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Conservation Commission Minutes 04/07/2010
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Sandy Broyard, Bruce Bartels, Dick Smith, Virginia Dyer, Rusty Walton and Chuck Hodgkinson.  Caitlin Jones arrived at 12:50 PM.  Also attending were Peter Norris, Matt Flanders, Melissa Thomas, Elizabeth Zachos, John Garrahan, Jill Napier, Ed Marshall, Chris Alley, Deb Hancock, James Ferry, Ginny Jones, Donald Poole, Everett Poole and Callie Silva.  Richard Steves and Andrew Fischer were absent.

Ms. Goff opened the meeting at 12:30 PM.  The site visits for today’s meeting took place on April 6.  

CERTIFICATE OF COMPLIANCE JEAN YOUNG; SE 12 – 598; AP 29-22:  Chuck H. informed the Commission that John Maloney finished installing the walkway and stone stairs to Chilmark Pond.  He commented the path looks fine and the work was done as Ordered.  A motion was made to accept the report and approve the Certificate of Compliance with the ongoing condition that the pathway may be maintained in perpetuity provided the contractor informs the Commission before work is done.  The motion was seconded and unanimously approved.  

MATT FLANDERS FOR ELAINE FINBURY NOI SE 12 – 603; AP 27.1-26;            2 Marsh Road:  Ms. Goff opened the public hearing at 12:40 PM.  Matt Flanders summarized the plan to prune the existing vegetation to the west of the newly-built house to reclaim the view of Menemsha Pond.  This pruning will take place in a bordering vegetated wetland that drains into the coastal salt pond.  The vegetation border on the north side of the house will have damaged beetlebung saplings removed, sumac removed and Clethera alnifolia (Summersweet) and Highbush blueberry planted to fill in the area.  The area to the east of the house will be re-planted by Seascape Designs with a wild flower garden.  The applicant requests an on-going condition be granted for perpetual view and garden maintenance as all of the work is in wetlands or wetland buffer zones—provided the contractor reviews the maintenance plan with the Conservation Officer or Commission before maintenance work begins.

The Commission asked and the applicant agreed the pruning in Area 6 will be done selectively to open the pond view and create a small path to remove the debris.  The Commission pointed out the values of this resource area and expressed its concern that the plant life will be damaged because of the disturbance caused by the workers pruning the brush.

Melissa Thomas of Seascape Designs reviewed a revised plant list dated 3/13/10 for the wild flower garden and agreed the cleared area behind the back deck that faces the pond will not be seeded and mowed only once per year in the fall.

With no further comment from the audience a motion was made to close the hearing at 12:52 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plans dated 1/28/10 and 4/22/05 and the revised planting list dated 3/13/10 with the following conditions:  1. The pruning of the vegetation in the wetland to open the pond view will be done selectively and only as needed.  The area will not be uniformly topped.  2.  All work will be done by hand.  3.  Highbush blueberry will be added to the planting in Area 5.  4.  This work may be maintained in perpetuity provided the contractor reviews the maintenance plans and methods with the Commission or Conservation Officer before work begins.  5.  There will be no underground storage of fossil fuels.  The motion was seconded and unanimously approved with five in favor.

PETER NORRIS NOI SE 12 – 602; AP 8-59; 19 Blueberry Ridge Lane:  Ms. Goff opened the public hearing at 12:55 PM.  Mr. Bartels recused himself from the hearing as an abutting neighbor.  Alternate Commissioner Caitlin Jones was appointed a voting member for this hearing.  The Commission discussed its observations made at the site visit and how extensively the wetland has been altered.  It further pointed out the wetland edge delineation differences between the site plans dated 1992 and 2000.  The Commissioners commented the cumulative improvements have changed the topography of the area and recommended the wooden board acting as a dam on the brook be added to the scope of this application.

After discussion the Commission recommended that Mr. Norris have the wetland edge delineation updated and re-plotted on a site plan by a certified surveyor before continuing with the discussion.  Mr. Norris agreed and requested a continuance to May 5, 2010       @ 12:30 PM to provide time to have the requested work completed.  A motion was made to accept the request and continue the hearing to May 5, 2010 @ 12:30 PM.  The motion was seconded and unanimously approved.    

HARRISON NOI SE 12 – 604; AP 33-114; 18 Point Inner Way:   Ms. Goff opened the public hearing at 1:05 PM.  Mr. Alley presented the revised site plan and outlined the specific areas of interest that will be affected by each activity.  He added that he plans to meet with the Board of Health @ 5:00 PM to discuss the Commission’s suggestion to change the existing approved Title V septic system and location to the F.A.S.T.                de-nitrifying system septic system that is proposed in the second 100-foot section of the 200-foot riverfront area.  If this is approved by the Board of Health the proposed new water well will not be needed.  

