FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Pam Goff, Sandy Broyard, Dick Smith, Donald Poole, Virginia Dyer and Chuck Hodgkinson. Also attending were Sean Murphy and Chris Alley. Andrew Fischer, Caitlin Jones, and Bruce Bartels 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 August 31.
RFD CHRIS ALLEY FOR MCNALLY, JACOBI & LIPKE; ABUTTERS TO HELEN BENHAM; AP 30-106.1: Mr. Alley reviewed the site plan of the existing path to the edge of the coastal bank and explained the abutters would like to widen the path from a 4-foot width to a 9-foot width to provide construction vehicle access while installing the approved beach stairway. Mr. Alley said the construction vehicle would most likely be a pickup truck and it would be no closer than 50 feet from the coastal bank. The path is in the 100-foot buffer zone of the coastal bank. Mr. Steves read a letter of opposition from abutter Jim Belushi for the record.
The Commission discussed its concerns with the request and its impact on this fragile and unstable coastal bank. It added the other beach stairs installations did not need this and there are many alternative ways of bringing the lumber to the bank for construction without requiring a wider path. They concluded it is not necessary to widen the path within the 100-foot buffer zone.
A subsequent motion was made for a positive determination. The motion was seconded. The Commission discussed the specific location of the staging area for storing the lumber in the fall and winter season can be determined at the spring site visit before the stairway is installed. The motion passed unanimously with six in favor.
FOLLOW UP DISCUSSION CHRIS ALLEY FOR BARBARA & BOB DAY; AP 33-66: Mr. Alley briefly summarized the August 18th discussion about this project. This is a vacant lot with Quitsa Pond access off of State Road. It had a fixed pier that has deteriorated to remnants. The owners would like to re build a portion of the fixed pier. He asked if a raised walkway over the salt marsh could be installed with a seasonal, cantilevered section that would extend 12 feet into the pond and have support pipes. The total length of the fixed and seasonal section would be 16 feet in the pond. The Commission reminded Mr. Alley that none of its comments are binding. They added it might consider a cantilevered section that was about three or four feet long with no support
legs.
DISCUSSION CHRIS ALLEY; HAMMETT FARM; HAMMETT LANE: Mr. Alley was inquiring about a possible future project that would create a 3-acre clearing for sheep grazing and a barn. The property is approximately 17-acres. There are 11 acres with the farmhouse; 3-acres of wetland to the north and then approximately 3 acres between the wetland and North Road. This last section would be cleared for grazing. A barn might also be built on the site but, out of the wetland buffer zone. The Commission again reminded Mr. Alley that its comments are not binding. After discussion a rough planning guideline of installing a fence approximately 50 feet from the wetland edge to protect the closest 50 feet of buffer zone would be favorable.
ENFORCEMENT ORDER HONKER & SONS, LLC; SE 12 – 559; 55 Squibnocket Farm Rd.; AP 35-1.2: The Commission discussed its observations from the August 31st site visit. The addition to the shed that is in a buffer zone; the extensive clearing of the buffer zone that now has a vegetable garden and grass lawn; the relocated stone wall that is now approximately 30 feet from the addition to the main house all exceeded the approved scope of work in the Order of Conditions.
After much discussion a motion was made to issue the Enforcement Order as amended and includes a $50 daily fine that will be imposed for performing work that is beyond the scope of an Order of Conditions. This daily fine will be retroactive to the date this extra work began. Chuck H. will investigate and determine this date. The fine will continue to the date of the final Enforcement Order. A $300 daily fine will be imposed if an agreed solution is not reached on October 6, 2010—see following outline. The motion was seconded. It was discussed that the Commission Chairman should be authorized to sign the Enforcement Order. The motion passed unanimously with six in favor.
Chilmark Conservation Commission decision summary – July 16, 2008; SE 12 - 559:
A Notice of Intent application was filed for the following activities that take place within the 100-foot buffer zone of a bordering vegetated wetland and a separate, isolated wetland. Both areas are within the jurisdiction of the Conservation Commission and are regulated under the Commonwealth’s Wetland Protection Act and the Town’s Wetland Protection By-Laws.
The following activities were reviewed in a public hearing held by the Conservation Commission on July 16, 2008. A subsequent Order of Conditions was issued in August 2008.
1. Relocate an existing outbuilding to an existing foundation of a collapsed shed. The existing foundation will be repaired. The footprint of the foundation and shed will not change. This relocated shed is not considered an expansion of floor area because the old foundation and shed were pre-existing.
