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Conservation Commission Minutes 06/20/12
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Wesley Cottle, Caitlin Jones and Diana DeBlase for Chuck Hodgkinson.  Chris Alley, George Sourati, Patrick Ahearn, Ben Robinson, Joan Malkin, Reid Silva and Jane Anderson also attended.  Donald Poole was absent.  

The meeting came to order at 12:30 PM.  Ms. Goff appointed Ms. Jones as a voting Commissioner for the meeting.  The site visits for the day’s agenda were made on       June 19.  

NOI SE 12 – 654; CHRIS ALLEY FOR PETER MOSES; 11 East Lane; AP 32-72:  Ms. Goff opened the public hearing at 12:30 PM.  Mr. Alley summarized the plan as follows:  Demolish the existing single-family residence – a portion of which is within the 100-foot buffer zone of a Bordering Vegetated Wetland.  A new home and a guesthouse will be built outside the buffer zone.  There will be some construction vehicle activity in the buffer zone during construction of the new dwellings.  A re-landscape plan will also be developed for the buffer zone.  The closest activity is approximately 70 feet from the wetland edge.  

After discussion of the site visit observations and with no comment from the public a motion was made to close the hearing at 12:37 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. All construction debris shall be removed from the site daily or stored in a covered dumpster.  2.  Snow fencing with a silt fence backing shall be installed along the current lawn/vegetation edge between the work area and wetland and approved by the Conservation Agent before work begins.  3.  Existing lawn area in the buffer zone shall be restored.  Additional landscaping must be reviewed by the Commission. 4.  Construction equipment shall access the site from the east.  No heavy equipment shall be in the lawn area toward the wetland.  5.  An on-site meeting shall take place among the Conservation Agent and contractor(s) to review this Order before work begins.  6.  There shall be no underground storage of fuel oil.  The motion was seconded and with no discussion passed unanimously with four in favor.

NOI SE 12 - 656; REID SILVA FOR MAE BALABAN; 35 Menemsha Crossroad;      AP 26-137, 138:  Ms. Goff opened the public hearing at 12:43 PM.  Mr. Silva summarized the plan to install a drip dispersal septic system in the buffer zone of a Bordering Vegetated Wetland.  The closest activity is approximately 4 feet from the wetland edge.  The existing septic and leaching trenches that are also in the wetland buffer zone will be abandoned.

After brief discussion and with no comment from the public 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 following special conditions:  1. The Conservation Agent and contractor(s) shall have an onsite meeting to review this Order before work begins.  2.  The hay bales and silt fencing shall be installed and approved by the Conservation Agent before work begins. 3.  All construction debris shall be removed from the site daily or stored in a covered dumpster each day.  The motion was seconded and with no discussion passed unanimously with four in favor.

NOI SE 12 – 653 GEORGE SOURATI FOR SWB LTD. PARTNERSHIP;                8 Greenhouse Lane; AP 33-30:  Ms. Goff opened the continued public hearing at       12:55 PM to review the second portion of the Notice of Intent – a proposed beach access stairway.  Mr. Sourati reviewed a proposed new location for the beach stairway down a coastal bank to the Atlantic Ocean as shown on a site plan dated July 19, 2012.  It is designed for year-round use.  

The Commission discussed the site visit and the new location.  This location is in a much more stable portion of the coastal bank and will minimize disturbance.  With no comment from the public a motion was made to close the hearing at 1:15 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the proposed new location and design as shown on the site plan dated July 19, 2012 with the following special conditions.  The special conditions outlined for the proposed stone wall as approved on May 22 will also be included in the Order of Conditions as follows:  

Stone Wall:  Site Plan dated 5/5/12

1.  A 24-inch opening in the wall is permitted.
2.  A snow fence with siltation barrier shall be installed on the north side of the wall and left in place until the wall’s construction is finished.  
3.  The Conservation Agent shall inspect the installed snow fence and silt barrier before work begins.

Beach Stairway:  Site Plan dated 6/19/12

  • The stairs are for year-round use.
  • The vegetation under the stairway shall be cut to a height of not less than 18 inches above existing grade.
  • At least ¾ inches of space shall be left between the deck planks to allow for ample light penetration.
  • The lower sections and pieces of the stairway shall be labeled with                  “Map 33 Lot 30” should the stair be destroyed by storms.  This enables the Town to identify and contact the stairway owner for beach cleanup.
  • Only hand tools shall be used during construction and maintenance.
  • The stairway may be maintained provided the maintenance plans are reviewed with the Conservation Agent before work begins.
  • An on-site meeting shall take place among the Conservation Agent and the contractor(s) to review this Order before any work begins.
The motion was seconded and with no further discussion passed unanimously with four in favor.

