FINAL
Present for the Conservation Commission and attending the meeting were: Candy Shweder, Vice Chairman, Joan Malkin, Chris Murphy, Pam Goff, Bob Hungerford, Maureen Eisner and Chuck Hodgkinson. Chris Alley and Josh Scott also attended. Wesley Cottle and Sandy Broyard were absent.
The meeting came to order at 12:31 PM. Ms. Shweder appointed Alternate Commissioner Eisner as a voting member for the day’s agenda.
DISCUSSION AND CHANGE NOI SE 12 – 732; CHRIS ALLEY FOR MARGARET
PSARAKIS; 3 Catherine’s Way; AP 30-49: Mr. Alley thanked the Commission for its time and explained an Order of Conditions was issued for this septic upgrade at the 4/1 meeting. The Board of Health is requiring a new water well which was not a part of the Notice of Intent. The proposed well location is 22 feet from the wetland edge. The closest trenching is 5 feet from the wetland edge. The original Order has not yet been released. After much discussion a motion was made declaring this as a significant change thus, requiring the hearing to be re-opened and abutters re-notified. The motion was seconded and passed unanimously with five in favor and one abstention (Ms. Goff).
NOI SE 12 – 734; REID SILVA FOR SARAH GLAZER KHEDOURI; 14 Yardarm Lane; AP 24-227: Ms. Shweder opened the public hearing at 12:40 PM. Mr. Silva explained the Commission approved the house renovations and this is a request to maintain a view shed. Mr. Scott read a narrative dated 3/17/15 that outlined how they would like to trim and/or remove selected brush, shrubs and trees to create a view channel; widen an existing footpath to Chilmark Pond and maintain the improvements in perpetuity. The activity is located within Land Subject to Flooding, a Bordering Vegetated Wetland, and the resource buffer zones. The project is also within NHESP jurisdiction. The tree stumps will be ground using a hand held stump grinder. There was much
discussion about the resource interests and values that are protected which in this case are wildlife habitat – especially bird nesting season, the 100-year flood buffer zone and Chilmark Pond water quality. Chuck H. said the NHESP has not yet released its comments.
With no comment from the public a motion was made to close the hearing at 1:35 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with several special conditions one of which is the Order shall not be released until comment is received from the NHESP and reflected in the conditions.
- The plan as presented is approved provided the walking path shall not be mowed to a height lower than 4 inches as specified by the NHESP to avoid a prohibited take of Saltpond Pennywort.
- The following vegetation that is adjacent to the edge of the lawn may be removed this spring: autumn olives, sumacs, dead black cherry tree, tall cedar tree and the rose bush.
- All cutting and pruning work shall be done by hand.
- Any hand-held, gas-powered equipment shall be re-fueled outside the resource area and resource area buffer zone.
- Only the debris caused by the work shall be removed from the site.
- To protect the bird nesting season no pruning shall be done between the dates of April 1 – August 1.
- On-going maintenance shall be allowed provided the future maintenance plans and timing are reviewed with the Conservation Agent (CA) before work begins and all conditions of this Order are met. To protect the bird nesting season a specific pruning window shall be determined for executing the proposed maintenance.
The motion was seconded and unanimously approved with six in favor.
DISCUSS DRAFT BYLAW REGULATION AMENDMENT: The draft amendment to the Town’s Bylaw Regulations for Section 6.05 Responsible Parties was discussed. A motion was made to approve the proposed amendment with a minor change. A public hearing will be scheduled to receive public comment on all the proposed Regulations changes when this exercise is finished.
Regulation as approved 4/1/15:
6.05 Responsible Parties
The current owner(s) of a property on which a violation has occurred:
- is the party responsible and therefore liable for any fines and/or legal action regardless of any contract with a second party to obtain necessary permits, perform work, or adhere to conditions of a permit; and
- must attend in person the initial hearing of the Conservation Commission in connection with the violation and any enforcement order.
DISCUSSION JOAN MALKIN; 10 Titon Cove Way; AP 25-125: Ms. Malkin informed the Commission that her neighbor’s landscaper removed three trees on the Malkin’s property that were located on the shoreline of Chilmark Pond. The Commission discussed various options on how to proceed and agreed to the following plan: 1. The Conservation Agent shall visit the property and take photographs of the area. 2. The Commission will discuss the consequences of this activity and determine the next steps at the May 6 meeting.
NEW COMMISSION MEETING DATES AND TIMES: Mr. Murphy asked the Commission to consider changing its meeting dates and times to late afternoon. As the Chair was not present Chuck H. will canvas the members for discussion at the May 6 meeting.
ADMINISTRATION:
The April 1, 2015 meeting minutes were reviewed and approved as presented by consensus.
The following document was signed:
Order of Conditions SE 12 – 734; Khedouri; AP 24-227.
The Commission unanimously approved the invoice of $808.00 from Perry, Hicks, Deshaies and Mello, LLP regarding the Fool’s High Tide appeal; SE 12 - 702. The invoice will be paid from the Wetland Protection Defense Fund.
The next meeting will be Wednesday, May 6, 2015 @ 12:30 PM.
With no further business to discuss the meeting adjourned at 1:45 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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