Skip Navigation
Click to return to website
This table is used for column layout.
Conservation Commission Minutes 09/17/14
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Pam Goff, Chris Murphy, Maureen Eisner, Joan Malkin, Bob Hungerford and Chuck Hodgkinson.  Reid Silva, James Hornblower, Josh Scott, Wendy Weldon, Jim Malkin and Allison Burger also attended.  Wesley Cottle was 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 – 712; REID SILVA FOR JAMES & FIONA HORNBLOWER; LAWRENCE LASSER & WARREN J. SPECTOR; 18 Spruce Gate Rd.; AP 35-1.7, 1.8, 1.9:  Ms. Broyard opened the public hearing at 12:31 PM.  Mr. Silva reviewed the site plan and narrative describing how three separate zones of land on three different abutting properties will be pruned, mowed and managed to open the water view.          Mr. Hornblower has a view easement channel across a section of the Lasser and      Spector-Whitten properties.  This is seeking the renewal an expired view clearing Order of Conditions (SE 12 – 409) for the same purpose.  Pruning and cutting are proposed in a 7,000 sq. ft. wetland and its 100-foot buffer zone.  

Mr. Silva reviewed all three zones and added the lawn in Zone 1 (Mr. Hornblower’s property) will not expand.  It is approximately 15 feet from the wetland edge.  The Commission thought the resource is more of a shrub swamp than a Bordering Vegetated Wetland.  The primary interests to be protected are the wildlife vegetation and habitat and the water storage in the wetland.  Mr. Hornblower added he will not prune any vegetation below the ridge on the Spector property as this does not affect his view.

Mr. Scott asked if a view easement is a water view easement.  The Commission commented it is only interested in the activity affecting the interests protected in the resource areas and respective buffer zones and in this case the proposal is to manage a system – not individual plants.  The letters and emails from Larry Lasser, Michelle Lasser, Margaret Whitten and Warren Spector were read for the record.  Mr. Hornblower said the possible relocation of the Lasser’s garden and the removal of the existing rock piles on the Lasser property will not be done and thus, removed from the scope of work.

After much discussion about the scope of work and with no further comment from the public a motion was made to close the hearing at 1:32 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised site plan dated 8/11/14 with the following special conditions:

  • The wetland and buffer zone are considered water resources in the Chilmark Wetland Protection Bylaw and Regulations.
  • The relocation of the Lasser garden and the removal of the stones on the Lasser property are withdrawn from the scope of work allowed under this Order of Conditions.
  • Zone 1:  No mowing is allowed in this zone.  The vegetation in the proposed “mowing areas” may be power pruned to a height no lower than one foot above ground.  Rocks or some other method will be laid to mark the current edge of    Mr. Hornblower’s lawn and shown on a revised site plan.
Zone 2:  Only selective pruning of vegetation is allowed in this zone to a height no lower than five feet above ground.
Zone 3:  No mowing or brush cutting are allowed in this zone. Selective pruning and trimming of vegetation is allowed to a height no lower than five feet above ground.
All work shall be done prior to March 15 or after October 15 to avoid disturbances during the bird nesting season.
The work shall not be done more frequently than one time per year.
The Conservation Commission shall be notified before any work begins and provided a specific narrative of the planned activities, methods and timing.  An on site conference among the contractor(s) and Conservation Officer shall be scheduled after reviewing the work plan with the Commission and before any work commences.  The Commission and Conservation Officer shall be notified after the conclusion of each phase of work for an on site inspection.  
All debris shall be removed from the resource area and buffer zone by hand.
A copy of this Order shall be given to all contractor(s) before work begins and a copy shall be available on site at all times while work is being done.
  • This maintenance work is allowed in perpetuity provided all conditions of this Order are continually met.
The motion was seconded and with no further comment passed unanimously with seven in favor.

RFD CHRIS ALLEY FOR IRA & MIRIAM WALLACH; 5 Redwing Lane;          AP 25-110:  Mr. Alley reviewed the site plan to install a new water well and related water line in the buffer zone of a Bordering Vegetated Wetland.  The well is approximately 46 feet from the wetland edge.  He added the property currently shares a well with the owner’s main house.  A new dedicated well for this property is needed because it is being sold.  With no comment from the public a motion was made for a negative determination with the condition that hay bales and silt fencing shall be installed between the new well location and wetland to contain well cuttings and approved by the Conservation Agent before work begins.  The motion was seconded and passed unanimously with seven in favor.

