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Conservation Commission Minutes 04/04/12
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Sandy Broyard, Dick Smith, Wesley Cottle (arrived @ 12:50 PM), Caitlin Jones, Donald Poole and Chuck Hodgkinson.  Chris Alley, Joan Malkin, Barbara Armstrong, Roberta Morgan, Debbie Hancock, Paul Mayhew, George Crawford, Heikki Soikkeli and Martha Cottle also attended.  Richard Steves was absent.  

The meeting came to order at 12:30 PM.  The Commission appointed Pam Goff as acting Chair.   Caitlin Jones and Wesley Cottle were appointed as voting members for the day’s agenda. The site visits were made on April 3.  

RFD PAUL MAYHEW; 1 Sassafras Lane; AP 26-139:  Mr. Mayhew summarized the plan to remove the existing drainage culvert that runs under his driveway and parallel to Menemsha Crossroad and replace it with a new culvert.  The activity is within a 100-foot buffer zone of a Bordering Vegetated Wetland and approximately 120 feet from a perennial stream that runs through a concrete culvert under Menemsha Crossroad.  John Keene Excavation will do the work.  The Commission discussed the site visit.  A subsequent motion was made for a negative determination.  The motion was seconded and unanimously approved with five in favor.

FOLLOW UP DISCUSSION CARLOS MONTOYA FOR SWB PARTNERSHIP;                8 Greenhouse Lane; AP 33-30:  Mr. Montoya explained he is presenting a follow up site plan with detailed planting descriptions as requested by the Commission.  He will review work for three issues:
 
  • An Enforcement Order issued in 2011 for un-permitted work done in the buffer zones of the coastal bank and a wetland.  Mr. Montoya said the re-vegetation planting will begin immediately.
  • The negative Determination of Applicability with conditions that allowed a blue stem meadow to be planted within the buffer zones of a perennial stream and wetland and;
  • A second Enforcement Order that called for removing an un-permitted stone wall that was erected in a wetland buffer zone and the need to remove the stone wall and re-vegetate the disturbed area.  Hay bales will be installed to control erosion runoff until the new plantings are established.  Mr. Montoya mentioned the re-vegetation planting in this area will also begin immediately.
After discussion a motion was made to approve all three plans as presented.  The motion was seconded and approved with four in favor and one abstention (Mr. Poole).

CONTINUED HEARING NOI SE 12 - 646; REID SILVA FOR BLUFF HOUSE
DYNASTY REALTY TRUST; 78 Squibnocket Ridge; AP 35-1.1:  Eligible voters:  Pam, Sandy, Dick, Donald, Wesley, Caitlin.  Mr. Cottle arrived at 12:50 PM.  Ms. Goff opened the continued public hearing at 12:50 PM.  Mr. Silva reviewed a revised site plan dated 4/4/12 and explained the changes made to the previous plan.  The activity will remodel and expand the existing single-family dwelling including the addition of a wrap-around, covered porch and build a new, detached garage.  The bedroom count and existing septic system for the property will remain as is at five bedrooms.  All of the proposed work is in already disturbed or mowed areas and in the 100-foot buffer zones of several Bordering Vegetated Wetlands and a fresh water pond.  The closest activity is approximately 55 feet from the wetland edges.  The changes were discussed as follows:

  • The tear down and renovations to the existing dwelling, breezeway and garage will use the existing basement foundations.
  • The addition to the dwelling will have a crawl space foundation – not a basement foundation.
  • The detached garage will have a slab-on-grade foundation—not a full basement.
  • The soil drainage is good to a depth of five feet.  Catch basins at a 6 foot depth are proposed to collect roof water runoff.
  • Siltation barriers and construction fencing will be installed to protect the resources.
The Commission reviewed the independent consultant’s analysis and report dated     March 12, 2012.  It added that the large lot size (12.2-acres) has a significant amount of resources that will continue to perform and preserve the values of the wetlands.  After discussion a motion was made to close the hearing at 1:02 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised plan as presented and dated 4/4/12 with the following special conditions:  1. As this is a speculative plan dated 4/4/12, the owner’s representative shall return to the Commission to review the final overall development plans before work begins.  2.  The basement foundations on the existing structures shall remain as is.  A crawl-space foundation shall be placed under the proposed house addition.  A slab-on-grade foundation will be placed under the detached garage.  3.  The fertilizing restrictions as outlined in Article 12 of the Town’s Zoning Bylaws shall be followed.  4.  A 10-foot buffer of native vegetation shall be planted on the house side of the fresh water pond.  5.  There shall be no underground storage of fuel oil.  The motion was seconded and with no discussion approved unanimously with six in favor.

