FINAL
Present for the Conservation Commission and attending the meeting were: Candy Shweder, Chairman, Joan Malkin, Vice Chairman, Maureen Eisner, Pam Goff, Sandy Broyard, Russell Maloney and Chuck Hodgkinson. Kathleen Tilton also attended. Chris Murphy and Bob Hungerford did not attend.
The meeting came to order at 12:30 PM. Ms. Shweder appointed Alternate Commissioner Russell Maloney as a voting member.
DISCUSSION KATHLEEN TILTON; 10 Eben’s Lane; AP 13-21: Ms. Tilton explained she recently purchased this property from the Vineyard Conservation Society (VCS) which was previously owned by Thelma Cossutta. Ms. Tilton added she would like to relocate the driveway to continue along the east lot line to the northeast corner and then follow the north lot line. The current driveway runs across her open field. Chuck H. mentioned the property has a Conservation Restriction (CR) administered by the Commission. After discussion it was agreed the relocated driveway will improve the values of the CR provided screening is retained along the east lot line and land bank trail. Ms. Tilton said no trees will be cut down that currently exist between the east lot line and the
proposed driveway location. A motion was made to approve the proposed change to the driveway as discussed. The motion was seconded. In discussion Ms. Malkin wanted to first make a site visit and asked if the owner would stake the centerline of the driveway. After further discussion the motion was amended to approve the proposed driveway provided Ms. Malkin and the Conservation Agent are satisfied with the location of the staked driveway location. The amended motion was seconded and passed with five in favor and one abstention (Ms. Malkin).
DISCUSSION RUSSELL MALONEY; SE 12 – 754; AP 13-8: Mr. Maloney recused himself and reviewed a proposed change to the plan of expanding the existing barn and converting its use to a dwelling. He said the plan to build an addition will be eliminated. The barn will be torn down and re-built on its current footprint. It will look exactly the same as the current structure with the possible addition of two dormers on the south side. After brief discussion a motion was made to declare the change as inconsequential. The motion was seconded and unanimously approved with five in favor. A subsequent motion was made to approve the changes as presented. The motion was seconded and with no discussion passed unanimously with five in favor.
ADMINISTRATION:
DRAFT AMENDMENTS TO BYLAW REGULATIONS:
Section 1.05 “Alter”
Ms. Malkin distributed copies of the already approved amendment to the definition of “Alter”. She then proposed an additional change to the regulation as originally approved. After much discussion a motion was made to approve the following amended language for the definition of “Alter – Section 1.05”. The motion was seconded and unanimously approved with six in favor.
AS APPROVED AND VOTED 10/5/16
Amend the definition of “Alter” in Section 1.05 ‘Definitions” to read as follows:
Alter: to change the condition of any Area Subject to Protection. The term "Alter" shall include, without limitation, the following actions when undertaken in a Resource Area:
- removal, excavation, or dredging of soil, sand, gravel, or aggregate materials of any kind;
- changing the grade or natural contour of land;
(c) changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns or flood retention characteristics;
(d) drainage or other disturbance of water level or water table;
(e) dumping, discharging or filling with any material;
(f) placing of fill, or removal of material;
(g) erection of buildings, or structures of any kind, driving of piles in a new location;
(h) placing of obstructions or objects in water;
(i) destruction of vegetation;
(j) clearing, cutting or pruning of trees, shrubs or other vegetation;
(k) changing water temperature, biochemical oxygen demand, or other physical or chemical characteristics of water; and
(l) any activities, changes, or work which pollute in any way any body of water or groundwater.
Section 2.06 “Salt Marshes”
The previously approved draft for Section 2.06 was reviewed. After discussion a motion was made and seconded to affirm the approval of this draft. The motion passed unanimously with six in favor.
AS APPROVED AND VOTED 10/5/16
Amend Sections 2.06(3) and (4) to read as follows:
(3) Prohibitions
No activity, which will result in the building within or upon, removing, filling, or altering of a salt marsh, or land within 100 feet of any salt marsh, shall be permitted by the Conservation Commission except for the maintenance of an already existing structure and any activity which is allowed under a variance from these regulations granted pursuant to Section 5.01.
(4) Activity allowed under a variance
Any activity which is allowed under a variance granted pursuant to Section 5.01 of these regulations on a salt marsh, or within 100 feet of a salt marsh, shall comply with the following regulations:
(A) A proposed project in a salt marsh, or on lands within 100 feet of a salt marsh, or in a body of water adjacent to a salt marsh, shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh. Alterations in growth, distribution and composition of salt marsh vegetation shall be considered in evaluating adverse effects on productivity. Also note Section 4.02 of these regulations.
(B) Notwithstanding the provisions of Section 2.06(3), a small project within a salt marsh, such as an elevated walkway or other structure which has no adverse effects other than blocking sunlight from the underlying vegetation for a portion of each day, may be permitted if such a project complies with all other applicable requirements of these regulations. No such walkway may be lower than 3.5 feet above the salt marsh unless it is at least 6 inches above the mature height of the underlying vegetation and it is designed to enable adequate sunlight to penetrate the walkway to sustain the vegetation.
Section 6.05 Responsible Parties
The previous draft of the proposed amendments to this section were reviewed and discussed. After making two additional edits a motion was made to approve the draft as revised. The motion was seconded and unanimously approved.
AS APPROVED AND VOTED 10/5/16
Amend Section 6.05 Responsible Parties to read as follows:
- The current owner(s) of a property on which a violation has occurred is the party responsible and therefore liable for any fines and/or legal action regardless of any contract with a second party to obtain necessary permits, perform work, or adhere to conditions of a permit. In addition, if a person other than the owner committed the violation, that person is also similarly responsible and liable.
- The owner(s) and any such other person(s) must attend in person or by teleconference the meeting of the Conservation Commission in connection with the violation and any enforcement order.
The Commission discussed how to move forward with additional amendments. Ms. Goff suggested reviewing the entire bylaw and regulations with a goal of eliminating the requirement for a Variance to the Regulations. It was agreed to continue reviewing the amendments with this in mind and clarifying the regulations for each resource in a manner such that compliance or non-compliance with the Regulations can be determined and conditioned accordingly without requiring a formal request for a Variance.
With no further business to discuss the meeting adjourned at 2:00 PM.
Respectfully submitted by Chuck Hodgkinson, C.A.S.
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