FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Pam Goff, Bruce Bartels, Sandy Broyard, Dick Smith, Virginia Dyer, Donald Poole and Chuck Hodgkinson. Also attending were Chris Alley, Dick Barbini, Reid Silva, George Sourati, Lenny Jason, Martina Mastromonaco, Wendy Weldon, Jim Belushi, Susan and Richard Regan, Warren Doty, Jonathan Mayhew and Frank Fenner. Rusty Walton, Andrew Fischer and Caitlin Jones were absent.
The meeting came to order at 12:30 PM. The site visits for today’s agenda took place on June 1.
RFD TOWN OF CHILMARK; AP 29-16.1: Martina Mastromonaco summarized the Beach Committee’s request to continue clearing the brush between the parking lot roadway at Lucy Vincent Beach and the stone wall that is on the east side of the roadway. The trees will remain in place. Approximately 40 yards of brush is cleared and approximately 40 additional yards will be cleared to expose the stone wall. The clearing will stop at the drainage ditch. The work is within the 100-foot buffer zone of a bordering vegetated wetland. She added the clearing will provide slightly more space for partial car parking during high beach traffic days. After brief discussion a motion for a negative determination was made with the condition the cleared brush will be removed from the site on
a daily basis. The motion was seconded and unanimosuly approved.
REID SILVA FOR RALPH AND DOROTHY PACKER; NOI SE 12 – 607; AP 27.1 – 95, 97; 511 North Road: Mr. Steves opened the public hearing at 12:40 PM. Mr. Silva summarized the plan to upgrade the septic system for the Menemsha Market. The new septic system will require trenching and excavation for a new sewer line. He added that the Board of Health approved the gray water system but did not approve the tight tanks. A composting toilet will be substituted and the tight tanks as shown on the site plan will not be installed. The exterior access method for the composting toilet has not yet been designed. The organic material and topsoil will be removed in the construction area. Hay bales will be placed
between the work site and Menemsha Basin as the work in within the 100-foot buffer zone of the harbor.
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 standard conditions. The motion was seconded and unanimously approved.
GEORGE SOURATI FOR CHRIS AND YVETTE QUINSON; NOI SE 12 – 608; AP 27.1-202; 7 Flanders Lane: Mr. Steves opened the public hearing at 12:46 PM. Mr. Sourati summarized the plan to upgrade the septic system and connect the existing residence to the public Menemsha Water Company service. The existing leach pits will be disconnected, pumped dry and back filled. The activity is 50 feet from the edge of a bordering vegetated wetland and 53 feet from a perennial stream and within the first 100-foot section of the riverfront zone. He added a request to remove four dead trees and renovate the existing shed in its current footprint.
The new system will replace three cesspools the bottom of which are in the water table. Mr. Sourati explained that the Menemsha Water Co. wells are regulated as public water supply wells which require a wider separation from septic systems of 600 feet because they are also within the coastal district. The current system is 150 feet from the wells. He added there is a difference of opinion on whether or not Menemsha Pond is considered to be a coastal great pond because it has continuous flow into and from Vineyard Sound. This designation has an effect on the definition of the coastal district. He continued by saying the Board of Health will consider granting a setback variance later in the day.
After much discussion on the Board of Health setback requirements a motion was made to close the hearing at 12:53 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plans as presented plus the tree removal and shed renovation with the following conditions: 1. The Board of Health must first approve the plan. 2. The maximum septic capacity is three bedrooms. 3. The shed may be renovated provided its location and footprint does not change and it will not have water or electric service. 4. The four dead trees may also be removed. 5. The standard conditions also apply. The motion was seconded and unanimously approved.
TOWN OF CHILMARK NOI SE 12 – 609; AP 35-21: Mr. Poole recused himself from this proceeding as he has a commercial oyster license and could realize a financial gain from its outcome. Mr. Steves opened the public hearing at 12:55 PM. Mr. Doty summarized the plan to restore public skiff access to Squibnocket Pond from the existing Squibnocket Beach Parking Lot. The previous access path has been permanently closed. The new stone path will be located on Town-leased property. A portion of the work will be in a bordering vegetated wetland and the wetland buffer zone. The path will go to the pond’s edge and is also within the 100-foot buffer zone of Squibnocket Pond. He added the path will provide pond access for oyster fishermen, vessels used by the MA.
