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Conservation Commission Minutes 05/19/10
FINAL
Present for the Conservation Commission and attending the meeting were:  Richard Steves, Pam Goff, Bruce Bartels, Sandy Broyard, Andrew Fischer, Caitlin Jones, Dick Smith, Virginia Dyer, Donald Poole and Chuck Hodgkinson.  Also attending were Chris Alley, Debbie Hancock, Glenn Provost, Reid Silva, Jay Walsh, Carol Magee,                     Bettina Washington and Zach Wiesner.  Rusty Walton was absent.

The meeting came to order at 12:30 PM.  The site visits for today’s agenda took place on May 18.  The Commission welcomed Donald Poole as an Alternate Commissioner and thanked him for volunteering his time.    

REID SILVA FOR VINEYARD OPEN LAND FOUNDATION (VOLF); NOI       SE 12 – 606; AP 35-1.30:  Mr. Steves opened the public hearing at 12:30 PM and read the comments from the DEP on the application to construct a 175-foot long stone revetment to prevent recurring erosions and washouts.  This revetment will begin at the end of the existing revetment at the Squibnocket Beach parking lot and proceed southwest along the base of the coastal bank.  Jetty-sized stones weighing over two tons each will be placed by heavy excavating equipment.  This revetment is needed to further protect the ancient access way leading to the existing homes and lots on Squibnocket Ridge.  It is the sole access to potentially 16 homeowners and conservation land.

Mr. Provost said for the record he is the Treasurer for the VOLF and proceeded to summarize the site plan dated 4/9/10.  He added the goal is to protect the roadway from erosion and not wait for it to be washed out which would make cause for an Emergency Order.  He read a letter from Bettina Washington of the Wampanoag Tribe for the record.  It expressed the Tribe’s support for project because the revetment will also protect ancient burial grounds and cultural resources.

Mr. Silva outlined the methods and materials that will be used.  Geo fabric will be placed behind the stones and a two-foot trench will be dug for the base stones.  The stones will weigh between 2 to 3 tons each and the revetment’s height will be the same as the existing parking lot revetment – about six feet above the beach.  If approved the work would be done in the fall.  The Commission discussed the geology and aspect of the east versus the west end of the existing revetment and asked why a soft solution is not proposed as recommended by the DEP.  Mr. Provost said soft revetments have been tried in the past in this area and explained they have failed because of the aggressive wave action and erosion conditions.

The Commission further inquired as to a long term plan.  Specifically, what is the plan for the road when it washes out?  The Commission cannot approve a revetment along the entire coastal bank.  Mr. Provost responded it is hard to predict the long term outcome and added a bridge of some sort might be needed in the future.

After discussion and with no further comment from the audience a motion was made to close the hearing at 12:55 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following comments and conditions:  1. This is being approved because the revetment is needed to protect an emergency access roadway.  2.  The 175 ft. revetment is not significant for beach nourishment because of the sediment size, the specific aspect of this section of shoreline and the visual height of the revetment is only six feet.  3.  The applicant will return to the Commission to review a mutually agreed planting plan before work begins.  4.  An on-site meeting shall take place among a Commission representative and all contractors before work begins.  The motion was seconded and unanimously approved.

LAURIE DIETZ RFD AP 27-15.2, 15.3; 42 Peases Point Way:  In Ms. Dietz’s absence Chuck H. summarized the request to 1.  Remove invasive brambles and dead wood which are imposing on a 50-year old daffodil flower bed that is in the buffer zone of a fresh water pond.  2.  Relocate eight bushes that were recently planted on Lot 15.2 to new locations that are approximately 20 yards to the northwest and southeast of their current location.  They will remain as a natural buffer to the bordering vegetated wetland.

After brief discussion of the site visit the following motion was made:  1. A negative determination is proposed for removing the invasive species from the daffodil bed. This work however may not be done between March 1 and September 1 to respect the heron nesting that may take place in the vicinity.  2.  A negative determination is proposed if the eight bushes are not relocated from their current location in the wetland.  The Commission would also allow the bushes to be periodically pruned to protect the view.  If however the applicant wishes to relocate the eight bushes a positive determination is proposed requiring a Notice of Intent filing.  3.  The motion was seconded and unanimously approved.