CONTINUED HEARING NOI SE 12 - 645; REID SILVA FOR PAUL DI MAURA;    26 Basin Road; AP 27.1-125, 126:  Eligible voters:  Pam, Sandy, Dick, Donald, Wesley.  Ms. Goff opened the continued hearing at 1:05 PM.  Mr. Silva explained that Paul DiMaura is no longer sponsoring the permit application but, the property owner would like to continue the permitting process to conclusion.  The Commission noticed several abutters were present and asked Mr. Silva to review the proposed changes to the plan for their benefit and comment – even though the final assessment and report from the independent consultant is not yet ready.

Mr. Silva outlined the resources that are affected by this proposal as follows:  There is an inland wetland buffer zone, a buffer zone to a salt marsh and salt marsh coastal bank and the 100-foot buffer zone of the top of the coastal bank for Menemsha Basin.  He added that the land is at elevation 9 for the salt marsh 100-year flood zone and elevation 10 for the Menemsha Basin 100-year flood zone.

Mr. Silva highlighted a revised site plan dated 4/3/12 with the following attributes:

  • The limits of work with hay bales and silt fencing.  All vehicle staging and parking areas will be confined to the lot.  He added no work will be done during periods of rain.
  • The new house will be approximately ten feet closer to Basin Road as shown on the original plan.  The basement foundation facing Basin Road was changed from the previous plan and pulled back and away from the road by approximately ten feet.  The remaining ten feet of structure will be supported with sonotube foundations and posts.  
  • The current structure has 826 sq. ft. of habitable space that includes a 3-season room.  The total area including the deck is 1,138 sq. ft.
  • The proposed new structures will have 1140 sq. ft. of habitable space with   230 sq. ft. of decking which totals 1,370 sq. ft. (+232 sq. ft. versus the current structures).
Abutter Barbara Armstrong asked if any construction can be avoided during the summer months, will the disturbed areas be hydro-seeded and wanted to make sure all of the construction workers and their vehicles are confined to the lot.  After discussion the Commission requested the hearing be continued to a later date to receive more information from the independent consultant.  Mr. Silva agreed and asked if it could be continued to April 18, 2012 @ 12:40 PM.  A motion was made to accept the request.  It was seconded and unanimously approved with five in favor.

NOI SE 12 - 651; RUSSELL SMITH FOR DONALD SMITH; 16 Harbor Hill Rd.;       AP 27.1-104:  Ms. Goff opened the public hearing at 1:25 PM.  Mr. Smith summarized the plan to repair and improve an existing septic system.  Hay Bales and silt fencing will be installed between the excavation and Menemsha Basin.  The work is in the 100-foot buffer zone of Menemsha Basin.  The closest activity is 43 feet from the water’s edge.  He added there is no change to the seasonal use of the home.  The existing 1,000 gallon cesspool is under the north side of the house.  The plan is to convert the existing tank into a septic tank for solids with a gravity feed pipe to a new 750-gallon tank on the south side of the house.  All work along the costal bank will be done by hand.  The site visit was discussed.  With no public comment a motion was made to close the hearing at 1:35 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. Hay bales shall be installed between the work area and Menemsha Basin and approved by the Conservation Agent before work begins.  2.  The un-used excavation spoils shall be placed directly into a dump truck and removed from the site.  3.  The Conservation Agent shall be notified before work begins and be on site during key work stages.  4.  Work in front of the house along the top of the coastal bank will be done by hand.  The motion was seconded and with no further discussion passed unanimously with six in favor.

NOI SE 12 – 650; CHRIS ALLEY FOR RICHARD LOCHRIDGE; 2 Stone Ridge;       AP 25-130:  Ms. Goff opened the public hearing at 1:37 PM.  Mr. Alley summarized the plan to construct a detached bedroom in the buffer zone of a Bordering Vegetated Wetland.  The closest activity is 63 feet from the wetland edge.  The structure will be    16’ X 32’ (512 sq. ft.) have one bedroom, one bath and a walk-in closet. It will be connected to the water, septic and power supply of the main house.  He added the tennis court was built in 1988.

