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Conservation Commission Minutes 03/02/16
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:  George Sourati, Matt Poole, Katie Carroll, Reid Silva, Meg Rehrauer, Mark Haley, Wendy Weldon, Jo-Ann Taylor, George Brush, Debbie Hancock and Alex Elvin.  Maureen Eisner was absent.  

The meeting came to order at 12:30 PM.  Ms. Broyard appointed Alternate Commissioner Russell Maloney as a voting member.
 
NOI SE 12 - 759; MEG REHRAUER FOR SQUIBNOCKET FARM, INC.; off Squibnocket Rd. and Squibnocket Farm Rd.; AP 35-1.30, 17.3, 17.4, 21, 22, 23:  (Referred to MVC – No vote today; Eligible voters: Sandy, Candy, Joan, Chris, Pam and Russell)  Ms. Broyard opened the continued public hearing at 12:33 PM and confirmed all eligible voters are present.  The Commission discussed the earlier site visit to view the installed platforms and thanked the applicants.  Mr. Haley reviewed the proposed next phase of the managed retreat plan.  The Commission thanked him and said they will review it further.  Ms. Taylor from the MVC asked if the Commission would provide a written statement on its opinion of both Squibnocket projects for the record.  After discussion the Commission thought it is premature to do so because the vote on each Order cannot take place until after the MVC finishes its process.  The Commission further stated it is confident in the Town’s ability to regulate the impacts on the resources.  With no additional public comment a motion was made to continue the hearing to a date after the MVC finishes its review.  At that time the hearing date and time will be re-advertised and abutters re-notified.  The motion was seconded and passed unanimously with six in favor and one abstention (Mr. Hungerford).

NOI – LOCAL BYLAW ONLY; NO DEP FILE #; TARA MARDEN FOR FOOL’S HIGH TIDE, LLC; 25 East Lane; AP 32-68.1:  (Eligible voters: Sandy, Candy, Pam, Joan, Chris, Russell and Bob)  Chuck H. read an email from the applicant requesting  a continuance to March 16 @ 12:50 pm to provide more time to answer the Commission’s questions.  A subsequent motion was made to accept the request.  The motion was seconded and passed unanimously with seven in favor.

NOI SE 12 - 762; REID SILVA FOR FREDERICK KHEDOURI; 10 Harbor Hill;            AP 27.1-101:  Ms. Broyard opened the public hearing at 1:00 PM.  Mr. Silva reviewed a site plan dated 1/6/16 to construct an 8’ X 4’ addition to the existing pier deck; install a new eight inch thick concrete retaining wall against the coastal bank; support the cottage with poured concrete footings instead of pre-cast footings; relocate the above-ground sealed holding tank and built a 3’ X 3’ storage shed behind the building where the tank is currently located.  A new electric service line will be trenched three feet and proceed under the stairway to the house.  He added the deck addition will be cantilevered and therefore have no disturbance of land under water.  The Commission asked how many linear feet of the bank will be disturbed.  Mr. Silva said about 28 feet but, asked if he could get back to the Commission with the exact amount.  They agreed.  In discussion the Commission thought this portion of Menemsha Basin is a compromised resource due to the pre-existing development.  With no public comment a motion was made to close the hearing at 1:31 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:
  • The following projects were approved as shown on the site plan dated 1/6/16.  
  • A three-foot long trench shall be dug to bury the power lines from the pole to the stairs where the lines will be housed in conduit under the stairs to the house.
  • Pin footings will be placed above mean high tide and under the structures.  Board forms will be hand built around the pin footings and concrete will be hand poured to secure the pin footings.  Wooden posts will support the structure from the concrete footings.
  • The existing retaining wall will be replaced with an 8-inch wide concrete wall held in place with metal pipes as with the existing retaining wall.  The new wall will run approximately 28 feet.  The above-ground septic holding tank will be relocated farther north in the space between the structure and the retaining wall.
  • A 3’ X 3’ storage shed will be built behind the structure in the current location of the holding tank.
  • The proposed deck addition as shown on the site plan will have a cantilevered support system.  It will be located over water and require a Chapter 91 license.
  • The following outlines the special conditions for approval:
  • The Chapter 91 license shall be amended to include the small deck addition that is over land under water.
  • The Conservation Agent shall inspect the footing and retaining wall forms before the concrete is poured.
  • The existing special conditions as outlined in SE 12 – 751 and repeated below shall remain in effect.
Chilmark Order of Conditions Khedouri SE 12 – 751
10 Harbor Hill Rd.; AP 27.1-101
Special Conditions

