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Conservation Commission Minutes 10/19/16
FINAL

Present for the Conservation Commission and attending the meeting were:  Joan Malkin, Vice Chairman, Pam Goff, Sandy Broyard, Bob Hungerford, Chris Murphy and Chuck Hodgkinson.  Reid Silva, Lea Littlefield, Richard Brady, Paul McManus, Rick Karney, Josh Scott and Wendy Weldon also attended.  Maureen Eisner, Candy Shweder and Russell Maloney did not attend.  

The meeting came to order at 12:30 PM.   Ms. Malkin assumed the Chair for the day’s agenda.

NOI SE 12 - 778; REID SILVA FOR RICHARD BRADY; 11 Molly’s Way; AP 27.1-54:  Ms. Malkin opened the public hearing at 12:30 PM.  Mr. Brady introduced himself as did his neighbor, Lea Littlefield.  Mr. Silva reviewed the plan dated 9/20/16 to repair, renovate and construct a foundation under an existing dwelling that is located within the buffer zone of a Bordering Vegetated Wetland.  The closest disturbance will be for the basement foundation and approximately 43 feet from the wetland edge.  The half of the foundation that is closest to the septic system will receive a crawl-space foundation.  The other half will be a full basement foundation.  All of the work will be done within the footprint of the building.  The foundation will be dug and secured from underneath the house and will be a block foundation – not poured concrete.  It will not be raised on jacks and blocking for the excavation.  Ms. Littlefield expressed her concern for construction vehicles and personnel using her property because of how tight the neighborhood is relative to the rest of Chilmark.  Mr. Silva said the job can be structured in a manner that this can be avoided.  The Commission discussed how this project is not a tear down or a re-development of the small lot.  It is maintenance to secure the dwelling.  After much discussion about site management and with no further public comment a motion was made to close the hearing at 12:50 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following conditions:
1.  A revised site plan shall be provided showing all the siltation barriers before work begins.      2.  The installed siltation barriers shall be approved by the Conservation Agent (CA) and an on-site conference shall take place among the CA and the contractor(s) to review this Order before work begins.  3.  All excavation spoils shall be removed from the site daily.  4.  No construction vehicles or personnel shall enter the property across the road (Map 27.1 Lot 56) at any time.  The motion was seconded and passed with four in favor and one opposed (Mr. Murphy).