ZACH WIESNER FOR EDWIN COHEN; AP 33-23; 20 Eliot Ave.:  Mr. Wiesner summarized the plan to prune approximately a 50-foot long and 8-foot wide section of brush to restore the view of Stonewall Pond.  Some invasive species will be removed.  The work is in the buffer zone of the coastal bank.  The applicant is also asking for the ability to maintain the view in perpetuity provided the maintenance plan is reviewed with the Commission before work is done.  After brief discussion a motion was made for a negative determination with an on-going condition allowing the perpetual maintenance of the view provided the work is discussed with a Commission representative before work begins.  The pruning will not be more than 50 percent of the existing height of the brush.  The motion was seconded and unanimosuly approved.

FOLLOW UP DISCUSSION HARRISON ORDER OF CONDITIONS SE 12 – 604; AP 33-114:  Mr. Alley summarized the four areas of the detailed site plan the Commission did not approve at its May 5 meeting and proposed the following:  1.  The terrace near the barn will be eliminated from the plan and replaced with a series of steps.  2.  The A/C condensers near the barn will be moved out of the buffer zone on the east side of the barn.  3.  The auxiliary generator will be placed inside the barn to respect the wildlife and bird nesting.  4.  The terraces by the main house and the master bedroom will be reduced from 1200 sq. ft. and 450 sq. ft. (total 1650 sq. ft.) to 650 sq. ft. and 385 sq. ft. respectively (total 1035 sq. ft.).  They are located in buffer zones.  The Commission expressed its serous concern with continued cumulative expansion of the project’s scope in the buffer zones and its potential impact on wildlife that uses these buffer zones as access to the resource areas for feeding and breeding—as observed during a site visit with snow on the ground.

A motion was made to deny all of the proposed changes and not allow any of the plans as proposed on May 5.  The motion was seconded and did not pass with a vote of two in favor and seven opposed.

A subsequent motion was made to approve the barn steps instead of the paved terraces, the new A/C condenser location and placing the generator inside the barn.  The proposed scaled down slate terraces by the main house and bedroom are not approved as presented.  The plan as originally presented and approved with the Order of Conditions called for retaining walls to define the limit of mowing; planting additional native woody vegetation to increase the buffer along the coastal bank of Quitsa Pond and have a grass surface on the terrace to the retaining wall – in lieu of the proposed slate patios.  The Commission requests more detail on these terraces.  The motion was seconded and unanimously approved.

DISCUSSION REID SILVA FOR SCHEUER; SE 12 – 552; AP 33-4; 2 Chocker’s Lane:  Mr. Silva summarized the Commission’s approval to place temporary planking to protect the wetland crossing by the well drilling rig and requested permission to continue using the planking for the installation of the septic system.  He added the planking was approved for the well installation because the permanent bridge crossing the wetland would not be needed if the well failed to pass inspection.  After much discussion a motion was made to approve the temporary planking for the septic installation only.  The motion was seconded and approved with seven in favor, one opposed (Ms. Goff) and one abstention (Ms. Dyer).    

ADMINISTRATION:  The meeting minutes for May 5 were reviewed and discussed.  A motion was made to approve the minutes as amended.  The motion was seconded and approved.

Windy Gates, LLC and Benreece, LLC Seasonal Beach Stairways; SE 12 – 515;             AP 30-106.1 and SE 12 – 556; AP 30-106.2:  Chuck H. shared Rusty Walton’ site visit report dated May 10, 2010 for the relocation and installation of both sets of stairs – if they are installed this season.  The Commission approved the report.

The following documents were signed:
Order of Conditions Vineyard Open Land Foundation SE 12 – 606; AP 35-1.30.
Determination of Applicability Cohen; AP 33-23.
Determination of Applicability Dietz; AP 27-15.2, 15.3.

With no further business to conduct the meeting adjourned at 2:50 PM.  Respectfully submitted by Chuck Hodgkinson, C.A.S.