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Conservation Commission Minutes 04/17/13
FINAL
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Chairman, Sandy Broyard, Vice Chairman, Joan Malkin, Candy Shweder and          Chuck Hodgkinson.  Reid Silva, Ryan Kurth and George Sourati were also present.  Chris Murphy and Wesley Cottle were absent.   

The meeting came to order at 12:30 PM.  The site visits were made on April 16.   

RFD; JOAN MALKIN; 10 Tilton Cove Way; AP 25-124, 125:  Ms. Malkin recused herself which resulted in having only three members available to vote – less than the minimum four for a quorum.  Ms. Malkin suggested and the Commission agreed to postpone the discussion to the May 1 meeting.  

RFD RYAN KURTH FOR ERIC SIMONSEN; FLANDERS LANE NOMINEE TRUST; 37 Flanders Lane; AP 26-23:  Mr. Kurth outlined the plan to expand the footprint of an existing well house by four feet.  The addition will be placed on a cinder block foundation that will be three feet below grade.  A bobcat will be used for the excavation.  The activity is approximately 10 feet from the edge of a Bordering Vegetated Wetland.  The Commission asked if the well and well house can be relocated farther from the wetland edge.  Mr. Kurth explained the pressure tanks and water filter are also located in the well house.  The expansion will provide room to service the equipment.  He added this is the best location for the well because the septic system is on the other side of the house toward Flanders Lane.  

After much discussion about the observed wetland and buffer zone mowing and the leaves that were deposited in the wetland a motion was made for a negative determination with the following special conditions:  1. Hay bales and silt fencing shall be installed between the work area and the wetland and approved by the Conservation Agent before work begins.  2.  All excavation spoils shall be removed from the site daily.  3.  All debris shall be removed from the site daily or stored in a covered dumpster.  The motion was seconded and with no further discussion passed unanimously with four in favor.

An additional motion was made to issue an Enforcement Order to the owner calling for an immediate cease and desist of all mowing in the wetlands and buffer zones.  Additionally, a plan must be submitted by June 1 for removing the leaves and cut tree logs in the wetland.  If a view maintenance plan is desired, a Notice of Intent must be submitted outlining the specific pruning and mowing areas, methods, machinery and timing.  The motion was seconded and with no further discussion passed unanimously with four in favor.    

NOI SE 12 – 687; REID SILVA FOR NANCY KIDD; 11 Greenhouse Lane;           AP 33-151:    Ms. Goff opened the public hearing at 12:46 PM.  Mr. Silva presented a revised site plan dated 4/17/13 to construct a 362 sq. ft. bluestone patio and install an in-ground spa that is approximately 19’ X 5’.  The outer patio dimensions around the spa will be approximately 21.5’ X 7’.  The activity is approximately 67 feet from the edge of a Bordering Vegetated Wetland.  He added the spa will be 40 inches deep and the related filtering equipment will be located in the house basement.  The existing wooden deck will be removed.  The area will become a lawn with steps added to the entry way.  The Commission commented how it preferred this revised location that is farther from the wetland than originally proposed.  After discussion and with no public comment 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 revised site plan dated 4/17/13 as presented with the following special conditions:

  • The existing wooden deck shall be removed and planted with grass.  Entry steps will be added.
  • The new patio north of the spa shall be dry laid bluestone.
  • All construction debris shall be removed from the site daily or stored in a covered dumpster located away from the wetland edge.
  • All excavation spoils shall be removed from the site daily.
  • Hay bales and silt fencing shall be installed as shown on the revised site plan dated 4/17/13 and extended across the front of the house and past the location of the wooden deck.  The hay bales and silt fencing shall be approved by the Conservation Agent before work begins.  
  • The hay bales and silt fencing shall be maintained and left in place until the newly seeded lawn is established.
  • An on site conference shall take place among the Conservation Agent and all contractor(s) to review this Order before work begins.
  • A copy of this Order shall be available on site during all construction.
  • If and when the spa water is emptied the water chlorine shall be neutralized and then pumped to a drainage location that is outside the 100-foot wetland buffer zone.
The motion was seconded and with no further discussion passed unanimously with four in favor.

NOI SE 12 – 688; REID SILVA FOR REBECCA LESSER; 2 Salt Meadows;         AP 21-52.1:  Ms. Goff opened the public hearing at 1:04 PM.  Mr. Silva reviewed the site plan dated 12/17/12 to install and maintain an upgraded septic system.  The activity is approximately 46 feet from the edge of a Bordering Vegetated Wetland.  Mr. Silva also presented a sample of the sub-surface Presby wastewater treatment system piping.  He explained this system is preferred because of the perched water table caused by high concentrations of clay that is 88 inches below grade.  The Presby piping will be one foot below grade and fulfill the amount of separation from the water table as required by the Board of Health.  If approved, a raised leaching field will not be needed.  The effluent will eventually flow below ground to the tidal salt marsh past Nickerson Farm Road.  This flow will therefore not overload the resource area with nutrients.

