FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff Vice Chairman, Andrew Fischer, Virginia Dyer, Dick Smith, Rusty Walton and Chuck Hodgkinson. Caitlin Jones, Kris Horiuchi, Glenn Provost, Chris Alley, Patrick Lindsey, Reid Silva, Doug Cooper, Glenn Hearn, George Sourati, Tom Dellarocco and Jay Walsh also attended. Bruce Bartels was absent.
Mr. Steves opened the meeting at 12:30 PM. The site visits for today’s meeting took place on May 5.
RFD GEORGE SOURATI FOR JANE WACHSLER AP 26-1: Mr. Sourati summarized the Request for Determination of Applicability that asks the Commission to determine if an existing 2100 sq. ft. isolated wetland is within the jurisdiction of the Wetland Protection Act 310 10.02(1). Mr. Walton added that the area is less than ¼-acre and is subject to periodic flooding. He did not think the area holds water long enough for its classification as a vernal pool. Mr. Sourati outlined the proposed site plan for developing the property. After brief discussion a motion was made stating the wetland is not significant under the Wetland Protection Act but, is considered a significant wetland under he Town’s Wetland Protection Bylaws. The motion was seconded and approved with four in
favor and one opposed (Ms. Dyer).
RFD GEORGE SOURATI FOR JILL BERNSTEIN; AP 27.1-166: Mr. Sourati summarized the plan to upgrade the septic system that is located under an established lawn between the existing house and a coastal bank. After brief discussion a motion was made for a negative determination with the following special conditions: 1. The house will not be expanded in any way in the future. 2. The two cess pools will be removed from the site. 3. A silt fence shall be placed around the work area and approved by the Conservation Officer before work begins. The motion was seconded and unanimously approved.
RFD DOUG COOPER FOR MARIN STREET; AP 14-19.2: Mr. Cooper summarized the site plan and request to abandon the existing well and drill a new well with trenching to connect the new well with the existing water system. The new well and part of the trenching will be in the buffer zone of a bordering vegetated wetland. He added the work will take approximately two days to complete. After brief discussion a motion was made for a negative determination. The motion was seconded and unanimously approved.
GLENN HEARN FOR BLUE HERON PROPERTIES; NOI SE 12 – 576; AP 11-23.1: Mr. Steves opened the hearing at 12:52 PM for the application to construct and maintain a 16 foot long by 4 foot wide fixed boardwalk, a 16 foot long by 3 foot wide ramp and a floating pier that is 12 feet long by 8 feet wide. Eight support posts will be installed with low-water stops to secure the proposed extensions. These will be added to the permitted walkway and stairs that were installed over the shore line and into the cove that is close to where the Tiasquam River enters Tisbury Great Pond.
Mr. Steves also and read the letters received from the Division of Fisheries, the Chilmark Shellfish Constable and the NHESP for the record. Mr. Hearn commented that the there is a range of 1 foot to five feet of water depth at the proposed end of the pier – depending upon whether or not the pond is open or closed to the sea. He added that a grating will be used over the salt march that permits at least 50 percent light penetration. He also said that all materials will be pre-cut off site and floated into place. There will be no fueling of construction equipment in the resource area or buffer zone. The Commission commented that the proposed pier will be almost one half the total distance across the cove when the water level is low. The Commission discussed the correspondence
regarding potential habitat for shellfish. Mr. Hearn commented that he lives across the cove in West Tisbury and has never seen a shell in over 50 years. The Commission commented that the habitat has been slowly damaged through development over the years. The Commission added it is the applicant’s responsibility to prove to the Commission that the habitat will not support shellfish now or in the future.
The Commission discussed the Division of Fisheries concerns about dredging caused by outboard propellers and that there is other marine life in the pond – beyond shellfish. Section 2.07 of the Town’s Bylaws was read aloud for the record and to clarify that activity on land under a salt pond shall not have an adverse effect on marine fisheries. The Commission said the proposed construction and use is a threat to the land under the salt pond.
After much discussion and with no further comment from the audience a motion was made to close the hearing at 1:25 PM. The motion was seconded and unanimously approved. A subsequent motion was made to accept the boardwalk with grating that provides 50 percent light penetration over the salt marsh with the following special conditions:
1. Only the initial 16 feet of fixed pier and boardwalk are approved as shown on the site plan dated 2/8/09. While not shown on the plan, an additional 2 feet of length is approved to accommodate an estimate of two steps down from the fixed pier to the boardwalk. A maximum total of 18 additional feet from the end of the existing walkway platform is approved. The additional sections will supported and not rest on salt pond bottom at any time.
