FINAL
Present for the Conservation Commission and attending the meeting were: Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Chris Murphy, Pam Goff, Bob Hungerford, Russell Maloney, and Chuck Hodgkinson. Also attending were: Tara Marden, Chip Nylen, Beth Hayes, Reid Silva, George Sourati and George Brush. Maureen Eisner was absent.
The meeting came to order at 12:30 PM. Ms. Broyard appointed Alternate Commissioner Russell Maloney as a voting member.
AMENDED ORDER OF CONDITIONS SE 12 - 749; REID SILVA FOR SCHEUER FAMILY PROPERTIES, LLC; 2 Chocker’s Lane; 5 Herring Run; 267 State Rd.; AP 33 and 34 Lots 4, 5 and 4.2: Ms. Broyard opened the public hearing at 12:31 PM. Mr. Silva explained this proposed amendment to the Order of Conditions issued on October 9, 2015 is to formalize the inconsequential changes to the original plan that were already approved by the Commission on 11/18/15. He added the revised site plan dated 2/3/16 moves the proposed location of the new stairs on Map 34 Lot 4.2 to the east slightly to avoid disturbance to the salt marsh. The stairs will run approximately five feet down the bank and have four support posts. The existing set of
beach stairs will remain in place and therefore will not require an extension of the walking path along a wetland edge. The Commission agreed the location is clearly better than walking down the path along the bank. With no public comment a motion was made to close the hearing at 12:38 PM. The motion was seconded and unanimously approved. A subsequent motion was made to approve the plan as presented on the site plan dated 2/3/16 with the following special conditions: 1. The path along the top of the bank from the new stairs and running east to the property line shall no longer be cut or mowed so it can revert back to its natural state. 2. Any future maintenance plans for the stairs shall be reviewed with the Conservation Agent before work begins. 3. Any petroleum-powered equipment shall be refueled outside the resource area and 100-foot resource area buffer zone. 4. To allow future maintenance of the stairs all
conditions of this Order must be met at all times. The motion was seconded and with no further discussion passed unanimously with seven in favor.
NOI SE 12 - 758; REID SILVA FOR MV SAVINGS BANK; 517 South Rd.; AP 33-96: Ms. Broyard opened the public hearing at 12:40 PM. Mr. Silva explained the bank would like to abandon and fill an existing cesspool and install a septic system upgrade within the 100-foot buffer zone of a Bordering Vegetated Wetland. The cesspool is 59 feet and new leach field 78 feet from the wetland edge. He pointed out the location on the site plan dated 12/18/15 and indicated where the siltation barriers would be installed. 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 dated 12/18/15 with the condition that the
Conservation Agent shall approve the installed siltation barriers before work begins. The motion was seconded and unanimously approved with seven in favor.
NOI – LOCAL BYLAW ONLY; NO DEP FILE #; TARA MARDEN FOR FOOL’S HIGH TIDE, LLC; 25 East Lane; AP 32-68.1: Ms. Broyard opened the public hearing at 12:50 PM. Ms. Marden briefly summarized the history of this project. She explained this is a submission of the plan the DEP approved for the Superseding Order of Conditions to protect the existing single-family residence that is approximately 82 feet from the top of the coastal bank. The proposal is no longer intended to mitigate coastal bank erosion but, is designed and presented as a beach nourishment project. It adds 1600 cubic yards of cobble to construct a berm above mean high water and an additional 650 cubic yards of sand on top of the cobble. The berm will run along 315 feet of the bank centered on the headland.
The 50-foot additions of sand on either end to the lot lines were dictated by the NHESP. The total project area is 17,450 sq. ft.
The cobble berm will rise approximately 2-3 feet at the toe of the bank and have an additional 2 feet of sand on top of the cobble. The berm will proceed on a level plane 20 feet from the bank toward the ocean. The end of the berm will be between 5-6 feet above the existing beach before it tapers down to the shore level. The nourishment will terminate at the high water mark, approximately 35-40 feet from the toe of the bank. The Commission recalled its opinion regarding the larger 24” stones from the previous proposal that was denied. It thought it might be better to eliminate the large stones from the mix as it would be difficult to replicate the mix of large rocks deposited on the glacial moraine, noting also that, while the smaller cobble might move with the existing sediment, it is
unlikely the larger boulders would move much, if at all, resulting in a higher proportion of boulders than before the creation of the berm. The existing large rocks should remain in their natural locations. The Commission further pointed out its concern that the current proposal does not match the existing beach composition. The nourishment must be designed such that it moves at the same rate of the current mix of beach sediment.
