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Conservation Commission Minutes 02/05/14
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Pam Goff, Bob Hungerford, Joan Malkin and Chuck Hodgkinson.  Maureen Eisner, Chris Alley, Kris Horiuchi, Tom Tate, Chris Kennedy, Sandy Alexander, Reid Silva, Norman Rankow and Rosalie Hornblower also attended.      Wesley Cottle, Chris Murphy and Candy Shweder were absent.       

The meeting came to order at 12:32 PM.

NOI SE 12 – 696; REID SILVA FOR S. FAIN HACKNEY, 15 Round Pond Rd.;     AP 35-1.5:  Mr. Silva reviewed the subdivision-approved building envelope and limit of the archaeological scrape and survey that was performed several years ago.  The survey revealed two areas of archaeological no impact zones within the building envelope.  Randy Jardin of the Wampanoag Tribe asked that these sensitive areas be protected with an extra two feet of fill.  The limit of the building envelope is within an area that was already cleared.  There is also an additional section of clearing and meadow outside the building envelope.  

The house is under construction and this proposal is to construct a built-in swimming pool, pool fence, bluestone terrace and a sub-surface drain -- portions of which are within the 100-foot buffer zone of a 7,900 sq. ft. Isolated Wetland.  The closest section of the fencing will be approximately 36 feet from the wetland edge and a corner of the pool will be approximately 80 feet from the wetland edge.  Mr. Silva explained the Town’s zoning regulations stipulate an owner cannot apply for a pool special permit until at least two years have lapsed from the date of the house’s occupancy permit.  If approved, the proposed activity within the buffer zone and installed in the near future will be the pool fence as shown on the site plan that will also act as a dog fence, the planned lawn will be planted and a sub-surface water drainage pipe with a 10’ X 2’ gravel water diffusion area.  The Massachusetts Historical Society also mandated a three-foot wide area would need to be stripped and surveyed for the fence location and installation.

Abutter Rosalie Hornblower commented on how much disturbance this house construction has caused and questioned its impact on wildlife habitat.  The NHESP project assessment was read for the record and indicated the project as proposed will not adversely affect the Resource Area Habitat nor result in a prohibited “take” of state-listed rare species.  Three abutter letters were also read for the record -- from Rosalie and Harriet Hornblower and Margaret Whitton.  The Commission commented the fence enclosure will also help protect the resource area from the dog.

With no further comment from the public a motion was made to close the hearing at 12:55 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented and shown on the site plan dated 11/27/13 with the following special conditions:  1. Staked hay bales with silt fencing shall be installed as soon as possible along the border of the existing meadow that is cleared and the existing vegetation.  The Conservation Agent shall be notified to approve the installation when it’s completed.  2.  The Conservation Agent shall inspect the performance and any erosion at the 10’ X 2’ gravel diffusion trench one year after it is installed and identify any problems that may affect the performance of the resource area.  3.  As outlined in Article 12 of the Town’s Zoning Bylaws the use of any fertilizers, herbicides, fungicides, pesticides and chemical septic cleaners is prohibited.  4.  There shall be no underground storage of fuel oil.  The motion came to a vote and with no discussion passed unanimously with four in favor.

NOI SE 12 - 697; CHRIS ALLEY FOR NICHOLAS NEGROPONTE; 0 Signal Hill Lane; AP 34-1.3:   Ms. Broyard opened the continued public hearing at 1:11 PM.  Mr. Alley reviewed a revised site plan from Horiuchi Solien dated 2/4/14 that reflected comments made at the last meeting.  The proposal was revised based upon the last meeting.  The detached bedroom was moved farther north and is now completely outside the 100-foot buffer zone.  Also, no additional clearing for a meadow in front of the detached bedroom will take place within the buffer zone.  A limit of construction line was drawn inside the limit of work line.   This area represents the land that will be stripped of topsoil and cleared for construction.  There will be some landscaping work performed in the area between the limits of construction and work lines.  The existing meadow grass will be not be removed in the landscape area.  The septic tank and pump chamber will be located within the 100-foot buffer zone and approximately 75 feet from the wetland edge.  Mr. Tate said the excavated foundation material will be used to create a temporary berm for water drainage from the gravel roadway.  Two temporary water catch basins can also be installed as hand drawn on the site plan.  These features would only be in place during construction and are outside the buffer zone.

Mr. Kennedy representing the Trustees of Reservations who holds the Conservation Restriction (CR) on the property asked about roof water runoff.  Mr. Tate said gutters and downspouts are planned to drain the water underground “to air” away from the house and toward the down slope and meadow.  Mr. Kennedy also expressed concern over the amount of glass facing the pond, night sky light pollution and the longer term view maintenance plan.  Mr. Tate said the windows will have a low-glare glass and have automatic interior shades.  The only outside lighting will be ground lights.  No side-mounted exterior lights will be installed on the house.

With no further public comment 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, discussed and dated 2/4/14 with the following special conditions:

  • Construction fencing with a double-stacked row of staked hay bales and silt fencing on the inside of the bales shall be installed along the limit of construction line and between the low-grade areas within the limit of work and the wetland.  This erosion control barrier shall be approved by the Conservation Agent before work begins.  The barrier shall be maintained in good condition for the duration of all construction and final grading -- or longer as may be determined when construction is completed.
  • The excavated foundation material shall be used to construct a berm located behind the house (northeast).  The berm will manage water drainage coming from the bluestone roadway.  Two temporary drainage basins shall be installed as hand-drawn in red on the site plan.  Water filtering bladders will also be installed to contain silt runoff.  The berm, drainage basins and water bladders shall be approved by the Conservation Agent as soon as they’re installed.
  • A temporary drainage swale will not be constructed at the limit of work in front of the house (southwest).
  • Before the site landscaping commences a site visit among the Conservation Agent, landscape architect and landscape contractor shall take place to evaluate the site condition and erosion controls that shall remain in place until the landscaping and meadow grasses are established.
  • Any planned site management or view maintenance plans that may take place within the Commission’s jurisdiction shall be reviewed with the Conservation Agent and/or the Commission before any plans are approved or work begins.
  • When final approval is provided by The Trustees of Reservations a copy of the agreements, conditions and management plans shall be given to the Conservation Agent.
The motion came to a vote and with no further discussion passed unanimously with four in favor.

ADMINISTRATION:  

The January 15, 2014 meeting minutes were reviewed and unanimously approved as presented.

The draft Request for Determination of Applicability policy outlining criteria when an application may not need to be filed was reviewed.  After discussion a motion was made to approve the policy with one minor change.  The motion was seconded.  In discussion it was agreed to have a one-year review of the policy’s effectiveness and make adjustments as needed.  The motion and the one-year review passed unanimously with four in favor.

The following documents were signed:

Order of Conditions SE 12 – 696; Hackney, Trustee; AP 35-1.5.
Order of Conditions SE 12 – 697; Negroponte; AP 34-1.3.

DEP Workshop; March 6; 9:30 am – 3:30 pm; West Tisbury Town Hall:  All of the Commissioners agreed to try and attend this workshop.  Chuck H. will try and see if a discussion of performance standards for activity within buffer zones can be added to the agenda.

The next meeting will be Wednesday, February 19, 2014 @ 12:30 PM.  With no further business to conduct the meeting adjourned at 2:05 PM.

Respectfully submitted by Chuck Hodgkinson, C.A.S.