2. The additional proposed lengths of 16 feet of ramp and 12 feet of floating dock are not approved for the shellfish habitat reasons cited in the letter dated April 14, 2009 from the Division of Marine Fisheries (310 CMR 10.34) and the letter dated April 27, 2009 from the Chilmark Shellfish Constable.
3. Sections 1.02 and 2.07 of the Chilmark Wetland Protection Bylaws outline the following areas that are subject to protection: marsh, land subject to flooding by tidal action or pond opening and closing. Section 2.07 further protects land under salt ponds and land within 100 feet of the banks of salt ponds. The protection of habitat for marine fisheries, wildlife, wildlife habitat, the food web, habitat for various ducks and shore birds and any land within 100 feet of these areas is clearly outlined.
4. Sections 2.07 (3) and (4) of the Chilmark Wetland Protection Bylaws outline the reasons for the mitigated approval of only an additional 18 feet of pier and boardwalk.
5. 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under Massachusetts General Laws Chapter 131, Section 40, and Section 2.05 (4C) of the Chilmark Conservation Commission Rules & Regulations, promulgated under the Chilmark Wetlands Protection Bylaws, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on a bank, or on an eroding bank, at any time in the future to protect the project allowed by this Order of Conditions.
6. An on site meeting shall take place among the Conservation Officer and all contractors to review this Order before work begins.
7. The contact numbers for all contractors shall be given to the Conservation Officer before work begins.
8. The ongoing maintenance of the approved additions may take place in perpetuity provided the proposed maintenance plans are reviewed with the Conservation Officer or Commission before work begins.
The motion with conditions was seconded and approved with four in favor and one opposed (Ms. Dyer).
REID SILVA FOR SQUIBNOCKET FARM ASSOCIATES, INC. NOI SE 12 – 583; AP 35-1.30, 21: Mr. Steves opened the hearing at 1:29 PM. Mr. Silva summarized the proposal to repair and maintain a 150 sq. ft. section of eroded roadway surface by placing approximately 12 inches of hardener fill and resurfacing the area with cement-stabilization sand. They would also like to place several large stones along the edge of the roadway to prevent future vehicle-related erosion. The activity takes place in the Squibnocket Beach Parking Lot approximately 20 feet from the coastal bank across the roadway to the south and over 100 feet from Squibnocket Pond and the wetland to the north.
After brief discussion a motion was made to close the hearing at 1:33 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented provided there is no significant comment from the DEP. The area may be maintained indefinitely provided the maintenance plans are reviewed with the Conservation Officer or Commission before work begins. The motion was seconded and unanimously approved.
REID SILVA FOR GERTRUDE TAYLER; NOI SE 12 – 581; AP 33-26, 27, 28; Mr. Silva requested a continuance to May 20, 2009 @ 12:30 PM to allow more time to work on the presentation. A motion was made to accept the request. The motion was seconded and unanimously approved.
CHRIS ALLEY FOR 9 AZALEA NOMINEE TRUST; AMENDED ORDER OF CONDITIONS FOR SE 12 – 531; AP 29-8: Mr. Steves opened the hearing at 1:33 PM. Mr. Alley summarized some proposed changes to the approved plan for relocating the existing house farther away from the eroding cliff. The revisions involve eliminating 1662 sq. ft. of approved deck and the addition of 663 sq. ft. of interior living space by building a third, new detached structure. The activity is in the buffer zone of a shrub swamp but increases the separations from adjacent wetlands. He added the bedroom count (four) will not change. He also said the house will be raised, placed on wheels and moved down the existing 18-foot wide driveway to the new location. Approximately 12 feet of the existing brush (6 feet on each side of the driveway) will need to be pruned to a height of no more than 4 feet above grade to provide space for the 30-foot wide house to be moved down the driveway.
The Commission commented that it approved moving the existing two detached sections of the house into an “impossible wet space” and now the owner wants additional new construction approved in this sensitive area. The Commission pointed out this is why the proposed new garage was denied in the approved Order of Conditions issued approximately two years ago. The Commission further reminded the applicant that additional habitable space will place more pressure and have a more severe impact on the resource area than the originally approved decking. The Commission added that the proposed new structure is in the most sensitive, first 50-feet of the buffer zone.