NOI SE 12 - 779; REID SILVA FOR BENJAMIN HOWARD LILIENTHAL; 0 Salt Meadows; AP 21-52.3:  Ms. Malkin opened the public hearing at 1:00 PM.  Mr. Silva presented a google earth image with the wetland delineation shown and dated 9/20/16.  The owner of the vacant lot would like to trim and prune trees and vegetation to open and maintain a view channel and to install a domestic water well within the buffer zone of a Bordering Vegetated Wetland.  The well is approximately 62 feet from the wetland edge.  Mr. Silva said he did not design the Board of Health-approved well location.  The Commission discussed the site visit and agreed it is very difficult to determine how to open the view channel and prune the vegetation.  It also discussed the need for a site management plan and trench location for the well and water line.  A great deal of discussion ensued about doing the project in two successive phases—rather than all at once.  Mr. Silva agreed.  With no public comment a motion was made to close the hearing at 1:13 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the first phase with conditions for executing the first phase and how to prepare for the second phase as follows:
  • The view shed management shall be executed in two phases.   Phase I of the work is approved with the following special conditions.  The applicant shall return to the Commission with the details of the Phase II work for approval before that phase is executed.
  • No Phase I or Phase II work shall be done before holding an on-site conference among the Conservation Agent (CA) and the contractor(s) before work begins.
  • The Phase I work shall be confined only to the area beyond 50 feet from the eastern edge of the wetland toward the house site.  This 50-foot limit shall be clearly staked and approved by the (CA) before any Phase I work begins.
  • The Russian Olives and tree saplings within the Phase I area as defined may be removed.
  • Only hand-held tools shall be used for the work.  Any gas-powered tools shall be refueled outside the resource area and resource area 100-foot buffer zone.
  • The following shall be done after the Phase I work is completed and before reviewing and executing the Phase II work.
  • A house viewing stand shall be erected to more clearly identify the details of the Phase II work.
  • The Phase II view channel work shall be clearly flagged for a site visit.  A site plan shall also be prepared that identifies the limit of Phase I work and the key work areas and the flagged vegetation for Phase II pruning.
  • A detailed access plan for the well digging and a water line trench plan shall be provided and shown on the site plan including the location of hay bales and silt fencing that shall be installed between the well site, trench and the wetland to contain the well cuttings.  The trench spoils shall be placed on the up-grade side of the trench.  The hay bales and silt fencing shall be installed and approved by the CA before the well or trenching work begins.
The motion was seconded and unanimously passed with five in favor.
NOI SE 12 - 777; PAUL MCMANUS FOR DOUG LIMAN; 34 Blacksmith Valley Rd.;      AP 35-38:  Ms. Malkin opened the public hearing at 1:15 PM.  Mr. McManus discussed the site visit and plan to remove and maintain the removal of a 700 sq. ft. stand of Phragmites that is located in a wetland resource along the shore of Squibnocket Pond.  The resource area seemingly fits the definitions of both a Bordering Vegetated Wetland and a Salt Marsh as the pond is brackish.  There will be no land disturbance.  The Phragmites will be cut several times using hand tools and powered hand tools.  No herbicides or chemicals will be used to help contain the Phragmites growth.  Mr. McManus also outlined how he would like to conduct a pilot test of destroying the cut Phragmites by using it as animal feed and also possibly developed as bio-char for use as an upland soil amendment.  The project is within NHESP jurisdiction.  The Commission discussed the timing of the cutting as it relates to the plant’s flowering and seed production.  Their concern was containing the seed and further proliferation of the Phragmites on the property.  Ms. Weldon supported the plan to control the Phragmites growth in Squibnocket Pond without the use of chemicals.  After further discussion and with no public comment a motion was made to close the hearing at 1:45 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 700 sq. ft. stand of Phragmites shall be cut using hand tools two times/year.  Additional cuttings may be needed depending upon the pace of re-growth in the first few years.  If gas-powered hand tools are used they shall be fueled outside the resource area and 100 foot resource area buffer zone.
  • The cuttings shall take place in June and most likely between July 15 – August 15 each year.  Special care shall be taken to avoid cutting when the Phragmites are at seed.  If the cutting takes place when the plants are flowering (before seed) the flowers shall be sealed with plastic bags before cutting to contain any seeds that may be present and fall off the plant.
  • The plant roots and rhizomes shall not be disturbed and left in place.
  • As proposed by the applicant a grid and plant inventory shall be taken before each cutting along with a description of the stage of plant growth i.e. flowering or at seed.  This data shall be shared with the Commission on an annual basis for three years.
  • The disposition of the cut plant material shall be used as on-site feed for the owner’s livestock (pigs).
  • A portion of the cut material shall be burned in a low oxygen environment to produce bio-char and used as soil amendment.  Before any bio-char work is performed the applicant shall return to the Commission with the details of the procedures.
  • An on-site conference shall take place among the Conservation Agent (CA) and contractor(s) before each phase of cutting to review this Order and the material handling requirements.
  • There shall be no use of pesticides, fungicides or chemicals of any kind.
The motion was seconded and passed unanimously with five in favor.

NOI SE 12 - 781; REID SILVA FOR CHLOECO HOLDINGS; 20 David’s Way;               AP 21-21.1, 22:  Ms. Malkin opened the public hearing at 1:50 PM.  Mr. Silva discussed the site visit comments and plan dated 10/3/16 to build and maintain a year-round set of beach access stairs on Vineyard Sound.  Approximately 38 linear feet of coastal bank will be altered.            Mr. Silva explained the buyer of the property would prefer to use the existing stairway on the neighbor’s property—as done by the current owner for many years.  Unfortunately, the neighbor did not want to formally file an easement granting this use.  Mr. Silva explained a switchback will not be needed as the bank slope is 45 degrees. He added a small continuation of the existing walking path would need to be opened to the new stairway’s location.  He also said the bottom section of the stairway would be built to facilitate its removal each fall thus, eliminating any stair damage or litter caused by a winter storm.  With no public comment a motion was made to close the hearing at 2:00 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented with the following conditions:
1.  Pin footings shall be used for the stairway vertical supports.  
2.  A 4' X 4' platform shall be installed at the top of the bank leading to the top step.  
3.  A small section of additional walking path may be cut within the easement leading from the current path to the stair location.  
4.  The bottom 10-foot section of the stairs shall be separate from the upper stairs to facilitate removing the lower section each fall for storage in the yard.  This lower section shall be branded with "Map 21 Lots 21.1, 22" to identify the pieces should they be washed away in a storm event.
5.  Any disturbed vegetation on the coastal bank shall be repaired after the work is completed.
6.  An on-site conference shall take place among the Conservation Agent (CA) and contractor(s) before work begins.
7.  On-going maintenance of the stairs is allowed beyond the three-year term of this Order provided the maintenance plans are reviewed with the Commission or its designee before work begins and all other conditions of this Order are met.
The motion was seconded and passed unanimously with five in favor.