The Commission asked if the wetland across Stone Ridge drains into a coastal pond and connects with the lower wetland that is south of the main house.  If so, that also triggers the zoning restrictions for construction in the shore zone as defined in the zoning bylaws.  Mr. Alley commented this is not in the Commission’s jurisdiction as it is a zoning regulation.  The Commission reminded Mr. Alley it can request any additional information when considering an application.

The Commission discussed the site visit and pointed out the lot and buffer zone have extensive development of a garage, shed, tennis court, septic system and now a proposed detached bedroom.  There is an alternative location on the property that is completely outside the 100-foot buffer zones.

Architect George Crawford commented the foundation could be changed to a sonotube foundation and the roof water runoff can be channeled into dry wells.  The Commission commented it is concerned with the impact the cumulative, incremental development of the area might have on the buffer zone and wetland recharge performance.  There are many impervious structures in the buffer zone.  The values of the wetland and buffer zone resources as defined in the Town’s Bylaws were read for the record.  There are storm damage prevention, road pollution filtering and wildlife habitat benefits of the affected resources.

Mr. Alley requested a continuance to May 2, 2012 @ 12:30 PM to consider the Commission’s comments and discuss them with the owner.  A motion was made to accept the request.  The motion was seconded.  It was discussed that an additional site visit might be prudent on May 1.  The motion passed with a unanimous vote of six in favor.
 
DISCUSSION MARTHA COTTLE – CHILMARK POND OPENING:  Ms. Cottle summarized the history of the Chilmark Pond openings and how the entrance cut has been occasionally dredged on the pond side to provide better water flow.  The previous two dredging projects were done in 1982 and again in 2004.  She added the pond’s recent opening was not successful because of the sand sediment at the cut and said the pond commissioners would like to dredge the cut which would take about three days to finish.  The sand sediment will be used to re-build the dune on the east side of the opening.  The Commission reviewed the 1904 Act and the permitted rights to periodically open the pond and agreed this activity is within the rights of the Commissioners as outlined in the 1904 Act.  They asked to be notified when the work will be done and to check for breeding shore birds before the work is planned.  

DISCUSSION CHRIS ALLEY FOR ADAM ZOIA; SE 12 – 604; AP 33-114:  Mr. Alley summarized the 3/21/12 discussion about the irrigation systems and reviewed an updated site plan for the cisterns system.  There are two cistern locations each with a 24,000 gallon capacity (total 48,000 gallons of water storage).  After much discussion the Commission requested the following:

  • Please justify why 48,000 gallons of cistern water storage is needed to permanently irrigate the planned 0.75-acre lawn.
  • The cistern plan and plumbing diagram was accepted.  The contractor shall notify the Conservation Agent and Doug Cooper, the Environmental Monitor when the final cistern plumbing is installed and not covered with fill.  The Commission wants to make sure the cistern system is not connected to either of the underground 5,000 gallon filtered ground-water tanks.
  • They asked that the cistern irrigation system be used as soon as possible during the first two years of root establishment—to reduce the amount of ground water well supplied irrigation as previously allowed until July 2014.
 ADMINISTRATION:  

The March 21, 2012 Meeting Minutes were approved as presented by consensus.  

Chuck H. reviewed photos of the hydro-raking that began at Shepherd’s Path;               SE 12 – 637; AP 24-1.  The Commission agreed the work is being done according to plan.

Huppert walkway and pier Chilmark Pond; SE 12 – 634; AP 24-193, 195:  As conditioned, Reid Silva reviewed the final plans for the raised walkway and pier with fiberglass grating.  The Commission approved the plan as presented.

The following documents were signed:  

Determination of Applicability Mayhew; AP 26-139.
Order of Conditions SE 12 – 651 Smith; AP 27.1-104.
Order of Conditions SE 12 – 646 Bluff House Dynasty; AP 35-1.1.
Coleman CR – Municipal Certification form; AP 18-92.2, 92.3.

With no further business to conduct the meeting adjourned at 3:05 PM.

Respectfully submitted by Chuck Hodgkinson, C.A.S.