The overall project description as submitted with the Notice of Intent is as follows:  Demolish the existing two-story dwelling, construct a replacement one-story dwelling that will have a basement foundation and a larger footprint to accommodate the second-story living space of the current structure; drill a new well and water line; abandon the approved plan to install a Title V septic system and remove the existing paved driveway and parking area.  All of this work is within the 100-foot buffer zone of the Quitsa Pond bank.  Additional native vegetation will be planted along the Quitsa Pond bank to increase the natural buffer and separation from the maintained yard areas.  A new water-pervious driveway and parking area is proposed in a wetland buffer zone and within the second 100-foot section of the 200-foot riverfront area.  A F.A.S.T. de-nitrifying septic system that is approximately 275 feet from the Quitsa Pond bank, a new barn with a 1,600 sq. ft. footprint and a portion of the new driveway are also proposed and located in the in the second 100-foot section of the 200-foot riverfront area.  Water runoff containment and drainage systems are proposed for the structures and around the existing tennis court -- that happens to be in the riverfront area.  A section of the bamboo stand on the fresh-water pond edge will be removed, re-vegetated and maintained.  Approximately 15,000 sq. ft. of native woody vegetation will be planted to increase the native buffer along the fresh water pond edge and adjoining wetland.

The Commission pointed out the parking area is approximately 275 feet from the new house and asked if the owners plan to walk to the house when it’s raining.  Mr. Marshall from Stimson Associates said a structural soil base can be installed from the parking area to the house that will accept grass planting and support the weight of cars for deliveries during inclement weather.  A porous paver with gravel will be used for the new driveway and parking area.

The Commission asked how the new septic system will be protected during construction.  Mr. Alley outlined that if the house is rented this summer a temporary 1500 gallon septic tank can be installed and pumped out between renters.  This would then be removed during construction and the new system would be installed.

Everett Poole and Ginny Jones both asked if the proposed planting stock will be native to the island and island grown, asked about fertilizers and pointed out this is a very sensitive area.  Mr. Marshall said all plantings will be native species and that island grown stock will be used as much as possible and available.  The Commission agreed and added if approved, the fertilizers can be controlled with special conditions.

The Commission asked if bedrooms are planned for the barn.  Mr. Alley said the barn is intended to store a boat and jet skis.

With no further comment from the audience a motion was made to close the hearing at 2:00 PM.  The motion was seconded and unanimously approved.  The Commission commented that the applicant has come a long way to satisfy its concerns with this revised plan.  A subsequent motion was made to approve the plan as presented with the following special conditions:

1.      The site plan dated April 7, 2010 is approved as presented.
2.      The F.A.S.T. de-nitrifying septic system with the reduced leaching field as located on the site plan must be approved by the Board of Health before executing the work covered in this Order of Conditions.  If this system is approved, a new water well will not be needed.  
3.      The applicant will return to the Commission to review and obtain final approval of the following before any work begins:  the detailed re-landscaping plan for the entire property; the drainage systems for roof water runoff; the drainage system for tennis court water runoff; the driveway, parking area and proposed grass driveway from the parking area to the house; the plan for removing the bamboo stand near the pond and the ongoing maintenance plan for the same; the landscape installation schedule and ongoing maintenance and mowing schedule for the entire property.
4.      No fertilizers, herbicides, fungicides or other plant nutrition additives may be used on the property.
5.      Only native island species of vegetation will be used in the landscape plan.  Island-grown stock will be used as much as possible.
6.      There will be no bedrooms in the proposed barn.
7.      There will be an ongoing condition for the Certificate of Compliance that allows the Commission to inspect the landscaping and its maintenance at any time in the future.
8.      Before a building permit is obtained the chosen construction contractor will meet with the Commission to review and approve:   a specific construction schedule and how it relates to local wildlife migration patterns; a specific plan of construction methods, machinery, materials staging, site management and erosion control measures.
9.      All contractors or subcontractors will meet with the Conservation Officer or a representative on site before work begins to review this Order.  The contact numbers for all contractors or subcontractors will be provided at this time.
10.     A copy of this Order shall be available on site at all times during construction.
11.     There will be no underground storage of fossil fuels.

The motion was seconded and with no discussion approved with five votes in favor and one abstention (Ms. Dyer).
ADMINISTRATION:  

The March 17, 2010 meeting minutes were reviewed.  A motion was made to approve the minutes as presented.  The motion was seconded and unanimously approved.

The following were signed:

Order of Conditions for Finbury SE 12 – 603; AP 27.1-26.
Order of Conditions for Harrison SE 12 – 604; AP 33-114.
Certificate of Compliance for Young SE 12 – 598; AP 29-22.

With no further business to conduct the meeting adjourned at 2:15 PM.  

Respectfully submitted by Chuck Hodgkinson, C.A.S.