After much discussion and with no comment from the audience a motion was made to close the hearing at 1:56 PM. The motion was seconded and unanimously approved. A subsequent motion was made to deny the proposed amendment to the approved plan. The motion was seconded. The Commission commented that it approved the relocation of the existing two structures to this sensitive area because of the hardship caused by the rapidly eroding cliff. The proposed new construction for additional living space is not a hardship. The motion to deny the amendment was unanimously approved.
REID SILVA FOR SWORDFISH ENTERPRISES NOI SE 12 – 582; AP 20-8: Mr. Silva requested a continuance to May 20, 2009 @ 12:40 PM to provide more time to work on the proposal. A motion was made to accept the request. It was seconded and unanimously approved.
GLENN PROVOST FOR GRIN ACRES FAMILY, LP; NOI SE 12 - 584; AP 21-13: Mr. Steves opened the hearing at 2:02 PM. Mr. Provost summarized a plan to excavate a small area for a house foundation. The foundation and planned new house are outside the resource area and buffer zone. A portion of the required foundation excavation will be located approximately 96 feet from a wetland edge. They would also like to construct a walking path that is approximately 70 feet from a wetland edge and install a retaining wall that is about 65 feet from a wetland edge. An area will be re-contoured and planted with a lawn, garden areas, meadow, native shrubs and groundcover. The closest edge of this work will be approximately 30 feet from a wetland edge. He
added that silt fences will be placed on the downhill side of the driveway until all vegetation is established.
After brief discussion a motion was made to close the hearing at 2:20 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following special conditions: 1. The DEP has no significant comment on the plan. 2. Silt fencing will also be placed in the proposed building materials stockpile area during construction. The motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE NOI SE 12 – 201; AP 7-10.2; TEA LANE NURSERY 1993 ORDER OF CONDITIONS: Mr. Walton summarized this Order of Conditions that was issued to reclaim topsoil for agricultural use & stabilization of existing storage areas for Nursery use. He added that the work has been successfully completed. A motion was made to accept the recommendation of the Conservation Officer and grant the Certificate of Compliance. The motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE NOI SE 12 – 568; AP 2-3 JEROME & CAROL KENNEY: Mr. Walton summarized this Order of Conditions that was issued to upgrade the septic system at 45 Beach Road. He added that the work has been successfully completed. A motion was made to accept the recommendation of the Conservation Officer and grant the Certificate of Compliance. The motion was seconded and unanimously approved.
RUSTY WALTON UPDATES: Mr. Walton updated the Commission on the progress of the Berger re-vegetation plan; SE 12 – 564; AP 27-15.1, 15.2 and the amended planting list for Area III.
ADMINISTRATION: The meeting minutes for April 15, 2009 were reviewed. A motion was made to approve the minutes as presented. The motion was seconded and passed.
Chuck H. shared the Planning Board’s request for a member of the Commission to sit on the North Tabor Farm Committee to oversee the subdivision’s farming and land use agreement. Ms. Goff volunteered to sit on this committee.
Kay Matschullat NOI SE 12 – 575; AP 26-28; Chuck H. Summarized this Order of Conditions and how the Commission did not allow the proposed pruning on the neighbor’s property until a letter of consent was provided from Mr. Chinoy, the owner of AP 26-29. He added that Mr. Chinoy has provided a letter of consent to the pruning. The Commission agreed to allow the work on Mr. Chinoy’s property to proceed and instructed Chuck H. to inform the applicant, Mr. Sourati.
The following documents were signed and notarized as needed:
Order of Conditions: Rick Karney SE 12 – 580; Land under ocean.
Determination of Applicability: Wachsler AP 26-1.
Determination of Applicability: Bernstein AP 27.1-166.
Determination of Applicability: Street AP 14-19.2.
Order of Conditions: Blue Heron Properties SE 12 – 576; AP 11-23.1.
Order of Conditions: Squibnocket Farm Assoc. SE 12 – 583; AP 35-1.30, 21.
Amended Order of Conditions Denial: 9 Azalea Nominee Trust SE 12 – 531; AP 29-8.
Order of Conditions: Grin Acres Family LP SE 12 – 584; AP 21-13 (if voted)
Certificate of Compliance: Tea Lane Nursery SE 12 – 201; AP 7-10.2.
Certificate of Compliance: Kenney SE 12 – 568; AP 2-3.
With no further business to conduct the meeting adjourned at 2:40 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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