FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Pam Goff, Chris Murphy, Joan Malkin, Bob Hungerford, Maureen Eisner and Chuck Hodgkinson. Chris Alley, Stephen Merkel, Kris Horiuchi, Matt Flanders, Marni Lipke, Eddie Stahl and Mark Hurwitz also attended. Wesley Cottle was absent.
The meeting came to order at 12:30 PM. Ms. Broyard appointed Alternate Commissioner Maureen Eisner as a voting member for the day’s agenda.
NOI SE 12 – 720; CHRIS ALLEY FOR STEPHEN MERKEL; off Howell Lane;
AP27-1.1, 1.2, 1.3, 2, 3: Ms. Broyard opened the public hearing at 12:31 PM. Mr. Alley summarized that this application is in response to an Enforcement Order and fine issued to Mr. Merkel for doing a significant amount of clearing on five separate parcels of land in resource areas without a permit. The proposal is to restore the vegetation in the entire disturbed area of approximately 720 sq. ft. of Bordering Vegetated Wetland. The work was done by Eddie Stahl. Ms. Horiuchi reviewed a concept plan to clean up fallen material and seed the disturbed areas with New England wetland seed mixes and upland wetland shrubs. The Commission pointed out several significant trees were removed and none are proposed in the restoration plan. The Commission
also asked how the neighbors feel about the plans for their properties. Mr. Alley said the owners of Lots 1.1 and 2 have no problems with the proposal.
The Commission thanked Mr. Merkel for coming to the meeting and mentioned you are not being singled out as there have been several others similar actions taken in this neighborhood. Mr. Merkel was asked if he was aware of the wetlands when the work was proposed. He said no, he was not aware. The Commission pointed out he has filed several Notices of Intent and received Orders of Conditions for re-developing this lot. Each of those plan showed the wetland locations in the area.
A letter from abutter Laurie Deitz was read for the record. The Commission suggested that in order to restore the habitat Ms. Horiuchi and Chuck H. should visit the site and identify all the trees and shrubs that were removed and prepare a plan to restore the area accordingly.
After discussion the Commission suggested continuing the hearing to provide time to work on the plan. Mr. Alley suggested a date of February 4, 2015. A motion was made to accept the request and continue the hearing to February 4, 2015 @ 12:30 PM. The motion was seconded. In discussion it was requested the area be surveyed and identify what vegetation was removed and the locations of the same. This would become the basis for the restoration plan. The motion passed unanimously with seven in favor.
NOI SE 12 – 718; CHRIS ALLEY FOR LAURA DURST; 16 & 18 David’s Way; AP 21-16, 17: Ms. Broyard opened the public hearing at 1:16 PM. Mr. Alley explained how the applicant would like to reclaim and re-vegetate an 85-foot long section of a coastal bank on Vineyard Sound with 40 feet of slope. Several varieties of native plants and beach grass will be planted while using coir logs to control erosion until the plantings are established. He then read a narrative detailing how the plan would be executed. As discussed during the site visit Mr. Alley suggested adding water bars on the steeper section of the current walking path to the scope of work. After brief discussion and with no comment from the public a motion was made to close the
hearing at 1:26 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the amended plan as presented with the following special conditions: 1. The old walking path will be abandoned and re-vegetated with native species. 2. Water bars will be added to the steeper 25-foot section of the current walking path to contain water runoff and erosion. 3. An on-site conference shall take place among the contractor(s) and Conservation Agent (CA) before work begins to review this Order. 4. Perpetual maintenance of the coastal bank re-vegetation and current walking path are allowed provided the plans are reviewed with the CA before work begins and all conditions of this Order are met. The motion was seconded and with no discussion passed unanimously with seven in favor.
NOI SE 12 - 722; MATT FLANDERS FOR WENDY WOLF; 38 Flanders Lane; AP 26-27, 23, 28, 29, 30.2, 31.1: Ms. Broyard opened the public hearing at 1:28 PM. Mr. Flanders reviewed a plan to maintain a water view shed in perpetuity that extends over six different properties. The work will involve pruning specific trees and brush as needed. Any fallen, broken or structurally unsound trees in the immediate work area will be removed during the cleanup phase. One large maple tree on lot 23 will be removed and replaced with five large Arrow-wood Viburnum. A significant portion of the view shed and work area is in a Bordering Vegetated Wetland and buffer zone. Best management
practices will be followed for the tree canopy pruning. He added all work in the wetlands and within ten feet of the wetlands will be done by hand. There will be no ground-impact machinery and all debris will be removed from the site.