NOI SE 12 - 655; CHRIS ALLEY FOR STEPHEN MERKEL AND ROBIN SHANUS; 17 Howell Lane; AP 27-1.1, 1.3, 3; AP 30-76:  Ms. Goff opened the public hearing at 1:25 PM.  Mr. Alley summarized the plan as follows:  Replace overhead utility wires with underground wires.  Several existing utility poles will be removed.  Approximately 620 feet of underground service will be trenched within the 100-foot buffer zone of a Bordering Vegetated Wetland.  Approximately 900 sq. ft. of this trenching will also be within the first 100 feet of a Riverfront Zone and 600 sq. ft. will be within the second 100 feet of the Riverfront Zone.  The closest activity is approximately 10 feet from the wetland edge.  

The Commission asked whether or not the abutting property owners have given permission for the work on their land.  Mr. Alley said they will grant permission but it is not yet in writing.  The Commission also discussed and agreed the buried power lines is an activity that will not present a permanent disturbance within the riverfront zone.  With no comment from the audience a motion was made to close the hearing at 1:40 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. The Conservation Agent and contractor(s) shall have an on-site meeting to review this Order before work begins.  2.  No work may proceed without first providing written letters of consent or a valid easement for the work proposed on abutting property owner’s land.  3.  The utilities trench shall be dug and filled in as quickly as possible to minimize erosion caused by rain.  4.  The hay bales and silt fencing shall be installed and approved by the Conservation Agent before work begins.  5.  All construction debris shall be removed from the site daily or stored in a covered dumpster each day.  6.  There shall be no underground storage of fuel oil.  7.  There is no significant comment from the NHESP.  The motion was seconded and with no discussion approved unanimously with four in favor.

NOI SE 12 - 657; CHRIS ALLEY FOR STEPHEN MERKEL AND ROBIN SHANUS; 17 Howell Lane; AP 27-3:  Ms. Goff opened the public hearing at 1:50 PM.  Mr. Alley reviewed the plan to re-develop the property by demolishing the existing dwelling and building a new, larger dwelling.  The existing garage will be replaced with a new structure in the same footprint.  A bike/boat shed and a separate study are proposed as new structures.  The replaced garage and proposed new study are the only structures within the 100-foot buffer zone of a Bordering Vegetated Wetland—approximately 40 and 98 feet from the wetland edge respectively.  All of the other structures and parking area are outside the buffer zone but will disturb approximately 4,000 sq. ft. of the second 100-foot section of a Riverfront Zone.  There will be some construction disturbance for foundations within the wetland buffer zone.  

The Commission discussed the observations made at the site visit.  With no public comment a motion was made to close the hearing at 2:05 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. The Conservation Agent and contractor(s) shall have an on-site meeting to review this Order before work begins.        2.  The hay bales and silt fencing shall be installed and approved by the Conservation Agent before work begins.  3.  The garage shall have no plumbing, water or electric service unless building code requires a light for the entrance.  4.  A hard scape plan shall be provided to the Conservation Agent before work begins.  5.  A complete landscape management plan shall be provided and approved before a Certificate of Compliance shall be issued.  6. All construction debris shall be removed from the site daily or stored in a covered dumpster each day.  7.  There shall be no underground storage of fuel oil.     8.  There is no significant comment from the NHESP.

The motion was seconded and after brief discussion approved unanimously with four in favor.  

DISCUSSION CHRIS ALLEY AND TOM TATE FOR ADAM ZOIA; SE 12 – 604; 18 Point Inner Way; AP 33-114:  Mr. Tate explained the current location of the auxiliary generator violates Chilmark’s zoning setback bylaw and must be relocated to an area that is at least 50 feet from a lot line.  The new location will abut the southwest corner and side of the structure that is facing the center of the lot and indoor pool and pool structure.  He added the generator would be placed in an underground concrete bunker with a grating and hardware cloth over the top to help attenuate mechanical noise.  After discussion a motion was made to approve the proposed new location.  The motion was seconded and unanimously approved with four in favor.

Mr. Tate said he would have as built site plans including the irrigation systems plumbing in a few weeks.

ADMINISTRATION:  

The request for a three year extension for the Helena Collins’ Order of Conditions -       SE 12 – 588; 26 Hammett Road; AP 8-2 will be deferred to the next meeting when Mr. Sourati can explain the revised site plan – as conditioned in the Order.

The May 22, 2012 Meeting Minutes were approved as presented by consensus.  

The next two meetings will be July 11 and July 18 @ 12:30 PM because of the July 4th holiday.  The site visits for both meetings will be held on July 10.

The following documents were signed:
 
Order of Conditions Moses SE 12 – 654; AP 32-72.
Order of Conditions Balaban SE 12 – 656; AP 26-137, 138.
Order of Conditions SWB Ltd. Partnership SE 12 – 653; AP 33-30.
Order of Conditions Merkel, Shanus SE 12 – 655; AP 27-1.1, 1.3, 3; 30-76.
Order of Conditions Merkel, Shanus SE 12 – 657; AP 27-3.

With no further business to conduct the meeting adjourned at 2:25 PM.  

Respectfully submitted by Diana DeBlase and Chuck Hodgkinson, C.A.S.