Ms. Marden further explained large excavators will not be needed to traverse the bank and spread the nourishment. They will use a long conveyor belt with a 60-foot reach to transport the new sediment to the beach. It will start in the parking area and run past the top of the bank to transport the new sediment to the beach. A small bobcat will be used to organize the berm cobble and sand on the beach. Ms. Marden estimated it would require approximately 120 large dump truck trips to bring 2,250 yards of cobble and sand to the site. Ms. Marden explained the only vehicular traffic over the edge of the bank would be the bobcat.
The Commission asked how the sediment will be distributed at the headland and further inquired why the existing house could not be relocated further away from the bank. Mr. Nylen stated that it is his client’s wish to seek approval for beach nourishment, rather than moving the house. There was further discussion about the approvals required to relocate the house and whether it could be moved closer than the minimum setback distance from the abutting property or into the buffer zone of the adjacent wetland to the north. Mr. Nylen stated his client had not pursued these alternatives at this time. The Commission explained it is requiring an exit plan for coastal homes and structures that outlines the conditions that would trigger the submission of a plan to remove or relocate the
structure(s).
Mr. Brush passed out a list of 27 questions he and his client (abutter Lenny Bell) have about the project. After further discussion the Commission said it would like to continue the hearing to March 2 @ 1:00 PM to provide time for it to submit a list of questions in writing for a written response before March 2. Ms. Marden agreed. A motion was made to continue the hearing to March 2, 2016 @ 1:00 PM. The motion was seconded and passed unanimously with seven in favor.
CERTIFICATE OF COMPLIANCE SE 12 – 510; 13 Hewing Field; AP 12-42: Chuck H. explained an Order was issued in April 2006 for the installation of a new water well, driveway and utilities. The work was within the 200-foot Riverfront Area. The property is being prepared to sell, explained all conditions of the Order have been met and recommended declaring the project as being in full compliance. A motion was made to accept the report and issue the Certificate of Compliance as outlined. The motion was seconded and unanimously approved with seven in favor.
CERTIFICATE OF COMPLIANCE; LOCAL BYLAW ONLY; 14 Yardarm Lane; AP 24-227: Chuck H. said an Order was issued in September 2013 to renovate the house, add a porch and new septic that was in the 100-foot buffer of the 100-year flood line. The project is complete and was built with considered care for the resources. A motion was made to accept the report and declare the project as in full compliance. The motion was seconded and passed unanimously with seven in favor.
CERTIFICATE OF COMPLIANCE SE 12 – 734; 14 Yardarm Lane; AP 24-227: Chuck H. explained a separate Order was issued in April 2015 to maintain a view shed and walking path to Chilmark Pond. He shared photos of the view maintenance and recommended the on-going conditions should be # 6 and # 7 regarding bird nesting season and future maintenance: On-going maintenance shall be allowed provided the future maintenance plans and timing are reviewed with the Conservation Agent before work begins. To protect bird nesting season a specific pruning window shall be determined for executing the proposed maintenance. A motion was made to accept the report with the on-going conditions as outlined. The motion was seconded and
passed unanimously with seven in favor.
CERTIFICATE OF COMPLIANCE COHEN, SCHEUER; SE 12 – 167; off State Rd.; AP 34-3.0, 4.2: Chuck H. outlined an Order was issued in July 1992 to restore a coastal bank on Menemsha Pond that was damaged during Hurricane Bob. There is no evidence the Order was filed at the Registry of Deeds or the work done. He recommended issuing a Certificate of Compliance for an invalid Order of Conditions. A motion was made to accept the recommendation. The motion was seconded and passed unanimously with seven in favor.
ADMINISTRATION
The review of the January 6 and January 20 meeting minutes was deferred to the next meeting.
The following documents were signed:
Amended Order of Conditions SE 12 - 749; Scheuer; AP 33, 34 – 3, 5 and 4.2.
Order of Conditions SE 12 - 758; MV Savings Bank; AP 33-96.
Certificate of Compliance Dimovich; SE 12 – 510; AP 12-42.
Certificate of Compliance Khedouri; Local Bylaw Only; AP 24-227.
Certificate of Compliance Khedouri; SE 12 – 734; AP 24-227.
Certificate of Compliance Cohen, Scheuer SE 12 – 167; AP 34-3.0, 4.2.
The next meeting will be Wednesday, February 17, 2016 @ 12:30 PM.
With no further business to discuss the meeting adjourned at 2:40 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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