FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Bruce Bartels, Russell Maloney, Ray Kellman, Rusty Walton, Don Reese and Chuck Hodgkinson. Also attending were Glenn Provost, Wendy Weldon, Chris Alley, Jay Walsh, Jim Cappuccino and Kris Horiuchi. David Flanders, Richard Steves and Virginia Dyer were absent.
Ms. Goff opened the meeting as acting Chair at 2:20 PM.
CHRIS ALLEY FOR 9 AZALEA NOMINEE TRUST: NOI SE 12 – 532; AP 29-8: Ms. Goff opened the public hearing at 2:25 PM. Mr. Alley summarized the site visit and plans to relocate the existing house that is 45 feet from the coastal bank and move it out of the 100 ft. shore zone. Construction of a new garage is also proposed. The activity will take place within 100 feet of a bordering vegetated wetland and within 100 feet of a coastal bank. Mr. Alley summarized the progressive erosion rate of the coastal bank from 1994 to the present. He noted there are no areas for relocation that are out of the buffer zone because of the extensive wetlands on the parcel. The house would be moved in two separate sections and placed on nine sonotubes. The deck would be replaced with a
new deck. The owners would also like to build an additional structure – a 24’ X 24’ two-car garage. The garage location is 30 feet from a wetland. Mr. Alley added that the Site Review Committee and Board of Health approved the plan with the conditions of removing the old septic tank, old underground utilities and sonotubes from the premises.
The Commission asked if the house could be placed where the garage is located on the site plan. There is more distance between the structure and the wetland edge in that spot than where the house is currently sited. Mr. Alley said the proposed house location while close to the wetland is sited to preserve as much of the view as possible – knowing that it will be 6 feet lower than its current location.
After further discussion the Commission agreed the house must be re-sited but recommended the applicant return with a revised plan that is consolidated and increases the space between the structures and the wetland edges. Mr. Alley requested a continuance to April 4, 2007 @ 2:00 PM. A motion to accept the request was made, seconded and unanimously approved.
GLENN PROVOST FOR PACER NOMINEE TRUST – BARBARA FOSTER TRUSTEE: NOI SE 12 – 532; AP 35-1.15: Ms. Goff opened the public hearing at 2:40 PM. Mr. Provost summarized the history of the subdivision, parcel and prior two determinations of applicability. He added that the 387-acre subdivision was submitted in 1980 and finally approved by the Town in 1992. Approximately 227 acres of the 387-acre total are placed in conservation and that the subject lot # 15 is a 27-acre parcel with a one-acre building envelope. The lot is pre-approved for two single-family residences. He added that there is only one acceptable location for a septic system and leaching
field that is already installed. The Board of Health reviewed the plan and said the septic pump chamber must be moved. The building envelope may be moved by up to 10 percent from its current location but, not to a higher elevation.
Mr. Provost added that most of the wetlands drain into Squibnocket Pond and the soil does not percolate well. The drainage swale that is in the building envelope drains into Round Pond—not the coastal great pond.
Ms. Horiuchi summarized the site plan for a main house, a second studio dwelling, a garage and pool house and a built-in swimming pool and spa. She added that there would be no driveway to the second dwelling on the north end of the building envelope.
The Commission commented that it couldn’t sanction a plan with so much building activity in the buffer zone. Mr. Provost claimed there is nothing in the regulations that prohibits what they are proposing. Ms. Goff read the Town’s Wetland Protection Act and regulations pertaining to land within 100 feet of a wetland and added the applicant must prove the proposed activity in the buffer zone, which is considered a resource, will not adversely impact the resource.
Ms. Weldon as Chair of the Squibnocket Pond District Advisory Committee commented that the district prohibits the use of fertilizers, irrigation of lawns and added that de-nitrification septic systems are encouraged.
After further discussion Mr. Provost requested a continuance to April 4, 2007 @ 2:15 PM to consider the comments. A motion to accept the request was made, seconded and unanimously approved.
GARY MAYNARD FOLLOW UP LETTER – ROSEMALLOW FARM TRUST NOI SE 12 – 526; P24-36: The Commission read the follow up letter dated 2/8/07 addressing the Commission’s concerns about the increased scope of activity for this project. While the letter said the project would be scaled back to the scope of work as originally intended in the Notice of Intent, the Commission felt the project has already gone beyond the scope of work and that the means and methods of construction are more aggressive than originally explained on the site visit and in the original hearing. They further requested a re-vegetation plan and insist that the Conservation Officer have a meeting with the contractor as soon as possible. Chuck H. will communicate the Commission’s concerns that will require an
amended notice of intent filing.
CEMETERY COMMISSION LETTER DATED 2/25/07 – ABEL’S HILL CEMETERY: The Commission read a letter from John Flender dated 2/25/07 outlining the Commission’s desire to clear the southeast corner of Abel’s Hill Cemetery that is now vegetated with pine trees. The letter outlined the NHESP by the Division of Marine Fisheries plan permitted three methods for clearing this area. It explained the trees are now 12 feet tall and cannot be removed by hand and uprooting is the best method. After discussion a motion to send a letter to Mr. Flender noting his proposal and allowing him to choose whatever method he prefers for the clearing. The motion was seconded and unanimously approved.
RUSTY WALTON UPDATES: The Commission asked Rusty W. to investigate a possible new stone wall behind the Chilmark Store.
Mr. Walton summarized the MACC annual convention and mentioned he purchased a 2007 handbook for $65. A motion to reimburse this expense was made, seconded and unanimously approved.
MINUTES: The meeting minutes for 2/7/07 were reviewed. A motion to approve the minutes as presented was made, seconded and unanimously approved.
With no further business to conduct the meeting adjourned at 4:20 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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