FINAL
Present for the Conservation Commission and attending the meeting were: Candy Shweder, Vice Chairman, Joan Malkin, Chris Murphy, Bob Hungerford, Pam Goff and Chuck Hodgkinson. Reid Silva, Chris Alley, Carlos Montoya, Marc Villa, Russell Maloney and Doug Cooper also attended. Sandy Broyard and Maureen Eisner were absent.
The meeting came to order at 12:30 PM. Ms. Shweder assumed the role of Chair for the day’s agenda.
RFD CHRIS ALLEY FOR MARC VILLA; 11 Howell Lane; AP 27-4.1: Mr. Alley reviewed a site plan dated 11/2/15 and a pool equipment shed plan dated 10/29/15. Mr. Villa would like to construct a built-in swimming pool. The pool is outside the 100-foot buffer zone of a Bordering Vegetated Wetland. A portion of the four-foot high pool enclosure is within the wetland buffer zone – approximately 85 feet from the wetland edge. The pool and pool equipment shed are located within the second 100-feet of the Riverfront Area. He added the required stand pipe will also be located within the second 100 foot Riverfront Area. There is approximately 2100 sq. ft. of disturbance in the Riverfront Zone—well below the maximum allowed under the Act of 5,000 sq. ft. The
Commission asked where the filter backwash water will be drained. Mr. Alley said this wasn’t determined but offered it could be directed into the existing dry well for the outdoor shower. After discussion a motion was made for a negative determination with the following special conditions: 1. The pool water backwash shall be drained into the outdoor shower dry well. 2. Hay bales and silt fencing shall be installed along the 100-foot buffer zone limit and approved by the Conservation Agent before work begins. 3. Construction site access shall be from outside the buffer zone and delineated with construction fencing to contain traffic—before work begins. The motion was seconded and with no discussion passed unanimously with five in favor.
NOI SE 12 - 753; REID SILVA FOR SQUIBNOCKET ASSOCIATES, LTD.; off Squibnocket Farm Rd.; AP 37-2: Ms. Shweder opened the public hearing at 12:40 PM. Mr. Silva explained the drainage problem off Squibnocket Farm Road and reviewed a site plan of the proposed work dated 10/14/15. He said the scope of work includes the repair and maintenance of the drainage culvert under Squibnocket Farm Road and the stabilization of the drainage way down the coastal bank by adding cobble bedding stone. The culvert work is 15 feet from the edge of the wetland and drainage way to the northwest and the proposed cobble will be placed in the drainage way south down the Coastal Bank.
The Commission asked if 4-8 inch cobble is large enough for the culvert bottom. Mr. Silva said in this case bigger rocks are not better as larger rocks would fill the drainage way. The Commission asked if the repairs and cobble work for the drainage sluiceway down the coastal bank is necessary. Mr. Silva said it is not crucial to the plan but, is part of a complete engineering solution for the water flow to the ocean. With no public comment a motion was made to close the hearing at 1:05 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the culvert work but not the culvert work down the coastal bank as follows and as conditioned: 1. The culvert and culvert drainage work is appoved. The drainage area bottom from the culvert
pipes to 20 feet down stream of the culvert pipes shall be cleared and secured with 4" to 8" rip rap stones. 2. No rip rap shall be added to the drainage ditch on the coastal bank. 3. On-going maintenance of the culvert area is allowed provided all conditions of this Order are met and the future maintenance plans are reviewed with the Conservation Agent before work begins. This shall be an on-going condition in a Certificate of Compliance. The motion was seconded and with no further discussion passed unanimosuly with five in favor.
NOI SE 12 - 754; REID SILVA FOR RUSSELL MALONEY 245 North Road; AP 13-8: Ms. Shweder opened the public hearing at 1:08 PM. Mr. Silva reviewed a revised property site plan dated 12/2/15. The proposal is to convert an existing one-story barn that is adjacent to a pool into a two-bedroom dwelling by changing the interior layout and expanding the structure over an existing deck that is supported by a sonotube foundation. A new 361 sq. ft. addition is also proposed with a new, wrap-around deck. The dwelling will be connected to the existing septic system and already has water service and will need heavier electric service brought to the site. The project is in the 100-foot buffer zones of a Bordering Vegetated Wetland and a fresh water pond. The closest activity is
approximately 56 feet from the wetland edge. A frost wall foundation is proposed for the new addition and sonotubes will support the new wrap-around deck.
Mr. Maloney said the barn will probably need a rebuild as it has powder post beetle damage. The existing foundation will be repaired if necessary but, not replaced. The Commission discussed the extent to which the property has already been developed in the buffer zones. Mr. Maloney offered to allow approximately 6,000 sq. ft. of lawn along the wetland edge to return to natural vegetation. He added fertilizers will not be used on the property. With no 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 revised site plan as presented and dated 12/2/15 with the following conditions:
1. This work is allowed as conditioned because the area is already developed and the applicant's offer to allow approximately 6,000 sq. ft. of lawn abutting the wetland to the west and south to return to natural buffer zone vegetation is ample mitigation for the additional 581 sq. ft. of living space and the 418 sq. ft. wrap around porch to the east that are in the in the buffer.
2. A frost wall foundation will be installed for the 361 sq. ft. addition to the east. The existing sonotube foundation shall continue to be maintained and used under the 220 sq. ft. existing deck that will be enclosed. The 418 sq. ft. wrap around porch will have a sonotube foundation.
3. An updated site plan shall be provided identifying the location of the 6,000 sq. ft. +/- buffer zone mitigation area and the 20-foot construction fencing (condition # 6) before work begins.
4. Hay bales and silt fencing shall be installed between the work area and wetland edges and approved by the Conservation Agent before work begins.
