FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Chris Murphy, Pam Goff, Bob Hungerford, Maureen Eisner and Chuck Hodgkinson. Chris Alley, Reid Silva, Michael Barclay, John Abrams, Greg Milne, Graeme Flanders and George Sourati also attended. Wesley Cottle was absent.
The meeting came to order at 12:32 PM. Ms. Broyard appointed Alternate Commissioner Eisner as a voting member for the day’s agenda.
NOI SE 12 – 735; CHRIS ALLEY FOR CHRISTINA LURIE; 2 Godnold’s Way; AP 14-1: Ms. Broyard opened the public hearing at 12:33 PM. Mr. Alley reviewed the site and resources impacted by the proposal along with a revised site plan dated 5/5/15. The project was outlined as follows: Reconfigure the footprint of an existing 2-bedroom house with no direct power by moving a bedroom from the back of the house to the northeast side; renovate the house; install a new crawl space foundation under the main house and install a basement foundation under the relocated bedroom; a screened porch will be added on top of the existing deck to the north facing the Sound; bring buried utilities to the house and remove the existing water well and pump house by hand. An upgraded septic system and new
well are planned to be located outside the Commission’s jurisdiction. The activity is within the 100-foot buffer zone of the top of the coastal bank on Vineyard Sound. The closest activity is approximately 60 feet from the top of the bank.
Mr. Alley reviewed the erosion control system, handling and placement of the excavation spoils, materials staging areas and the construction debris handling process as outlined on the 5/5/15 site plan. The Commission read the Site Review Committee report for the record after which there was much discussion on the erosion rate of this section of coastal bank. Mr. Alley also explained the house cannot be placed upon piers to minimize ground disturbance because the space is needed for mechanical equipment. The Commission said its primary concern is protecting the structural integrity of the coastal bank. With no comment from the public a motion was made to close the hearing at 1:00 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the
site plan dated 5/5/15 as presented and discussed with the following special conditions: 1. The excavation spoils shall be stockpiled outside the resource buffer zone as per the notes on the site plan dated 5/5/15. 2. All construction debris shall be handled in accordance with the notes on the 5/5/15 site plan. 3. The construction fencing with hay bales and silt fence shall be installed as shown and noted on the 5/5/15 site plan and approved by the Conservation Agent before work begins. 4. When the top of the Coastal Bank erodes to within 25 feet of any part of the structure The Conservation Agent shall be notified and a Notice of Intent shall be filed within 30 days outlining a plan to relocate the structure outside the 100 ft. buffer zone. The motion was seconded and after brief discussion passed with six in favor and one opposed (Ms. Eisner).
NOI SE 12 – 737; REID SILVA FOR NORTH STAR REALTY TRUST; 4 Tucker Trail; AP 33-55: Ms. Broyard opened the public hearing at 1:08 PM. Mr. Silva discussed the site visit observations and plan to install and maintain a PVC foundation drainage pipe with a gravel diffusion pit that will be within the buffer zone of a Bordering Vegetated Wetland. This drainage system is needed for the new house, parking area and driveway that are under construction. The gravel diffusion pit will be approximately 30 feet from the wetland edge. After brief discussion and with no public comment a motion was made to close the hearing at 1:15 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented with the following special
conditions: 1. A mini-excavator will dig a three-foot wide trench from the foundation drains and run down the driveway. The trench will be narrowed to a one-foot width and shall be hand dug from the wetland side of Tucker Trail to the drainage basin. 2. While building the foundation a temporary drainage pump and basin shall be installed until the permanent system is installed and functioning. 3. All of the existing siltation barriers shall be maintained in good shape until the project is finished and landscaping is established. 4. A separate silt fence with hay bales shall be installed between the permanent drainage basin and wetland until this work is finished. The motion was seconded and with no discussion passed unanimously with seven in favor.
NOI SE 12 – 732; CHRIS ALLEY FOR MARGARET PSARAKIS; 3 Catherine’s Way; AP 30-49: Ms. Broyard re-opened the public hearing at 1:17 PM. Mr. Alley reviewed the revised site plan dated 4/1/15. This is an addition of a water well, line and related power to the previously approved Title V septic upgrade. The new water well was required by the Board of Health. On April 15 the Commission declared this a significant change to the previously approved septic plan. Mr. Alley said they will abandon the existing water well and drill a new well with the associated trenching. The well’s activity is in the 100-foot buffer zone of a Wetland. The closest activity is approximately 14 feet from the wetland edge. After discussion and with no comment from the
public a motion was made to close the hearing at 1:27 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the revised plan as presented and dated 4/1/15 with the following special conditions: 1. The siltation barriers shall be installed for the septic system and water well as shown and approved by the Conservation Agent (CA) before work begins. These shall be maintained and left in place until the landscaping is established. 2. All excavation spoils shall be stockpiled on the south side of the leach field – away from the wetland. 3. The Commission recommends boring the well trench as it will pose a minimal impact or disturbance risk to the wetland. 4. If an excavator must be used the excavation spoils for a one-foot wide trench shall be placed on the south, road side of the trench. All disturbances shall be re-seeded immediately upon completion of work. The motion was
seconded and passed unanimously with seven in favor.
CERTIFICATE OF COMPLIANCE SE 12 – 087; GEORGE SOURATI FOR JASON RABINOWITZ; Bijah’s Way; AP 7-10, 18: Mr. Sourati explained he is seeking a Certificate of Compliance is for an Order that was issued in December 1987 for a 20’ x 20’garage and storage loft within a wetland buffer zone. Chuck H. circulated photos. Mr. Sourati explained the back outside staircase provides access to the second floor loft. The loft photos indicated there are electric baseboard heat and four wall outlets. The Commission asked if this space is used as a detached bedroom. Mr. Sourati pointed out there is no water service or restroom facilities in the building and said the previous owner’s storage of antique furniture required a stable environment. The Commission knew the previous
owner and agreed this is how the space was used. After brief discussion a motion was made to declare the project in complete compliance provided the space is only used for storage as done by the previous owner. The motion was seconded and passed unanimously with seven in favor.
DISCUSSION JOAN MALKIN; 10 Tilton Cove Way; AP 25-124: Ms. Malkin sat in the audience. As follow up to the April 15 meeting Chuck H. reviewed the photos of the three trees that were removed by Ms. Malkin’s neighbor on her property and on the shore of Chilmark Pond. The work was done without Ms. Malkin’s knowledge and without a permit. The Commission discussed the resource area and the interests the trees were protecting. It was agreed the tree removal will not destabilize the pond’s bank and will not inhibit the performance of the marsh area that is under water when the pond’s water level is high. After discussion the Commission agreed that no further action is required.
ADMINISTRATION:
The DEP’s superseding Order of Conditions for SE 12 – 702; Fool’s High Tide that is in appeal was discussed. The Commission agreed a Notice of Intent must be filed under the Town’s Bylaw for the revised plan as described by the DEP.
The Commission agreed to keep the current meeting dates and times of the 1st and 3rd Wednesday’s of each month @ 12:30 PM for the remainder of FY 2015 and FY 2016.
The April 15, 2015 meeting minutes were reviewed and approved as presented by consensus.
The following documents were signed:
Order of Conditions SE 12 – 735; Lurie; AP 14-1.
Order of Conditions SE 12 – 737; North Star; AP 33-55.
Order of Conditions SE 12 – 732; Psarakis; AP 30-49.
Certificate of Compliance SE 12 – 087; Rabinowitz AP 7-48.
The next meeting will be Wednesday, June 3, 2015 @ 12:30 PM.
With no further business to discuss the meeting adjourned at 2:05 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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