FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Pam Goff, Wesley Cottle, Joan Malkin, Bob Hungerford and Chuck Hodgkinson. Chris Alley, Kris Horiuchi, George Brush, David Damroth, Peter Tamm, Greg Ehrman, Wendy Weldon, Barbara Lee and Reid Silva also attended. Chris Murphy was absent.
The meeting came to order at 12:33 PM. The site visits were made on September 3rd.
NOI SE 12 - 694; CHRIS ALLEY FOR DOUGLAS LIMAN; 34 Blacksmith Valley Rd.; AP 35-38: Ms. Goff confirmed the voting members for this hearing as herself and Commissioners Malkin, Cottle and Hungerford and opened the continued public hearing at 12:34 PM. Ms. Goff explained that the Commission has not yet received an opinion from the Zoning Enforcement Officer regarding the relevance of Town Zoning Bylaw Article 12 to this application. Consequently, the Commission will only rule on the activity that is within the jurisdiction of the Wetland Protection Act and Town’s Wetland Protection Bylaws.
Mr. Alley summarized the previous discussion and reviewed a proposed new location for the barn and fencing on a revised site plan dated September 4, 2013. The barn’s new location is 239 feet from the wetland edge to the north and 165 feet from the swamp and wetland on the pond shore to the south. The proposed electric fence and a portion of the one-acre of grazing land within the fence are within the 100-foot buffer zone of the Bordering Vegetated Wetland. The closest section of fencing is 51 feet from the wetland edge. Mr. Alley explained that the existing cedar tree and stone wall near the barn location will remain in place. The Commission commented the barn is not within the jurisdiction of the Wetland Act or Wetland Protection Bylaws.
With no questions from the Commission the hearing was opened to public comment. Ms. Weldon asked if the barn will obstruct access to the Pond. Mr. Alley said it will not as the barn will be on the side of the path.
The Commission commented that in the previous hearing concerns were raised about stocking rates. An article published by UMass. was cited that provides broad guidelines for best management practices for managing stocking rates while outlining the variables affecting the suggested livestock densities. The Commission concluded if the land use for this pasture follows best management practices it should allay any worries about the potential adverse impact of grazing on the wetlands.
Mr. Tamm, attorney for the applicant thanked the Commission for its consideration and added the owner wants to be a good steward and is open to a reasonable condition that calls for periodic monitoring of the pasture and its use. He added the owner has agreed the barn’s use will have no storage of hazardous materials or have any machinery repair work performed in the barn. It will be used as shelter for the animals, watering and storing related feed if any.
Mr. Brush, attorney for the abutters asked for confirmation the Commission is not acting on any jurisdiction that may be provided in Article 12 of the Town’s Zoning Bylaw. Ms. Goff confirmed today’s area of jurisdiction as stated earlier and added if there are finer legal issues that need to be addressed subsequent to the Commission’s deliberations we will take them up at a later date.
Mr. Damroth mentioned there is a pig pen area and goats that are currently grazing within 100 feet of a wetland – with no fencing. Mr. Tamm offered the owner is prepared to agree to confine any grazing to the second 100-foot section of the 100-foot buffer zone. Ms. Goff brought the discussion back to topic and said we must focus on what’s in front of us in the application. She added the Commission can separately investigate grazing intensity in other locations. Mr. Tamm said he will make sure the grazing is confined.
With no further public comment a motion was made to close the hearing at 1:17 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the activity within 100 feet of the wetland edges as proposed on the site plan dated 9/4/13 with the following conditions: 1. The Commission or is representative has permission to inspect the activity within the 100-foot resource buffer zone to determine whether or not the activity is harming the interests protected by the Wetland Protection Act and Chilmark Wetland Protection Bylaws. 2. The inspections shall determine whether or not the activity within the 100-foot resource buffer zone has compromised the ability of the buffer zone to protect and maintain the wetland resource. The motion was seconded and with no
further discussion passed unanimously with four in favor. At the Commission’s request Mr. Tamm agreed to send a follow up letter for the file stating there will be no grazing within a 100-foot buffer zone without the Commission’s prior approval.
NOI (NO DEP FILE # - TOWN BYLAW JURISDICTION ONLY) REID SILVA FOR SARAH GLAZER KHEDOURI; 14 Yardarm Lane. AP 24-227: Ms. Broyard opened the public hearing at 1:35 PM. Mr. Silva reviewed the plan to remove the existing 3-bedroom house and replace it with a new 3-bedroom house. A portion of the house with a frost wall, four-foot deep crawl-space foundation, a screened porch and a covered porch with slab-on-grade foundations, a grade-level terrace and a proposed septic tank and pump chamber with related trenching to the leach field are within the 100-foot buffer zone of the 100-year flood line. The activity is approximately 70 feet from flood line and 138 feet from the wetland edge. This buffer zone is regulated in Section 2.10 of the Town’s Wetland Protection Bylaws.
Mr. Silva added there is no vegetation plan at this time and said a separate application may be filed to open a view shed to the pond. This however will not be prepared until the new house is framed—assuming it is approved. There will only be minimal grading around the perimeter of the new house to channel rain water runoff away from the foundation. He confirmed the application is not within the jurisdiction of the NHESP as the area is already developed.
