FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Bruce Bartels, Pam Goff, Russell Maloney, David Flanders, Pam White, Ray Kellman, Rusty Walton, Conservation Officer and Chuck Hodgkinson. Also attending: Peter Wells, Matt Dix, Land Bank abutters Keith Emin, Blair Emin, Joanie and Pat Jenkinson, John Larsen and Clark Goff.
Mr. Steves opened the meeting at 1:30 PM to outline two site visits – Land Bank – 30 Tea Lane and 20,21 Point Inner Way.
MINUTES: The meeting minutes for 4/12/06 were reviewed. A motion to approve the minutes with a minor correction was made, seconded and unanimously approved.
LABAREE NOI SE 12 – 503; AP 21-36: Mr. Steves opened the continued hearing at 2:30 PM. The applicant asked for a continuance to June 7, 2006 @ 2:00 PM. A motion to continue the hearing to Wednesday, June 7 @ 2:00 PM was made, seconded and unanimously approved.
LAND BANK NOI SE 12 – 505; AP 13-16: Mr. Steves opened the continued hearing at 2:31 PM. Ms. Goff recused herself and left the room. Mr. Dix summarized the earlier site visit and plans, methods of construction and materials for the proposed walking trail. If approved he anticipates completion by June 1. Mr. Steves explained the advantages of the proposed raised pin foundation system for the elevated walkway to the audience. He also read a letter from the Division of Fisheries and Wildlife stating the NHESP has determined the proposed work will not affect or take habitat from the rare water willow stem borer moth.
Mr. Walton suggested raising a larger section of the ground level walkway that leads to and from the stream. Mr. Dix agreed he could add to the elevated section of walkway and said this would be done if approved.
Abutter Pat J. said the trail easement abuts his and Mr. Larsen’s property line and asked for a map of the trail’s location. Mr. Steves mentioned that this section of trail is not in the Commission’s jurisdiction because it is not in a wetland or buffer zone. Mr. Larsen asked why the Town’s Land Bank Advisory Board did not contact the trail abutters in advance. Mr. Dix explained this trail was discussed at the Land Bank’s regular public meeting. He added that the Land Bank only contacts specific abutters when reviewing its management plans for properties owned by the Land Bank. The Goff’s donated this trail easement to the Land Bank as a gift. The Land Bank does not own the property.
Mr. Dix also mentioned that it had been agreed that the trail was to join the existing driveway for Ingrid Goff’s house, not be cut to the north of the driveway - at least at this time. Joan J. and others asked for legal assurance that the path would not follow the boundaries of their properties (as originally shown and as entered in the registry. Mr. Dix could not give that assurance, as the agreement was on the easement donor’s property, not Land Bank’s. He suggested that the abutters should come to the regular (public) meeting of the Land Bank, next Monday.
Joanie J. added this trail easement abuts Pat’s , Blair’s and John’s property. Mr. Steves asked if a screening plan could help the situation. Mr. Dix offered to give the abutters several cedar trees up to five feet in height but added the Land Bank could not plant them on their property. This would be the property owner’s responsibility. This option was rejected because the abutters did not want to be responsible for planting screening on their property for a trail easement on someone else’s property. Mr. Dix suggested making an appointment to get on a Land Bank meeting agenda to discuss this further. The Commission added that perhaps the Land Bank could investigate a land swap with the Cossutta property on Middle Line Road for a section of the trail.
With no further discussion Mr. Steves closed the hearing at 3:00 PM. A motion to deny approval of the application was made and seconded. The Commission discussed that not all of the facts have been received or communicated to the abutters. Pat J. added this is the only venue where the abutters were notified in advance and given an opportunity to comment. It was concluded that a denial couldn’t be justified based upon reasons that are outside of the Commission’s jurisdiction and wetland regulations. After discussion the vote to deny approval did not pass with a vote of one in favor and five opposed.
A motion to approve the application with two conditions was made. The conditions are: 1. A larger section of the walkway will be raised (versus resting on the ground) in the sections leading to and from the stream as determined by the Conservation Officer. 2. The Land Bank will meet with the aggrieved property abutters and easement donor to try and reach a mutually agreeable solution to their concerns with the section of trail that is parallel to their property lines. The motion was seconded and passed with a vote of five in favor and one opposed.
POINT INNER WAY NOI SE 12 – 511; AP 33-98, 99, 101: Mr. Steves opened the public hearing for the Point Inner Way NOI application at 3:05 PM. Messrs. Maloney and Flanders recused themselves. Mr. Wells summarized the comments made on the earlier site visit and site plan. He added that the five feet of sandy soil between the bottom of the high capacity infiltrator bed and water table would help prevent waste from leaching to the wetland. After discussion the Commission agreed this system is an improvement over the existing system. A motion to approve the plan as presented was made with a special condition that there shall be no further septic development of these lots beyond the five-bedroom capacity as shown on the plan. The motion was seconded and unanimously approved
with five in favor.
LITTLEFIELD NOI SE 12 - 509; AP 271-56: Mr. Steves opened the continued hearing for this application at 3:15 PM and reminded Messrs. Flanders, Kellman and Ms. White that they cannot vote as they did not attend the original hearing on April 5. It was pointed out to the Commission that the Board of Health and Massachusetts DEP have not approved this new septic system for pilot use in the Commonwealth. The hearing was closed at 3:20 PM. After discussion a motion was made to approve the work required for the new walkout basement foundation and raised deck. Approval of the septic system, retaining wall and necessary grading will be granted on the condition that the Chilmark Board of Health and the Massachusetts DEP must first give their consent. The motion was seconded and approved with
a vote of four in favor.
DISCUSSION: The Commission discussed and agreed the Conservation Officer should send a Notice of Violation to the Iscol household (AP 33-100) about the pile of garden and grass clippings that is in and potentially blocking the drainage of a pool near the beginning of the driveway.
ADMINISTRATION: The required signatures with notary were made for two Orders of Conditions: SE 12 – 511, AP 33-98,99,101 and SE 12 – 509, AP 27.1-56. The evening’s Finance Committee meeting was discussed regarding the request for a funds transfer to cover the wetland delineation expense incurred for the Shea appeal. The Commission agreed.
With no further business to conduct the meeting adjourned at 3:35 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
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