FINAL
Present for the Conservation Commission and attending the meeting were: Pam Goff, Sandy Broyard, Donald Poole, Dick Smith, Wesley Cottle, and Chuck Hodgkinson. Reid Silva, Heikki Soikkeli, Debbie Hancock, Alec Gale, Marina Lent, David Norton and Alan Porter and several additional fire fighters also attended. Richard Steves and Caitlin Jones were absent.
The meeting came to order at 12:30 PM. Ms. Goff was appointed as acting Chair. Wesley Cottle was appointed as a voting member for the day’s agenda. The site visits were made on March 6.
RFD MATT DIX FOR MV LAND BANK COMMISSION; off Tea Lane; AP 12-4.1, 38.2: Chuck H. explained Mr. Dix asked for a postponement to the March 21 meeting. A motion was made and seconded to accept the request. With no discussion it passed unanimously with five in favor.
NOI SE 12 – 647; REID SILVA FOR ROSE MORNING GLORY, LLC; Wequobsque Rd.; AP 30-113: Ms. Goff opened the public hearing at 12:40 PM. Mr. Silva summarized the plan to relocate an existing dwelling away from an eroding coastal bank and remove the existing foundation and septic tank. The current structure and septic tank are within the 100-foot buffer zone of the coastal bank. The proposed new location for the dwelling is outside the 100-foot buffer zone and within an area identified as potential habitat for endangered state-listed species and wildlife. After discussion about the site visit and with no comment from the public a motion was made to close the hearing at 12:48 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. There shall be no underground storage of fuel oil. 2. A row of hay bales and silt fencing shall be installed between the structure and the coastal bank and approved by the Conservation Agent before work begins. 3. All concrete, construction debris and abandoned septic equipment shall be removed from the 100-foot buffer zone of the coastal bank and from the site. 4. The work is approved as conditioned provided there is no significant comment from the NHESP. The motion was seconded and with no discussion approved unanimously with five in favor.
NOI SE 12 – 648; REID SILVA FOR DAVID AND JOAN BOYD; 80 State Road; AP 30-6: Ms. Goff opened the public hearing at 12:50 PM. Mr. Silva summarized the plan to abandon and fill the existing cesspools that are approximately 44 feet from the edge of a Bordering Vegetated Wetland. Install a new, upgraded septic system in a location that is 90 feet from the edge of a Bordering Vegetated Wetland. Install a new well and water line. The water line will be trenched down the road a portion of which is filled wetland. After discussion of the site visit observations and with no comment from the public a motion was made to close the hearing at 12:54 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with
the following conditions: 1. There shall be no underground storage of fuel oil. 2. The hay bales and silt fencing as shown on the site plan shall be installed and approved by the Conservation Agent before work begins. 2. The excess fill from the excavation shall be trucked off site. The motion was seconded and with no discussion approved unanimously with five in favor.
RFD REID SILVA FOR TIMOTHY BRODERICK AND ALEC GALE; Basin Rd.; AP 21-1.5: Mr. Silva summarized the plan to install and maintain a 1500 gallon underground holding tank between the existing building and the paved surface of Basin Road. The location is approximately 50 feet from Dutcher Dock and in the Menemsha Basin buffer zone. He added the building will be converted into a wholesale fish processing facility. The Commission asked Mr. Silva to clarify what will drain into the holding tank versus what will drain directly into Menemsha Basin. Mr. Silva explained the two sinks draining into the holding tank will be for gray water resulting from cleaning and sanitizing the fish cleaning utensils. The sink and floor drains that feed into the
harbor will be for the fish slime and blood. The fish carcasses will be stored in containers and used for bait for the local fishermen.
The Commission asked Health Inspector Marina Lent to comment. She added this project cannot be permitted by the Town’s Board of Health. It is not a retail food establishment. It must be approved by the Commonwealth who will also inspect the operations from time to time. Mr. Poole added there are strict federal health regulations for fish processing. The Commission evaluated and discussed the excavation and disturbance caused by the tight tank installation. The building lies between the tank’s location and the Basin. A subsequent motion for a negative determination was made with the following conditions: 1. The excavation spoils shall be placed in a dump truck during work. 2. Any excess fill shall be trucked from the site. The motion was seconded
and with no discussion passed unanimously with five in favor.
NOI SE 12 – 645; REID SILVA FOR PAUL DI MAURA; 26 Basin Road; AP 27.1- 125, 126: Ms. Goff opened the continued public hearing at 1:07 PM and pointed out all five Commissioners are the eligible voters for this continued hearing. Mr. Silva summarized the plan to expand the existing single-family dwelling; install a new, larger septic system and install a new buried water line. The existing septic leach pit will be abandoned and filled. Several retaining walls are proposed. All of the proposed work is in the 100-foot buffer zone of a Bordering Vegetated Wetland and salt marsh or within the 100-foot buffer zone of a coastal bank.
The letter dated March 7, 2012 from Mark Manganello of LEC Consulting was reviewed. It requested additional information before a formal opinion on the project’s impact on the resources could be provided.
Mr. Soikkeli clarified the construction vehicle and materials staging area will be within the 100-foot buffer zone of the coastal bank. There will also be some excavation in this buffer for the septic system and water line. The structure is outside the coastal bank buffer zone. He added the current living space is 812 sq. ft. and will be expanded + 350 sq. ft. The footprint will be 1050 sq. ft. of basement foundation with 300 sq. ft. of deck space – supported with concrete sonotubes.
Mr. Silva requested a continuance to April 4 @ 12:45 PM to allow more time to provide the additional information needed for the consultant’s final report. A motion was made to accept the request. It was seconded and with no discussion passed unanimously with five in favor.
DISCUSSION DAVID NORTON AND CHILMARK FIRE DEPARTMENT; Town Hall lot; AP 26-99: The Commission asked why a section of the wetland buffer zone was filled and a metal storage container installed without a permit and why the work did not stop as requested by the Conservation Agent. Chief Norton explained he did not think it was necessary because there used to be a small garage located where the storage container was placed. The Commission explained this activity still requires a Request for Determination of Applicability. One of the firemen commented the wetland does not meet the DEP’s specifications and therefore does not require a permit. The Commission pointed out the Commonwealth’s Wetland Protection Act does not recognize a wetland resource that has an area less
than 5,000 sq. ft. The Town’s Wetland Protection Bylaws are more stringent and recognize all wetlands and also considers the 100-foot wetland buffer zone a water resource and thus, does require a permit. Chief Norton added the storage container needs to be in close proximity to the fire trucks for easy access to the equipment. Some beach-related equipment will also be stored in the unit.
Chuck H. pointed out the Commission ordered a stone wall removed from a wetland buffer zone because the area was cleared of vegetation in order to install the wall. In this case, the section of buffer zone under question was already cleared and previously had a structure in the same footprint.
After much discussion the Commission agreed to allow the storage container to remain provided the Fire Chief file a Request for Determination after the fact and include a landscape plan for the area. The Chief apologized to the Commission and agreed.
ADMINISTRATION:
The February 15, 2012 Meeting Minutes were approved as amended by consensus. The following documents were signed:
Determination of Applicability Broderick, Gale; AP 21-1.5.
Order of Conditions SE 12 – 648; Boyd; AP 30-6.
Order of Conditions SE 12 – 647; Rose Morning Glory LLC; AP 30-113.
With no further business to conduct the meeting adjourned at 2:05 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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