Skip Navigation
Click to return to website
This table is used for column layout.
Conservation Commission Minutes 03/20/13
FINAL
Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Vice Chairman, Wesley Cottle, Joan Malkin, Candy Shweder and Diana DeBlase.  Natalie Conroy, Tarja McGrail, Lars Jensen, Eddie Bendavid, George Crawford, Chris Alley, Reid Silva, David Hill, Doug Dowling and Sarah Brown also attended.  Pam Goff, Chris Murphy and Chuck Hodgkinson were absent.    

The meeting came to order at 12:30 PM.  Vice Chairman Broyard was appointed Chairman for the day’s agenda.  The site visits were made on March 19.   

RFD REID SILVA FOR JAMIE ATKINS; 80 State Road; Map 30 Lot 6:  Mr. Silva summarized the need to re build the roadway from State Road to the house.  The Commission agreed and discussed several observations made at yesterday’s site visit that should be corrected as they do not follow the conditions issued for SE 12 – 663 -- the project to dig a basement foundation and build a small addition to the house.  The excavated spoils from the foundation were placed on the roadway rather than trucked from the site.  This is what caused the roadway to need stabilization as the heavy rains are creating a great deal of mud that is draining though the hay bales into the wetland.  Also, an extra row of hay bales should be added to the roadsides before any road work is done.  Mr. Silva agreed.  There was also some debris and a sunfish sailboat stored outside the hay bales and silt barriers behind the house and in the wetland.  These items should be stored in a proper location.  The Commission agreed to have a separate letter sent to the owner to rectify the issues.

Mr. Silva returned to the roadwork and said heavier rock tailings should be placed on the road bed in the low areas to build the base before the hardener is added and graded.  The Commission agreed.  After brief discussion a motion was made for a negative determination with the following special condition:  An additional row of hay bales with silt fencing added or repaired shall be installed along both sides of the roadway near the entrance from State Road and from the new well to the house.  The hay bales and silt fencing shall be approved by the Conservation Agent before work begins.  The motion was seconded and with no further discussion passed unanimously with four in favor.

RFD DOUG DOWLING FOR TOM LANGMAN ET AL; 8 Salt Meadows; Map 21 Lot 52.2:   Mr. Dowling reviewed a revised site plan dated 3/19/13 indicating the proposed 12’ X 20’ tool shed is 77 feet from the wetland edge.  He added the shed will have a concrete slab-on-grade foundation and electric service.  No heat, insulation or water service will be needed.  He also reviewed the renovation plans for the main house that include adding a shed roof dormer and re-roofing and re-shingling the structure.  The house is also in the buffer zone of a Bordering Vegetated Wetland.

After brief discussion a motion was made for a negative determination with the condition that all construction debris be placed in a covered dumpster or removed from the site daily.  The motion was seconded and without discussion passed unanimously with four in favor.


CONTINUED PUBLIC HEARING NOI SE 12 - 682; CHRIS ALLEY FOR LUCY BEACH, LLC; 11 Azalea Lane; AP 29-7:   Ms. Broyard confirmed the four Commissioners are eligible voters and opened the continued public hearing at 12:50 PM.  Mr. Alley reviewed the comments made at the last hearing regarding the unpermitted activities in the wetland that were observed during the site visit.  He said all of these items will be corrected.  He added the proposed deck walkway between the two larger decks has been removed from the plan.  This area will have stepping stones with grass.

Mr. Crawford reviewed a revised site plan from Kristen Reimann dated 3/19/13 and a revised decking plan dated 3/20/13.  He pointed out the total area of decking will increase + 150 sq. ft. from 835 sq. ft. to 985 sq. ft.  The deck will be supported with sonotube foundation posts as needed.  The spa has been relocated to the southwest side of the house.  The Commission asked if the spa chlorine water could be neutralized before draining and that it be drained with a hose long enough to be outside the 100-foot buffer zone of the coastal bank.  Mr. Crawford agreed this could be done.   

With no comment from the public a motion was made to close the hearing at 1:20 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised plans as presented with the following special conditions:

  • The following unpermitted activities in the wetland resource shall be corrected as outlined before work begins:
  • The wood shed on the north side of the house shall be removed.
  • The propane tank adjacent to the parking area that is in the wetland shall be removed.  Four propane tanks will be installed next to the house as allowed by the Town’s gas regulations.
  • The planter along the east side of the house shall be removed and replaced with stepping stones and grass.
  • The concrete and stone walkway to the pond shall be removed and replaced with stepping stones and gravel.
  • The air conditioning condensers that are adjacent to the driveway and in the wetland shall be removed and relocated outside the resource area.
  • The spa water shall have the chlorine neutralized before it is drained.  The drain hose shall release the water outside the 100-foot buffer zone from the top of the coastal bank.
  • The total decking area shall increase from 835 sq. ft. to 985 sq. ft. as shown on the site plan.  It will be placed on a concrete sonotube foundation as needed.
  • Hay bales and silt fencing shall be installed between the work area and wetland edge and approved by the Conservation Agent before work begins.
  • All construction debris shall be stored in a covered dumpster that will be placed in the driveway area or removed from the site daily.
The motion was seconded and with no further discussion passed unanimously with four in favor.

