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Conservation Commission Minutes 08/29/12
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Donald Poole, Wesley Cottle, Joan Malkin and Chuck Hodgkinson.  Chris Alley, George Sourati, Patrick Crosgrove, Tom Dellarocco, Ryan Bushey and David and Winki Meen also attended.  Caitlin Jones and Sandy Broyard were absent.  

The meeting came to order at 12:30 PM.  The site visits for the day’s agenda were made on August 28.  

NOI SE 12- 664; CHRIS ALLEY FOR PETER & SUSAN BERNARD                        5 Shotnaigher Lane; Map 34 Lot 1.1:  Ms. Goff opened the public hearing at          12:31 PM.  Mr. Alley summarized the history of the property, its subdivision, areas that have building restrictions and the location of a pond and two Bordering Vegetated Wetlands.  He then reviewed the plan to renovate an existing single-family dwelling, relocate a bathroom and reconfigure the driveway and parking area with associated site work.  The work is within the 100-foot buffer zones of two Bordering Vegetated Wetlands.  The closest activity is 25 feet from a wetland edge.

The Commission asked about the foundation support for the relocated bathroom.         Mr. Crosgrove said he would prefer a 6-foot basement foundation because it would then be able to accommodate a composting toilet at some time in the future.  He added about 8,000 sq. ft. of existing asphalt driveway and parking area would be removed and the new driveway would have a water-pervious surface.  The old parking area would return to a lawn.  A part of the new driveway will remain in the buffer zone but will be farther from the wetland edge than the current driveway.  A small deck-porch will be added to the front entrance.  A portion of this deck will be within the outside edge of the 100-foot wetland buffer zone.

After brief discussion and with no comment from the public a motion was made to close the hearing at 12:46 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 relocated bathroom shall have a 6-foot basement foundation that can accommodate a composting toilet at a future date.  2.   All construction debris shall be stored in a covered dumpster or removed from the site daily.  3.  The hay bales and silt fencing shall be installed and approved by the Conservation Agent before work begins.  4.  This Order shall be reviewed on site among the contractor(s) and Conservation Agent before work begins.  5.  There shall be no underground storage of fuel oil.  The motion was seconded and with no discussion unanimously approved with four in favor.
 
NOI SE 12 - 665; CHRIS ALLEY FOR LAUREN WALTERS; 18 Greenhouse Lane; Map 33 Lot 32:  Ms. Goff opened the public hearing at 12:48 PM.                    Mr. Dellarocco reviewed the plan to sstabilize the Atlantic Ocean Coastal Bank by:         1.   Brush cutting along the top of the bank for equipment access.  2.  Installing sediment fill for three courses of coir logs with jute netting and planting approximately 30,000 beach grass plugs.  A walk-behind bobcat will be used to prepare the lower course.  Wheel barrows will pour the sediment on the rest of the bank.  A white sand fill will be used to build up the grades for beach grass planting.  Approximately two or three feet of the vertical bank top will be removed to create a slope to hold the sediment and plants.  Rosa rugosa will be planted on top of the bank to establish a stabilizing root structure.  The Commission asked if permission has been obtained from the neighbor Mr. Larry Rockefeller to provide vehicle access to the site across his property.  Mr. Dellarocco said he supports the plan and will get his permission in writing.  With no comment from the public 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.  A letter of consent for work vehicular access shall be provided to the Conservation Agent from the neighbor Mr. Larry Rockefeller before work begins.

2.  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.

3.  An on site nmeeting shall take place among the contractor(s) and the Conservation Agent to review this Order before work begins.

  • The coastal bank vegetation may be maintained provided the maintenance plan is reviewed with the Conservation Agent before work begins.  
The motion was seconded and with no discussion unanimously approved with four in favor.

