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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 11/03/10
Present for the Conservation Commission and attending the meeting were:  Richard Steves, Chairman, Pam Goff, Sandy Broyard, Caitlin Jones, Donald Poole and Chuck Hodgkinson.  Also attending were Reid Silva, Chris Alley, Doug Cooper and George Sourati.  Andrew Fischer, Bruce Bartels, Dick Smith and Virginia Dyer were absent.

The meeting came to order at 12:30 PM.  Alternate Commissioners Poole and Jones were appointed as voting members for the day’s agenda.  The site visits for today were made on November 2.  

NOI REID SILVA FOR PATRICK LYONS; SE 12 – 616; 57 Wequobsque Rd.;   AP 30-116.2:  Mr. Steves opened the public hearing at 12:30 PM.  Mr. Silva summarized the plan to create a gravel driveway to a planned guesthouse.  A portion of the driveway will pass through the 100-foot buffer zone of a bordering vegetated wetland.  The closest section is approximately 30 feet from the wetland edge.  The Commission discussed the observations made at the November 2 site visit and mentioned there are alternatives to the proposal that can provide access to the guesthouse without infringing upon the wetland buffer zone.  Also, the grade of the proposed location will most likely allow rainwater runoff to flow into the wetland.

After discussion Mr. Silva requested a continuance to the November 17 meeting @    12:40 PM to provide time to discuss the alternatives with his client.  A subsequent motion was made to accept the request.  The motion was seconded and approved unanimously with five in favor.  

RFD CHRIS ALLEY FOR HONKER & SONS LLC; 55 Squibnocket Farm Rd.;   AP 35-1.2:  Mr. Alley summarized the plan to abandon the existing water well and drill a new well with associated electric and water line connections.  The work will be done in the buffer zone of a bordering vegetated wetland.  The well is approximately 86 feet from the wetland edge.  He added that four previous wells have failed in the locations closer to the house.  A successful well was recently drilled in the vicinity of the proposed location.

After brief discussion a motion was made for a negative determination on the site plan that was hand-dated 11/3/10 with the following conditions:  1.  A mini-bobcat will be used for the waterline trench work to minimize disturbance of the vegetation.  2.  A Commission representative shall approve the installed silt fencing and hay bales before work begins.  The motion was seconded and unanimosuly approved with five in favor.

ENFORCEMENT ORDER PETER NORRIS; SE 12 – 602; 19 Blueberry Ridge Lane; AP 8-59:  Mr. Sourati explained that Cooper Environmental Services delineated the entire wetland edge on Mr. Norris’ property on October 19th.  He also said the planting beds and new wetland edges have been surveyed and plotted on a new site plan dated 11/2/10.   He added that based upon the new, more accurate data and site plan there are portions of four planting beds in the wetlands with the areas of 178 sq. ft.; 285 sq. ft.; 141 sq. ft. and 74 sq. ft.  He added that a portion of the gravel walkway is also in the wetland – approximately 100 sq. ft.  The total area of wetland disturbance is 778 sq. ft. which is significantly less than the 2,200 sq. ft. of wetland disturbance as originally shown on the site plan submitted with the Notice of Intent.  Mr. Cooper commented that it is more cost effective to return the planting bed areas to their natural state as required by the Commission than to replicate and certify the creation of new wetlands.

After much discussion the following motion was made with reference to the Enforcement Order issued on October 6, 2010.  1.  The site plan dated 11/2/10 is accepted and replaces all previous site plans.  2.  Mr. Norris must return the 778 sq. ft. of planting beds and gravel walkway that are in the wetlands to their natural state as outlined in the Order of Conditions issued on May 11, 2010 for DEP file number SE 12 – 602.  3.  Mr. Norris may relocate up to 678 sq. ft. of planting beds that were in the wetlands into the wetland buffer zone.  These new planting beds in the buffer zone must be at least 20 feet from the surveyed wetland edges as shown on the site plan dated 11/2/10.  4.  All of the work must be completed before July 1, 2011 and approved by the Commission after a site visit.

The motion was seconded and unanimously approved with five in favor.  Chuck H. will send a letter to Mr. Norris and the DEP outlining the final Orders.   

ENFORCEMENT ORDER ADAM ZOIA; SE 12 – 604; 18 Point Inner Way;        AP 33-114:  Chuck H. informed the Commission that Mr. Zoia is planning to meet all of the conditions outlined in the Enforcement Order issued on October 21, 2010.  The deadline for meeting all conditions is November 17, 2010.

ADMINISTRATION:  The October 6th and October 20th meeting minutes were reviewed and approved as presented by consensus.

The following document was signed:

Determination of Applicability Honker & Sons; AP 35-1.2.

With no further business to conduct the meeting adjourned at 1:40 PM.  

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

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