With no public comment or questions a motion was made to close the hearing at 1:46 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 3/13/13 with the following special conditions: 1. To protect wildlife habitat no alterations to existing vegetation within the 100-foot buffer zone of the 100-year flood line is allowed without prior Commission approval. 2. Construction fencing defining the limit of work 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 that is located outside the resource area and buffer zone. 4.
There shall be no underground storage of fuel oil. 5. An on-site conference shall take place among the Conservation Agent and contractor(s) to review this Order before work begins. 6. A copy of this Order shall be available on site at all times. The motion was seconded and with no further discussion passed unanimously with six in favor.
CERTIFICATE OF COMPLIANCE MICHAEL R. & CHRISTINE S. WALSDORF (NANCY E. KIDD ORDER OF CONDITIONS); SE 12 – 671; 11 Greenhouse Lane; AP 33-151: Chuck H. reviewed photos of this project. The Order of Conditions was issued in December 2012 to abandon and fill the existing 3-bedroom cesspool and upgrade the septic system that is in the buffer zone of a Bordering Vegetated Wetland. The closest activity for the new system is approximately 73 feet from the wetland edge. After brief discussion a motion was made to accept the report and declare the project in full compliance. The motion was seconded and passed unanimously with six in favor.
DISCUSSION REID SILVA FOR JOHN AND GAYLE LEE; SE 12 – 693; 1 Clam Point Cove Road; AP 33-120: Mr. Silva thanked the Commission for its time and explained he did not attend this hearing because his second son was born the night before. The Commission congratulated Mr. Silva and asked to see pictures when it’s convenient. Mr. Silva reviewed special condition # 4 as outlined in the Order of Conditions and agreed this is correct as specified in the Town’s Bylaw. He however asked the Commission to reconsider the requirement of placing the walkway grate decking the higher of 3 ½ feet above ground or 6 inches above the height of the salt marsh grass. He explained the Bylaw was written to protect the salt marsh at a time when these types of walkways were built
with dock planking. This method did not provide sufficient light penetration for the vegetation below. He explained if the walkway was built as conditioned side railings would need to be added and thus, creating a 6-7 foot high structure. He commented the new fiberglass grating that will be used for the decking will allow between 50-60 percent of the light to reach the salt marsh grass and asked if the condition could be modified accordingly.
In discussion the Commission agreed the new technology for the walkway grating allows 50-60 percent light penetration thus allowing the vegetation below to continue to thrive. Consequently, a motion was made to change Special Condition # 4 as follows: The raised walkway grating shall be at least 6 inches above the height of the mature salt marsh grass. The motion was seconded and with no discussion passed unanimously with six in favor. Chuck H. will send a letter outlining this change for filing with the Order at the Registry of Deeds.
DISCUSSION KRIS HORIUCHI FOR RICHARD KAUFFMAN; No DEP file # - Local Bylaw Only; 20 Chappaquoit Rd.; AP 24-211: Ms. Horiuchi explained she would like to review the landscaping details for the two Special Conditions issued with this Order. The lot will be re-developed with construction in the 100-year flood buffer zone. The special conditions are: 1. A cross section diagram of the stone walls and raised beds shall be provided and approved by the Commission before work begins. 2. A detailed landscape plan with photos outlining what vegetation will be removed and what will be planted along with a maintenance plan.
A site Plan labeled Kauffman-Jewett Landscape Plan L1.0 dated 9/3/13 was reviewed. Ms. Horiuchi explained they would like to make the following adjustments: 1. Eliminate the solid retaining wall and raised grass area to the west as originally proposed and replace it with a ground-level deck with sono-tube support posts. 2. Keep the retaining wall to the east (as shown on the site plan in black lines) and have gravel footings instead of solid concrete. This will allow for water drainage. 3. Expand the restored section of sand plain meadow by planting blue stem, switch grass and native fescue. 4. Remove the autumn olive bushes as shown on the site plan. The hedge of plants in front of the house will be removed by machine to make sure the root systems are removed. All other autumn olives will be removed by hand. A silt fence will be installed between the removed hedge of autumn olive bushes and the meadow to contain the topsoil. 5. Mow the meadow between the months of
October and March. The Commission asked the mowing take place between the months of November and March to protect the ground bird nesting season. Ms. Horiuchi agreed to the change.
A motion was made to approve the plan as presented with the mowing change. The motion was seconded and with no further discussion passed unanimously with six in favor.
ADMINISTRATION:
The August 7, 2013 meeting minutes were reviewed and unanimously approved as presented.
The following documents were signed:
Order of Conditions Liman; SE 12 – 694; AP 35-38.
Order of Conditions Khedouri; No DEP File #, Local Bylaw Only; AP 24-227.
Certificate of Compliance Walsdorf (Kidd); SE 12 – 671; AP 33-151.
The next meeting will be Wednesday, September 18, 2013 @ 12:30 PM.
With no further business to conduct the meeting adjourned at 2:35 PM.
Respectfully prepared by Chuck Hodgkinson, C.A.S.
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