Place; AP 24-201:  Ms. Broyard opened the public hearing at 12:57 PM.  Mr. Silva reviewed the site plan dated 4/6/15 to widen and maintain an existing timber walkway.  It will be widened from two feet to a 4-foot width and traverses a saltmarsh and wetland.  A Chapter 91 license will also be filed to maintain the replaced seasonal timber pier within Chilmark Pond.  The project is not within NHESP jurisdiction.  The walkway will be 467 feet long with six inch diameter cedar support posts and pin footings.  The letter from the Division of Marine Fisheries was read for the record.  Mr. Silva pointed out fiberglass grating will be used for the walkway and seasonal pier decking to allow maximum light penetration.  Some Phragmites will need to be cut by hand to install the new walkway.  

There was much discussion about how to determine the height of the raised walkway above the salt marsh.  It was agreed that Chuck H. will measure the height of the mature marsh grass in August which will be the basis for defining the walkway height.  With no public comment a motion was made to close the hearing at 1:25 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented and dated 4/6/15 with the following special conditions:

  • The replacement of the walkway and seasonal pier extension is approved.
  • Staging shall be used to protect the salt marsh when removing the existing structures and disconnected debris in the marsh.
  • The existing Phragmites shall be cut and removed from the site.  No chemical treatments shall be used.
  • A fiberglass grating shall be used for the entire walkway over the marsh and wetland and on the seasonal pier extension to increase light penetration.
  • Any construction equipment shall be fueled outside the resource area and 100-foot buffer zone.
  • A Chapter 91 license shall be obtained from the Commonwealth.
  • In August 2015 the Conservation Agent shall visit the site to certify the height of the mature salt marsh grass before any work may begin.  The height of the walkway shall be the lower of 3.5 feet above the salt marsh bottom or, 6 inches above the certified height of the mature salt marsh grass.
  • An on-site conference shall take place among the Conservation Agent and contractor(s) to review this Order before work begins.
  • A copy of this Order shall be available on site at all times during construction.
  • Perpetual maintenance of the walkway and seasonal pier is allowed provided the maintenance plans are reviewed with the Conservation Agent before work begins and all other conditions of the Order are met.
The motion was seconded.  With no further discussion the motion passed unanimously with five in favor.
The May 6, 2015 meeting minutes were reviewed and approved as presented by consensus.  

The Commission agreed to discuss the Tea Lane storm water management at the next meeting.

The Commission approved the $304 invoice from Perry, Hicks, Deshaies and Mello, LLP – Fool’s High Tide appeal legal expenses.  It will be paid from the Commission’s Wetland Defense Fund.

The following documents were signed:  

Order of Conditions SE 12 – 738; Pease; AP 24-201.   
                        Determination of Applicability Lesser; AP 21-52.1.  
                        Certificate of Compliance SE 12 – 726; Bell; AP 32-72.                

If applications are received the next meeting will be Wednesday, June 3, 2015 @ 12:30 PM.

With no further business to discuss the meeting adjourned at 1:45 PM.

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

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