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Conservation Commission Minutes 04/16/08

Present for the Conservation Commission and attending the meeting were:  Richard Steves, Chairman, Pam Goff, David Flanders, PersonNameRay Kellman, Virginia Dyer, Russell Maloney, Rusty Walton, Andrew Fischer and PersonNameChuck Hodgkinson.  Reid Silva, Michael Carroll, Jimmy Morgan, Carl Flanders and Granville White also attended.  Bruce Bartels was absent.

Mr. Steves opened the meeting at 2:00 PM and reminded the audience that all site visits were conducted on April 9.

REID SILVA FOR JOEL & IRENE PAVE; NOI SE 12 – 554; AP 26-107:  Mr. Steves opened the hearing at 2:00 PM.  Mr. Silva summarized the plan to install an upgraded septic that uses a new drip dispersal leaching system which is only about six inches below the ground surface.  He also explained why the previously approved plan that was submitted by another engineer had to be changed.  The existing well was in the wrong location which invalidated all of the required setback distances.  The new proposal has been approved by the Board of Health.  The ground water is approximately five feet below grade.  The current proposal will not require a raised septic system because of the drip dispersal system that relies upon evaporation for water dissipation.  The Commission asked if the well could be moved.  This would move the leaching system and increase its distance from the stream and wetland edge.  Mr. Silva said it might be possible but explained that the well drilling and installation would create more disturbances to the resource than the currently proposed design.  He added a new well location may provide an additional 20 feet of separation from the resource but would require removing a lot of trees.  

The Commission considered this and commented the current cesspool is less than 50 feet from the stream and this plan is an improvement.  After discussion the Commission agreed the additional 20 feet of separation is not worth the added disturbance that would be caused by digging a new well.  A motion was made to close the hearing at 2:20 PM.  A subsequent motion was made to approve the plan as presented with the standard conditions.  The motion was seconded and approved with five in favor and one opposed (Mr. Maloney).

DISCUSSION REID SILVA FOR SCHEUER SE 12 – 522; AP 33-4:  Mr. Silva explained that as requested by the Commission on April 2, he met with the Planning Board to see if they would support a zoning variance that would be required to change the proposed location of the driveway over a wetland.  He shared a letter from the Planning Board dated April 15, 2008 stating the Board would not support an additional curb cut within 1000 feet from any other such way within the South Road Roadside District.  The Commission accepted the Planning Board’s response and agreed there is no viable alternative location for the driveway.  Mr. Silva mentioned he will return on May 7, 2008 at 2:00 PM to review the current plan with a revised method for crossing the wetland area.

RFD CARL FLANDERS; AP 27.1 – 90:  Carl Flanders described how he would like to remove the existing 12’ X 16’ fishing shanty that is on the Town-owned lot in PlaceNameplaceMenemsha PlaceTypeBasin and replace it with a 14’ X 20’ shanty that will be built off site and moved into position.  He added the new shanty will be the same size as the other fishing shanty’s that were built after the 1938 hurricane.  No replacement pilings are needed and the dock will not change.  Chuck H. added the Board of Selectmen has approved the project.  The Commission discussed how this is a marine related activity and is allowed because it will be strictly used for fishing.  After discussion a motion was made for a negative determination provided the extra four feet of length for the new shanty will go toward the road – and away from the basin – as much as possible and that hay bales will be installed and approved by the Conservation Officer before work begins.  The motion was seconded and approved with five in favor and one opposed (Mr. Maloney).


RFD GRANVILLE WHITE; AP 7-61:  Granville White summarized his plan to replace the existing pole for the power lines that is in a buffer zone.  The new power lines will run above ground to the pole and eventually trenched underground to and under the existing driveway and run north to a new house site.  The current power lines only provide 60 amp service and must be upgraded to service two homes.  After discussion a motion was made for a negative determination with the condition that a silt fence and hay bales will be installed and approved by the Conservation Officer before work begins—if the trenching work will take more than one day to complete.  The motion was seconded and unanimously approved.
 
RFD MICHAEL CARROLL FOR GEOFFREY AND RACHEL COWAN; P 27.1 – 80:  Mr. Carroll summarized the plan to refurbish the existing slate patio, expand the outdoor shower footprint and add a 12’ X 20’ ground-level deck to the existing single-family residence.  All of the work will take place within 50 feet of a bank to a coastal pond.  The Commission commented that this is a very sensitive site, the proposed additions are very close to the bank and there is a minimal amount of open ground left on this small lot.  After much discussion a motion was made for a positive determination for the project as proposed.  The motion was seconded and unanimously approved.

RFD JIMMY MORGAN FOR BARBARA ARMSTRONG; AP 27.1 – 145:  Mr. Morgan apologized for the amount of clearing that took place along the bank of a salt marsh on his sister’s property.      Mr. Morgan explained that he was off-island when the work was done and he could not supervise his crew.  He then outlined his plan to re-vegetate the bank with placerosa rugosa and mulch to prevent erosion and leave the invasive bittersweet in place along with the beach roses to further secure the bank.  After discussion the Commission accepted his plan and a motion for a negative determination was made, seconded and unanimously approved.

RUSTY WALTON UPDATES:  Mr. Walton reviewed his written response to Mr. Graeme Flanders’ attorney, John Ciechanowski, regarding the fence that was installed on AP 33-57.  A Request for Determination of Applicability should be filed by Allen Flanders for the Commission’s review.

ADMINISTRATION:  The meeting minutes for April 2, 2008 were reviewed.  A motion to approve the minutes as amended was made, seconded and approved with four in favor and two abstentions (Messrs. Steves and Kellman).

The following documents were signed and notarized as needed:
        
Order of Conditions SE 12 – 553; AP 4-22.2.
Determination of Applicability for AP 27.1 - 90.
Determination of Applicability for AP 7 - 61.
Determination of Applicability for AP 27.1 - 80.
Determination of Applicability for AP 27.1 – 145.

With no further business to conduct the meeting adjourned at 3:45 PM.
 
Respectfully submitted by PersonNameChuck Hodgkinson, C.A.S.