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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 08/02/17

Present for the Conservation Commission and attending the meeting were:  Candy Shweder, Chairman, Joan Malkin, Vice Chairman, Sandy Broyard, Pam Goff, Maureen Eisner, Bob Hungerford (arrived at 12:45), and Chuck Hodgkinson.  Reid Silva, Jerry Kauff, Cathy Thompson, Jeremy Wood, Warren Doty, Barbara Lampson and Andrew and Ellen Jacknain also attended.  Chris Murphy and Russell Maloney did not attend.    

The meeting came to order at 12:32 PM.  

REQUEST FOR DETERMINATION OF APPLICABILITY; JERRY KAUFF; 0 Meadow Lane; AP 31-11.2:  Mr. Kauff explained he would like to remove 3-4 trees on Map 31 Lot 11.2 to open the water view for his property--Map 31 Lot 9.3.  The work will be done in the fall – after bird nesting season and in accordance with standard forestry practices.  The stumps will be left in place.  The activity is within 100 feet of the top of the Menemsha Pond Coastal Bank and on land that is also protected by a Town Conservation Restriction (CR) granted to the Wiesner family.  Chuck H. confirmed a letter of consent has been secured from Zach Wiesner.

Chuck H. read the restriction # 4 of the CR devoted to tree removal.  The Commission thought the proposal is consistent with the allowed removal of trees.  After discussion of the methods and to be used a motion was made for a negative determination with the following special conditions:  1.  Hand held power tools shall be re-fueled outside the 100-foot buffer zone from the top of the bank.  2.  No heavy machinery shall be used as this would require cutting a path to the site.         3.  The trees will be flush cut.  The stumps shall not be removed.  4.  The contractor shall contact the Conservation Agent before work begins to discuss this project.  The motion was seconded and passed unanimously with five in favor.

Mr. Hungerford arrived at 12:45 PM.

DISCUSSION ENFORCEMENT ORDER BARBARA LAMPSON FOR LINDA GREENBERG; 12 Larsen Lane, North Fork; AP 27.1-217:  Chuck H. explained an Enforcement Order was issued on June 13 to restore a cleared area within the Riverfront Zone and the 100-foot buffer zone of a perennial stream.  Fill was added to the cleared area which was on the owner’s land and the neighbor’s land.  Ms. Lampson is here as required to present the proposed detailed plan to restore the area.  The Commission discussed all the directives in the Enforcement Order and asked Ms. Lampson to address the plan for each.  The goal is to remove all the fill and restore the area back to its original state.  After much discussion about the entire plan and proposed re-landscape plan a motion was made to approve the plan as presented excluding item # 11 regarding improvements on Ms. Greenberg’s property that are also in the buffer zone.  The following special conditions must also be met to satisfy the Order:  1.  The contractor shall have an on-site meeting with the Conservation Agent (CA) to review the entire plan before work begins.  2.  The CA shall be notified ahead of time and be on site to observe the removal of the fill and restoration of the natural grade of the land.  3.  The CA shall be onsite to observe the application of top soil.  4.  A mini bobcat can be used for the fill removal and re-grading.  5.  All siltation barriers shall be maintained in good condition until the new plantings have been established.  6.  The request to maintain the fill and create a lawn and seating area on Ms. Greenberg’s property is not approved.  The Commission shall make a site visit when all other elements of the restoration are in place before deciding on any improvements to              Ms. Greenberg’s property.  The motion was seconded an unanimously approved with six in favor.  

CERTIFICATE OF COMPLIANCE SE12-648; JAMIE ATKINS; 80 State Rd.; AP 30-6:  Chuck H. explained a partial Certificate of Compliance was issued in May 2012 to install an upgraded septic system, well and well water line.  Ms. Atkins was buying the property at the time.  The work was completed but the siltation fencing and hay bales needed to be maintained in good condition until the re-vegetation was established.  The property is being sold again and the attorneys would like a complete certification.  Chuck H. recommended issuing the complete certificate as the property is completely restored.  A motion was made to accept the recommendation and issue the complete certificate of compliance.  The motion was seconded and unanimously approved with six in favor.


