FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Caitlin Jones, Donald Poole, Dick Smith, Bruce Bartels and Chuck Hodgkinson. Also attending were Reid Silva and Matt Dix. Andrew Fischer and Richard Steves were absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chair. Associate Commissioners Ms. Jones and Mr. Poole were appointed as voting members for the day. The site visits for today’s agenda were made on April 4 and 5.
NOI SE 12 – 625; MV LAND BANK; Tea Lane Farm; AP 12-4.1: Ms. Goff recused herself from the proceedings as an abutter. Mr. Bartels chaired the public hearing which opened at 12:30 PM. Mr. Dix reviewed the plan to create 600 feet of walking trail through a wetland buffer zone; install and maintain 500 feet of 3-foot wide ground-level boardwalk over the trail; install and maintain a total of 20 feet of 4-foot wide raised boardwalk that crosses a stream in two areas in a bordering vegetated wetland. Chuck H. read the NHESP letter which stated the project is not considered a taking of habitat for state-listed rare or endangered species. After brief discussion and with no comment from the audience a motion was made to close the hearing at 12:35 PM. The motion was
seconded and unanimously approved. A subsequent motion was made to approve the plan as presented. The walking trail and stream crossing may also be maintained in perpetuity provided the maintenance plan is reviewed with the Conservation Agent before work begins. The motion was seconded and with no discussion approved unanimously with five in favor.
NOI SE 12 – 623; MV LAND BANK; Chilmark Pond Preserve; 312 State Rd.; AP 24-205: Ms. Goff returned to the meeting and opened the public hearing at 12:37 PM. Mr. Dix summarized the plan to add an 80 sq. ft. platform addition to an existing raised boardwalk with an attached three-step flight of stairs. The platform will be used for boat launching to protect the salt marsh grass. It will be 8 to 12 inches above the ground and anchored with a foundation of pin footings. The work will alter approximately 80 sq. ft. of salt marsh. Chuck H. read a letter from the NHESP indicating the project is not considered a taking of habitat for state-listed rare or endangered species. The Commission asked if signage could be installed directing the public to use the launch
ramp for their water craft. Mr. Dix agreed. The Commission further debated whether or not this platform would motivate abutting property owners to install similar structures on the pond’s edge. It was ultimately agreed that all applications are mutually exclusive projects. This project is unique because it provides public access to the pond. A privately-owned platform would not. Mr. Dix added that in the peak summer months up to 100 people use this pond access in a given day. This is intended to preserve the marsh grass.
With no comment from the audience 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 following special conditions: 1. A symbolic rope will be installed on the east side of the platform. 2. Permanent signage will be added directing the public to launch their water craft from the launch platform. 3. The Commission will re-evaluate the effectiveness of the platform in April 2013 to see if the marsh grass is re-established around its perimeter. 4. If the addition of the platform has allowed the marsh grass to re-establish, the platform and stairs may be maintained in perpetuity provided the maintenance plan is reviewed with the Conservation
Agent before work begins. The motion was seconded and unanimously approved with six in favor.
NOI SE 12 – 624; MV LAND BANK; Fulling Mill Brook off South Rd.; AP 25-21: Ms. Goff opened the public hearing at 12:48 PM. Mr. Dix reviewed the plan to protect an area of stream bank and trail from erosion and compaction. Five to eight medium-sized field stones will be placed over the eroded area near the bank and 75 feet of ground-level boardwalk will be installed and maintained. Chuck H. read the NHESP letter stating the project is not considered a taking of habitat for state-listed rare or endangered species. Mr. Dix added he will use a mini, all-wheel utility vehicle to get the stones to the stream site. The will be set in place by hand. With no comments a motion was made to close the hearing at 12:50 PM. The motion was seconded and unanimously
approved. A subsequent motion was made to approve the plan as presented with the condition the walkway may be maintained in perpetuity provided the maintenance plan is reviewed with the Conservation Agent before work begins. The motion was seconded and with no discussion approved unanimously with six in favor.
NOI SE 12 – 629; REID SILVA FOR WIND GATES ASSOCIATION; Windy Gates Rd.; AP 29-27: Ms. Goff opened the public hearing at 12:51 PM. Mr. Silva reviewed the plan to Repair and maintain the existing bridge over the Mill Brook. A 24.5’ X 12’ X 1’ thick steel-reinforced concrete road bed will be poured over the existing granite bridge that will remain in place. The bridge is in a river front area and crosses a stream. Mr. Silva added that a 2 X 4 frame with construction plywood sheets will be built and suspended under the bridge to keep debris from falling into the brook. Siltation barriers will also be added along both sides of the roadway leading to and from the bridge. With no comment from the audience a motion was made to close the hearing at
1:00 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following conditions: 1. The Conservation Agent shall approve the installed debris and erosion containment system before work begins. 2. The bridge roadway may be maintained in perpetuity provided the maintenance plan is reviewed with the Conservation Agent before work begins. The motion was seconded and unanimously approved with six in favor.
