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Conservation Commission Minutes 09/05/18
FINAL

Present for the Conservation Commission and attending the meeting were:  Joan Malkin, Chairman, Bob Hungerford, Vice Chairman, Candy Shweder, Sandy Broyard, Pam Goff,      Chris Murphy and Chuck Hodgkinson.  Reid Silva, Jane and Richard Wilkie, Max and Connie McCreery, Chris Kennedy, Elise Elliston, Kathy Coe, Tom Hollinger, Christian Halby,           Fran Demers and June Manning also attended.  Maureen Eisner and Russell Maloney did not attend.   

The meeting came to order at 12:30 PM.  

CONTINUED PUBLIC HEARING NOI SE 12 - 824; REID SILVA FOR THE BRICKYARD BEACH ASSOCIATION; 5 Trustees Rd.; AP 14-22.4:  Ms. Malkin opened the continued public hearing at 12:31 PM and confirmed the eligible voters are herself and Commissioners Shweder, Broyard and Goff.  Mr. Silva reviewed the plan to replace the failing underground electric and communications service lines.  Approximately 550 feet of trenching is within the 100-foot buffer zone of a Bordering Vegetated Wetland and between 25 and 50 feet from the wetland edge.  Approximately 150 of the trenching is within the wetland where the walking path is located.  The work is proposed for the property owned by The Trustees of Reservations (The Trustees).  Mr. Silva discussed the observations made at the site visit before the meeting and said the two remaining questions are:
  • Whether or not to allow the trench section through the wetland is dug with an 18” excavator bucket to a depth of 36 inches or have this section installed with directional boring.
  • Determine the width of the temporary path and clearing required for the project.
Mr. Silva requested using an excavator for the trench because of the large amount of rocks found in this area and added an additional 6 feet of temporary clearing would be needed to perform the work.  The existing path is six feet wide which would bring the total width to a maximum of 12 feet.

Mr. Silva also said the all of work within the Commission’s jurisdiction would be performed at the same time to minimize the amount of time the backfill trench spoils will exposed to possible rain and erosion.  He also said the trench will be placed on the north, northwest side of the path and recommended installing fencing and staked hay bales on both sides of the trench within the wetland.

Mr. Kennedy explained The Trustees consider this to be a very important wetland because rare, state-listed invertebrates have been found in the wetland.  He added he and the applicant can determine the working path width on the Trustees property that is outside the wetland and buffer zone.  Mr. Kennedy then asked if the trench could be dug in the center of the existing path through the wetland.  Mr. Silva said the existing power cables need to be located and not disturbed while the new cables are installed.  He said the trench can be dug on the side of the path with the backfill stored in the center of the path to minimize wetland impacts.

Ms. Goff agreed with the importance of this particular wetland resource and the request to place the trench in the middle of the path as suggested by Mr. Kennedy.  
The Commission also asked if the culvert in the wetland that runs under the path can be replaced with an improved box culvert to foster easier wildlife passage.  Mr. Silva agreed this could be done.

With no further public discussion a motion was made to close the hearing at 1:02 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:

  • An excavator may be used for the entire project to dig a trench no wider than two feet.  It is understood there may be exceptions should a large rock be encountered and the trench cannot be redirected around it.
  • The trench section within the wetland shall be dug on the north, northwest side of the path.
  • The width of the work area within the wetland shall only be 3-4 feet wider than the existing path—with Trustees prior approval.
  • The width of the work area within the wetland buffer zone shall be a maximum of 12 feet including the existing path and with Trustees prior approval.
  • The work within the wetland and buffer zone will be done as one complete section to minimize the amount of time the resource areas will be disturbed.
  • When finished, the work areas and path in the wetland and buffer zone shall be completely restored with Trustees final approval.
  • The existing culvert shall be replaced with a box culvert while minimizing temporary disturbance to the wetland as much as possible.
  • Siltation fencing and staked hay bales shall be installed along both sides of the work area within the wetland and approved by the Conservation Agent (CA) before work begins.
The motion was seconded and with no further discussion passed with three in favor and one abstention (Ms. Goff).

DISCUSSION JANE WILKIE; SE 12 – 481; AP 24-129, 130, 205, 206, 211, 213, 224;        AP 28-1:   Ms. Malkin welcomed Ms. Wilkie and all the neighbors in the audience.  Ms. Wilkie explained she would like to discuss the Commission’s October 2017 decision to revoke this Order of Conditions issued in 2005 and Amended in 2007 to increase the area of work.  The project was to eradicate Phragmites along Dr’s. Creek and the shore of Chilmark Pond opposite her property.  The “muddy glove” application of Glyphosate was used as part of the eradication procedure.  The Order was rescinded for non-compliance with its special conditions # 20 (review the maintenance plan with the Commission or its designee before work begins and the subsequent condition imposed by the NHESP to provide pre and post treatment reports on the vitality of a state-listed rare species – Salt Pond Pennywort (Hydrocotyle verticillata).

Ms. Wilkie distributed several photos taken over the years of Dr’s. Creek with varying levels of Phragmites growth.  She also read a prepared statement for the record that reviewed various methods for eradicating Phragmites stands, with the most successful being the method including the application of Rodeo.  The statement also outlined how Ms. Wilkie believes the procedure for revoking the Order was not followed.  In addition, a recent survey of plant life performed by Sheriff’s Meadow Foundation this summer indicated a significant presence of Salt Pond Pennywort along the north shore of Dr’s. Creek and the pond.  She said only 1 quart of Glyphosate is needed to treat the entire work area.  The treatment takes about ½ day to perform and is only done once per year – in the fall season.  Ms. Wilkie asked the Commission to reinstate the Order including the use of Glyphosate and added if it chooses to not reinstate the current Order she is prepared to file a new Notice of Intent for a new Order using the same methods.  In closing she added if the new Order is denied she will appeal the decision.

The Commission discussed the non-compliance with the special conditions in the Order.          Ms. Goff commented she thought Ms. Wilkie has proven the method to be successful and thought the Order should be reinstated.  After further discussion the Chair thanked Ms. Wilkie for attending the meeting, took her information under advisement and said she would like time to review the matter with Town Counsel before discussing it again.  She said Ms. Wilkie will be informed when the discussion is placed on the agenda.  Ms. Wilkie said she receives the agenda when it’s posted on the website.

ADMINISTRATION:

The draft August 15, 2018 meeting minutes were reviewed and approved as presented by consensus.  

Signatures:
Order of Conditions SE 12 – 824; Brickyard Beach Assoc.; AP 14-22.4.

The next meeting will be Wednesday, September 19, 2018 @ 12:30 PM.

With no further business to discuss the meeting adjourned at 2:05 PM.

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