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Conservation Commission Minutes 08/06/14
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Pam Goff, Chris Murphy, Maureen Eisner, Bob Hungerford, Wesley Cottle and Chuck Hodgkinson.  Reid Silva, John Abrams, Riggs and Helen Parker and Allison Burger also attended.  Candy Shweder and Joan Malkin were absent.       

The meeting came to order at 12:30 PM.  Ms. Broyard appointed Alternate Commissioner Ms. Eisner as a voting member for the day’s agenda.

NOI SE 12 – 709; REID SILVA FOR EILEEN MAYHEW, TRUSTEE;                     3 Clam Point Cove Road; AP 33-121:  Ms. Broyard  opened the public hearing at   12:30 PM.  Mr. Silva explained this is a vacant, buildable lot and the owner is seeking approval of this stairway to demonstrate it has water access.  The owners plan to sell the lot and have the Order, if approved, transferred with the lot deed to the eventual new owner.  He then reviewed the site plan dated 7/1/14 to construct and maintain a 3-foot wide brush cut and mowed access path and stairway down the coastal bank to the shoreline of Nashaquitsa Pond.  Cedar posts will be used to support the stairway.  The activity is in the 100-foot buffer zone and the resource area of a coastal bank.  The NHESP comments were read for the record.

The Commission commented that access from the base of the stairs to the pond traverses a salt marsh and asked if there is a plan for a raised walkway of some sort to the water’s edge.  Mr. Silva said this application only covers the path and stairway and does not include a walkway.  After brief discussion and with no comment from the public a motion was made to close the hearing at 12:40 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:  1. No work shall begin until the working drawings for the final stairway are reviewed and approved by the Commission.  2.  The mowed     3-foot wide path to the stairway is approved as shown on the site plan dated 7/1/14.        3.  Should access from the stairs over the marsh to the water be desired, a separate plan for water access that protects the salt marsh shall be submitted and approved by the Commission – before the stairs are built and installed.  4.  All construction debris shall be removed from the site daily or stored in a covered dumpster located outside the resource area and 100-foot buffer zone.  The motion was seconded and with no further discussion passed unanimously with six in favor.

NOI SE 12 - 710; CHRIS ALLEY AND JOHN ABRAMS FOR I FOUND MY THRILL, LLC; 74 North Rd.; AP 3-2:  Ms. Broyard opened the public hearing at    12:41 PM.  Mr. Abrams read a letter apologizing for building the shed in this location without first obtaining a permit.  The Commission thanked him for the apology.            Mr. Abrams continued to explain he would like to obtain an Order of Conditions for the shed that was constructed within the 100-foot buffer zone of a Bordering Vegetated Wetland without a permit.  The shed is approximately 58 feet from the wetland edge.  A letter from the Sheriff’s Meadow Foundation was read approving the shed’s location and confirming that it is consistent with the terms of the Conservation Restriction on the property.  The NHESP letter was also read for the record.  With no comment from the public or Commission a motion was made to close the hearing at 12:47 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan and location as built and presented.  The motion was seconded and unanimously approved with six in favor.

NOI SE 12 – 711; REID SILVA FOR BRIAN KENNEY, TRUSTEE; 26 Harbor Hill Rd.; AP 27.1-107:  Ms. Broyard opened the public hearing at 12:48 PM.  Mr. Silva reviewed a revised site plan dated 7/17/14 to construct and maintain two decks, remove a porch and build a new 5’ X 8’ porch, add an outdoor shower, remove and replace two retaining walls with two dry-laid fieldstone retaining walls and expand the dormer on the roof facing away from the Basin and changing the dormer on the Basin side.  The work is in the 100-foot buffer zone of a coastal bank.  The closest activity is approximately two feet from the top of the bank.

Mr. Silva discussed the comments made at the site visit and presented two options for reinforcing the hand railing on the coastal bank side of the current patio.  The Commission preferred Option # 2.  This is an engineered solution that installs a 2” X 10” board length-wise and has a 6 inch poured concrete pad for the stone caps.  This will become the base footing for the hand rail posts.  The patio will be field stone dry-laid in dense mix.

Abutter and land owner Riggs Parker asked if the railing and proposed deck on the north side impede upon the easement access to the existing stairway down the coastal bank.  This is not shown on the plan.  Helen Parker asked if the foundation will be replaced.  Mr. Silva said that is not the current plan and mentioned if a new foundation is deemed necessary, the owner will return with a new application for that work.  The Commission asked about water drainage under the deck and outdoor shower as well as roof water runoff.  Mr. Silva said he proposes placing gravel under the deck and outdoor shower to contain erosion and added the current roof has gutters to the ground.  With no additional comment from the public a motion was made to close the hearing at 1:22 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as discussed with the following special conditions:

  • This Order shall not be issued until a revised site plan is provided with the final dimensions of the decking and the easement boundaries are shown.
  • Option # 2 dated 8/5/14 for the railing support system is approved.
  • If external work on the foundation is required, the applicant will submit a new Notice of Intent for that work.
  • If cutting or pruning of the vegetation on the coastal bank or within 100 feet of the top of the bank is desired, a complete plan for cutting and maintaining the vegetation shall be submitted under a Notice of Intent before pruning is done.
  • Both the field stone and the raised wooden deck shall be water pervious.  Gravel shall be placed under the deck and outdoor shower to contain erosion down grade.
  • Roof water runoff and point source discharge shall drain away from the coastal bank – to the east.
  • A wooden snow fence with a siltation barrier on the uphill side shall be installed between the work area and the top of the coastal bank and approved by the Conservation Agent before work begins.
  • All construction debris shall be removed from the site daily or stored in a covered dumpster that is located in the parking area on the east (down-grade) side of the house.
The motion was seconded and with no further discussion passed unanimously with six in favor.

ADMINISTRATION:  

The Order of Conditions for SE 12 - 702; Fool’s High Tide, LLC; AP 32-68.1 was reviewed.  After discussion it was agreed the Order of Conditions for denial was ready for signature.  

The July 16, 2014 meeting minutes were reviewed and approved as presented by consensus.  The July 23, 2014 meeting minutes were reviewed.  A few minor changes were made.  The amended minutes were approved by consensus.

Ms. Burger explained the Town Committee for Squibnocket was seeking comment and regulatory advice from all the Town Boards and asked if the Commission would like to provide input.  After discussion the Commission thanked Ms. Burger and said it does not think it would be appropriate for the Commission to comment hypothetically as whatever plan is brought forward will require an Order of Conditions.

Chuck H. reviewed a request from Hugh Weisman seeking permission to allow road race parking on the field next to the Menemsha School.  He added the field is dry and no rain is forecast for Saturday’s race.  The Commission agreed to allow parking on the field for one day this year because it is dry.  They would require temporary fencing of some sort that prohibits parking within 50 feet of the pond.

The following documents were signed:

Order of Conditions SE 12 - 702; Fool’s High Tide, LLC; AP 32-68.1.
                Order of Conditions SE 12 - 709; Mayhew; AP 33-121.
Order of Conditions SE 12 - 711; Kenney; AP 27.1-107.
Order of Conditions SE 12 - 710; I Found My Thrill, LLC; AP3-2.

The next meeting will be Wednesday, August 20, 2014 @ 12:30 PM.  The Site Visits will take place on August 19 @ 12:30 PM.  

With no further business to conduct the meeting adjourned at 2:05 PM.

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