5. All debris shall be removed from the site daily or stored in a covered dumpster located in the existing driveway.
6. Construction fencing shall be installed between the wetland edges and located 20 feet from the structure site to define the limit of work.
The motion was seconded and with no further discussion passed unanimously with five in favor.
NOI SE 12 - 755; CHRIS ALLEY FOR DAVID FRIEDBERG; 1 Azalea Lane; Map 29 Lot 5: Ms. Shweder opened the public hearing at 1:24 PM. Mr. Alley explained there are two projects proposed in the Notice of Intent—a septic upgrade and the proposed construction of a new seasonal stairway down the Coastal Bank to the beach. Ms. Shweder asked that the Commission separately review each project to its conclusion. Mr. Alley explained the current septic tanks are cracked and filling with ground water. He would like to abandon and fill the existing tanks and upgrade the existing 5-bedroom septic system by installing a new septic tank, pump chambers and plumbing. The activity is 2 feet from
the edge of a Bordering Vegetated Wetland. He added the excavation spoils will be removed from the site immediately and brought back as needed for fill because of its close proximity to the wetland. With no public comment or questions from the Commission a motion was made to approve the upgraded septic plan as presented and dated 11/11/15 with the following conditions: 1. The excavation spoils shall be immediately removed from the site because the work is approximately 2 feet from the edge of a Bordering Vegetated Wetland. 2. The existing septic tanks shall be abandoned and filled in with the excavation spoils as deemed appropriate. 3. Siltation barriers of hay bales and silt fencing shall be installed between the work area and wetland edge and approved by the Conservation Agent before work begins. This erosion control system shall be maintained in good condition and left in place until the re-planted lawn and landscaping
are established. The motion was seconded and unanimously approved with five in favor.
Mr. Alley then reviewed the site plan dated 11/17/15 for a new seasonal beach stairway. As best can be determined the property has never had a beach stairway. He added no pressure-treated lumber will be used. The Commission read Sections 2.05, 5.01 of the Town’s Wetland Protection Bylaw aloud and discussed if the project meets the criteria needed for a Variance to Section 2.05(3) even though one was not formally requested. The values and protected interests for Coastal Banks were discussed at length. It was further felt that a denial of this beach stairway would not prohibit access to the owner’s beach as it is immediately adjacent to the Town’s beach. With no public comment and with no further debate a motion was made to close the hearing at 1:50 PM. The motion was seconded
and unanimously approved. A second motion was made to deny the Order of Conditions for the new seasonal beach stairway based upon the previous discussions and because the proposal does not satisfactorily demonstrate it will have no adverse impact on the stability of the Coastal Bank as outlined in Sections 2.05 and 310 CMR 10.30(1) which is substantively identical in terms to the Town’s Regulations. The motion was seconded. In discussion the erosion impacts of wind, rain and wave action were discussed as well as how the project does not meet the Variance criteria in Section 5.01as being a rare and unusual case. The motion came to a vote and passed with three in favor to deny and two opposed (Ms. Goff and Mr. Hungerford).
DISCUSSION SE 12 – 746; REID SILVA AND CARLOS MONTOYA FOR FRANK SICA; 16 Crick Hill Rd.; AP 27.1-121: Messrs. Silva and Montoya explained they are here as conditioned in the Order issued on 9/18/15 to review a detailed landscape plan to stall further erosion on the coastal bank leading to Menemsha Basin. Mr. Montoya distributed and presented a narrative dated 11/2/15 outlining the methods, preparation and planting plan to install switchgrass plugs. The Commission thanked Mr. Montoya. A motion was made to approve the plan and narrative dated 11/2/15 with the following requirement: The chosen licensed contractor for this sensitive bank vegetation plan shall meet with the Commission to review the entire plan before work begins. The motion was seconded
and unanimously approved with five in favor.
CERTIFICATE OF COMPLIANCE SE 12 – 204; Fairlawn Ltd. Partnership; 6 Eddy Farm Rd.; AP 25-1.2: Chuck H. explained this Order was issued in August 1994 to develop this lot with a house, garage, driveway, utilities and septic. Portions of the driveway, parking area house and lawn are within the 100-foot buffer zone of a Bordering Vegetated Wetland. The closest activity was 75 feet from the wetland edge. He reviewed the on-going conditions and the Commission asked for confirmation that there is no underground storage of fuel oil. Chuck H. will research this for the next meeting.
FOLLOW UP DISCUSSION JOAN MALKIN, VCS, PROPOSED BAN ON PLASTIC TAKE OUT BAGS. Ms. Malkin summarized the proposal that was initially discussed at the November 18th meeting. There was much discussion about the impact this will have on the island. Ms. Malkin explained each Town will be asked to bring a town warrant to annual meeting seeking approval of the ban. It will only be enforced in those Towns approving the ban on take-out plastic bags. The enforcement and punitive measures for non-compliance still need to be finalized as the VCS group working on this is having meetings with all Conservation Commissions, Boards of Health and Boards of Selectmen. Ms. Malkin asked if the Commission would formally support the proposal. A motion was made stating the
Chilmark Conservation Commission supports the ban on the use of take-out plastic bags. The motion was seconded and passed with four in favor and one abstention (Ms. Goff).
ADMINISTRATION:
The November 18, 2015 meeting minutes will be reviewed at the December 16, 2015 meeting.
Signatures:
Determination of Applicability Villa; AP 27-4.1.
Order of Conditions SE 12 – 753; Squib. Assoc., LTD.; AP 37-2.
Order of Conditions SE 12 – 754; Maloney; AP 13-8.
Order of Conditions SE 12 – 755; Friedberg; AP 29-5.
The next meeting will be Wednesday, December 16, 2015 @ 12:30 PM.
With no further business to discuss the meeting adjourned at 2:45 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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