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, Marcia Cini, Kevin Smith, Allison Burger, Martina Mastromonaco, Marni Lipke, Gary Stuber and Robert and Emma Shalhope. Rusty Walton, Andrew Fischer and Caitlin Jones were absent.
The meeting came to order at 12:30 PM. Mr. Steves appointed Mr. Poole as a voting member for the day’s agenda. The site visits for today’s meeting took place on June 15.
CHRIS ALLEY FOR ABUTTERS MCNALLY, JACOBI, LIPKE; NOI SE 12 – 610; AP 30-106.1; 24 Windy Gates: Mr. Steves opened the public hearing at 12:30 PM. Mr. Alley reviewed the Assessors’ map of the area including the abutters to AP 30-106.1. He added the applicants have easement rights to use the grass trail, the original seasonal beach stairway and the beach from the stairway bottom eastward to the lot line of the Windy Gates property. The original stairway location is approximately 675 east of the current stairway on the property. The abutters do not have easement rights to use the current existing stairway – or the permitted beach stairway on the abutting vacant property
owned by Benreece, LLC.
The proposed stairway would be dismantled in three-foot sections and the abutters are asking for the ability to perpetually maintain the stairway – if approved.
Ms. Burger asked what is the best solution for protecting the coastal bank? The Commission explained that the seasonal beach stairways help preserve the coastal bank vegetation and minimize erosion – versus the alternative of climbing up and down the bank or bluff. The occasional winter collapse of beach stairway platforms are caused by storm forces and not the minimal disturbance that might be caused by the stairway support posts.
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 proposed stairway with the following special conditions:
1. Stairway shall be for seasonal residential use only.
2. Prior to construction each spring and removal each fall the Commission shall be notified in writing and the Conservation Officer shall approve of the stair location in the spring and stair removal plan in the fall.
3. All timbers shall have permanent identification as follows should they collapse and litter the beach: “SE 12 – 610; 30-106.1”
4. There shall be an on-site meeting before work begins among the Conservation Officer and contractors to review this Order.
5. The contatct numbers for all contractors shall be given to the Conservation Officer before work begins.
6. 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under Massachusetts General Laws Chapter 131, Section 40, and Section 2.05 (4C) of the Chilmark Conservation Commission Rules & Regulations, promulgated under the Chilmark Wetlands Protection Bylaws, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on a bank, or on an eroding bank, at any time in the future to protect the project allowed by this Order of Conditions.
7. This Order shall remain in effect in perpetuity provided all conditions are met as outlined.
The motion was seconded and with no comment it was unanimously approved.
CHILMARK BEACH COMMITTEE NOI SE 12 – 611; AP 29-1, 3; LUCY VINCENT BEACH: Mr. Steves opened the public hearing at 12:55 PM. Ms. Mastromonaco explained the Town’s request to try and minimize beach erosion on Lucy Vincent Beach by installing snow fencing, hay bales and drift wood boxes to allow tidal flow to pass through while providing structure to capture the sand sediment. Native beach grass plugs will be planted in the fall to provide additional structure. The majority of the work will be on Town-leased property. Hay bales will be placed on a small section of beach on Map 29 Lot 3. All of the work will take place on the coastal beach at Lucy Vincent Beach. If approved, perpetual maintenance of the work is also requested.
The Commission commented that the area is evolving from a coastal bank to a coastal dune system and should be managed as such. It recommended placing walkways along the sandy portions of the pathway that goes through the beach grass and up the slope of the cliff. This will protect the existing beach grass and help contain and nourish the dune sand. After brief discussion a motion was made to close the hearing at 1:05 PM. The motion was seconded and unanimously approved.
A subsequent motion was made to approve the plan as presented with the following special conditions: 1. The areas are evolving from a coastal bank to a coastal dune. The maintenance measures should treat the areas as a dune system. 2. Best practices as outlined in the 12/08 edition of Coastal Dune Protection & Restoration published by the Woods Hole Sea Grant and Cape Cod Cooperative shall be used. 3. Portable beach walkways shall be installed on the areas of the pathway leading behind the east bluff that are comprised of sand and beach grass. These walkways shall be completed by the autumn of 2013. 4. The maintenance of the dunes is allowed in perpetuity provided the Commission is informed of the activity, materials and methods before work begins. The motion
was seconded and unanimously approved.
RFD ROBERT SHALHOPE; AP 26-48; 462 North Road: Mr. Shalhope explained his plan to abandon the existing water well and drill a new well with associated electric and water line connections. The work will be done in the buffer zone of a bordering vegetated wetland. The well is approximately 77 feet from the wetland edge. After brief discussion of the site visit a motion was made for a negative determination. The motion was seconded and unanimosuly approved.
DICK BARBINI REQUESTED CHANGE TO ORDER OF CONDITIONS SE 12 – 589; AP 29-8; 9 AZALEA NOMINEE TRUST: Mr. Barbini summarized the revised proposal to add a deck on the south side of the relocated dwelling. He added that 235 sq. ft. of previously approved structures in the buffer zone have been removed (85 sq. ft. of stone steps and 150 sq. ft. of decking that was not built as shown on the approved plan). The proposed new deck is reduced to 475 sq. ft. which produces a net increase of + 240 sq. ft. of footprint in the wetland buffer zone.
Mr. Stuber demonstrated the type of footing that will be used for the deck. It will sit on the top of the existing ground.
The Commission asked if the widest section of decking that is 12’ 8” wide can be reduced to a width of ten feet. Mr. Barbini agreed it could be done. After brief discussion a motion was made to approve the revised plan with the ten foot wide section in lieu of the 12 ‘ 8” width as shown and to consider this change as inconsequential to the original approved plan. The motion was seconded. The Commission asked that this be the final change to the plan and mentioned it looks forward to receiving a request for the Certificate of Compliance. The motion passed unanimously.
ADMINISTRATION: The meeting minutes for June 2 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 McNally, Jacobi, Lipke; SE 12 – 610; AP 30-106.1.
Order of Conditions Chilmark Beach Committee; SE 12 – 611; AP 29-1, 3.
Determination of Applicability Shalhope; AP 26-48.
With no further business to conduct the meeting adjourned at 1:55 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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