He explained that an eight-inch thick layer of wooden crane matting will be placed on the ground for heavy equipment access around the stone wall to the septic site.  The disturbed areas will be roto-tilled and seeded.

After discussion and 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 plan as presented and dated 12/17/12 with the following special conditions:

  • All construction debris shall be removed from the site daily or stored in a covered dumpster located away from the wetland edge.
  • All excavation spoils shall be removed from the site daily.
  • An 8” thick layer of wooden crane matting shall be installed for heavy equipment access around the stone wall to the work site.
  • Hay bales and silt fencing shall be installed as shown on the site plan dated 12/17/12 and located between the equipment access path and matting, the work area and the wetland.  The hay bales and silt fencing shall be approved by the Conservation Agent before work begins.
  • The disturbed area shall be roto-tilled and seeded when the work is completed.
  • The hay bales and silt fencing shall be maintained and left in place until the newly seeded meadow is established.
  • An on site conference shall take place among the Conservation Agent and all contractor(s) to review this Order before work begins.
  • A copy of this Order shall be available on site during all construction.
The motion was seconded and with no discussion passed unanimously with four in favor.

NOI SE 12 – 684; GEORGE SOURATI FOR NATALIE CONROY; 22 Greenhouse Lane; AP 33-33:    Ms. Goff opened the public hearing at 1:25 PM.  Mr. Sourati explained this is a follow up Notice of Intent for an Emergency Certification that was issued for the work on 2/12/13.  The plan added beach nourishment of matching river rock sediment at the base of the coastal bank to stabilize the erosion and protect the house that is 8 feet from the edge of the bank.  Approximately 3.5 feet of additional river rock was added on top of the existing cobble.  This is in response to severe coastal bank erosion caused by Hurricane Sandy.

The Commission read the six special conditions that were issued for the other two abutting properties that received the same nourishment program.  After brief discussion and with no public comment a motion was made to close the hearing at       1:30 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:

  • This Order is for the work permitted under an Emergency Certification issued on 2/12/13 for erosion caused by Hurricane Sandy.
  • The amended site plan dated 2/8/13 is approved.
  • No on-going maintenance of the beach nourishment or river rock is permitted as proposed in the Notice of Intent under this Order of Conditions.
  • If at a future date the Owner wants to perform maintenance or add beach nourishment an application for an Amended Order of Conditions for SE 12 – 684 shall be submitted with the required abutter notification and advertising for a public hearing to review the existing site conditions and proposed work.
  • The Commission reserves the right to inspect the coastal bank and beach to assess how the beach nourishment and river rock is performing.  If it is determined by the Commission that the work is not performing as planned (i.e. as beach nourishment without adverse impacts to the resource) and is performing more as a coastal engineering structure thus adversely affecting the resource area and its environs, the Commission may require the Owner to remove the work and restore the area to its condition prior to the work or implement any other exit strategy as may be deemed necessary.  If it is determined the work is not performing as planned, a restoration and exit plan shall be determined among the Commission and Owner within 30 days of this decision.
  • 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.
The motion was seconded and with no additional discussion passed unanimously with four in favor.
 
ADMINISTRATION:  

The Commission discussed that it’s time to rotate the Chair position.  A motion was made to appoint Vice Chairman Broyard as Chairman and Commissioner Shweder as Vice Chairman effective May 1, 2013.  The motion was seconded.  In discussion it was revealed that both nominees attended the same high school and it was a terrific slate.  The motion passed unanimously with four in favor.  The Commission also unanimously thanked Ms. Goff for her patience, leadership and poise as the newer members gained experience.  
   
The April 3, 2013 meeting minutes were reviewed and approved as presented with four in favor.

The following documents were signed:
Order of Conditions Kidd; SE 12 – 687; AP 33-151.
Order of Conditions Lesser; SE 12 – 688; AP 21-52.1.
  Order of Conditions Conroy; SE 12 – 684; AP 33-33.
RFD Flanders Lane Nominee Trust; AP 26-23.

The next meeting will be held on Wednesday, May 1, 2013 @ 12:30 PM.

With no further business to conduct the meeting adjourned at 1:40 PM.
Respectfully prepared by Chuck Hodgkinson, C.A.S.