FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Vice Chairman, Dick Smith, Sandy Broyard, Andrew Fischer, Caitlin Jones, Virginia Dyer, Bruce Bartels, Rusty Walton and Chuck Hodgkinson. Also attending were Chris Alley, John Garrahan, David Handlin, Debbie Hancock, Edward Marshall (with Stephen Stimson landscape architects), Everett Poole, Donald Poole, Billy Meegan, Doug and Carla Cooper, Jill Hobby Wapior, Callie Silva and Gary Maynard. 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 March 2.
JON FRAGOSA FOR SCHEUER FAMILY PROPERTIES, LLC; NOI SE 12 – 600; AP 33-5; 267 State Road: Ms. Goff opened the public hearing at 12:30 PM. The Commission discussed the plan to prune a weeping willow tree; remove a broken leader of a Black Willow tree and prune a Black Willow grove to improve the view of Menemsha Pond and the health of the vegetation. A small path will be cut to remove the brush from the site. The vegetation pruning will take place in a bordering vegetated wetland. No plants or root systems will be removed. All work will be done by hand and chain saws. After brief discussion about the site visit and with no
comment from the audience a motion was made to close the hearing at 12:35. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following conditions: 1. The brush will be removed from the site daily. 2. There is no significant comment from the NHESP (the report states the work is not considered a taking). 3. The maintenance of the pruning is permitted in perpetuity provided the contractor reviews the proposed maintenance work with the Conservation Officer or the Commission before work begins. The motion was seconded and unanimously approved.
CHRIS ALLEY FOR JAMES HARRISON NOI SE 12 – 599; AP 33-114; 18 Point Inner Way: Ms. Goff opened the continued public hearing at 12:40 PM. Mr. Handlin reviewed the history of this re-development plan and presented a simulated view of the proposed dwellings from a 600 foot distance in Quitsa Pond. He commented that the site has been “touched” by other projects. It is not wild, natural terrain.
Mr. Alley outlined the resource areas and buffer zones that are within the jurisdiction of the Act and Town’s Bylaws. He added the fast, de-nitrifying septic system plan will be heard by the Board of Health on March 3. The barn was allowed to have a water faucet but no waste.
Mr. Marshall commented the current mowed area is 2.1-acres, the driveway and parking area are paved, the current septic has failed and the plan calls for removing the Norway maple trees on the slope to the fresh water pond. The stumps will be ground. The majority of the bamboo thicket on the fresh water pond shore will be reduced and replaced with mowed native grass to the pond shore. The number of terraces has been reduced from the February 17th plan, the pier and walkway to the pier have been eliminated and the built-in swimming pool is removed from the plan. The driveway will be water pervious; certain currently mowed areas near the top of the bank and near the fresh water pond will be replaced with native grass and brush. The area next to the pond edge will grow back. The
stone walls will be sited to define the fescue mowed and managed areas and the native areas that will be untouched. The new driveway and parking area will be water pervious. Storm water runoff will be channeled to dry wells. Overall, the current 2.1-acres of mowed area will be reduced to 0.75-acres. The native buffer area will be increased along the bank of the salt pond.
The Commission asked if all of the four connected buildings will have basement foundations. They will. The dark green roof areas between buildings will be enclosed connected spaces with basement foundations. The Commission asked for the total gross area of the footprint for all structures and disturbed areas. The current area for the house, driveway and parking lot is approximately 5300 sq. ft. The plan area is approximately 12,500 sq. ft. – 8000 sq. ft. for the connected buildings; the driveway, parking, barn, play court are approximately 4500 sq. ft.
Doug Cooper distributed a wildlife survey report and explained it is a snapshot assessment of the property. While wildlife may not be visible he searched for wildlife evidence or habitat that would support wildlife.
Ms. Goff read three letters for the record – Gary Maynard, Caleb Nicholson and the Wampanoag Tribe. Mr. Alley added he met with Mr. Jardin of the Tribe and the applicant has agreed to perform an archaeological survey when the time is appropriate. Mr. Maynard, while not the contractor, outlined his methods, proposed limit of work and how he would contain debris, remove fill from the site and the possible locations for materials staging areas.
Abutter Everett Poole distributed pictures of standing water in the proposed location for the de-nitrifying septic system and suggested the location merits further study. He added the green roof top vegetation will be invasive and asked how that will be contained. Mr. Marshall said the roof top vegetation will not choke out the native species – as done by the bamboo. Mr. Poole also commented that the neighbors just finished rebuilding Point Inner Way to repair damage caused by construction vehicles. This is a small roadway that is not designed to handle the construction vehicles needed for this project.
Abutter Donald Poole added that just because there are existing large ugly houses in the neighborhood it is not a reason to build more of them.
With no further comment from the applicant or audience a motion was made to close the hearing at 1:48 PM. The motion was seconded and unanimously approved. Ms. Goff opened the discussion to the Commission and read Section 2.2 of the Town Bylaws that outline the values of the salt pond bank and added there are other interests of the Bylaws that are at risk such as wildlife habitat, historical views, natural vistas, ground water drainage and flow among others. Section 2.13 (3) further explains that no activity other than the maintenance of existing structures is allowed in buffer zones.
The Commission concluded it has given this application a great deal of thought and added if this were an undeveloped lot, no house construction would be allowed in the buffer zones as outlined in the Town Bylaws. Since there is a pre-existing building, a denial would not constitute a taking because things may continue as they are. The cumulative plan as proposed is detrimental to the resource areas and their protected interests because of the extensive activity in the buffer zones -- as outlined in Section 2.05 of the Town Bylaws.
With no further comment among the Commissioners a motion was made to deny the Order of Conditions. The motion was seconded. Discussion summarized the scope of the project as presented. The project is detrimental to the interests of the resources with particular risk to wildlife habitat, ground and sub-surface water flow and its impact on the riverfront area, bordering vegetated wetlands, coastal salt pond and fresh water pond. The activity in the buffer zones is too extensive to protect the interests of the resources outlined in the Town Bylaws. Overall, the plan replaces earth with basements. The current use of the property with its mowed meadows supports the present wildlife habitat whereas the proposed development would be detrimental to the interests of this habitat and resource. The motion passed with six in favor and one abstention (Mr. Bartels).
ADMINISTRATION:
The February 17, 2010 meeting minutes were reviewed and adopted as presented.
The Order of Conditions for Scheuer SE 12 – 600; AP 33-5 was signed.
With no further business to conduct the meeting adjourned at 2:10 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
| 
