FINAL
Present for the Conservation Commission and attending the meeting were: Richard Steves, Chairman, Pam Goff, Sandy Broyard, Virginia Dyer, Caitlin Jones (arrived at 1:00 pm), Dick Smith, Donald Poole, Bruce Bartels and Chuck Hodgkinson. Also attending were Glenn Provost, Gary Stuber, George Sourati and Dick Barbini. Andrew Fischer was absent.
The meeting came to order at 12:30 PM. Donald Poole was appointed a voting member for the day’s agenda. The site visits for today were made on October 19.
PUBLIC HEARING NOTICE OF INTENT GLENN PROVOST FOR SQUIBBY, LLC; SE 12 – 614; 14 Round Pond Road; AP 35-1.12: Mr. Steves opened the public hearing at 12:30 pm. Mr. Provost summarized the plan to perform an archaeological site examination of the 2.13-acre building envelope. All vegetation will be flush cut to the ground and the existing organic layer and top soil will be machine-stripped and stockpiled. The removed topsoil will be replaced, graded and seeded with an appropriate field/meadow seed mixture. Siltation barriers will be installed along the perimeter of the building envelope and removed after the meadow grass seeding has become established. The applicant would also like to confirm the locations for buildings and structures
within the building envelope. Portions of the building envelope are within the 100-foot buffer zones of one bordering vegetated wetland and two isolated bordering vegetated wetlands.
Mr. Provost presented three site plans as follows: 1. Outlining the entire building envelope as outlined in the original subdivision. 2. Outlining a building envelope that does not encroach on any of the wetland 100-foot buffer zones. 3. Outlining a building envelope that does not encroach the 100-foot buffer zone of the bordering vegetated wetland to the west and does not disturb the first 50-foot section of the two buffer zones for the isolated bordering vegetated wetlands.
The Commission discussed at length the values of the bordering vegetated wetlands and the interests they protect. With no additional comment from the audience a motion was made to close the hearing at 1:03 pm. The motion was seconded and unanimously approved. A subsequent motion was made to approve the following plan and special conditions:
1. No archaeological scraping, structures or accessory structures shall take place or be built within the 100-foot buffer zone of Round Pond, any wetland or isolated wetlands as shown on the site plan.
2. Any landscape work or other proposed activity within the second fifty-foot section of the isolated wetland buffer zones shall be approved by the Commission before work begins.
3. A Commission representative shall approve the installed silt fencing before work begins. It shall remain in place until the reseeding has taken hold.
The motion was seconded and with no further discussion approved with seven in favor.
PUBLIC HEARING NOTICE OF INTENT DICK BARBINI FOR 9 AZALEA NOMINEE TRUST; SE 12 – 615; 9 Azalea Lane; AP 29-8: Mr. Steves appointed Ms. Jones as a voting member and opened the hearing at 1:08 pm. Mr. Barbini summarized the request for a permit to install and maintain a seasonal timber beach stairway in perpetuity. The stairway will be located on a coastal bank. This application is intended to renew the expired beach stairway permit issued under DEP file number SE 12 - 214. After brief discussion and with no comment from the audience a motion was made to close the hearing at 1:11 pm. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan 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 a Commission representative shall approve the stair location in the spring and the stair removal plan in the fall before work begins.
3. All timbers in the lower sections of the stairs shall have permanent identification as follows should they collapse and litter the beach: “Map 29 Lot 8”
4. The contatct numbers for all contractors shall be given to the Commission representative before work begins.
5. 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.
6. This Order shall remain in effect in perpetuity provided all conditions are met as outlined.
The motion was seconded and with no further discussion approved unanimosuly with eight in favor.
CERTIFICATE OF COMPLIANCE 9 AZALEA NOMINEE TRUST; SE 12 – 531; 9 Azalea Lane; AP 29-8: The Commission discussed its observations from the October 19 site visit. The work does not meet the requirements for issuing a Certificate of Compliance.~ There are mowed areas in the wetlands as shown on the final site plan for the work.~ The wetland edges seem to be 27 – 30+ feet from the three structures.~ There is mowing well beyond these distances and wetland edges.~ For accuracy, the Commission would like the edges of the wetlands staked as shown on the site plan. The wetland edges to the east and south of the structures should be flagged.~ They will then make another site visit. Additionally, a stone fire pit is in a wetland to the south of the structures
and will need to be removed. The path through the south wetland is on the approved site plan.~ The clearing and mowed areas among the brush and within the wetlands around the path are not approved.~ Once the wetland edges are clearly marked the certificate of compliance can be discussed with possible conditions of no cut or mow zones within the wetlands and inside the wetland edges as shown on the site plan.~
ENFORCEMENT ORDER HONKER & SONS, LLC; SE 12 – 559; 55 Squibnocket Farm Rd.; AP 35-1.2: The Commission discussed the email request to change the approved re-vegetation plan for the buffer zone as approved at the October 6th meeting. The contractor would like to plant native field grasses and wild flowers in lieu of the approved plan to lower the cost. A motion was made to deny the request and enforce the re-vegetation plan as presented and approved on October 6th. The motion was seconded and unanimously approved.