NOI SE 12 – 630; REID SILVA FOR SWB LIMITED PARTNERSHIP; 8 Greenhouse Lane; AP 33-30: Ms. Goff opened the public hearing at 1:02 PM. Mr. Silva reviewed the plan to stabilize the coastal bank by: 1. Adding backfill to soften the slope with native soils. 2. Stake 16” dia. coir logs at 8 to 10 foot intervals on the slope. 3. Backfill the coir logs with clean white sand. 4. Staple jute netting to cover the coastal bank. 5. Plant beach plum, Rosa Rugosa, Bayberry on 5’ centers along the top of the bank and grouped on the bank. Plant beach grass at 8” centers on the entire embankment. Mr. Silva explained
that there will be no stone excavation at the base of the bank. Natural, local sand fill will be added to restore the natural slope. A grading machine will be used with an extendable arm that will drop the fill over the bank’s edge without damaging the existing vegetation on the top of the bank. With no discussion a motion was made to close the hearing at 1:10 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. 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. 2. A grading machine with an extension arm will be used to add fill over the bank to preserve the vegetation on the top of the bank. 3. No herbicides or pesticides may be used to promote coastal bank plant growth. The motion was seconded and unanimously approved with six in favor.
DISCUSSION ORDER OF CONDITIONS ROBBIE HUTCHINSON FOR ROCKEFELLER; SE 12 – 536; 16 Greenhouse Lane; AP 33-31: Ms. Hutchinson explained this property abuts 8 Greenhouse Lane to the west and has a valid Order of Conditions for the same coastal bank stabilization plan as the previous applicant. She added that it would be beneficial to connect the bank planting on this property with the approved plan for 8 Greenhouse Lane. The Commission agreed. She also pointed out there is some re-planting that is needed on the western edge of the bank that has eroded away. The same methods and planting scheme will be used as in the approved Order of Conditions. The Commission agreed with the plan and a motion was made to approve the repairs and expansion as presented. The motion
was seconded and unanimously approved with six in favor.
NOI SE 12 – 621; REID SILVA FOR SCHEUER FAMILY PROPERTIES, LLC; 2 Chocker’s Lane; AP 33-4, 6: Ms. Goff opened the continued public hearing at 1:13 PM and confirmed that all six commissioners are eligible voters. The Commission proposed an alternative location for the walkway along the west lot line and stone wall as considered at the site visit on April 4. The Commission asked Mr. Silva if he would also plot, survey and flag the area that was proposed for clearing on the Request for Determination (RFD) that was filed by John Fragosa. Mr. Silva agreed. The Commission will make a site visit to determine how much if any of the clearing was outside the approved area as presented. If so, a subsequent letter will be
sent to the owner outlining any excess area of disturbance that would be subsequently restricted from further mowing. This would allow the brush to grow back and re-establish Northern Harrier habitat.
Mr. Silva asked for a continuance of the hearing to May 4, 2011 @ 12:30 PM to provide time to review the proposed alternative walkway location with his client and to draw a revised site plan with the northwest side of the salt marsh and wetlands clearly delineated. This will help determine the amount of resource disturbance that might be created in the new location. He added the approved area for clearing (Fragosa RFD) will also be surveyed and staked by that time. A motion was made to approve the request. The motion was seconded and unanimously approved with six in favor.
ADMINISTRATION:
The March 16, 2011 Meeting Minutes were approved as presented by consensus.
The Commission unanimously agreed to recommend to the Selectmen Mr. Poole’s appointment as a voting member of the Commission. Mr. Poole thanked them for their support and confidence. Ms. Broyard also volunteered to represent the Commission on the Town’s Site Review Committee on a trial basis. The Commission was very appreciative.
Chuck H. will contact Mr. Fischer to see if there are more convenient days of the week and times for him to be able to attend more Commission meetings.
The following documents were signed:
Order of Conditions MV Land Bank Tea Lane Farm; SE 12 – 625; AP 12-4.1.
Order of Conditions MV Land Bank Chilmark Pond; SE 12 – 623; AP 24-205.
Order of Conditions MV Land Bank Fulling Mill Brook; SE 12 – 624; AP 25-21.
Order of Conditions Windy Gates Association; SE 12 – 629; AP 29-27.
Order of Conditions SWB Limited Partnership; SE 12 – 630; AP 33-30.
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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