He added the applicant only wants to perform the work on her lot (Lot 27), the Simonsen lot (23) and Mr. Chinoy’s lot (29) because written permission has not yet been secured from the other neighbors. After brief discussion about securing permission and with no comment from the public a motion was made to close the hearing at 1:44 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plans as presented with the following conditions: 1. This Order 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. The currently proposed work on the Applicant's Lot 27, Lot 23 (Simonsen) and Lot 29 (Chinoy/Curry Living Trust) are approved as
presented and as allowed by the third party owners. 2. The proposed work on Lots 28 (Matschullat) and 30.2 and 31.1(Flanders) shall not be done until the Applicant receives rights of access from the property owners and copies are provided to the Commission. 3. Perpetual maintenance of the proposed view shed is allowed provided the plans are approved by the Conservation Agent (CA) and the Applicant has secured maintenance plan approval and re-secured the appropriate rights of access to third party properties with copies provided to the CA before work begins. The motion was seconded and passed unanimously with seven in favor.
NOI SE 12 - 723; REID SILVA FOR WILLIAM EISEN, TRUSTEE (DIMAURA); 26 Basin Rd.; AP 27.1-125, 126: Ms. Broyard opened the public hearing at 1:45 PM. Mr. Silva explained this construction finish work is to repair the existing driveway and parking area; construct stone retaining walls along the driveway; add a walking path; plant landscape shrubs and a lawn. A majority of the work is within the 100-foot buffer zone of a Coastal Bank or Bordering Vegetated Wetland (BVW). The closest activity is 80 feet from the bank and 25 feet from the BVW. He further explained the catch basin water drainage plans for the parking area and driveway. After discussion about materials to be used
and with no comment from the public a motion was made to close the hearing at 2:02 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the site plan as presented and dated 10/29/14 with the following conditions: 1. The silt fencing and hay bales along the driveway shall be immediately repaired, approved by the Conservation Agent (CA) before work begins and maintained in good condition until the project is completed and the plantings are established. 2. An on-site conference shall take place among the contractor(s) and CA to review this Order before work begins. The motion was seconded and with no discussion passed unanimously with seven in favor.
NOI SE 12 - ???; REID SILVA FOR KEITH MCNALLY; 34 Windy Gates Rd.; AP 30-104.1: Ms. Broyard opened the public hearing at 2:06 PM. Mr. Silva reviewed the plan to cut trees and brush; remove organic material for a 48’ X 18’ built-in swimming pool; excavate for the pool, equipment shed and pool deck; trench for water and electricity and construct a 4-foot high pool enclosure. Portions of this activity are in the 100-foot buffer zone of a Bordering Vegetated Wetland. The closest activity is 44 feet from the wetland edge. A letter from abutter Marni Lipke was read for the record. Much discussion ensued regarding the chicken coop and fencing that are in the edge of a wetland and the other animal sheds that are in the buffer zone. The
wetlands can absorb nitrogen but the nearby stream can carry the nutrients farther downstream away from the immediate area. The Commission asked if these structures could be relocated. After discussion Mr. Silva asked for a continuance to December 3 to discuss possible changes with his client. A motion was made to accept the request to continue the hearing to December 3 @ 12:30 PM. The motion was seconded and unanimously approved with seven in favor.
CERTIFICATES OF COMPLIANCE; CHRIS ALLEY AND JOSH KOCHIN FOR ADAM ZOIA; 18 Point Inner Way; AP 33-114: The following requests for Certificates of Compliance were reviewed by Chuck H. and acted upon as indicated:
- SE 12 – 604: Revised plan to re-develop lot. Approved by the Commission. (two Enforcement Orders and several approved changes to the plan). All the previously approved changes and photos were discussed. Two remaining conditions of 15,000 sq. ft. of woody vegetation planting and the removal of the remaining stand of bamboo on the pond’s edge have not yet been done. This Certificate will not be issued until these items have been satisfactorily finished.
- SE 12 – 644: Proposed new well and location. This well was abandoned and filled in. A motion was made to accept Chuck H.’s recommendation to Certify this as an invalid Order of Conditions. The motion was seconded and unanimously approved with seven in favor.
- SE 12 – 672: Construct a stairway down the path to the pier; reconstruct the boathouse & gazebo. After review a motion was made to declare this project in full compliance with the on-going condition that any maintenance plans for the walkway, boathouse or gazebo shall be reviewed with the Commission before work begins with appropriate permit filings. The motion was seconded and unanimously approved with seven in favor.
ADMINISTRATION:
The November 5 meeting minutes were reviewed and approved as presented by consensus.
The following documents were signed:
Order of Conditions Durst; SE 12 – 718; AP 21-16,17.
Order of Conditions Wolf; SE 12 – 722; AP 26-27, 23, 28, 29, 30.2, 31.1.
Order of Conditions Eisen; SE 12 – 723; AP 27.1-125,126.
Certificates of Compliance Zoia; SE 12 – 644, SE 12 – 672; AP 33-114.
The island’s sand mining issue was discussed in detail. A motion was made declaring the Conservation Commission shall be opposed in principal to all sand mining. The motion was seconded and unanimously approved with seven in favor.
The next meeting will be Wednesday, December 3, 2014 @ 12:30 PM. No site visits are required.
With no further business to conduct the meeting adjourned at 3:15 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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