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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 02/21/18

Present for the Conservation Commission and attending the meeting were:  Candy Shweder, Chairman, Joan Malkin, Vice Chairman, Pam Goff, Chris Murphy, Sandy Broyard,                  Bob Hungerford, Maureen Eisner and Chuck Hodgkinson.  Reid Silva, Warren Doty and        Joan Hughes also attended.  Russell Maloney did not attend.

The meeting came to order at 12:30 PM.  

DISCUSSION SE 12 – 796; JOAN HUGHES FOR MARGARET WAITZKIN;                     6 Ocean View Farm Rd.; AP 25-113:  Chuck H. explained an Order was issued in           October 2017 to upgrade the 3-bedroom septic system in a location that is 73 feet from a Bordering Vegetated Wetland.  Living space was increased with a 368 sq. ft. expanded footprint within the 100-foot buffer zone of an isolated wetland.  The closest activity was 58 feet from the wetland edge.  A buried oil tank was also removed from underneath the house.  The house has been subsequently torn down.  The Chair asked Ms. Hughes to explain why the house was torn down which was not requested or approved in the Order.  Ms. Hughes apologized and said this project has been rather unique.  The owner wanted to save certain aspects of the original house that frankly were beyond saving condition.   The cinder block foundation was only two blocks deep and the majority of the house and structural support were decimated by powder post beetles.  She added the footprint will not change from the original house and approved plan.  The Commission asked if there was a different location on the property that will accommodate the house, well, septic system and driveway – since it has been torn down.  Ms. Hughes said she did not prepare an alternatives analysis.  The Commission asked that Ms. Hughes return with an alternatives analysis for discussion at the March 7 meeting.  All agreed.  

SE 12 – 809; REID SILVA FOR SCOTT ROSENBERG; 16 Shepherd’s Path; AP 24-1:  Ms. Shweder opened the public hearing at 12:52 PM.  Mr. Silva reviewed the plan to remove invasive ornamental grasses located throughout the property—miscanthus (silvergrass) and manage the area.  The vegetation stalks will be tied in bundles and hand cut.  The remaining stems will be treated with Rodeo or other herbicide using the hand-swab method.  The work will be done in the dormant, winter months, throughout the open, wooded and wetlands areas of the property including Bordering Vegetated Wetlands and the 100-foot buffer zone of the wetlands and fresh water ponds.  The Commission asked if the work can be done before the plants go to seed.  It also asked how will the cut stalks be disposed as this species of invasive plant is on the Massachusetts list of banned vegetation—meaning it cannot be sold anywhere in the state.  They also said the application of any chemicals, fungicides, pesticides or any derivatives of Rodeo cannot be used on the site as proposed.  The management of this invasive species would be confined to continual cutting.  

Ms. Shweder left the meeting at 1:00 PM and Vice Chairman Malkin assumed the Chairman’s role.  Mr. Silva requested the hearing be continued to March 21 @ 12:45 PM to provide time for him to respond to the DEP questions for ecological restoration.  A motion was made and seconded to accept the request.  The motion came to a vote and passed unanimously with six in favor.  

DISCUSSION SE 12 – 750; REID SILVA FOR FRED AND JOSEPH TILDEN;                11 Marsh Rd.; AP 27.1-28:  Mr. Silva explained an Order was issued in October 2015 for trimming, topping and removing vegetation to open a view to Menemsha Pond.  The Order permitted Phase I with the condition that Phase II work would not be done until Phase I was completed and reviewed.  The applicant would like to have Phase I approved and obtain approval to execute Phase II and to expand the scope of work in Phase II as shown on the revised site plan dated 2/21/18.  The expanded work will be on the neighbors’ property and include trimming the cherry trees to the height of the existing roof ridges.  Letters of consent were provided from the two neighbors for the expanded work.  The Commission discussed the observations from the site visit on February 20th.  After discussion a motion was made to approve the Phase I work, approve the Phase II work and the expanded work as shown on the site plan dated 2/21/18 with the following conditions:  1. All work in the wetland will be done using hand tools.  2.  The Conservation Agent will be notified before the Phase II work is done to agree upon the method for flush cutting the beech and maple trees.  The motion was seconded and passed with four in favor, one opposed (Ms. Eisner) and one abstention (Ms. Malkin).   

DISCUSSION WARREN DOTY PROPOSED NEW FIRE HOUSE PLAN:   Mr. Doty explained the Selectmen have evaluated six different locations for a new fire house.  He added today’s discussions are preliminary on the latest plan that has been approved by the Fire Chief. The Selectmen are considering a plan to build a new fire house in the town hall parking lot.  There is a new parking scheme.  The ingress and egress for the fire trucks will go across the land that supports the current fire station and Tri-Town Ambulance garage to Menemsha Crossroad.  The Commission explained it cannot comment on a hypothetical plan and offered the following concerns and advice for moving forward.  It would like the Town to respect the Wetland Protection Act and Town Wetland Protection Bylaws regulations.  They recommended having the wetland resources formally delineated and suggested finding ways to mitigate the project’s impact on the wetlands and the brook.  It also has concerns with the pavement planned on the edge of the wetlands and brook and how the water drainage will be managed.  It also wanted to know how the hazardous waste water, chemicals and materials will be handled because of the close proximity to the wetlands.  The Commission suggested since this is a preliminary sketch to ask the consultants to see if the project can be relocated farther from the water resources.         Mr. Doty thanked the Commission for its time and said he will return with any updates.

DISCUSSION SE 12 – 757; REID SILVA FOR TOWN OF CHILMARK; Squibnocket Road; AP 35-17.3, 17.4:  Mr. Silva explained this Order was issued for the Town’s portion of the Squibnocket project.  He said evidence of archaeological features have been discovered in a section of the town’s new parking area.  He reviewed a site plan dated 2/20/18 identifying the locations of the features with the recommended solution that has been approved by P.A.L., the Massachusetts Historical Commission and Wampanoag Tribe.  Essentially a gradual addition of fill will be added to the top of the new parking lot to protect the archaeological features.  To ensure the new lot will be level approximately 1455 sq. ft. of paving will be removed from the southern portion of Squibnocket Road, fill added and the new turnaround culvert and removed section of Squibnocket Road re-paved.  After brief discussion a motion was made to declare the change as inconsequential to the approved plan.  The motion was seconded and passed with five in favor and one abstention (Ms. Malkin).  A second motion was made to approve the changes as shown on the site plan dated 2/20/18.  The motion was seconded and approved with five in favor and one abstention (Ms. Malkin).  


The draft February 7, 2018 meeting minutes were reviewed and approved as presented by consensus.

The next meeting will be Wednesday, March 7, 2018 @ 12:30 PM.

With no further business to discuss the meeting adjourned at 2:05 PM.

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

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