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Conservation Commission Minutes 10/07/15
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Maureen Eisner, Pam Goff, Joan Malkin and Chuck Hodgkinson.  Chris Alley, Julie and Miles Jaffe, Reid Silva, Peter Rodegast, Matthew Brown, Rich and Sue Regen and Graeme Flanders also attended.  Chris Murphy and Bob Hungerford were absent.  

The meeting came to order at 12:33 PM.

RFD; JOE WAHLER FOR 3SDS, LLC; 11 Round Pond Rd.; AP 35-1.4:  Mr. Wahler reviewed a site plan dated 10/6/15 to construct a built-in swimming pool.  The pool structure and enclosure is just outside the 100-foot buffer zone of a Bordering Vegetated Wetland.  The limit of work disturbance extends 7 feet into the buffer zone (93 feet from the wetland edge).  After brief discussion a motion was made for a negative determination with the following conditions:
1.  Approximately 180 sq. ft. of buffer zone will be disturbed and re-vegetated.  2.  The erosion control barriers as shown on the plan shall be installed and approved by the Conservation Agent before work begins.  The motion was seconded and unanimously approved with five in favor.

NOI SE 12 - 749; REID SILVA FOR SCHEUER FAMILY PROPERTIES; 2 Chockers Lane, 5 Herring Run, 267 State Rd.; AP 33-4, 5; 34-4.2:  Ms. Broyard opened the public hearing at 12:37 PM.  Mr. Silva reviewed a site plan dated 9/18/15 to create and maintain a four-foot wide walking path to the beach.  Approximately 284 feet of the new section of path is in the buffer zone of a Bordering Vegetated Wetland.  This new section will connect with an existing path to the top of the Coastal Bank that runs along the edge of the wetland.  An existing beach stairway down the Coastal Bank will be relocated and shared among two properties.  The Commission discussed the observations made at the site visit and possible remedies for coastal bank erosion and relocating the path.  With no public comment a motion was made to close the hearing at 12:44 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan with the following special conditions:  1. Before relocating and clearing the path, the applicant shall return with a plan to stabilize the coastal bank erosion west of the new stair location and a plan for boat storage on the beach.  2.  The cleared brush from the new path shall be removed from the site.  3.  The stairs may be relocated as shown.  Any future maintenance plans for the stairs shall be reviewed with the Conservation Agent (CA) before work begins.  4.  Any gas-powered equipment shall be re-fueled outside the resource area and resource area buffer zone.  The motion was seconded and with no further discussion passed unanimously with five in favor.

RFD CHRIS ALLEY FOR MILES JAFFE; 95 Stonewall Rd.; AP 32-70:  Mr. Alley reviewed a site plan dated 9/4/15 to install a subsurface drainage pit to house water filtration equipment.  The activity is in the 100-foot buffer zone of a Bordering Vegetated Wetland.  The closest activity is 44 feet from the wetland edge.  The Commission discussed the proximity of the site to Stonewall Road and asked Mr. Alley how long the job will take to complete.  He estimated two days.  With no further discussion a motion was made for a negative determination with the following condition:  1. All excavation spoils not used as backfill shall be removed from the site each day.  The motion was seconded and passed unanimously with five in favor.

DISCUSSION JULIE AND MILES JAFFE; 95 Stonewall Rd.; AP 32-70:  Ms. Jaffe shared several pictures of the path and rough stones that were used to delineate the path over the years.  She added this path has been used in combination with the seasonal wooden walkway for beach access since they have owned the property – early 1950’s.  Mr. Jaffe explained they had the rocks organized this year because it is becoming more difficult to walk on the uneven rocks.  After discussion the Commission thanked the Jaffes’ for coming to the meeting and asked that Chuck H. photograph the walkway after a significant winter storm to document the amount of wash-over erosion and its impact on the rock walkway.

RFD REID SILVA FOR TOWN OF CHILMARK COMMUNITY CENTER; 520 South Rd.; AP 30-93, 94:  Mr. Silva reviewed a plan to upgrade the water drainage system and replace/repair the existing drain line near the tennis courts.  He said two additional catch basins will be installed to collect the water runoff.  The proposed activity is in the buffer zone of a Bordering Vegetated Wetland.  Water flows through the existing drain line into the wetland.  The Commission commented on the brush debris and wood chips that were placed and washed into the wetland.  Chuck H. will follow up on this with the CCC representatives.  After brief discussion a motion was made for a negative determination with the following conditions:  1.  The catch basins shall be inspected every June.  If cleaning is required the maintenance plan shall be reviewed with the Conservation Agent to determine the best way to dispose of any debris before work begins.  It shall not be deposited in the wetland.  The motion was seconded and passed unanimosuly with five in favor.