DISCUSSION COASTAL ENGINEERING FOR NATALIE CONROY;                 SE 12 – 640; 22 Greenhouse Lane; AP 33-33:  Ms. McGrail summarized that this is a follow up discussion to review plans for the dwellings as required in special conditions    # 3 and 4 of the Order of Conditions issued on November 2, 2011.  This is required because of severe erosion of the Coastal Bank that occurred during Hurricane Sandy and the following 3-day nor’easter.  Ms. McGrail presented an outline for three phases of progressive remedial actions for removing the buildings as coastal erosion continues over time.  Phase 1 will start immediately.  The guesthouse will be removed and the above-ground tight septic tank will be installed under the main house.  The existing concrete septic tank will remain in place.  Phase 2 will trigger when the southern-most row of piles is exposed.  The southern half of the main house will then be removed.  The remainder of the house will be supported by the remaining two rows of piles.  Phase 3 will trigger when the current middle row of piles is exposed.  At this time, all remaining buildings and infrastructure shall be removed from the site.  She added the piles exposed to the weather will be flush cut at grade level and removed when they are exposed and their removal will not further destabilize the bank.  The above-ground tight septic tank below the main house has been approved by the Town’s Board of Health.  They are waiting for DEP approval before it can be installed.  Mr. Silva pointed out the above-ground tank must be anchored and secured lest the plumbing connections will break if the tank moves.  The Commission asked Ms. McGrail to revise the outline to include these points.

After much discussion of the outline a motion was made to approve the plans as proposed provided the outline is revised as discussed and the trigger points are clarified for each Phase.  The motion was seconded.  In discussion the Commission discussed the following special conditions that should be added to the plan:

The revised execution outline for Phases 1, 2, and 3 dated (to be determined) is approved with the following additional requirements and conditions:

  • Phase 1 shall begin as soon as possible.  The above-ground tight septic tank shall be installed once all approvals are received from the Chilmark Board of Health and Commonwealth DEP.  If the above-ground tight tank does not receive all required approvals the applicant shall return to the Commission with a plan for removing the main house.  The installed hay bales and silt fencing plus a detailed plan for all aspects of Phase 1 shall be reviewed on site among the contractor(s) and Conservation Agent before work begins.
  • To avoid the risk of destabilizing the costal bank further, the existing concrete tight septic tank shall be disconnected and remain in place until the bank erodes to the point where it falls onto the beach.  Within two weeks after the tank falls onto the beach a specific removal plan for the concrete tank and all related hardware shall be provided to the Commission.
  • Phase 2 shall be triggered when any currently below-grade portion of any of the southern-most row of support piles is exposed to weather. The installed hay bales and silt fencing plus a detailed plan for all aspects of Phase 2 shall be reviewed on site among the contractor(s) and Conservation Agent before work begins.  A specific plan with equipment needs for the removal of the support piles shall be provided.  The piles shall not be removed until ten feet of a pile is fully exposed to weather.
  • Phase 3 shall be triggered when any currently below-grade portion of any of the second row (middle row as shown on the site plan) of piles is exposed to weather. The installed hay bales and silt fencing plus a detailed plan for all aspects of Phase 3 shall be reviewed on site among the contractor(s) and Conservation Agent before work begins.  A specific plan with equipment needs for the removal of the support piles shall be provided.  The piles shall not be removed until ten feet of a pile is fully exposed to weather.  All remaining infrastructure and materials shall be removed from the site.
  • The Commission shall make a site visit to inspect the site after each of Phases 1, 2 and 3 are executed.
The motion was seconded.  In discussion the Commission agreed that an all-inclusive follow up letter for SE 12 – 640 will be sent with all of the final documents to the applicant and DEP for the record to make sure the plan is clearly understood.  The motion came to a vote and passed unanimously with four in favor.

DISCUSSION TEA LANE NURSERY FOR SWB LIMITED PARTNERSHIP;     SE 12 – 630; 8 Greenhouse Lane; AP 33-30:  Mr. Hill presented a maintenance plan for this Order of Conditions that was issued to stabilize the coastal bank with a soft solution.  He would like to replicate the plan that was initially executed.  It calls for rows of staked coir logs on the bank.  A sediment fill of 2:1 sand to clay mixture will be added as sediment to the bank to create the 45 degree slope needed to hold the plantings.  Jute netting will cover the sediment and beach grass plugs will be planted 8 inches on center through the jute netting.

The Commission asked how the sediment will be brought to the bank.  Mr. Hill said they will dump the fill on the paved driveway on the west side of the house and use wheel barrows to bring it to the top of the bank.  All work will be done by hand on the bank.  He would like to start the week of March 31st.

After brief discussion a motion was made to approve the maintenance plan as presented.  The motion was seconded and unanimously approved with four in favor.

DISCUSSION TEA LANE NURSERY FOR WHALE HILL, INC.  (ROCKEFELLER); SE 12 – 536; 16 Greenhouse Lane; AP 33-31:  Mr. Hill explained this is a maintenance proposal for an Order of Conditions that was issued to also stabilize the coastal bank with a soft solution.  He said the methods and materials will be the same as the previously approved plan for 8 Greenhouse Lane.  The only difference will be that a 10-foot wide path will need to be cut through the brush on the east side of the house to provide access to the coastal bank for adding the sediment mixture.  He said when the work is complete the path will be re-vegetated with native material such as bayberry, beach plum and viburnum.  He also said that he does not yet have final approval from the owner but expects to receive it shortly.  This plan will be executed in two phases – part will be planted in the spring and the balance in the fall.  After brief discussion a motion was made to approve the plan as presented with the condition that the Conservation Agent is contacted for an on-site review of the plans before the spring and fall work is done.  The motion was seconded and without discussion passed unanimously with four in favor.    

ADMINISTRATION:  

The March 6, 2013 meeting minutes were reviewed and approved as presented by consensus.

The next meeting will be held on Wednesday, April 3 @ 12:30 PM.

With no further business to conduct the meeting adjourned at 2:28 PM.
Respectfully prepared from an audio tape and submitted by Chuck Hodgkinson, C.A.S.