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Conservation Commission Minutes 09/16/15
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Maureen Eisner, Chris Murphy, Bob Hungerford and Chuck Hodgkinson.  Reid Silva, Chris Alley, Kristen Reimann, Kara Shemeth and Debbie Hancock also attended.  Pam Goff was absent.  

The meeting came to order at 12:30 PM.

RFD CHRIS ALLEY FOR KAY MATSCHULATT; 34 Flanders Lane; AP 26-28:            Mr. Alley explained the owner would like to install a new water well in one of two possible locations.  The final location approved by the Board of Health is the one farthest from the wetland – 91 feet away.  After brief discussion a motion was made for a negative determination with the following specification:  The well location that is 91 feet from the wetland edge is approved.  The motion was seconded and passed unanimously with five in favor.

Mr. Murphy arrived and apologized for being a bit tardy.  He got caught in rush hour traffic.  

CERTIFICATE OF COMPLIANCE SE 12 – 413; BARBARA CROSBY; 3 Nickerson Farm Lane; AP 21-48.2:  Chuck H. explained an Order was issued in 2001 for surface and subsurface drainage systems; renovating an existing screen porch and stone terraces; add a new stone terrace and retaining wall, driveway and parking area; renovate the lawn and add plantings.  Approximately 17,500 sq. ft. of buffer zone was impacted.  Several photos were shared and Chuck H. recommended the project is in complete compliance.  After brief discussion about the previous day’s site visit and observations a motion was made to accept the recommendation and declare the project as in complete compliance.  The motion was seconded and unanimously approved with six in favor.

CERTIFICATE OF COMPLIANCE (NO DEP FILE # - LOCAL BYLAW JURISDICTION ONLY); RICHARD KAUFFMAN; 20 Chappaquoit Rd.; AP 24-211:  Chuck H. shared photos for an Order that was issued in July 2013 to replace two existing dwellings with two new dwellings.  A portion of one of the two structures will be located within the 100-foot buffer zone of the 100-year flood zone of Chilmark Pond which is within the jurisdiction of the Town’s Wetland Protection Bylaws.  The area is also within the jurisdiction of the NHESP.  The outside limit of work is 95 feet from the 100-year flood zone boundary—and 195 feet from the wetland edge.  A subsequent landscape plan was approved in September 2013.  Chuck H. recommended the project is in full compliance.  After brief discussion a motion was made to accept the report and declare the project in complete compliance.  The motion was seconded and unanimously approved with six in favor.  

NOI SE 12 – 745; REID SILVA FOR JEROME P. & CAROL B. KENNEY; 45 Beach Rd.; AP 2-3:  Ms. Broyard opened the public hearing at 12:37 PM.  Mr. Silva reviewed a site plan dated 8/13/15 to lift an existing studio/workshop and excavate and construct a concrete crawl-space foundation with a concrete rat slab beneath the building.  The footprint will not change and the building will be re-set on top of the foundation.  The project is in a 100-foot wetland buffer zone.  The closest excavation activity is approximately 72 feet from the wetland edge.  He added he has also applied to the Board of Health for a permit to install a bathroom in the renovated building.  The Board discussed the observations made at the site visit and agreed there will be no detrimental impact to the resource.  With no comment from the public a motion was made to close the hearing at 12:42 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented and dated 8/13/15 with the following special conditions:   The crawl space foundation with a concrete rat slab floor is approved.  2.  The excavation spoils to be used as backfill shall be stored in the driveway.  3.  All other excavation spoils shall be removed from the site.  4.  When the shed is renovated all construction debris shall be removed from the site daily or stored in a covered dumpster located outside the buffer zone.  The motion was seconded and with no further discussion passed unanimosuly with six in favor.

NOI SE 12 - 746; REID SILVA FOR FRANK V. SICA; 16 Crick Hill Rd.; AP 27.1-121:  Ms. Broyard opened the public hearing at 12:44 PM.  Mr. Silva explained the owner would like to perform stabilization work on approximately 55 linear feet of Menemsha Basin coastal bank.  The damage was caused by the late-June storm.  The following work is proposed as shown on the site plan dated 8/11/15:  stabilize the existing boulder on the coastal bank; install a three inch granite curb along Crick Hill Road to control water runoff; remove invasive oriental bittersweet vines and plant native vegetation to stabilize the bank.  The Commission discussed the site visit and boulder that is protruding from the bank behind the boathouse.  Mr. Silva said an excavator will be on the roadway and the arm and bucket will extend over the bank.  If the rock moves easily it will be pulled out of the bank and removed from site.  If it is determined the rock is firm and does not move it will be left in place.  The Commission discussed how the bank is quite steep and the revegetation plan needs a great deal of thought—will a progressive plan be needed with a terraced coir log system installed to hold the bank while the new vegetation becomes established?  Should the vines be removed surgically and have “plugs” planted?  

