FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chair, Pam Goff, Russell Maloney, Ray Kellman, David Flanders, Bruce Bartels, Virginia Dyer, Rusty Walton, Conservation Officer and Chuck Hodgkinson. Also attending: Glenn Provost, David Tilton, Karl Burgess, Helen Parker, Riggs Parker, Dennis Jason, Ray Shea, Camille Shea and Doug Cooper.
Mr. Steves opening the meeting at 1:30 PM to announce three site visits: Callagy, White and Shea.
SHEA NOI SE 12 - ???; AP 8-43: Mr. Steves opened the public hearing at 2:27 PM and advised the applicant that the DEP has not yet issued a file number for the application. Mr. Cooper summarized the application and site plan for building a two bedroom single-family residence. The house in the current plan has less floor area than the proposed structure in Mr. Shea’s prior application (SE 12 – 501). The location of the house in the new application is completely out of the 100-foot buffer zone. As discussed at the site visit the blueberry bushes and one cedar tree will be saved and re planted. He mentioned the well and trench will be dug and filled in one day and there will be a re seeding plan as shown on the approved septic application. Mr. Steves read a letter from
the Winickoff’s with no objections to the plan. He also mentioned the Commission couldn’t vote on the application until a DEP file number is received. The hearing and vote will be continued to July 19 @ 2:00 PM. A motion to continue to July 19 @ 2:00 PM was made seconded and unanimously approved.
GLENN PROVOST FOR CHRIS WHITE NOI SE 12 – 519; AP 27.1-101: Mr. Steves opened the public hearing at 2:33 PM and read a letter from the Division of Marine Fisheries with its shellfish habitat concerns for the dock extension and dredging. He also read letters from abutter David Tilton dated July 10, 2006, 1983 and 1997 and abutter Ed Greenbaum. Harbormaster Mr. Jason added that the proposed dock extension would severely impact the neighboring waterfront abutters. He added that there are white quahogs on the site. Abutter Kyle Burgess commented on his concerns with people parking on his property. Mr. Steves said this is not within the Commission’s jurisdiction. Mr. Burgess added that he felt the dock and house construction would be a detriment to his property because
of its close proximity to the site.
Mr. Steves opened the discussion to the Commission. Mr. Provost said he does not know how to address the state’s request for shellfish habitat mitigation as it relates to the dock extension and dredging parts of the application. He added that he does not want to apply for the state permits if the Commission denies permission to dredge around the dock. Mr. Jason said any dredging will require reinforcing the retaining wall and may undermine the stability of the existing dock. Ms. Parker asked if the Commission approves any part of this application would the applicant be required to return with specific plans for dredging one foot down and disposal sites. Mr. Kellman asked what would happen to the dock if the area were dredged. Mr. Provost was not sure and said he would return with the
specifics and a plan if the Commission were inclined to approve the dredging. Mr. Steves commented that the dredging and pier extension would allow larger boats, which would create more damage to shellfish beds. Mr. Jason added that the Town dredged the channel three years ago to an eight-foot depth in the middle.
Mr. Provost explained that the existing house foundation and retaining wall need repair and said he would probably move the house to a barge while performing the repairs. There is no plan to remodel the house. Ms. Goff asked if this work could be performed from shore. She was concerned that the barge would create more disturbances and added it cannot be grounded on the shellfish habitat. Ms. Parker commented that the barge would create navigation congestion and suggested there be a specific time frame for the project—as determined by the Harbormaster. Mr. Jason said if approved, any work would have to take place in the winter and the debris stored on a barge. Mr. Steves added the work would probably be restricted to low tides because of the proximity of the retaining wall. With no
further discussion a motion to close the hearing at 3:08 PM was made, seconded and unanimously approved.
Mr. Steves asked the Commission to vote separately on each section of the application. A motion to deny the dock extension was made and seconded. The reason for denial is based upon the state’s and town’s concerns with the shellfish habitat as outlined in the letter from the Division of Marine Fisheries dated June 20, 2006, the Town’s Wetlands Protection By-Laws and the Harbormaster’s concern for navigation and the abutting water front property owners. The vote to deny the dock extension was unanimous.
