FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Vice Chairman, Bruce Bartels, Dick Smith, Sandy Broyard, Caitlin Jones, Andrew Fischer, Virginia Dyer, Rusty Walton and Chuck Hodgkinson. Also attending were Glenn Provost, Jonathan Bernstein, Rick Karney, Isaiah Scheffer, Natalie Conroy and Don Monroe (Coastal Engineering). Richard Steves was absent.
Ms. Goff opened the meeting at 12:30 PM as acting Chairman. Caitlin Jones was appointed a voting member for the day’s agenda. The site visits for today’s meeting took place on January 5.
JONATHAN BERNSTEIN RFD AP 27.1-166: The Commission discussed its earlier site visit and Mr. Bernstein’s request to install a new retaining wall before installing an upgraded Title V septic sysytem. The existing retaining wall will be knocked down and covered with fill. A new retaining wall made of railroad ties will be installed approximately 16 feet from the north lot line. The top of the new retaining wall will be the same height as the existing lawn--approximately 27 feet above sea level. Six steps will be installed from the top of the retaining wall to grade level north of the new retaining wall. The bottom of the steps will be approximately ten feet from the north lot line. The activity will take place approximately 75 feet from the edge of an
isolated wetland. The following outlines the construction methods and procedures: 1. The silt fencing with hay bales will be installed before any work begins. 2. The new retaining wall will be installed before any demolition, digging or earth moving takes place. 3. A mini- excavator will be used for earth moving. 4. The spoils from the new septic system leaching field will be placed behind the new retaining wall and used as fill to the grade level of the existing lawn. Top soil will be added on top of the fill and the existing grass lawn will be expanded to the new retaining wall. After brief discussion a motion was made for a negative determination with the condition the work will be done as outlined and the silt fencing will be installed before work begins. The motion was seconded and unbanimously approved.
ROY OKUROWSKI FOR NATALIE CONROY NOI SE 12 – 597; AP 33-33: Ms. Goff opened the hearing at 12:35 PM. Don Monroe of Coastal Engineering introduced himself and explained that this application is an “after the fact” filing as specified in the Emergency Certification approval that was issued by the Commission on November 17, 2009. The coastal bank was stabilized from storm erosion by installing C900 coir matting and fiber rolls which was planted with Native American beach grass. Some minor grading on the bank was necessary to install the matting and fiber rolls. He added that bank stabilization was also done by adding local sediment and they plan to plant the remainder of the beach grass plugs in the bank and Rosa Rugosa on the top of the
bank this April. He explained the sediment was dumped over the bank and spread by hand. The coir matting is underneath the sand sediment.
The Commission commented that the Notice of Intent did indicate a plan to add material to the bank and that the sediment appears to be construction sand. They asked if the added sediment was a different size than the natural sand on the bank. Ms. Goff read Section 2.05 of the Town Bylaw for coastal banks and how the importance and value of the banks is the sediment. Mr. Monroe explained the additional sediment was locally obtained from Goodale’s. The Commission explained it was not expecting a beach nourishment project. It did not think the project was an immediate emergency but, allowed it as outlined but, without the proposed additional cobble sediment. The addition of sediment was outside the scope of the Emergency Order that was issued and the Notice of Intent application. After discussion Mr. Monroe agreed the work performed was outside the limits of the application and further agreed to provide a detailed plan for the spring planting as well as a plan to replant the
path that was cut to the bank to dump the sediment. He added Mike Flannigan of Patrice Landscaping is the landscaper and after the planting is completed the rebar and 2” X 12” planking will be removed from the bank.
With no further comment, a motion was made to close the hearing at 1:00 PM. The motion was seconded and unanimously approved. A subsequent motion was made to issue the Order of Conditions with the following special conditions: 1. A detailed spring planting plan will be provided to the Commission before work begins. 2. A detailed description of the DEP guidelines for coastal bank nourishment will be provided with an explanation of how the sediment and nourishment will meet or exceed the state guidelines. 3. If applicable, the no revetment clause will be added to the special conditions. The motion was seconded and unanimously approved.
CERTIFICATE OF COMPLIANCE SE 12 – 580; MUSSEL AQUACULTURE TOWN OF CHILMARK AND THE MV SHELLFISH GROUP: Mr. Karney presented a photo essay that outlined each step of the mussel aquaculture gear installation in Vineyard and Rhode Island Sounds. He also provided the Lat. and Lon. coordinates for each test long line. He added that the Division of Fisheries has approved the Chilmark sites and have issued an experimental permit for the site off Noman’s Land Island. After brief discussion the Commission complimented Mr. Karney on his work. A motion was made to issue the Certificate of Compliance with the ongoing conditions as outlined in the Order of Conditions: 1. All gear used in the project at the time of deployment shall be new, dry and free of non-native species.
This condition will also apply to additional long lines as they are added to the zone. To the extent possible all gear, long lines and anchors shall be labeled so as to be identifiable in the event they break loose. 2. The Army Corps of Engineers (ACOE) maintenance and operations plan and procedures shall be followed for the test and rollout of the program. Ongoing inspection and operations reports shall be issued as required by the ACOE for the test and rollout programs. Copies of these reports shall be given to the Commission. 3. On going maintenance of the gear and equipment without further approval of the Commission is permitted provided that this does not result in the enlargement or change in the design of the project. 4. A report of the test results indicating the impact of the program -- if any --on the resource areas (water quality, fisheries of whales or sea turtles and land under the ocean) shall be given to the commission before
rollout of the program. The motion was seconded and unanimously approved.
DISCUSSION GLENN PROVOST; SE 12 – 551; PACER NOMINEE TRUST; AP 35-1.15: Mr. Provost summarized the approved site plan for developing this parcel and read a letter dated January 5, 2010 explaining how the new owners would like to make some minor revisions. He added there will be one less structure, the studio will be moved into the main house and there will be no activity closer to the wetland edges. He pointed out the changes with a red marker on the approved site plan dated 11/20/09. After brief discussion a motion was made to approve the changes as outlined and declare them as inconsequential to the plan approved with the Order of Conditions. The motion was seconded and uanimosuly approved.
ADMINISTRATION: The December 16, 2009 meeting minutes were reviewed. A motion was made to approve the minutes as presented. The motion was seconded and unanimously approved.
The draft 2009 Annual Report was reviewed and unanimously approved.
The following documents were signed and notarized as required:
Certificate of Compliance: Town of Chilmark MV Shellfish Group SE 12 – 580.
Order of Conditions: Conroy SE 12 – 597; AP 33-33.
Determination of Applicability: Bernstein; AP 27.1-166.
With no further business to conduct the meeting adjourned at 1:42 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S
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