FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Pam Goff, Maureen Eisner and Chuck Hodgkinson. Reid Silva, Graeme Flanders and Greg Milne also attended. Chris Murphy and Bob Hungerford were absent.
The meeting came to order at 12:34 PM.
NOI SE 12 – 744; REID SILVA FOR THE PASTURE WAY REALTY TRUST; 14 Marjos Way; AP 27-2: Ms. Broyard opened the public hearing at 12:35 PM. Mr. Silva explained this is in response to an Enforcement Order issued on April 14, 2015. He summarized and reviewed a revised site plan dated 8/19/15 that reflects the observations made at yesterday’s site visit as follows. The wetland is at a higher elevation and a significant distance from Menemsha Pond. It is a perched wetland created by clay substrate. On occasion it has visible surface water and the wetland vegetation is sparse. The Commission agreed this is not a Bordering Vegetated Wetland and commented its value is predominantly wildlife habitat. The wetlands, pond, stream and marsh farther west near Menemsha Pond
is a much more significant wetland system. Mr. Silva added the wetland edge shown was flagged in 2013 by Doug Cooper.
The DEP comments were read for the record. The Commission agreed the stone wall shall not be installed in the wetland. Mr. Silva pointed out the revised site plan has the wall stopping before it reaches the wetland – approximately at the end of the existing garden.
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 revised site plan dated 8/19/15 as presented with the following special conditions:
1. The revised site plan hand-dated 8/19/15 is approved. 2. The stone wall is approved as shown and must terminate at the wetland edge. 3. The garden may be expanded as shown and only in already-cleared areas as seen on the GIS photo. 4. The meadow restoration in the buffer is allowed. The 10-foot no touch buffer from the wetland edge as shown must be permanently marked with 2 foot diameter stones placed 15 feet apart along the entire length of the work area. The meadow located in the buffer zone shall only be mowed one
time/year between the months of November and March to protect ground-nesting birds and wildlife from April-October. 5. The Commission shall make a site visit in August 2016. The motion was seconded. In discussion Ms. Malkin expressed a concern about enforcement consistency. The Commission agreed that each case is unique as evidenced by the type of wetland impacted in this instance plus the revised plan eliminated work in the wetland and added a ten-foot no touch buffer. The motion came to a vote and passed with four in favor and one opposed (Ms. Malkin).
AMENDED NOI SE 12 - 704; REID SILVA FOR THE NORTH STAR REALTY TRUST; 4 Tucker Trail; AP 33-55: Ms. Broyard opened the public hearing at 1:15 PM. Mr. Silva explained the owner would like to amend the Order of Conditions for SE 12 – 704 to re-develop a lot. The current Order of Conditions was issued in June 2014. The proposed amendment is as follows: construct a 378 sq. ft. dry-laid bluestone patio. Approximately 225 sq. ft. of the patio is in the 100-foot buffer zones of the Nashaquitsa Pond Flood Zone and the Top of the Coastal Bank. The closest activity is 88 feet from the flood zone and slightly farther from the top of the bank. After discussing the site visit observations and with no comment from the public a motion was made to close the hearing at 1:20
PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the proposed amendment with the condition that all of the special conditions outlined in the original Order still apply. The motion was seconded and with no further discussion passed unanimously with five in favor.
REQUEST FOR A SECOND 3-YEAR EXTENSION FOR ORDER OF CONDITIONS ORIGINALLY ISSUED IN AUGUST 2009; SE 12 – 588; Helena Collins Price; 26 Hammett Rd.; AP 8-2: Chuck H. explained an Order was issued in 2009 to develop a vacant lot in Spring Point. The Order was extended in 2011 and the applicant would like to extend the Order for an additional 3 years. A motion was made to extend the Order and additional three years with the new expiration date of 8/21/18. The motion was seconded and with no discussion passed unanimously with five in favor.
ADMINISTRATION:
The August 5, 2015 meeting minutes were reviewed and approved as amended by consensus.
The following documents were signed:
Order of Conditions SE 12 – 744; The Pasture Way Realty Tr.; AP 27-2.
Amended Order of Conditions SE 12 – 704; North Star Realty Tr.; AP 33-55.
Extension Order of Conditions SE 12 – 588; Price; AP 8-2.
The next meeting will be Wednesday, September 16, 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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