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Conservation Commission Minutes 05/18/16
FINAL

Present for the Conservation Commission and attending the meeting were:  Candy Shweder, Chairman, Joan Malkin, Vice Chairman, Sandy Broyard, Bob Hungerford, Russell Maloney, Maureen Eisner, Pam Goff, Chris Murphy and Chuck Hodgkinson.  Also attending were Reid Silva, John and Barbara Armstrong, Jim Malkin, Daniel Padien, Sally Davis, Mark Haley, Warren Doty, Bill Rossi, Peter Cook, Alex Elvin, Tim Carroll, Rich and Sue Regen, Rosalie Hornblower, Eric Peters and Amy Haklisch.    

The meeting came to order at 12:31 PM.  Ms. Shweder appointed Alternate Commissioner Russell Maloney as a voting member.

CONTINUED PUBLIC HEARING NOI SE 12 - 757; REID SILVA FOR TOWN OF CHILMARK; Off Squibnocket Rd. and Squibnocket Farm Rd.; AP 35-1.30, 17.2, 17.3, 17.4, 20, 21, 22, 23:  Ms. Shweder opened the continued public hearing at 12:35 PM and mentioned this is the third hearing on this application and this is a follow up to the January 20th hearing.  She then confirmed the eligible voters as Sandy, Candy, Joan, Chris, Pam and Russell.
Mr. Silva summarized the application as the Town would like to do the following managed retreat at Squibnocket Beach caused by natural erosion and the northward migration of the shoreline.  Remove the existing stone revetment and Town parking lot; relocate the parking lot farther north along Squibnocket Road and away from the shoreline; restore the current parking lot and revetment areas to their approximate natural state of a low dune -- including re-vegetation; relocate the skiff launch ramp farther west for better access to Squibnocket Pond.

Mr. Silva summarized the project and the discussion from the January 6 and January 20 hearings.  He added the Martha’s Vineyard Commission (MVC) has concluded its review and unanimously approved the plan with no modifications.  Mr. Silva then reviewed the site plan dated 12/17/15 with a revised date of 5/18/16 that was prepared to locate the erosion control measures.

Abutter Sue Regen asked if the Commission would consider a measure to discourage the public from walking over the barrier beach opposite the skiff launch location.  Ms. Hornblower asked if the security gate could be located before the causeway and skiff launch area.  It was discussed that the Town has a public easement to use the causeway to the skiff launch area and a security gate in this location would obstruct the easement rights of usage.  It was also mentioned the security gate location is determined by the Squibnocket Farm Homeowners Association.         Mr. Silva also pointed out the skiff launch is a better functional location than the current one and does not disturb nearly as much wetland resource as the current skiff launch area.

Mr. Doty stated the Town considers this to be a good application that has been fully vetted with the public for two years and most recently by the MVC.  He urged approval so the Town does not miss out on a third Coastal Resilience Grant opportunity from Massachusetts Coastal Zone Management.

The Commission discussed the removal of the remaining five feet of organized blue stone revetment near Money Hill and the reorganization of the existing natural rocks as shown on the revised site plan.  With no further public comment a motion was made to continue the hearing to May 25 @ 12:30 PM to provide time for the Commission to consider the recently received MVC decision and conditions.  The motion was seconded and approved with six in favor and two abstentions (Ms. Eisner and Mr. Hungerford).

CONTINUED PUBLIC HEARING NOI SE 12 - 759; DANIEL PADIEN FOR SQUIBNOCKET FARM, INC.; off Squibnocket Rd. and Squibnocket Farm Rd.; AP 35-1.30, 17.3, 17.4, 21, 22, 23:  Ms. Shweder opened the continued public hearing at 1:05 PM and mentioned this is the fourth hearing on this application and this is a follow up to the March 2nd hearing.  She then confirmed the eligible voters as Sandy, Candy, Joan, Chris, Pam and Russell.
Ms. Davis summarized the application as managed retreat of the existing access road to the homeowner’s residences caused by natural erosion and the northward migration of the shoreline.  Construct a new access roadway originating at Squibnocket Road to the north and intersecting with Squibnocket Farm Road -- west of the current security gate.  A combination of a filled road will with turnouts will lead from Squibnocket Road and Squibnocket Farm Road and intersect with a raised causeway over the wetland resource areas.  The raised causeway will be modeled after the current Menemsha drive-on dock.  The existing buried utilities running underneath the current Town parking lot will be removed.  The new utility lines will run under the new filled road sections and through conduit located on the north side of the concrete deck of the raised causeway.  

Ms. Davis summarized the previous three hearings and the MVC approval decision and landscaping conditions.  She added the three new elements for discussion today will be the revised landscape plan that was prepared for the MVC, a site plan dated May 2016 that visually outlines the further managed retreat plan narrative that was reviewed at the March 2 hearing and a construction site management narrative dated 5/18/16.  Chuck H. then read the NHESP report on the project that had no objections and a letter from abutter Doug Liman for the record.