Division of Marine Fisheries for periodic water testing and for public kayak or canoe use. Ms. Weldon representing the Squibnocket Pond District Advisory Committee added the pond has white perch and is used for duck hunting. She added that the District has a regulation that prohibits the used of any pesticides or fungicides and voiced opposition to the use of Rodeo for Phragmites containment.
Abutters Richard and Sue Regan commented they have lived in their home since 1951 and have observed the erosion caused by several severe storms. They expressed opposition against anything that can be easily washed out because the fill ends up on their lot.
The Commission expressed its concern with the plan as presented. The use of 3” to 5” rocks and the machinery needed to prepare the bed and area for the rock paths seems to be too invasive and a risk to the salt marsh habitat and resource. It suggested using the materials as outlined in the best practices for Coastal Zone Management. One method might be to use a portable rack of connected planks made of wood or composite materials. These are used to create walkways at beaches and can be rolled up in the off season. The Commission did acknowledge the rock base may be needed to stabilize the path from the parking lot but should not be used for the entire 53-yard long pathway to the pond’s edge.
After much discussion a motion was made to close the hearing at 1:25 PM. The motion was seconded and unanimously approved. A subsequent motion was made for a partial approval of the plan as follows: 1. The proposed rock pathway may be used for the first ten yards of the path leading from the parking lot. 2. The remaining 43 yards to the pond’s edge must have a different solution as suggested earlier. 3. The Town will return to the Commission to review the revised solution for the remainder of the path before it may be installed. 4. The ten yards of rock path may be installed when the parking lot repairs are made. 5. The final Order of Conditions will be issued after the entire plan and materials are approved. The motion was seconded and approved
with five in favor and one abstention (Mr. Poole).
DICK BARBINI REQUESTED CHANGE TO ORDER OF CONDITIONS SE 12 – 589; AP 29-8; 9 AZALEA NOMINEE TRUST: Mr. Barbini thanked the Commission for its time and asked if it would approve the addition of an 843 sq. ft. deck on the south end of the southern-most relocated dwelling. He pointed out the original design failed to provide a platform for the sliding glass door opening. He added the deck will be supported by six concrete sonotubes.
The Commission reminded Mr. Barbini that a significant portion of decking was removed from the final approved plan to accommodate the requested building of a third, new dwelling. All of this work is in a wetland buffer zone and was allowed because the two existing dwellings were 46 feet from the edge of the eroding coastal bank.
After much discussion the Commission expressed its disapproval of the proposal and suggested designing a solution that it might consider as an inconsequential change to the approved plan. It agreed to continue the discussion at the next meeting and make a site visit on June 15 to view the work and a changed proposal which should be staked out for the site visit.
FOLLOW UP DISCUSSION HARRISON ORDER OF CONDITIONS SE 12 – 604; AP 33-114: Mr. Alley presented a revised and final site plan for the Harrison project. It showed the relocated A/C condensers by the barn which are now out of the buffer zone; the auxiliary generator is inside the barn; the paved terraces by the barn have been eliminated and the paved terraces by the main house and master bedroom have also been eliminated. The original approved plan of retaining walls and fescue grass on the Quitsa Pond side of the main house and master bedroom will be installed.
After much discussion a motion was made to approve the changes to the plan and as shown on the site plan that is hand-dated 6/2/10. The Commissioners proceeded to sign the approved site plan.
Mr. Alley also mentioned the licensed fixed pier on Quitsa Pond will be re-built. Its footprint will not change. He will submit a summary of the plan, materials and methods for the Town’s files before the work is done.
ADMINISTRATION: The meeting minutes for May 19 were reviewed and discussed. A motion was made to approve the minutes as presented. The motion was seconded and approved.
The following documents were signed:
Order of Conditions Packer SE 12 – 607; AP 27.1-95, 97.
Order of Conditions Quinson SE 12 – 608; AP 27.1-202.
Determination of Applicability Town of Chilmark; AP 29-116.
With no further business to conduct the meeting adjourned at 2:55 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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