FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Joan Malkin, Chris Murphy, Maureen Eisner, Pam Goff and Chuck Hodgkinson. Reid Silva, Chris Alley, Michael Barclay, Mark Hurwitz, Max McCreery and Rich DeWitt also attended. Candy Shweder and Bob Hungerford were absent.
The meeting came to order at 12:32 PM. The Commission congratulated Maureen Eisner on her appointment as a full Commissioner.
NOI SE 12 – 736; REID SILVA FOR RANDALL D. AND MARGARET J. WEIS; 76 Old Farm Rd.; AP 7-19: Mr. Silva explained the owners are changing their plan and will relocate the dwelling outside the wetland buffer zone and requested the application be withdrawn without prejudice. A motion was made and seconded to withdraw the application without prejudice. With no discussion the motion passed unanimously with five in favor.
DISCUSSION MICHAEL BARCLAY FOR CHRISTINA LURIE; SE 12 – 735; 2 Gosnold’s Way; AP 14-1: Mr. Barclay explained an Order was issued on May 8, 2015 to reconfigure and renovate an existing house within the buffer zone of the Top of the Coastal Bank on the north shore. He proposed tearing down the original house and re-building it from scratch—instead of maintaining the existing structure within 100 feet of the top of the bank.
The Commission pointed out the Bylaw regulations only allow for the maintenance of a pre-existing structure in a buffer zone and added the extent of planned work may be more than maintenance. The Commission said the proposed change is significant and beyond the scope of work approved in the Order. If Mr. Barclay would like to pursue the proposal, the hearing would need to be re-opened. Mr. Barclay thanked the Commission for its time and said they will proceed with the project as permitted.
DISCUSSION REID SILVA FOR THE NEW OWNERS OF THE KAPLAN LOT;
16 Valley Rd.; AP 3-50: An Order of Conditions was issued to develop the lot under the Town Bylaw only on June 5, 2013. Mr. Silva explained he is here to discuss conditions # 4 and # 5 and # 6. The Special Conditions were:
1. There shall be no underground storage of fuel oil.
2. The observed pvc drainage pipe in the wetland shall be plugged and approved by the Conservation Agent before construction begins.
3. A 20-foot no cut, vegetated buffer shall be perpetually observed round the entire perimeter of the isolated wetland as shown on the site plan.
4. The eventual land owner who develops the property shall return to the Commission with a complete landscape plan for approval before construction begins.
5. If the actual footprint of what's planned for construction is different than the footprint shown on the approved site plan, the Commission must approve the plan before construction begins.
6. If the basement foundation is deeper than ten feet below existing mean, natural grade level, the Commission must approve the change before construction begins.
Mr. Silva said the new owners would like to build the house outside the buffer zone and clear, till and maintain the field as a native grass meadow as shown on the site plan dated 6/2/15. Once established the meadow will only be mowed one time per year. He added the 20-foot no cut buffer around the isolated wetland will remain. The Commission agreed this plan is much preferred over the original concept plan. A motion was made to approve and declare the plan as presented and dated 6/2/15 satifies condition numbers 4,5 and 6 with the following additional conditions: 1. Before creating the meadow a detailed narrative of how it will be created and maintained shall be printed on the site plan. 2. Hay bales and silt fencing shall be installed and maintained around the
20-foot no cut buffer until the meadow grass is established. The Conservation Agent shall approve the siltation barrier before work begins. 3. Two-foot diameter field stones shall be installed and remain in place to define the 20-foot no cut buffer zone for future mowing. The motion was seconded and with no further discussion passed unanimously with five in favor.
CERTIFICATE OF COMPLIANCE ADAM ZOIA; Amended SE 12 – 604; 18 Point Inner Way; AP 33-114: Chuck H. explained at the 11/19/14 meeting the two outstanding requirements for this Certificate were to confirm 15,000 sq. ft. of woody vegetation was planted and remove the last stand of bamboo on the pond’s edge. He shared pictures and a detailed site plan and recommended this project is now in full compliance. A motion was made to accept the report and declare the project is in full compliance. The motion was seconded and with no further discussion passed unanimously with five in favor.
