FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Pam Goff, Bob Hungerford, Maureen Eisner (left at 1:00 PM), and Chuck Hodgkinson. Chris Alley, Mark Hurwitz, Scott Bermudes and Marni Lipke also attended. Wesley Cottle and Chris Murphy were absent.
The meeting came to order at 12:30 PM. Ms. Broyard appointed Alternate Commissioner Eisner as a voting member for the day’s agenda.
RFD SCOTT BERMUDES FOR ROBERT KEGAN; 127 State Rd.; AP 33-15: Mr. Bermudes reviewed the plans to renovate the exterior of the existing boathouse and install a new buried power line down the foot path. The activity is within the 100-foot buffer zone of Nashaquitsa Pond. The closest activity is approximately 10 feet from the pond shoreline. Mr. Bermudes added the existing granite support posts will be used. The structure will be raised about 6 inches using cribbing and hand hydraulic jacks to install steel caps on the posts and new cross members. A mini-bobcat will be used to trench the new power line. The power line work should only take one day. After much
discussion about the power line a motion was made for a negative determination with the following special conditions: 1. Any excavation shall stop at the end of the walking path and at the landward concrete support for the existing ramp to the boathouse. There shall be no disturbance of the salt marsh. 2. Tarps shall be placed around the perimeter of the boathouse to capture any falling debris. 3. The Conservation Agent shall be called to observe the trenching before this work begins. 4. The trench area shall be seeded immediately after the trench is filled and covered with hay. The motion was seconded and with no further discussion passed unanimously with six in favor.
RFD CHRIS ALLEY FOR PETER BERNARD; 5 Shotnaigher Lane; AP 34-1.1: Mr. Alley summarized the history of this project and reviewed a proposed landscape and driveway plan. All of the work is within the 100-foot buffer zone of two Bordering Vegetated Wetlands. The closest activity is approximately 26 feet from the wetland edge. The Commission pointed out that this property is in the Squibnocket Pond Zoning District in which any use of fertilizers, pesticides, fungicides etc. are prohibited. They also inquired about the irrigation plan and Mr. Alley said there is no formal plan. After further discussion a motion was made for a negative determination with the following special conditions: 1. There shall be no use of any
fertilizers as outlined in the Squibnocket Pond District restrictions. 2. A temporary above-ground irrigation plan is allowed until the new plantings are established. The motion was seconded and passed unanimously with six in favor.
ZACH WIESNER DISCUSSION; Boston Hill Rd.; AP 31-76.1 (4-acre building lot); AP 31-11.1 (Land under CR): This discussion was postponed to the March 4 meeting so the Commission can make a site visit before hand – should the snow go away for a while. Review trees that were cleared to open the water view. Some were within a wetland buffer zone and some were on land under CR. The CR has an allowed forestry clause: 4. Removal of trees, shrubs or other vegetation may be carried out only in connection with accepted forest, pasture, horticulture or agricultural practices.
DISCUSSION MARK HURWITZ FOR KEITH MCNALLY; SE 12 – 724; AP 30-104.1: Ms. Eisner left the meeting. Mr. Hurwitz explained a proposed change in the previously approved pool location. This change was requested by the ZBA to improve the sight lines of the pool from the main house. He pointed out the closest corner of the pool is 84 feet from the wetland edge instead of 94 feet in the original location. This new site also moved the opposite corner of the pool out of the buffer zone of the other wetland to the west. After much discussion it was agreed the new location will not threaten the resource any more than the previously approved location. A subsequent motion was made to declare the change as inconsequential and not require the hearing to be re-opened. The motion was seconded and passed unanimously with five in favor. A second motion was made to approve the proposed new location. The motion was seconded and passed with four in favor and one abstention (Ms. Malkin).
BYLAW REGULATIONS DISCUSSION: Ms. Malkin distributed a draft re-definition and clarification for the term “alter” that is defined in Section 1.05 and used throughout the Regulations. After much discussion and agreed changes a motion was made to approve the amended definition as agreed and dated 2/18/15--attached. The motion was seconded and passed unanimously with five in favor. Once all of the proposed changes to the Bylaw Regulations are agreed a public hearing shall be scheduled to receive public comment on the proposed changes before being adopted. The next amendment for discussion will pertain to raised walkways over salt marshes.
ADMINISTRATION:
The February 4, 2015 meeting minutes will be reviewed at the next meeting.
The following documents were signed:
Determination of Applicability Kegan; AP 33-15.
Determination of Applicability Bernard; AP 34-1.1.
The next meeting will be Wednesday, March 4, 2015 @ 12:30 PM. The site visit will take place on March 4 @ 12:00 noon.
With no further business to discuss the meeting adjourned at 1:35 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
Proposed Revision to Chilmark Wetlands Protection Regulations, Section 1.05, “Definitions”
Dated: February 18, 2015
Amend the definition of “Alter” to read as follows:
Alter: to change the condition of any Area Subject to Protection. The term "Alter" shall include, without limitation, the following actions when undertaken in a Resource Area:
(a) removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind;
(b) changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns or flood retention characteristics;
(c) drainage or other disturbance of water level or water table;
(d) dumping, discharging or filling with any material;
(e) placing of fill, or removal of material;
(f) erection of buildings, or structures of any kind, driving of piles in a new location;
(g) placing of obstructions or objects in water;
(h) destruction of plant life;
(i) clearing, cutting or pruning of trees, shrubs or other vegetation;
(j) changing water temperature, biochemical oxygen demand, or other physical or chemical characteristics of water; and
(k) any activities, changes, or work which pollute in any way any body of water or groundwater;
provided that removing, filling, dredging, or altering a salt marsh is not considered normal maintenance or improvement of land in agricultural use.
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