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Conservation Commission Minutes 11/05/14
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Pam Goff, Chris Murphy, Joan Malkin and Chuck Hodgkinson.  Reid Silva, Chris Alley, Jen Jamgochian, Josh Kochin, Gary Garrison and Lenny Butler also attended.  Wesley Cottle, Candy Shweder and Maureen Eisner were absent.        

The meeting came to order at 12:30 PM.  

RFD; JEN JAMGOCHIAN FOR KENNETH H. & JILL ISCOL, TRUSTEES;          19 Point Inner Way; AP 33-100:  Ms. Jamgochian reviewed the plan to install an          8’ X 3’ stone enclosure with a slate floor to house a BBQ grill.  The activity is in the   100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity is approximately 90 feet from the wetland edge.  After brief discussion a motion was made for a negative determination.  The motion was seconded and unanimously approved with four in favor.

NOI SE 12 – 716; CHRIS ALLEY FOR MARGARET SBRIGLIO; 51 Putnam Rd.; AP 8-7:    Ms. Broyard opened the public hearing at 12:35 PM.  Mr. Alley reviewed the site plan to develop a vacant lot by constructing a single-family residence, driveway, stone wall and entrance gate, install underground utilities and install a water well with site grading and associated work.  All of the work takes place in the 100-foot buffer zone of a Bordering Vegetated Wetland and is also within NHESP habitat.  The closest activity is 22 feet from the wetland edge.  He proceeded to review the specific resource areas one of which is an intermittent drainage swale and the other is a significant Bordering Vegetated Wetland.  The Commission commented that oak trees are predominant on the site and there was no evidence of any wetland tree varieties such as maples in the vicinity of the swale or limit of work area.  The details for the stone wall and entrance gate; possible driveway paving and erosion controls were also discussed.

With no comment from the public a motion was made to close the hearing at 12:57 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented with the following conditions:  1. The plan is approved provided there is no significant comment from the NHESP.  2.  Silt fencing with wood fiber logs shall be installed as shown on the site plan dated 10/7/14 and approved by the Conservation Agent (C.A.) before work begins.  These siltation barriers shall be maintained in good condition until the project is completed and the grass is established.  3.  If a portion of the driveway is paved the applicant shall provide the C.A. a water drainage plan for approval before the paving is installed.  4.  If the entrance stone wall is built it will be permeable in a way that allows small wildlife to pass through the wall freely – as with a Chilmark lace stone wall.  The motion was seconded and with no discussion passed unanimously with four in favor.




NOI SE 12 – 717; REID SILVA FOR CYNTHIA MCGRATH; 11 Little Sandy Road; AP 10-3.1:  Ms. Broyard opened the public hearing at 1:02 PM.  Mr. Silva summarized the plan to remove an existing shed; excavate for a guesthouse foundation; install underground utilities and grade and landscape the area as needed.  The activity is in the 100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity is 80 feet from the wetland edge.  He added a garage bay will be built under the guesthouse.  There will be minimal disturbance to the site for the foundation and a small amount of grass will be planted on the disturbed soil.  The Commission discussed the site visit observations and with no comment from the public a motion was made to close the hearing at 1:10 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:  1. The excavation spoils shall be stockpiled outside the resource area and resource area buffer zone.  2.  All construction debris shall be removed from the site daily or stored in a covered dumpster located outside the resource area and resource area buffer zone.  The motion was seconded and with no further discussion passed unanimously with four in favor.

NOI SE 12 -721; REID SILVA FOR SQUIBBY, LLC; 14 Round Pond Rd.;            AP 35-1.12:  Ms. Broyard opened the public hearing at 1:09 PM.  Messrs. Silva, Kochin and Butler reviewed the plan to brush cut around the existing driveway; restore an existing stone wall and mow an area one time/year; relocate a left turn from the road to the residence parking area; transplant native shrubs and grasses and plant native screening shrubs.  The activity is in the 100-foot buffer zone of a Bordering Vegetated Wetland and within NHESP jurisdiction.  The closest activity is one foot from the wetland edge.  The Commission discussed how there are a few areas where wetlands abut sections of the two roadways, how to manage these areas and where to create the expanded meadows.  With no comment from the public a motion was made to close the hearing at 1:38 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan with the agreed roadside meadow modifications as discussed with the following conditions:  1. The plan with changes is approved provided there is no significant comment from the NHESP.  2.  There shall be a no touch area (other than maintaining existing conditions) for the roadway meadow work within 10 feet of any wetland edge.  Brush cutting and rototilling is allowed along the roadside sections > 10 feet from the wetland edges.  3.  The area from the re-built stone wall to the existing snow fence shall be cut one time/year and done after October 15 and before April 1 to protect the bird nesting season.  4.  An as-built landscape plan shall be provided showing the final 1 time/year mowing area labeled with the cutting window dates; the final limits of the roadside meadows and the left turn to the parking area.  The motion was seconded and after brief discussion passed unanimously with four in favor.

NOI SE 12 - 719; REID SILVA FOR POINT INNER TRUST; 20, 21 Point Inner Way; AP 33-98, 101:  Ms. Broyard opened the public hearing at 1:40 PM.  Mr. Silva discussed the proposal to reconstruct and maintain in perpetuity an existing stone retaining wall and walkway.  The activity is in the 100-foot buffer zone of the Nashaquitsa Pond Coastal Bank.  The closest activity is 52 feet from the top of the bank.  The house is between the work area and the coastal bank.  Mr. Silva agreed to place an erosion control barrier outside the deck on the south side of the work area.  With no further discussion and no public comment a motion was made to close the hearing at   1:45 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following condition:  The siltation barrier shall be installed and approved by the Conservation Agent before work begins.  The motion was seconded and with no further discussion passed unanimously with four in favor.

ADMINISTRATION:  

The October 15 meeting minutes were reviewed and approved as presented by consensus.  

The following documents were signed:

Determination of Applicability Iscol; AP 33-100.
Order of Conditions Sbriglio; SE 12 – 716; AP 8-7.
Order of Conditions McGrath; SE 12 – 717; AP 10-3.1.
Order of Conditions Squibby, LLC; SE 12 – 721; AP 35-1.12.
Order of Conditions Point Inner Trust; SE 12 – 719; AP 33-98, 101.

The Commission discussed the possible need for creating a restricted, “no touch” area in close proximity to significant water resources.  Ms. Malkin agreed to draft a concept regulation for Commission review.

Chuck H. reviewed pictures of clearing, loaming and seeding that were done without a permit at 3 Marjos Way; AP 27-9 and within the 100-foot buffer zone of Menemsha Pond.  It was not known how much of the disturbed area was already cleared.  The protected interests are shellfish and wildlife habitat and occasional storm water flooding from extreme high tides.  The owner is Gordon Bunting who is a seasonal resident with a primary residence in Oregon.  After discussion a motion was made to issue an Enforcement Order requiring a plan be submitted in a Request for Determination of Applicability.  The motion was seconded and unanimously approved with four in favor.
                
The next meeting will be Wednesday, November 19, 2014 @ 12:30 PM.  The site visits will take place on November 18 @ 12:30 and possibly November 19 @ 12:00 noon for the Zoia requested Certificates of Compliance.  

With no further business to conduct the meeting adjourned at 2:30 PM.
 
Respectfully submitted by Chuck Hodgkinson, C.A.S.