2. Build a new basement foundation under the current single-family structure. The current foundation is at ground-level and promotes building rot.
3. Demolish the existing deck and other out building that are attached to the house and replace them with a 655 sq. ft. addition. A cellar basement foundation will be placed under the addition for mechanical equipment storage and access. The addition will be a re-assembled late 1800’s vintage barn with a ridge height of 23’ 4” above mean natural grade. This ridge height is lower than that of the existing dwelling.
4. Approval was also given to raise the existing dwelling and replace the crawl space foundation with a basement foundation and bulkhead door access.
The Commission made a site visit on August 31, 2010.
Chilmark Wetland Protection Bylaw Violations of the Order of Conditions issued in August 2008:
Section 1.02B of the Town’s Wetland Protection Bylaws: Land within 100 feet of a freshwater wetland.
Part VI of the Town’s Wetland Protection Bylaws: Regulation of non-criminal disposition for wetland violations.
Section 6.07 Determining Factors for the Violations:
1. Potential impact on the environment.
3. The applicant did not take steps to prevent the violations.
8. The public interest.
Massachusetts Wetland Protection Act 310 CMR 10.00; Sections 10.02b; 10.53-1 Violations within a Buffer Zone.
Conclusions of the site visit:
1. The scope of work far exceeded the limits of the Order of Conditions and site plan prepared by Schofield, Barbini & Hoehn dated 6/24/08.
2. The stone wall that was just west of the addition to the main house has been relocated and moved approximately 30 feet farther west and south from the addition. It is in a buffer zone of a freshwater wetland that drains into a coastal pond. The extensive excavation for the basement foundations was allowed because this stone wall provided a barrier and protection for the wetland.
3. A significant area of the wetland buffer zone that is on the west and south side of the relocated stone wall has been cleared of all brush and seeded with a grass lawn. A vegetable garden was also planted in this area. No work was proposed or allowed in this section of the buffer zone.
4. A roof overhang, stone retaining walls that frame a raised grass porch and a ramp with stone retaining walls up to the raised grass porch was added to the footprint of the relocated shed. All of this work is in the buffer zone of a freshwater wetland that drains into a coastal pond. The relocated shed was reduced in size to fit the footprint of the pre-existing foundation. This relocated shed and re-built foundation was the only activity that was requested and permitted in the Order of Conditions.
Remedial actions imposed in the Enforcement Order:
1. The relocated stone wall may remain in its current, new location. Moving the wall back to its original location would create more damage than allowing it to stay in place.
2. Immediately cease and desist all other work that is beyond the scope of work permitted in the Order of Conditions.
3. Install siltation barriers for approval by the Commission before remedial work begins.
4. Remove the roof overhang, support posts, stone retaining walls and ramp to the relocated shed by October 6, 2010.
5. Present a re-vegetation plan that restores and replicates the existing, natural vegetation in the cleared area of the buffer zone. The entire area that is south and west of the stone wall shall be replanted as described.
6. This restoration plan shall be presented and approved by the Commission no later than October 6, 2010.
Section 6.09: The following daily fines will be imposed:
Section 6.09-2.: $50/day for unauthorized activity in a buffer zone that is beyond the scope of a valid Order of Conditions. This daily fine shall be made retroactive to August 7, 2010 when the clearing began. The fine will expire on the date of this Enforcement Order provided all unapproved work ceases. If not, the daily fine will continue to be imposed until work stops.
Section 6.09-4: $300/day for failure to comply with mitigating measures mandated by an Enforcement Order. If an agreed solution for all remedial measures outlined in this Order cannot be reached by October 6, 2010, this daily fine shall be imposed until an agreed plan is established.
AMENDED ORDER OF CONDITIONS TOWN OF CHILMARK BEACH COMMITTEE; SE 12 – 611; AP 29-1; Lucy Vincent Beach restoration. Chuck H. reviewed the final agreements and conditions reached between the Town and the Division of Fisheries NHESP for this proposal. Also, Map 29 Lot 3 has been removed from the scope of work. The Commission agreed with the Amended Order of Conditions. A motion was made to approve and sign the Amended Oder. The motion was seconded and unanimously approved with six in favor.
ADMINISTRATION: The meeting minutes for August 18 were reviewed. A motion was made to approve the minutes as presented. The motion was seconded and passed.
The following document was signed: Determination of Applicability McNally, Jacobi & Lipke; AP 30-106.1.
With no further business to conduct the meeting adjourned at 2:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
| 
