FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Russell Maloney, David Flanders, Dick Smith, Andrew Fischer, Rusty Walton and Chuck Hodgkinson. Reid Silva, Hugh Weisman, Ken Iscol, Billy Meegan, Derrill Bazzy, Doug Cooper and Ron Mechur also attended. Ray Kellman, Bruce Bartels and Virginia Dyer were absent.
Mr. Steves opened the meeting at 2:00 PM and informed the audience that the Commission made their site visits for today’s agenda on July 29th. He further appointed alternate Commissioners Messrs. Fischer and Smith as voting members for the day’s agenda.
DOUG COOPER FOR LESLIE PROSTERMAN; RFD AP 33-154: Mr. Cooper summarized the site plan to expand the master bedroom, add a screened porch and relocate the stairway leading to the main entrance. The additions will be placed on 12 pier-style footings. The activity will take place within the second 50-foot section of a wetland buffer zone. Mr. Cooper added that he is not filing a Notice of Intent because the existing dwelling and a stone wall act as a barricade to the wetland resource. He felt confident the activity would not have an impact on the resource area. All additions will add approximately 88 sq. ft. to the footprint and there are no changes being proposed for the septic system. Mr. Cooper further pointed out that if the
addition were moved out of the buffer zone it would block the neighbor’s view.
After brief discussion a motion was made for a negative determination. The motion was seconded and approved with five in favor and one opposed (Mr. Maloney).
RON MECHUR FOR ALLEN FLANDERS; RFD AP 26-30.1, 30.2: Mr. Flanders recused himself from the discussion because he is a relative of the owner. Mr. Mechur summarized the request to remove several willow trees, brush and some rocks that are in an isolated wetland. This will restore the field to a wet meadow and open the view. He added there are no rare or endangered plants in the area. He commented that a tractor would maintain the area after the initial clearing was finished. The Commission thought the removal of the willows might be allowed but the high brush and winterberry should remain. Mr. Maloney thought clearing and mowing an isolated wetland to improve a view should not be allowed. After further discussion a motion was made for a positive determination
requiring the applicant to file a Notice of Intent. The motion was seconded and approved with four in favor, one opposed (Mr. Maloney) and one abstention (Mr. Flanders).
REID SILVA FOR THE TOWN OF CHILMARK; NOI SE 12 – 561; AP 13-43; Middle Line Road Community Housing Program: Mr. Steves opened the public hearing at 2:20 PM. Ms. Goff recused herself as an abutter and left the room. Mr. Silva summarized the site plan to install underground utilities, improve the road to planning board specifications and install two of ten wells. Portions of the proposed activity take place in the buffer zone of a wetland. Mr. Silva pointed out that a new access road into the development is proposed to preserve Holman Road as a walking trail. He added that the DEP requires a stormwater management plan for subdivisions creating more than four lots. He said he will calculate and send the required data to the DEP. After brief discussion and
with no comments from the audience a motion was made to close the hearing at 2:28 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the condition that the DEP must accept a stormwater management plan before work begins. The standard conditions will also apply. The motion was seconded and unanimously approved with five in favor.
MV LAND BANK NOI SE 12 – 562; AP 7-25, 52: Mr. Steves read a request to continue the hearing to August 27 @ 5:30 PM to provide time to address the DEP comments on the application. A subsequent motion to continue the hearing to August 27 @ 5:30 PM was made, seconded and unanimously approved.
REID SILVA FOR KEN ISCOL, POINT INNER WAY REALTY TRUST; NOI SE 12 – 563; AP 33-100: Mr. Steves opened the public hearing at 2:45 PM. Mr. Silva summarized the plan to renovate and build a small addition to the existing dwelling plus install a 202 sq. ft. slate patio. The activity will take place in the buffer zone of a bordering vegetated wetland. The area to be disturbed currently has a brick patio and a manicured garden. Mr. Steves read the Site Review Committee report for the record that emphasized the impact the increased glass area facing the pond would have on the view from Quitsa Pond. Mr. Weisman added that the plans have been subsequently changed and only add about + 20 % to + 30 % glass area facing the pond. The plan reviewed by the
Site Review Committee had + 60% more glass area than the current structure. Mr. Weisman further proposed reducing the addition’s encroachment on the buffer zone to about two feet. He said the addition will have a deeper foundation for added storage space. Mr. Weisman added they would also like to remove a few invasive species and dead trees that are near the bank.
Ms. Goff read section 5.01 of the Town’s by-law regarding the conditions for granting a waiver. After discussion the Commission agreed an Order of Conditions could be issued if approved by the members. Mr. Silva added that his understanding of the Town’s by-law is that work in the buffer zone is not out right prohibited. It may be allowed if the applicant can convince the Commission the proposed activity will not have an adverse impact on the resources protected by the by-law.
After further discussion and with no additional comment from the audience a motion was made to close the hearing at 2:55 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as revised with the following special conditions: 1. A new site plan will be provided indicating the reduced footprint of the addition. 2. The Conservation Officer shall be on-site and supervise the requested pruning of the invasive species and dead trees. 3. The construction debris shall be stored in a covered container on a daily basis. 4. The standard conditions shall also apply. The motion was seconded and approved with five in favor and one opposed (Mr. Maloney).
ADMINISTRATION: The meeting minutes for July 16, 2008 were reviewed. A motion to approve the minutes as presented was made, seconded and approved with four in favor and two abstentions (Messrs. Steves and Flanders).
The Commission discussed and reached consensus to hold all future meetings @ 12:30 PM on the first and third Wednesdays of each month. The site visits for each meeting will take place eight days earlier (Tuesday) @ 8:00 am. This new schedule will commence with the September 3 meeting.
The following documents were signed and notarized as needed:
Determination of Applicability AP 33-154 Prosterman.
Determination of Applicability AP 26-30.1, 30.2 Flanders.
Order of Conditions SE 12 – 561; AP 13-43 Town of Chilmark.
Order of Conditions SE 12 – 559; AP 35-1.2 Honker & Sons LLC (do not distribute until receiving additional data).
Oder of Conditions SE 12 - 563; AP 33-100 Iscol.
Order of Conditions SE 12 – 560; AP 27.1-101 Bradford White.
With no further business to conduct the meeting adjourned at 3:20 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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