NOI SE 12 – 662 GEORGE SOURATI FOR ROBERT LABAREE;  Menemsha Inn Road; AP 21 – 38.2.  Ms. Goff opened the public hearing at 1:03 PM.  Mr. Sourati reviewed the site plan to build and maintain a beach stairway down the Vineyard Sound Coastal Bank for year-round use.  A four-foot wide walking path from the planned site for a new single-family residence to the stairway is also proposed.  The walkway is in the 100-foot buffer zone of the coastal bank.  A driveway, water well and buried utility lines and related trenching for the proposed new house are also planned.  This activity is within a 100-foot buffer zone of a Bordering Vegetated Wetland and in the second 100-foot section of the Riverfront Zone.

The Commission discussed the proposed location for the beach stairway versus an alternative location to the west.  Mr. Sourati recommended the proposed location because it is a shorter distance down the bank with a steeper slope of approximately 38 degrees.  Mr. Poole added the alternative location is a natural pathway for wildlife, prone to more erosion and should be left as is.  The Commission agreed.  Mr. Sourati added the stairway will be above the existing brush which will need to be pruned for installation.  After additional discussion and with no comment from the public a motion was made to close the hearing at          1:25 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:  

  • Only hand tools shall be used to install the beach stairway in the location shown on the site plan.
  • There shall be no vehicular driving or vehicular access within the 100-foot buffer zone of the coastal bank.
  • The existing, cleared area within the 100-foot buffer zone of the coastal bank may be used as a work staging area for the beach stairway.
  • The pieces of the beach stairs shall be labeled with Map 21 Lot 38.2 so they can be identified if a storm damages or destroys the stairway.
  • The brush underneath the beach stairway shall be pruned to a minimum height of 18 inches in all sections except the small area near the bottom of the stairway.  The brush may be pruned to a minimum height of 7 inches in the small area.
  • The stairs may be maintained provided the maintenance plans are reviewed with the Conservation Agent before work begins.
  • 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.
  • An on site meeting shall take place among the contractor(s) and the Conservation Agent to review this Order before work begins.
  • The hay bales and silt fencing for the driveway, well and utilities shall be installed and approved by the Conservation Agent before work begins.
  • There shall be no underground storage of fuel oil.
FOLLOW UP SE 12 – 661; RYAN BUSHEY FOR BLUE SKY MV, LTD (BLUE HERON FARM); AP 11-23.3:  Mr. Bushey presented a revised site plan for a relocated pool fence as required in the Order of Conditions and requested on August 1, 2012.  The site plan also had a new walkway bridge and path shown that was a requirement of the Zoning Board of Appeals.  It provides a direct line of sight from the house to the pool.  The new path and bridge is within the 100-foot buffer zone of the coastal bank – as is the existing bridge and path which will be removed.  The new path is farther away from the top of the coastal bank as shown on the site plan.  After brief discussion a motion was made to approve the new fence location and bridge and walking path as shown on the site plan dated 8/28/12.  Additionally, the applicant will return with a detailed landscape plan for the area as shown on the site plan before work begins.  The pruning height of the vegetation will also be provided.  The motion was seconded and unanimously approved with four in favor.

CERTIFICATE OF COMPLIANCE SE 12 – 641; 9 Azalea Nominee Trust;           AP 29-8:  Chuck H. shared photographs of the newly constructed garage and photos of the strip of wetland along the west lot line that has not been mowed as conditioned in the Order of Conditions.  After brief discussion a motion was made to accept Chuck H.’s recommendation for complete certification with the following on-going conditions:

  • The garage shall be used for storage and never have any habitable dwelling space.  It will only have electric service – no water, heat or air conditioning.
  • The strip of wetland that runs into the stone wall on the west lot line and shown in the enclosed photo shall not be mowed – with the exception of a four-foot wide walking path at its highest area west of the vegetation edge.
The motion was seconded and unanimously approved with four in favor.

ADMINISTRATION:  

The August 1, 2012 Meeting Minutes were reviewed and approved as presented.  

The following documents were signed:
 
Order of Conditions Bernard; SE 12 – 664; AP 34-1.1.
Order of Conditions Walters; SE 12 – 665; AP 33-32.
Order of Conditions Labaree; SE 12 – 662; AP 21-38.2.
Certificate of Compliance 9 Azalea Nominee Trust; AP 29-8.

With no further business to conduct the meeting adjourned at 2:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.