The three inch curb to contain water drainage down the road was discussed.  The Commission asked if it could be extended up-grade to the neighbor’s property on Map 27.1 Lot 120?  Ms. Hancock was present and said she would support this if the timing of the work could be coordinated.  The Commission asked if a better, long term solution could replace the proposal.  Mr. Silva explained a long term plan could be prepared but, it would take quite some time to have all the neighbors agree to such an improvement.  After much discussion and with no comment from the public a motion was made to close the hearing at 1:10 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the site plan as presented with the following special conditions:  1.  The 3-inch high granite curb to channel water runoff on the road is approved and shall be expanded to AP 27.1-120 as approved by the owner of this parcel.  Installation shall also be coordinated with this owner.  2.  The boulder shall be removed if it is substantially sitting on the surface of the ground.  The boulder shall be left in place if the majority of the rock is buried in the bank.  3.  A detailed landscape plan with a specific plan for identifying and removing any existing vegetation, planting methods, materials, equipment and plant list shall be approved by the Commission before any landscaping work on the coastal bank may begin.  The motion was seconded and with no further discussion passed unanimously with six in favor.

RFD REID SILVA FOR BARBARA CROSBY; 3 Nickerson Farm Lane; AP 21-48.2:      Mr. Silva referred to the previously approved Certificate of Compliance for work done in 2001.  He reiterated the drainage needs to be improved and proposed installing ADS pipe in a two-foot wide gravel drainage trench approximately 1-2 feet deep to channel rainwater away from the existing dwelling.  The activity is in the buffer zone of a Bordering Vegetated Wetland.  The closest activity is at the wetland edge with a drain to daylight in the wetland.  After brief discussion it was agreed improvements are needed.  A motion was made and seconded for a negative determination.  With no discussion the motion passed unanimously with six in favor.

DISCUSSION KRISTEN REIMANN FOR KEGAN-WOLF; SE 12 – 705; 127 State Rd.;              AP 33-15:  Ms. Reimann outlined an Order that was issued for this house renovation in July 2014. She explained she would like to revise the approved landscape plan to reflect changes needed due to several archaeological discoveries on the site.  The parking area and driveway surface will be raised and a line of boulders will be installed along the driveway edge to contain fill.  After brief discussion a motion was made to declare the changes as inconsequential.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the changes as shown on the revised site plan dated 8/24/15.  The motion was seconded and unanimously approved with six in favor.

DISCUSSION SE 12 – 727; REID SILVA FOR BRIAN R. KENNEY; 26 Harbor Hill Rd.;            AP 27.1-107:  Mr. Silva explained an Order was issued for the lot’s below ground infrastructure, retaining walls, parking and re-landscaping in January 2015.  The architect would like to propose changes to the approved landscape plan.  There are four proposed changes:  1.  Extend the removal deadline for the temporary irrigation from 9/1/15 to 9/1/16.  2.  Use wood chips mulch as the surface for the public walking path – instead of grass.  3.  Add a steel edge on the southwest side of the public path to contain the surface.  4.  Amend condition # 8 to allow an initial pruning of the privet along the property border to a 2-foot height to allow it to revitalize.  It will then be maintained to a four-foot height as conditioned.

After brief discussion a motion was made to declare the changes as inconsequential.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve all four changes as proposed.  The motion was seconded and unanimously approved with six in favor.

DISCUSSION ROCK PATHWAY TO THE BEACH; 95 Stonewall Road; AP 32-70:       Ms. Shweder explained she noticed a rock pathway was installed to the beach that runs through the dune grass.  Chuck H. shared photos taken as well.  After discussion the Commission asked Chuck H. to try to have the owner attend the October 7th meeting to discuss the path as there is an RFD on the agenda for the same parcel.








ADMINISTRATION:

The August 19, 2015 meeting minutes were reviewed and approved as presented by consensus.  

The following documents were signed:  

Order of Conditions SE 12 – 745; Kenney; AP 2-3 (if voted).
                Order of Conditions SE 12 - 746; Sica; AP 27.1-121 (if voted).
                Determination of Applicability Matschulatt; AP 26-28 (if voted).
                Determination of Applicability Crosby; AP 21-48.2 (if voted).
Certificate of Compliance SE 12 – 413; Crosby; AP 21-48.2 (if voted).
                Certificate of Compliance No DEP file #; Kauffman; AP 24-211 (if voted).

The next meeting will be Wednesday, October 7, 2015 @ 12:30 PM.  

With no further business to discuss the meeting adjourned at 2:00 PM.

Respectfully submitted by Chuck Hodgkinson, C.A.S.