CERTIFICATE OF COMPLIANCE ISSUED TO ISAIAH SCHEFFER FOR THE NATURE CONSERVANCY (TNC); SE 12 – 681; Oyster Habitat Restoration on Land Under Tisbury Great Pond: Chuck H. explained the final report for the period June 20, 2013 – June 1, 2015 indicates the oyster reef habitat was successful but the height of the reefs has been reduced over time. Further moniotirng is required as one hypothesis is the shell reefs may be sinking in the soft mud. He added the Shellfish Constable agrees with the conclusions in the report. Chuck H. recommended issuing the Certificate as being in full compliance with the on-going condition that copies of all future reports be given to the Commission. A motion was made to accept the report and recommendation.
The motion was seconded and passed unanimosuly with five in favor.
DISCUSSION SEASONAL SUSHI RETAIL STORE/SHACK FOR KARSTEN LARSEN; Basin Road next to Harbormaster Shack. Chuck H. explained the Park & Recreation Committee approved a plan to install a temporary, seasonal shack for a fisherman to sell fresh sushi that will be prepared at Larsen’s Seafood. The Commission recommended the Park & Recreation committee submit a Request for Determination of Applicability for the project.
DISCUSSION TOWN OF CHILMARK; SE 12 – 730; AP 21-1,3: Chuck H. explained the excavation for the pedstrian walkway on east side of Basin Road took place on June 15 prior to submitting a detailed landscape plan for the dunes because of scheduling issues for John Keene. The Commission directed Chuck H. to meet with the Selectmen and Tim to agree upon a plan to install the protective rope barrier on the east side of the walkway, install jute netting on the dunes and sand to the east to contain wind and rain erosion and install the seasonal wooden boardwalk ASAP to further protect the sand walkway – as done at Lucy Vincent Beach. The plan will be confirmed in writing.
DISCUSSION CHILMARK POND: Rich DeWitt reviewed the structure of the Abel’s Hill Association and added he is its current President. He explained an algae bloom occurred in the vicinity of Doctor’s Creek on June 11 and several of the residents raked some of the algae onto the shore. The Commission asked if he has contacted the Chilmark Pond Association who is solely responsible for opening the pond to the ocean. He said no formal discussions have taken place. He added the Abel’s Hill Association has formed a small committee—the Abel’s Hill Pond Association – to manage the pond in the vicinity of South Abel’s Hill where renters and residents cross the pond to access the ocean beach. Mr. DeWitt asked if the algae can be removed from the shore with an
excavator. Chuck H. shared pictures of the site and the Commission commented the parking lot has expanded over the years and is within the resource area buffer zone. The kayaks should also be stored on racks instead of on the shoreline and vegetation.
Regarding the algae bloom the Commission offered the following direction: 1. A Notice of Intent should filed for on-going maintenance of this and future algae blooms. The Notice should identify the resources and interests affected and the materials and disposal methods for removing the algae from the pond and site. 2. The existing algae on the shore may only be removed by hand using pitch forks, wheel barrows and placed in a truck parked in the parking lot.
ADMINISTRATION:
The Commission discussed the term length for the Chairman position. It was agreed the position should be rotated every two years after the April Town Meeting and after the Selectmen make any required appointments.
The Commission directed Chuck H. to work with the Highway Superintendent on installing a long-term storm water runoff system on Tea Lane and along Middle Road to direct the water flow into the wetland and away from the streams.
The May 20, 2015 meeting minutes were reviewed and approved as presented by consensus.
The following documents were signed:
Certificate of Compliance Adam Zoia; Amended SE 12 – 604; AP 33-114.
Certificate of Compliance TNC; SE 12 – 681; Land Under Tisbury Great Pond.
The next meeting will be Wednesday, July 1, 2015 @ 12:30 PM.
With no further business to discuss the meeting adjourned at 3:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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