NOI SE 12 - 748 REID SILVA FOR UP-ISLAND, LLC (Vytlacil house); 21 Squibnocket Road; AP 35-24:  Ms. Broyard opened the public hearing at 1:10 PM.  Mr. Silva reviewed the site plan dated 9/3/15 to brush cut and maintain a four-foot wide walking path in the buffer zone of a wetland and construct a three-foot wide, 28 foot long elevated walkway through the wetland that borders Squibnocket Pond.  An existing well house located in the wetland buffer zone will be removed and replaced with a kayak storage rack.  Two invasive olive trees that overhang the house will also be removed.  The stumps will remain.  Both trees are within the buffer zone of an isolated wetland on the northwest corner of the property.  The Commission discussed the observations made at the site visit with particular attention to the steep slope of the land for the walkway and how water might channel down the cleared path.  An abutter letter was read for the record.  The Regens asked if a kayak path could be added to the Town’s Squibnocket Beach Plan.  The Commission pointed out the proposed project is isolated to the owner’s property.  The Commission has not yet heard the Notices of Intent for the Town’s beach, parking and skiff launch or the homeowner’s causeway construction permits.  With no further public comment 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 plan with the following special conditions:  1.  The applicant shall meet with the Conservation Agent before the fiberglass grating, piles and walkway over the wetland are installed to detemine the height of the walkway above grade.  2.  The 4'-wide walking path field grass shall be mowed to a height no lower than 4 inches above grade.  3.  6 - 8 stop logs shall be installed on the walking path slope to divert water runoff into the wetland.  4.  All brush shall be removed from the site.  5.  Any gas-powered equipment shall be fueled on the currently cleared lawn area near the house.  6.  The Russian Olive stumps shall not be removed.  7.  The well house will be removed and replaced with a kayak rack.  The motion was seconded and with no further discussion passed unanimosuly with five in favor.

DISCUSSION CHRIS ALLEY FOR SBRIGLIO; SE 12 – 716; 51 Putnam Rd.; AP 8-7:  Mr. Alley proposed a second change to this project as shown on a revised site plan dated 9/22/15.  The applicant would like to relocate the new house such that it will be completely outside the 100-foot buffer zone of the drainage swale and wetland.  There may be some foundation work area disturbance in the buffer zone.  After brief discussion a motion was made to declare the change as inconsequential and an improvement.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the changes as shown on the site plan dated 9/22/15.  The motion was seconded and unanimously approved with five in favor.

DISCUSSION REID SILVA FOR NORTH STAR REALTY TRUST Amended Order of Conditions SE 12 - 704; 4 Tucker Trail; AP 33-55:  An Order was issued on 6/11/14 to develop this lot and trench utility lines through a wetland.  The Order was then amended on 8/20/15.  The Order allowed a mini-excavator with a 12” bucket to dig the trench in the road for utilities.  Mr. Silva reviewed a revised site plan dated 9/28/15 that seeks permission to direct drill down the roadway for the utilities—in lieu of trenching with a bucket.  The beginning and end locations for the directional boring were shown on the plan.  The Commission pointed out it originally preferred this method and So. Mountain Co. representatives said it would create more disturbances at both ends than using an excavator and bucket.  After brief discussion the Commission agreed this is preferable to the excavator and bucket trenching method.  A motion was made to declare the change to the amended Order as inconsequential.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the proposed change with the condition that Chuck H. be notified at least 24 hours before the boring is performed.  The Commission would like to document the process.  The motion was seconded and with no further discussion passed unanimously with five in favor.

ADMINISTRATION:

Review of the September 16 and September 30 meeting minutes was deferred to the next meeting.

Signatures:
Order of Conditions SE 12 – 749; Scheuer; AP 33-4, 5; 34-4.2.
                Order of Conditions SE 12 - 748; Up Island, LLC; AP 35-24.
                Determination of Applicability 3SDS, LLC; AP 35-1.4.
                Determination of Applicability Jaffe; AP 32-70.
                Determination of Applicability Community Center; AP 30-93, 94.

The next meeting will be Wednesday, October 21, 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.