FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff Vice Chairman, Bruce Bartels, Andrew Fischer, Dick Smith, Rusty Walton and Chuck Hodgkinson. Caitlin Jones, Alan Porter, Jackie Mendez-Diez, Clark Myers, Joe Tierney, and Reid Silva also attended. Virginia Dyer was absent.
Mr. Steves opened the meeting at 12:30 PM. The site visits for today’s meeting took place on May 19.
JOE TIERNEY FOR CHRISTIAN HALBY; RFD AP 24-4: Mr. Tierney summarized the plan to install granite steps along an existing walkway and re-vegetate the work area as needed. The activity will take place within the 100-foot buffer zone of a bordering vegetated wetland. After brief discussion a motion was made for a negative determination. The motion was seconded and unanimously approved.
CLARK MYERS FOR STONEWALL ROAD REALTY TRUST; RFD AP 32-49: Mr. Myers summarized the plan to perform light landscaping work and seeding of native meadow grasses around disturbed ground caused by the installation of an upgraded septic system. There will be screening along State Rd., along the driveway from Stonewall Rd. and some small garden beds around the existing dwelling. A portion of the work is approximately 60 feet from a potential vernal pool located on a neighboring property.
The Commission discussed the site visit and agreed the pond is not a vernal pool because the standing water is not present for a long enough time to become potential breeding habitat. The silt fencing is already installed. After brief discussion a motion was made for a negative determination. The motion was seconded and unanimously approved.
REID SILVA FOR GERTRUDE TAYLOR; NOI SE 12 – 581; AP 33-26, 27, 28; Mr. Steves opened the hearing at 12:40 PM. Mr. Silva summarized the plan to install and maintain a new septic system. The upgrade will include a new septic tank, pump chamber, hydraulic unit and a drip dispersal field. The septic system will be within the buffer zone of a bordering vegetated wetland and parts will be within 100 feet of Stonewall Pond. After brief discussion a motion was made to close the hearing at 12:45 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the condition that the silt fencing shall be installed as shown on the site plan and approved by the Conservation Officer before work
begins. The motion was seconded and unanimously approved.
REID SILVA FOR SWORDFISH ENTERPRISES NOI SE 12 – 582; AP 20-8: Mr. Steves opened the hearing at 12:46 PM. Mr. Silva summarized a revised proposal to remove and replace a shed that is close to the edge of Menemsha Inn Road. The footprint of the new shed will match that of the original structure. It will be placed on a sono-tube foundation. The location is within the second 50-foot section of a wetland buffer zone. After discussion a motion was made to close the hearing at 12:50PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised plan as shown on the site plan dated 5/20/09 with the following conditions: 1. The new shed may not expand the current foot
print. 2. The new shed will have no habitable space or septic system. The motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE MALKIN NOI SE 12 – 557; AP 25-125: Mr. Walton summarized this Order of Conditions that was issued for a 3’ X 5’ platform, a 7-tread stairway that was attached to a 4’ X 30’ raised walkway leading to Chilmark Pond. The work took place on the coastal bank and wetland area leading to the pond’s edge. He further recommended approving the Certificate of Compliance. 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.
MATTHEW LICHTENBERG & LEONARD BLUM, TRUSTEES; # 23 THE AERIE; AP 20-53: The Commission discussed the unpermitted violations that were witnessed at yesterday’s site visit including: 1. Installing a portion of a stone wall within the 100-foot buffer zone of a wetland. 2. Driving and parking heavy construction vehicles and equipment across a wetland and in the buffer zone causing significant disturbance of the resource area. 3. Building a wetland crossing of loose boards and stones. The Commission discussed at length the nature of the violations and the fact that this type of activity has happened repeatedly on this property. Several neighbors attended the meeting and commented on the continued activity and asked the Commission to use its authority to
protect the resource now and in the future. The Commission considered the stone wall that is approximately 90 feet from the wetland edge and decided removing a section of the wall would probably cause more damage to the buffer zone than leaving it in place. After much discussion a motion was made to have the Conservation Officer immediately issue an Enforcement Order with the following directives:
1. A complete restoration and re-vegetation plan shall be submitted for the wetland and buffer zone areas described for approval by the Commission. The vegetation shall be native species and of the types that are tall enough to preclude any further driving, crossing or disturbance of the wetland resource.
2. This plan shall be delivered to Chilmark Town Hall ATT: Chilmark Conservation Commission as soon as possible and no later than Wednesday, June 3, 2009 @ 12:30 PM.
3. Since this site has a history of violations a daily fine of $300 shall be levied starting May 22, 2009 under Chilmark Wetland Protection Bylaw Sections 6.01 – 6.09. This daily fine shall remain in effect until a plan is submitted as outlined in directive # 1.
4. The boards and stones that were installed in the wetland and buffer zone shall be removed immediately.
5. All machinery and construction equipment shall be immediately removed from the wetland resource areas and buffer zones.
6. Snow fencing shall be immediately installed on both sides of the wetland area where the boards and stones were installed and crossed by the heavy machinery and equipment. This snow fencing will prohibit any further crossing or disturbances of the resource areas. The motion with directives was seconded and unanimously approved.
ADMINISTRATION: The review of the May 6th meeting minutes was deferred to the June 3 meeting.
Chuck H. briefed the Commission on the Selectmen’s request for its opinion on two issues. The following outlines the Commission’s responses and recommendations:
1. Where should the spoils from Menemsha Basin dredging be placed?~ The Commission recommends putting the dredging spoils behind the Menemsha Comfort Station – as done in past years.
2. Home Port public access for canoes and kayaks:~ If the Town reaches an agreement with the Nixon’s that allows seasonal public access to Menemsha Creek and Pond from the small parcel of land next to the fixed pier, what is the Commission’s opinion on the following:
a. Does the Commission support this use and will it have a detrimental impact on the resource area that is within its jurisdiction?~ The Commission does not think this is an ideal location because of limited parking space and public safety reasons.~ The tidal current is quite swift and may be a significant challenge for a novice.~ Additionally, the Commission does not recommend this use because it will have an intense impact the salt marsh.
b. If the Town decides to move forward with this proposal the Commission recommends constructing an elevated walkway over the salt marsh with a grating as the walkway platform that allows at least 50 percent light penetration for the salt marsh vegetation.~ The Land Bank uses this type of walkway at Ice House Pond in West Tisbury.~ It further asks if it would be possible to only use this as a landing spot – and not use this as a canoe or kayak launching location because of the safety concerns outlined above.
The following documents were signed and notarized as needed:
Order of Conditions: Taylor SE 12 – 581; AP 33-26, 27, 28.
Order of Conditions: Swordfish SE 12 – 582; AP 20-8.
Determination of Applicability: Halby AP 24-4.
Determination of Applicability: Stonewall Rd. RE Trust AP 32-49.
Certificate of Compliance: Malkin SE 12 – 557; AP 25-125.
With no further business to conduct the meeting adjourned at 1:43 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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