  • The approved scope of work shall include:
  • The footprint of the shack, deck and dock shall not change.
  • Replace six piles:  4 on the deck and 2 for the dock nearest the deck.
  • Remove non-functional supports for the shack and deck including timber piles, concrete blocks, and stones.
  • Replace and install a functional support system of pin footings or an approved equivalent such as butterfly brackets.
  • The deck, stairway, ramp, exterior shingles, roof and windows will be replaced.
  • Interior renovations will also be done.
  • The bittersweet vines on the sides and rear of the shack will be pruned off the building.  The root structures shall remain in place.
  • The materials staging area shall be located at the roadway level, away from the top of the bank.
  • All debris shall be stored in a covered dumpster located at the roadway level or removed from the site on a daily basis.
  • A tarp shall be secured to the deck and side of the shack facing the water to prevent any construction materials or debris from falling into the bank or water.  This tarp shall be approved by the Conservation Agent (CA) before work begins.
  • Tarps shall be installed on both sides of the shack to also prevent any construction materials or debris from falling into the bank or water.  These tarps shall be approved by the CA before work begins.
  • An on-site meeting shall take place among the CA and contractor(s) to review this Order before work begins.
  • A copy of this Order shall be on site at all times during construction.
The motion was seconded and with no further discussion passed unanimously with seven in favor.

NOI SE 12 – ???; REID SILVA FOR DEBORAH HANCOCK 490 & 500 North Rd.;        AP 27.1-213:  Ms. Broyard opened the public hearing at 1:35 PM.  Mr. Silva reviewed a revised site plan dated 3/2/16 to remove an existing shed located in a Bordering Vegetated Wetland and build a new 12’ X 20’ shed on a concrete slab foundation.  It is located in a wetland buffer zone and within a Riverfront Area.  This site plan reflects the comments made at the site visit and places the new shed entirely in the existing parking area.  It is now 51 feet away from the wetland edge instead of 45 feet as originally proposed.  He added the old shed will be removed by hand.  The Commission thought this was an improvement.  With no public comment a motion was made to close the hearing at 1:41 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented on the site plan dated 3/2/16 with the following conditions:  1. The Order shall not be released until a DEP file number is received.  2.  All construction debris shall be removed from the site daily or stored in a covered dumpster located in the existing driveway or parking area.  3.  The Conservation Agent shall be notified as soon as the old shed is removed to determine if any erosion control, jute netting or re-vegetation is needed to contain erosion until the area is stabilized with natural growth.  The motion was seconded and with no discussion passed unanimously with seven in favor.