A motion to deny the dredging was made and seconded. The reasons for denial are due to the impact on shellfish habitat as outlined for the dock extension and the possible effect this disturbance would have on the existing pier and retaining wall. This dredging would also give larger boats access to the pier and thus cause more disturbances to the habitat. Furthermore, the additional capacity for larger boats might increase density and use of the premises as outlined in Mr. Greenbaum’s email. The vote to deny the dredging was unanimous.
A motion to conditionally approve the permit to repair the existing foundation and retaining wall was made and seconded. The condition for this approval requires the applicant to first return with the specific plans and details for repairing the foundation and retaining wall. The vote to conditionally approve was unanimous.
MORAN NOI SE 12 – 517; AP 21-48.3: Mr. Steves opened the continued hearing at 3:12 PM. The Conservation Officer informed the Commission that he has not yet been able to review a landscape plan with the applicant. A motion to continue the hearing to July 19 @ 2:45 PM was made, seconded and unanimously approved.
TOWN OF CHILMARK NOI SE 12 – 518; AP 33-59: Mr. Steves opened the continued public hearing at 3:15 PM. Ms. Goff requested a change in the June 21st minutes as they pertain to the conditions discussed for this application. The Commission did not approve the placement of a siltation curtain in the water as suggested by the Conservation Officer as they do not think there is a practical way to do this. The second condition to control the water runoff from State Road so it does not go down the launch ramp into the pond is also not a practical condition. The Commission unanimously agreed with the changes. A subsequent motion to approve the plans to repair the existing boat launch ramp as presented with the following conditions was made and seconded: 1. The
Conservation Officer shall be on site during all construction. 2. The contact numbers for all contractors will be given to the Conservation Officer prior to construction. 3. Special attention will be given to preventing fuel spillage from the construction equipment during construction. The vote was unanimous in favor because the purpose of the work is to repair a pre-existing public boat launch ramp for structural and safety reasons.
MILLER NOI SE 12 – 520; AP 33-60: Mr. Steves opened the continued public hearing at 3:18 PM and informed the Commission of a conversation he had with the applicant regarding the existing boat launch ramp on the premises. Neither the applicant nor his representative was present. With no new information a motion to deny the application was made and seconded. The reasons for denial are as stated in the Division of Fisheries letter outlining their concerns for shellfish and eelgrass habitat. The Town reasons are cited in sections 2.07 and 2.08 of the Town’s by-laws, as no new construction shall be permitted in mapped shellfish habitat. The vote to deny was unanimous.
CALLAGY NOI SE 12 - ???; AP 33-76.1: Mr. Steves opened the public hearing at 3:22 PM and informed the applicant that there is no DEP file number which means the Commission may hear the case but may not vote. Mr. Provost summarized the plan and comments made during the earlier site visit. Ms. Goff asked if the new septic system would be shared with the main house. This was confirmed. Mr. Steves asked the Conservation Officer to recommend the best siltation barrier system. Mr. Walton recommended installing a snow fence on the north end of the construction site with additional hay bales. Mr. Provost also confirmed the new guesthouse that will replace the current non-conforming guesthouse will have less floor area and will be further away from the wetland’s edge than the
current structure.
With no further discussion the applicant requested a continuance to July 19 @ 2:30 PM. A motion to accept the request was made, seconded and unanimously approved.
MINUTES: The meeting minutes for 6/21/06 were reviewed. A motion to approve the minutes as amended was made, seconded and unanimously approved.
ADMINISTRATION: The forest management plan developed by the Wampanoag Tribe was discussed. It was agreed the Conservation Officer would attend the presentation on July 20.
SIGNATURES: The required signatures and notary were performed on the Wolff denial SE 12 - 512; AP 11-25.1, 26.1; Town of Chilmark Order of Conditions SE 12 – 518; AP 33-59.
With no further business to conduct the meeting adjourned at 3:38 PM.
Respectfully submitted by Chuck Hodgkinson; C.A.S.
| 