Mr. Padien reviewed the three new elements in detail.  The Commission agreed with these plans.  The Commission further inquired about the handling of the remaining loose rock and boulders at Money Hill.  After much discussion on this matter and with no further public comment a motion was made to continue the hearing to May 25 @ 12:45 PM to provide time for the Commission to consider the recently received MVC decision and conditions.  The motion was seconded and approved with six in favor and two abstentions (Ms. Eisner and Mr. Hungerford).
NOI SE 12 - 769; GLENN PROVOST FOR THE OSPREY RIDGE REALTY TRUST AND THE BLACKSMITH RIDGE REALTY TRUST; 14, 16 Squibnocket Rd.;               AP 35-17.1, 17.2:  Ms. Shweder opened the public hearing at 1:50 PM.  Mr. Provost reviewed a revised site plan dated 5/18/16 that indicated the site access location off Squibnocket Road.  He described the plan to construct and maintain a vegetated berm that is approximately 8 feet above existing grade and within the buffer zone of a Bordering Vegetated Wetland.  The existing soil will be stripped to a depth of six inches before adding the berm material.  It will be re-planted with a mix of native blue stem and meadow grasses.  The closest activity is approximately 75 feet from the wetland edge that is located on the opposite side of Squibnocket Road.  He added the construction would take place at the same time as the Squibnocket project’s construction.  With no public comment a motion was made to close the hearing at 2:00 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the revised plan dated 5/18/16 as presented with the following conditions:  1.  Silt fencing with staked hay bales shall be installed and approved by the Conservation Agent (CA) before work begins.  This siltation barrier shall be maintained in good condition until the new grass mixture and vegetation is established.  2.  No fertilizers, herbicides, fungicides or pesticides shall be used at any time.    3.  No material shall be stockpiled within the buffer zone.  4.  If a runoff problem should arise at any time before the planting is established the applicant shall review a corrective plan with the CA as soon as practicable.  The motion was seconded and with no further discussion passed unanimously with eight in favor.  
  
NOI SE 12 - 770; REID SILVA FOR WILLAM BINGHAM AND JOAN LAMACHIA;    21 Carroll Lane; AP 27.1-176:  Ms. Shweder opened the public hearing at 2:05 PM.  Mr. Silva reviewed a site plan dated 4/28/16 to install and maintain a proposed septic system upgrade and expand and maintain an existing view channel within the buffer zones of a Bordering Vegetated Wetland draining into a Coastal Pond to the east and a salt marsh to the north and within the 200 foot Riverfront Zone and buffer zone of a perennial stream.  There will be 3020 sq. ft. of temporary disturbance in the first 100 feet of the Riverfront zone and 296 sq. ft. of temporary disturbance in the second 100 foot section.  He added the excavation spoils will be removed from the site and siltation barriers will be installed.

Mr. Silva then explained the desire for continued maintenance and expansion of the view channel.  He summarized the plan as the beech tree pruning will be continued and maintained at the current height and a new view channel will be opened by removing the Sassafras that will be flush cut.  The remaining understory will be maintained to a height of 8 feet.  With no public comment a motion was made to close the hearing at 2:14 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented with the following conditions:   1. The Conservation Agent (CA) shall approve the siltation barriers before work begins.  2.  All excavation spoils shall be removed from the site daily.  3.  The beech trees shall be pruned to a height no lower than 12 feet above grade.  The Sassafras may be flush cut for the view channel provided the root structure remains intact for bank stabilization.  The remaining view channel understory shall be maintained to a height no lower than 8 feet above grade.  The motion was seconded and passed unanimously with 8 in favor.

NOI SE 12 - ???; TIM CARROLL FOR TOWN OF CHILMARK; 61 Basin Rd.;              AP 21-1, 3:   Chuck H. mentioned the DEP has not yet received this Notice.  Ms. Shweder opened the public hearing at 2:20 PM.  Mr. Doty opened the discussion by stating contrary to what’s shown on the site plan no parking was ever planned for the proposed clearing and bus turnaround on the north side of the comfort station.  Mr. Silva summarized the features on the site plan as follows:  Expand the limits of the Basin Road as it passes through the Menemsha Beach parking area by five feet and to create 2,670 sq. ft. of dirt space for a bus turn around area adjacent and/to the North of the Comfort Station.  Approximately 4,160 sq. ft. of asphalt will be added along the east side of Basin Road and along the north side of the parking lot facing Vineyard Sound.  The new asphalt area is approximately 1096 ft. long and 5 feet wide.  The previously approved 395 ft. long seasonal boardwalk on the east side of Basin Road will need to be moved farther east of the additional paved area.  The boardwalk will be widened from 3 feet to 6 feet (est. 2,310 sq. ft.).  The dune fencing will be relocated as needed.  Approximately 800 sq. ft. area will be replanted with Rosa Rugosa and/or beach grass to help contain erosion along the section abutting Menemsha parking lot.  A total of approximately 800 sq. ft. of dune and 10,660 sq. ft. of land subject to flooding that includes a salt marsh buffer zone will be removed or disturbed.  

Abutter Barbara Armstrong asked if the depth of the bus turnaround clearing could be confined to the depth of the comfort station since no parking is proposed.  It would reduce the amount of disturbance in the resource area.

Much discussion took place regarding the need for additional paving and the bus turnaround location.  The Commission asked that the discussion be focused on the proposal’s impact on the resources and to have the resources clearly delineated on the site plan.  After much debate        Mr. Doty asked to withdraw the application without prejudice until additional planning can be done.  A motion was made and seconded to accept the request.  With no discussion the motion passed unanimously with eight in favor.

ADMINISTRATION

The following documents were signed:

Order of Conditions SE 12 – 769; Osprey & Blacksmith Ridge Realty Tr.;                      AP 35-17.1, 17.2.

        Order of Conditions SE 12 – 770; Bingham, LaMachia; AP 27.1-176.
        
The next meeting will be Wednesday, May 25, 2016 @ 12:30 PM.  

With no further business to discuss the meeting adjourned at 3:00 PM.   

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