RFD REID SILVA FOR NANCY NITCHIE; 165 State Rd.; AP 33-112:  Mr. Silva reviewed a plan to drill a new water well and trench a new water line and power to the dwelling.  The new well is located just off State Road and approximately 65 feet from a wetland edge. He indicated where the siltation barrier will be located.  After brief discussion a motion was made for a negative determination with the following conditions:  1.  To contain the well cuttings a siltation barrier shall be installed along the stone wall to the east and run to the north in front of the well as hand drawn on the site plan dated 1/6/16.  2.  The Conservation Agent shall inspect the installed siltation barrier before work begins.  The motion was seconded and unanimously approved with seven in favor.
NOI SE 12 - 760; GEORGE SOURATI FOR MATHEW CESTAR; 12 Hill Land;            AP 32-40:  (Eligible voters:  Sandy, Pam, Bob, Joan, Chris and Russell)  Ms. Broyard opened the continued hearing at 1:52 PM and confirmed all eligible voters are present.  Mr. Sourati reviewed a revised site plan dated 3/2/16.  He explained the buyers do not want to relocate the 1965 section of the house that is next to the stream.  He then explained that they would be willing to tear down the porch, breakfast extension and two small decks that are closest to the steam.  This will remove 294 sq. ft. of structure.  The sections will be removed by hand.  This would then have the closest section of the structure 16 feet from the stream instead of six feet from the stream.  Matt Poole pointed out there is an oil fill pipe with a whistle on the property but, a buried tank could not be located.  He added the septic system has not yet been approved.  Abutter Rebekah Parker asked if the propane tank will be buried.  The Commission said it allows propane tanks to be buried as any leaks will be dissipated into the air and not affect the water resources.  After reviewing all the questions from the February 17th hearing and with no further public comment a motion was made to close the hearing at 2:17 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised site plan dated 3/2/16 as presented with the following special conditions:  
  • As shown on the site plan dated 3/2/16 a total of 294 sq. ft. of house, porch and decking shall be removed from the west side of the structure next to the stream.  Hand tools shall be used for the demolition.
  • No heavy machinery shall be used to drive in the helical foundation posts under the remaining 1965 section of the house.
  • The helix supports will be no deeper than 12 feet below grade.
  • A combination of snow fencing with silt fence shall be installed along the limit of work area as shown on the site plan dated 3/2/16 and approved by the Conservation Agent (CA) before work begins.
  • The buried oil tank for the oil fill pipe and whistle found behind the garage shall be located and safely removed from the site in accordance with standard procedures.  This work shall be reviewed with the Fire Chief.  The CA shall be notified in advance and be present on site when the tank is removed.
  • If there is an oil tank in the basement that is planned for removal, the same procedures as outlined in condition # 5 shall apply.
  • The propane tank may be buried behind the garage as shown on the site plan dated 3/2/16.
  • Arsenic-free pressure treated wood shall be used for the new deck framing only.
  • The construction staging area shall be confined to the driveway within the limit of work area.
  • All debris shall be removed from the site on a daily basis or stored in a covered dumpster located on the existing driveway within the limit of work area.
  • The applicant shall return to the Commission with a detailed landscape plan that also addresses the handling of roof-water runoff for approval and before construction begins.
  • No fertilizers, herbicides, fungicides of any kind shall be used anywhere on the property.  The applicant shall also explain how the owners plan to coordinate this with their landscape maintenance contractor over time.
The motion was seconded and with no discussion passed with six in favor and one abstention (Ms. Shweder).

NOI SE 12 – 756; TOM CARBERRY FOR CARL & MARTHA TACK; 3 Nickerson Farm Lane; AP 21-48.2:  Chuck H. read an email from Mr. Carberry stating the owners have decided to cancel the new garage project and he is requesting the application be removed without prejudice.  Chuck H. added the eligible voters are Sandy, Joan, Chris, Pam, Bob and Russell.  A motion was made to accept the request.  The motion was seconded and passed with six in favor and one abstention (Ms. Shweder).

ADMINISTRATION

The February 17 meeting minutes were reviewed and approved as presented by consensus.  

The following documents were signed:

Order of Conditions SE 12 – 762; Khedouri; AP 27.1-101.
Order of Conditions SE 12 - ???; Hancock; AP 27.1-213.
Order of Conditions SE 12 – 760; Cestar; AP 32-40.
                Determination of Applicability Nitchie; AP 3-112.

Chuck H. explained the Environmental Notification Form (ENF) was received from Sheriff’s Meadow Foundation for their Mill Brook restoration project in Chilmark – to replace the culvert under Old Farm Rd. to restore the natural stream flow.  This will eliminate the shallow pond on the west side of the road and change the existing ecosystem created by the existing inadequate culvert.    

The next meeting will be Wednesday, March 16, 2016 @ 12:30 PM.  

With no further business to discuss the meeting adjourned at 2:33 PM.   

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