Warren Doty:  Follow up Menemsha boardwalk in salt marsh:  The Commission explained its position and charge is to enforce the Commonwealth’s Wetland Protection Act and the Town’s voter-approved Wetland Protection Bylaws.  They added the existing walkway was built on town land, is not designed to best practices and does not protect the salt marsh resource—which is one of the most important resources for shellfish food production.  They suggested the boardwalk can be removed or brought up to best design practices—which is analogous to bringing a building’s plumbing up to legal code.  Ms. Thompson read her letter for the record and reinforced the fact that this path has been used for decades to access Menemsha Beach or access the Basin Road restrooms.  She added approximately 30 houses off Menemsha Inn Road use the foot path which also helps relieve car traffic in Menemsha.  Occasionally the path to the beach goes over the sand dune near the sword fisherman statute.  The Commission commented a sand dune is also a protected resource.  Mr. Doty made the point that public funds cannot be used for infrastructure that is not available to all residents.  Access to this path is across town land which technically has no easement rights for this use.  He added there is a separate 30-foot right of way that was created for beach access but, this too does not have use rights or access for the general public.  The route to either path is across private land.  It was pointed out a section of the homeowners’ legal right of way has waist-deep water.  After much discussion it was agreed the Commission will make a site visit with Mr. Doty after the summer to decide what to do about the boardwalk and the residents will explore the existing easements and rights of way for beach access.  

Warren Doty:  Discuss potential site for Tri-Town Ambulance Building—37 Menemsha Crossroad; AP 26-137, 138.  Mr. Doty shared a site plan of a potential location for the           Tri-Town Ambulance headquarters to be located on Menemsha Crossroad.  He added if this property was purchased it would free up the current Tri-Town garage space for a possible new fire station at that site.  The Commission agreed its location seems ideal for the ambulance service but commented the majority of the site is wetlands and the current house was built on fill before the regulations existed.  The Commission agreed to make a site visit as soon as possible and will have an opinion on its re-development feasibility very soon as this is in the town’s interests and the property is currently on the market.  

Commissioners Malkin and Eisner had to leave the meeting.

Reid Silva:  Expanded path and bridge over a Roaring Brook tributary—AP 14-7.  The Commission reviewed photos of the recently widened footpath and bridge that was constructed on AP 14-7 which is part of the old Cagney estate.  Parts of the widened path go over wetlands and there are fresh ATV tracks across bridge and path.  All of this recent work was done without a permit.  Mr. Silva agreed, said he was unaware of its construction and asked for direction on how to rectify the situation.  After much discussion a motion was made to issue an Enforcement Order and $300 fine to the new owners.  It should include an immediate cease and desist on the use of the path and bridge while requiring the owners file a Notice of Intent that corrects the situation.  It seemed apparent the widened path was built to make it easier to transport any beach gear to the brickyard.  The motion was seconded and unanimously approved with four in favor.

Keith Emin subdivision plan—AP13-10.2.  Chuck H. explained the Emins are creating a youth lot for their daughter.  The subdivision rules and regulations require all subdivisions to be reviewed by town boards for comment.  Upon reviewing the plan a motion was made to say the Commission has no comment on the plan as it is not within its jurisdiction.  The motion was seconded and unanimously approved with four in favor.

Muglia subdivision plan—AP 17-38.2.  Chuck H. shared the proposed subdivision of these two parcels off South Road.  The plan seeks a change in the lot line so the building envelope of the vacant lot is outside the Commission’s jurisdiction.  After brief discussion a motion was made to say the Commission has no comment on the plan provided the two building locations as shown on the site plan are adhered to.  There is a possibility they can be relocated and be within the Commission’s jurisdiction.  The motion was seconded and unanimously approved with four in favor.

The draft July 19, 2017 meeting minutes were reviewed and approved as presented by consensus.

        Determination of Applicability Kauff; AP 21-11.2.
        Certificate of Compliance SE 12 – 648; Atkins; AP 30-6.

The discussion of the bylaw violations and landscapers and the tear down versus maintenance definitions was deferred to the next meeting.

The next meeting will be Wednesday, September 6 @ 12:30 PM.

With no further business to discuss the meeting adjourned at 2:40 PM.

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

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