NOI SE12 - 780; REID SILVA FOR HEIDI PUTZE; 18 Greenhouse Lane; AP 33-32:     Ms. Malkin opened the public hearing at 2:01 PM.  Mr. Silva summarized the proposal dated 10/3/16 to stabilize a section of the eroding Atlantic Ocean coastal bank by installing coir logs at the base with staked jute netting on the bank and planted with beach grass plugs.  The top of the bank will be vegetated with Rosa Rugosa and switchgrass.  Approximately 92 linear feet of coastal bank will be altered.  Mr. Silva added Tom Della Rocco will be doing the work and said he did the same work for the neighbor to the east Mr. Rockefeller.  The Commission inquired about a managed retreat plan for the house as it is approximately five feet from the top of the bank.  While this bank vegetation plan may be a temporary solution, the bank erosion will continue.  With no public comment a motion was made to close the hearing at 2:11 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented with the following special conditions:
1.  The coir logs at the base of the bank shall be staked in place along with the jute netting.  
2.  Beach grass plugs shall be planted on the coastal bank with Rosa Rugosa at the top of the bank.  
3.  The existing dead vegetation hanging over the top of the bank may be cut back to within 12 inches of the bank face.  
4.  The applicant shall return in December 2016 to present a managed retreat plan for the dwelling, foundation and infrastructure.  
5.  This managed retreat plan shall also include an emergency plan should a storm event expose the foundation.
The motion was seconded and after brief discussion passed with four in favor and one abstention (Mr. Murphy).

DISCUSSION SE 12 – 760; GEORGE SOURATI FOR MATHEW CESTAR ; 11 Hill Land; AP 32-40:  Mr. Sourati reviewed the renovation plan for this house that was approved and added the 250 sq. ft. addition of living space on the second floor will be abandoned.  The section abutting the stream will be removed as conditioned.  Mr. Scott reviewed a site plan hand dated 10/19/16 for Phase I of the landscape plan and a roof water drainage plan for the house.  The Order required the review of these two plans before starting work.  The Commission asked about the drainage pipe and catch basin on the south side of the house.  This proposed plan only channels the roof water on the north side into a dry well.  Mr. Sourati offered to return to the Commission with a detailed plan of the south water drainage pipes that are apparently in place.  After brief discussion a motion was made to approve the north drainage plan and phase I landscape plan as proposed.  The motion was seconded and passed unanimously with five in favor.

CERIFICATE OF COMPLIANCE SE 12 – 282; LIENHARD; 48 Seward Way; AP 25-93: Chuck H. explained an Order was issued in 1996 to upgrade a septic system and renovate the house.  He shared photos of the house and property and recommended the project is in full compliance with the Order.  A motion was made to accept the report and declare the project as in complete certification.  The motion was seconded and unanimously approved.     

ADMINISTRATION:
        
The September 21, 2016 meeting minutes were reviewed and approved as presented by consensus.  The October 5, 2016 meeting minutes were reviewed and approved as presented by consensus.

The following documents were signed:
Order of Conditions SE 12 - 778; Brady; AP 27.1-54.
                Order of Conditions SE 12 - 779; Lilianthal; AP 21-52.3.
                Order of Conditions SE 12 - 777; Liman; AP 35-38.
                Order of Conditions SE 12 - 781; Chloeco Holdings; AP 21-21.1, 22.
                Order of Conditions SE 12 - 780; Putze; AP 33-32.

With no further business to discuss the meeting adjourned at 2:45 PM.

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