FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Caitlin Jones (arrived at 12:40), Wes Cottle, Donald Poole and Chuck Hodgkinson. Natalie Conroy, David Michniewicz and Lars Jensen also attended. Richard Steves and Dick Smith were absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chair. Wesley Cottle was appointed a voting member for the day’s agenda. No site visits were required for today’s meeting.
TWO CERTIFICATES OF COMPLIANCE BLUE HERON PROPERTIES, LLC; SE 12 – 529; SE 12 - 576; Cobbs Hill Rd.; AP 11-23.1:
SE 12 – 529; issued on 1/19/07: Construct and maintain a four-foot wide, 82-foot long stairway on a coastal bank. Chuck H. shared photographs indicating the work was completed and in full compliance with the Order. A motion was made to accept the report and issue the Certificate of Compliance. The motion was seconded and unanimously approved with five in favor.
SE 12 – 576 Order issued on 3/13/09: Add 16 feet of fixed pier and boardwalk with steps to the stairway permitted under SE 12 - 529. Chuck H. shared photographs of the work and explained that it is only partially finished. A remaining eight-foot section of the boardwalk has not been constructed. A motion was made to accept the report and issue a partial certification indicating only 8 feet of the total permitted 16 feet of boardwalk has been completed. An on-going condition was also moved that states the Conservation Agent shall be contacted to review the completion plans before work begins. The motion was seconded and unanimously approved with five in favor.
FOLLOW UP DISCUSSION NOI SE 12 – 640; DAVID MICHNIEWICZ FOR NATALIE CONROY; 22 Greenhouse Lane; AP 33-33: Ms. Jones arrived at 12:40 PM and was also appointed a voting member for this discussion. Chuck H. explained the hearing was closed on October 19 for this Notice of Intent. The permit was approved with several pending special conditions. One was to not release the Order of Conditions until the applicant’s engineer returns to the Commission to review the greenheart pile foundation details for each building and their required depth with an assessment of the impact of the pile foundations on the stability of the coastal bank.
Mr. Jensen reviewed a revised plan that reduced the number of piles from 15 to 9 for the main house and from 8 to 6 for the guesthouse. The depth for each piling will be determined on site. The depth is calculated upon the amount of soil resistance as each piling is installed. The Commission asked why concrete footings and sonotubes would be necessary for the deck supports as they are the closest to the edge of the coastal bank and would require more excavation than piles. Mr. Jensen thought greenheart piles could also be used for the deck supports. He thought the depth of the deck pilings might only be ten feet or so.
After much discussion it was agreed that greenheart pilings will be used for all foundation supports.
Chuck H. shared the comments received from Steve McKenna of Coastal Zone Management for the Cape and Islands as follows:
- As outlined, the greenheart piles foundations will not adversely affect the stability of the coastal bank—versus concrete footings and sonotube foundations.
- Steve recommended adding the following to the special conditions:
- Have a specific building and greenheart pile removal plan approved in advance.
- Include a specific trigger that will start a relocation or de-commissioning plan in motion.~ This will avoid another emergency situation caused by a catastrophic storm or weather event.~ Steve suggested something such as – when the edge of the coastal bank is ten feet from any part of the structures; the relocation or de-commissioning plan will be executed with the Commission’s prior approval and oversight.
- There is a risk posed by the piles.~ If the coastal bank erodes to a point that comes close to exposing the pilings, there is a good chance they will tumble and bring large “chunks” of coastal bank with them.~ This would exacerbate the erosion of the bank.~ This is also why a pre-determined set of trigger circumstances will allow a deliberate removal with minimal damage to the remaining bank’s stability.
The Commission thanked the applicants for their work. Several options for specific conditions that would trigger a deliberate relocation or removal of the development were discussed. The following outlines the final agreements made among all parties. These special conditions will be included with the Order of Conditions:
- The use of greenheart piles for all foundation supports is approved. No concrete sono tubes will be used. The engineer shall provide a final site plan with foundation details that includes an accurate location of the buried tight septic tank.
- The applicant’s engineer shall be on site during all pile driving to ensure the final depth of each pile does not exceed what is actually needed.
- To avoid future emergency actions, when the outer edge of the costal bank is five feet from the outer-most part of the buried, sealed septic tank, the applicant shall return to the Commission within 30 days to review a plan to remove or re-locate the septic tank, decking and the removal of all related support elements including but not limited to the support piles.
- When the outer edge of the coastal bank is seven feet from an outer load-bearing line of any structure, the applicant shall return to the Commission within 30 days to review a plan to remove or relocate all remaining structures and all related support and infrastructure elements.
- Any construction debris shall be stored in a covered dumpster or removed from the site on a daily basis.
- All cinder blocks, old foundation supports and any of the abandoned water well apparatus shall be removed from the site.
- The Conservation Agent shall approve all installed erosion control measures before work begins.
- Any damaged vegetation within 20 feet of the top of the coastal bank shall be restored.
- 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.
- The contact numbers for all contractors shall be given to the Conservation Agent before work begins.
- An on-site conference shall take place among the Conservation Agent and all contractors to review this Order before work begins.
- A copy of this Order shall be available on site at all times during construction.
A motion was made to accept the special conditions. The motion was seconded and unanimously approved with six in favor.
ADMINISTRATION:
The October 19 Meeting Minutes were approved as presented by consensus.
The following documents were signed:
Cert. of Compliance Blue Heron Properties SE 12 – 529; AP 11-23.1.
Cert. of Compliance Blue Heron Properties SE 12 – 576; AP 11-23.1.
With no further business to conduct the meeting adjourned at 1:35 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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