ENFORCEMENT ORDER PETER NORRIS; SE 12 – 602; 19 Blueberry Ridge Lane; AP 8-59: Chuck H. summarized the site visit he had with Mr. Norris and George Sourati on October 19 @ 3:00 pm. Mr. Sourati added Mr. Norris would like to have Cooper Environmental Services delineate the wetland edge between flag numbers 3 and 4 as shown on the 6/11/10 site plan. There is a 100 foot span between these two flags and Mr. Norris would like to get a more accurate reading to see if the six planting beds are actually in the wetland. The Commission agreed with the plan and asked that Chuck H. attend the flagging. The goal is to have a more detailed surveyed site plan for the November 3 meeting.
ENFORCEMENT ORDER ADAM ZOIA; SE 12 – 604; 18 Point Inner Way; AP 33-114: Commissioners Goff, Jones and Poole summarized a site visit made to this property on October 19th. They observed an area had been cleared and was in the process of being re-vegetated with shrubs including invasive choke cherry and Russian olive. This activity is on the coastal bank, within 100-feet of the Quitsa Pond shoreline and is labeled as “Existing Vegetation to Remain” on the final approved site plan dated and signed on 6/2/10. This area is clearly outside the approved limit of work border as defined in the Order of Conditions issued to James Harrison for a complete re-development of the parcel. Mr. Zoia is the new owner of the
property.
After discussion a motion was made to issue an Enforcement Order as follows:
Adam Zoia; James Harrison; SE 12 – 604
18 Point Inner Way; Map 33 Lot 114
Enforcement Order; October 20, 2010
The Commission made a site visit on October 19, 2010.
Chilmark Wetland Protection Bylaw Violations of the Order of Conditions issued on April 12, 2010:
Section 1.02B of the Town’s Wetland Protection Bylaws: Land within 100 feet of a tidal coastal salt pond, eelgrass habitat, shellfish habitat and wildlife habitat.
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. An area land labeled as Existing Vegetation to Remain leading to the existing shed near the pond shoreline was cleared and re-vegetated. The clearing is within 100 feet of the coastal pond shoreline. The area was cleared and re-vegetated without prior appoval of the Commission. The area of disturbance is outside the approved limit of work border as shown on the final site plan dated 6/2/10 and signed by the Commissioners--reduced copy attached.
Remedial actions imposed in the Enforcement Order:
1. Provide a specific re-vegetation plan of native, non-invasive species as outlined in the Order of Conditions. All invasive, non-native species that were planted in the area shall be removed. The plan will be presented to the Commission by November 17, 2010.
2. Section 6.09: The following fines are imposed. Total due $275.00. Payment must be received no later than November 17, 2010.
3. Section 6.09-2: $50 for unauthorized activity beyond scope of Valid Order of Conditions in a buffer zone.
4. Section 6.09-5.: Failure to comply with special conditions contained in a Valid Order of Conditions; $50 per condition violated: Condition numbers 3, 5, 8, 9 = $200 total.
5. Section 6.09-7: Failure to post DEP file number at the site: $25.
6. Section 6.09-3: Failure to comply with any of the remedial actions by November 17, 2010 will result in an additional $300 daily fine starting November 17, 2010 until payment is received.
The motion was seconded and unanimously approved with eight in favor.
ZACH WIESNER: Zach Wiesner did not attend to discuss the pruning as outlined in the Determination of Applicability for Edwin Cohen; AP 33-23.
ADMINISTRATION: The October 6th meeting minutes will be reviewed at the next meeting.
The following documents were signed:
Order of Conditions Squibby LLC; AP 35-1.12; SE 12 – 614.
Order of Conditions 9 Azalea Nominee Trust; SE 12 - 615 AP 29-8.
Enforcement Order Zoia; SE 12 – 604; 18 Point Inner Way; AP 33-114.
With no further business to conduct the meeting adjourned at 1:45 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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