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Conservation Commission Minutes 04/06/16
FINAL

Present for the Conservation Commission and attending the meeting were:  Sandy Broyard, Chairman, Candy Shweder, Vice Chairman, Joan Malkin, Chris Murphy, Bob Hungerford, Russell Maloney, Pam Goff and Chuck Hodgkinson.  Also attending were Reid Silva, Jack and Lucy Taylor, Peter Rodegast, Emma Green-Beach, Lt. Patrick Page, USCG, Tim Carroll and Keith Emin.  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 – 766; REID SILVA FOR CHLOECO HOLDINGS, LLC; 20 David’s Way;     AP 21-21.1, 22:    Ms. Broyard opened the public hearing at 12:31 PM.  Mr. Silva discussed the plan to stabilize an eroding coastal bank on Vineyard Sound by planting American beach grass plugs one foot apart on the coastal bank.  Approximately 160 linear feet of bank will be planted.  No coir logs or jute netting will be used and all materials will be brought to the bank by hand.  The work will be done in the spring or fall planting season.  With no public comment a motion was made to close the hearing at 12:40 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:
  • 310 CMR 10.30(3) of the Wetlands Regulations, promulgated under Massachusetts General Laws Chapter 131, Section 40, and Section 2.05 (4C) of the Chilmark Conservation Commission Rules & Regulations, promulgated under the Chilmark Wetlands Protection Bylaws, requires that no coastal engineering structure, such as a bulkhead, revetment, or seawall shall be permitted on a bank, or on an eroding bank, at any time in the future to protect the project allowed by this Order of Conditions.
  • An on site meeting shall take place among the contractor(s) and the Conservation Agent to review this Order before work begins.
  • The coastal bank vegetation may be maintained provided the maintenance plan is reviewed with the Conservation Agent before the maintenance work begins.
  • All materials shall be brought to the work area and bank by hand.  All planting on the bank will be done by hand.  No machinery shall be used.
  • As presented, no coir logs or jute netting will be used on the coastal bank.
The motion was seconded and with no further discussion passed unanimously with seven in favor.

RFD UNITED STATES COAST GUARD CIVIL ENGINEERING UNIT 20 Edy’s Island Way; AP 27.1-78:  Lt. Patrick Page explained the current 1,750 foot water line running from the coast guard station to the new boathouse will be replaced with a 530 foot, 2 inch pvc line running from the fire hydrant on North Rd. next to the Galley Restaurant to the boathouse.  He reviewed all of the methods and erosion containment procedures that will be followed.  The activity is within the buffer zone of Menemsha Basin and Menemsha Channel and approximately 65 feet from the Green Pond wetland.  After brief discussion a motion was made for a negative determination with the following condition:  All construction debris shall be removed from the site daily or stored in a covered dumpster located on the boathouse parking area.  The motion was seconded and passed unanimously with seven in favor.
NOI LOCAL BYLAW ONLY; NO DEP FILE #; REID SILVA FOR UP-ISLAND, LLC; 21 Squibnocket Rd.; AP 35-24:  Ms. Broyard opened the public hearing at 12:53 PM.           Mr. Silva reviewed the isolated wetland resource and the plan to relocate, renovate and build an addition onto a pre-existing historic house.  A full basement foundation will be constructed for this structure and the connector addition to the studio.  The existing studio will remain in its location and have a new crawlspace foundation constructed.  A new deck and entry stairs will be built on the west side of the studio.  An existing stone terrace on the west side of the historic house will be restored and buried utility service will be installed.  All of the activity is in the 100-foot buffer zone of an 1800 sq. ft. isolated wetland.   There was much discussion regarding excavation spoils handling, staging areas and erosion control measures.   With no public comment a motion was made to close the hearing at 1:14 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 work was approved as shown on the site plan dated 1/27/16:
  • The historic structure will be relocated approximately 3.5 feet to the east toward Squibnocket Road and farther away from the isolated wetland.  The studio will remain in its current location.
  • A basement foundation will be excavated and poured under the historic structure and the connector to the studio.
  • A crawl-space foundation will be excavated and poured under the studio.
  • The utility poles and overhead wires will be removed.  New utility service will be trenched to the house.  The location will be determined when the Squibnocket Beach utility plan is established.
  • All excavation spoils shall be removed from the site daily.  Any material that is held as backfill shall be stored outside the resource buffer zone and contained with siltation barriers to prevent erosion and washout.
  • A revised site plan showing the limit of work area, siltation barriers for any excavation material storage and erosion control near the wetland shall be provided before work begins.
  • A complete re-landscape plan with its location shown on the revised site plan shall be provided to the Commission before work begins.  Consideration shall be given to a no cut or mow zone abutting the isolated wetland.
  • The hay bales and siltation barrier between the work area and isolated wetland as shown on the site plan shall be installed and approved by the Conservation Agent before work begins.  This system shall be maintained in good condition and left in place until the new lawn is established.
  • An on site meeting shall take place among the Conbservation Agent and the contractor(s) to review this Order before work begins.
The motion was seconded and passed unanimosuly with seven in favor.

RFD MV SHELLFISH GROUP; 290 South Rd., 18 Thumb Cove and 27 Whiting Way; Maps 23, 24 Lots 3, 195, 36:  Emma Green-Beach reviewed a plan to study the nitrogen content in the Phragmites located along the shore of Chilmark Pond.  Written permission was received from two of the three land owners.  The third owner is away but, has assured written approval when on island.  The Phragmites will be hand-harvested twice/month between May-October for analysis.  After much discussion about sample handling an seed containment when in transport a motion was made for a negative determination with the following special conditions.  1. Any gas-powered equipment shall be fueled outside the resource area and resource area buffer zone.         2.  The Phragmites samples shall be wrapped in cardboard or in such a way to contain any loose seeds.  3.  Written permission shall be secured from all work area property owners with a copy provided to the Conservation Agent before work begins.  The motion was seconded.  In discussion the Commission asked if a copy of the final report could be provided.  Ms. Green-Beach agreed.  The motion passed unanimously with seven in favor.

DISCUSSION TACK; 3 Nickerson Farm Lane; AP 21-48.2:  (Bobbi Crosby’s house).  Chuck H. explained the Certificate of Compliance for building the stone-enclosed, grass patio was issued in September 2015.  Indigo, the landscapers for the new owners asked if the grass surface could be changed to a dry-laid bluestone patio sloping to a gravel drainage trench along the inside of the stone wall perimeter.  The water drainage will not change or impact the performance of the buffer zone.  Also all work will be done by hand and contained inside the stone wall enclosure.  The Commission agreed with the decision to allow the work.

UPDATE SHERIFF’S MEADOW ENF; MILL BROOK RESTORATION PROJECT; Old Farm Road:  Chuck H. explained a pdf version of the ENF is available and we have not yet received the Notice of Intent for this project.  He informed the Commission that several comment letters have been submitted about the ENF which will be provided when the NOI is received.  

ADMINISTRATION

The March 16 meeting minutes were reviewed and approved as presented by consensus.  

The following documents were signed:

Order of Conditions Local Bylaw Only; Up-Island, LLC; AP 35-24.
Order of Conditions SE 12 – 766; Chloeco; AP 21-21.1, 22.
Determination of Applicability USCG; AP 27.1-78.
        Determination of Applicability MV Shellfish Group; AP 23-3, 24-195, 36. 

The next meeting will be Wednesday, April 20, 2016 @ 12:30 PM.  

With no further business to discuss the meeting adjourned at 1:47 PM.   

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