NOI SE 12 – 713; REID SILVA FOR KEN & JILL ISCOL; 19 Point Inner Way; AP 33-100:  Ms. Broyard opened the public hearing at 1:52 PM.  Mr. Silva explained this is in response to an Enforcement Order issued on July 29, 2014.  The applicant would like to remove the sand fill that was placed on the beach and salt marsh bordering Nashaquitsa Pond and restore the area to its original condition.  Hand tools and a wheel barrow will be used.  He asked for permission to return at a later date with a plan for protecting the resource area while launching and removing the rowing skulls.  With no comment from the public a motion was made to close the hearing at 1:58 PM.  The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the condition that the plan for the rowing skull activity shall be presented no later than April 1, 2015.  A new Notice of Intent is not required for this plan.  The motion was seconded and with no further discussion passed unanimously with seven in favor.

CERTIFICATE OF COMPLIANCE; SE 12 – 708; JOSH SCOTT FOR PAULA NOE; 2 Young’s Way; AP 25-137 and 29-18:  Chuck H. reviewed photos taken for an Order of Conditions that was issued on 7/16/14 to enhance and maintain the water view from 2 Young’s Way by removing six Red Maple trees and replacing them with 15 native shrubs on the adjacent property (Map 29 Lot 18).  A section of the existing walking path was relocated onto Map 25 Lot 137.  Native shrubs were planted in the path’s original location on the adjacent property (Map 29 Lot 18).  Several invasive Gray Willow, Eastern Red Cedar and Black Cherry trees were removed on Map 25 Lot 137 and selective pruning was also done.  The tree removal and pruning took place in a Bordering Vegetated Wetland and the 100-foot buffer zone for the wetland.  After discussion a motion was made to accept the report and certify the project is in complete compliance with the following on-going conditions:

  • Perpetual maintenance of the view shed is allowed provided the maintenance plans are reviewed with the Conservation Commission before work begins.
  • Perpetual maintenance of the view shed is allowed and this Certificate does not authorize the applicant to access any third party’s property.  It is the applicant’s responsibility to obtain all necessary rights of access.
All future work shall be done by hand and all debris shall be removed from the resource area and buffer zone by hand.
The maintenance of the new path shall be reviewed with the Conservation Agent before work begins.
The native vegetation planted in the old abandoned path shall be maintained and replaced as needed until it is fully established.
 
The motion was seconded and with no further discussion passed unanimously with seven in favor.

CERTIFICATE OF COMPLIANCE; SE 12 – 523; MARIN STREET; 1 Crowberry Lane; AP 14-19.1:  Chuck H. reviewed photos for this septic upgrade and Order of Conditions issued on August 4, 2006.  The Board of Health has also issued a certificate of compliance.  After brief discussion a motion was made to accept this report and declare the project in complete compliance.  The motion was seconded and unanimously approved.

DISCUSSION JIM MALKIN; CHAIR TOWN COMMITTEE ON SQUIBNOCKET:  Mr. Malkin explained the Friends of Squibnocket Pond, LLC submitted a site plan showing new wetland delineations for the Squibnocket parking lot area.  He added that he appreciates the Commission’s desire to hold its opinion until it receives an application and asked for input on four questions:

  • Is the new wetland delineation consistent with the Commission’s approved delineation?  The Commission said this is different than its approved delineation.
  • The Town Committee for Squibnocket has received written answers to several questions.  Will the Commission review the answers and determine if they make sense?  The Commission will take the questions under advisement and respond accordingly.
  • The Committee has been told that if less than 5,000 sq. ft. of wetland is filled the applicant is not required to replicate the wetland elsewhere.  The Commission said the Commonwealth’s Wetland Protection Act is quite clear on this issue.  The Commission is not required to allow a wetland to be filled and past experience has indicated replicated wetlands have not performed as well as natural wetlands.
  • Does the Commission have any history of what residents have been required to do to cross a wetland resource for access to their homes?  The Commission said the solutions for this type of access have evolved over time.  Originally culverts were created for roadways to protect resources.  The DEP then thought larger, box culverts were a better solution than the standard culverts.  This has now evolved to constructing bridges over resources.  For example, Dennis Jason asked for a culvert solution for his driveway and the Commission required him to build a bridge over the wetland to access his house site.
ADMINISTRATION:  

The August 20, 2014 meeting minutes were reviewed and approved as presented by consensus.

The DEP site visit for the Fool’s High Tide Appeal SE 12 – 702 is 9/22/14 @ 1:00 PM.

The following documents were signed:

Order of Conditions Hornblower; SE 12 – 712; AP 35-1.7, 1.8, 1.9.
Order of Conditions Iscol; SE 12 – 713; AP 33-100.
Determination of Applicability Wallach; AP 25-110.
Certificate of Compliance Noe; SE 12 - 708; AP 25-137, 29-18.
Certificate of Compliance Street; SE 12 - 523; AP 14-19.1.
                
The next meeting will be Wednesday, October 1, 2014 @ 12:30 PM.  The Site Visit will take place on October 1 @ 12 noon.   

With no further business to conduct the meeting adjourned at 2:45 PM.

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