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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 02/02/11
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Sandy Broyard, Dick Smith, Bruce Bartels, Caitlin Jones, Donald Poole and Chuck Hodgkinson.  Also attending were John Fragosa, Bill Austin and Tom Tate.  Andrew Fischer, Richard Steves and Virginia Dyer were absent.

The meeting came to order at 12:30 PM.  Ms. Goff was appointed as acting Chair.  Associate Commissioners Ms. Jones and Mr. Poole were appointed as voting members for the day.  The site visits for today were made on February 1.

RFD JOHN FRAGOSA FOR SCHEUER FAMILY PROPERTIES, LLC; AP 33-6:  Mr. Fragosa summarized his plan to thin and prune limbs on approximately 8-10 trees and brush cut a small area while removing several small trees.  Hand and chain saws will be used.  The applicant also asks for the ability to maintain the pruning in perpetuity.  The work will take place in the buffer zone of a bordering vegetated wetland and in a salt marsh buffer zone.  The closest activity is approximately 40 feet from the salt marsh edge.  The Commission reviewed the values of the resources the buffer zones are protecting and the Commonwealth’s guidelines for vista pruning near a resource area.

The Commission pointed out the plan does not show the specific trees near the salt marsh that are targeted for pruning to open view channels of the pond.

Ms. Jones thought the brush pruning and removal of a few small trees in the bordering vegetated wetland buffer zone near the stone wall seem acceptable as the area is near the 100-foot edge of the buffer zone.  She also pointed out this property will be sold as a buildable vacant lot.  She added West Tisbury’s policy in such cases is to wait for the home to be built and then return to identify the specific work that might be needed to open up the water view.  The Commission liked this concept and did not support granting perpetual maintenance of a plan at this time.  It preferred having the eventual new owner return to discuss the long term plans for view maintenance.

Mr. Fragosa argued that there is only one site available for a house and offered to flag the specific limbs he would like to prune to open the view channels.  The Commission agreed this would be helpful.

After further discussion a motion was made for a negative determination with the following special conditions:  1.  The brush pruning and small tree removal in the upland section near the stone wall is allowed.  2.  The applicant will flag the tree limbs for pruning near the pond for a Commission site visit before being allowed to limb the trees.  3.  The view maintenance of the pruning is not allowed in perpetuity.  The new property owner will need to apply for a separate view maintenance permit.  The motion was seconded and unanimosuly approved with six in favor.

NOI SE 12 – 621; BILL AUSTIN FOR SCHEUER FAMILY PROPERTIES, LLC; 2 Chocker’s Lane; AP 33-4, 6:  Ms. Goff opened the public hearing at 12:52 PM.       Mr. Austin summarized the plan to brush cut and perpetually maintain a 430 ft. long X 4 ft. wide walking path and to construct and maintain a 120 ft. long X 3 ft. wide elevated walkway to Menemsha Pond.  The path is in a buffer zone and the raised walkway is in a wetland and salt marsh.  The raised walkway will have pin footings.  The walkway deck will be a grating that will allow at least 50 percent light penetration and will be approximately 2.5 feet above grade.  The Commission read the importance and values of the salt marsh resource from the Town’s Bylaws.  It further discussed how the walkway might be used for kayak or other small boat activities.  It was concerned with disturbing the extensive and unspoiled nature of the salt marsh.  It further agreed that a raised walkway will most likely protect the resource more than walking over the marsh to get to the pond.

Ms. Broyard asked if this parcel has deeded access to Short Beach as with other abutting lots.  If so, this might be an acceptable alternative to the raised walkway.  The Commission is not compelled to allow the activity in the salt marsh if there is an alternative.  The Commission asked if Mr. Austin would be able to research the deed to see if this lot has easement rights to use Short Beach.  Mr. Austin agreed.  A subsequent motion was made to continue the hearing to February 16, 2011 @ 12:40 PM to give Mr. Austin time to research the deed as outlined.  The motion was seconded and unanimously approved.

DISCUSSION TOM TATE FOR ADAM ZOIA; SE 12 – 604; 18 Point Inner Way;     AP 33-114:  Mr. Tate thanked the Commission for its time and explained the lot’s power access is not from State Road as originally thought.  It comes from the Vila lot just beyond the bamboo grove and stone wall.  He outlined the technical issues this raises for locating the auxiliary generator which was originally planned to be located inside the barn.  Mr. Tate proposed several alternatives for relocating the generator.  He added they would also like to relocate the air conditioning condensers to move them farther away from the gazebo and Vila property as originally planned.

After explaining the history of this project to Mr. Tate and the details of the Commission’s approved site plan Mr. Tate proposed placing the generator and the garbage bins inside the retaining wall near the end of the gravel parking court as shown on the approved site plan.  He pointed out there are two separate retaining walls that could be attached with a small additional section.  A 3 ½ sided stone “vault” could be built in this location to house the generator and garbage bins.  The Commission thought this might work and insisted that all of the changes be placed on the inside of the approved retaining wall.  It explained the landscape architect said the retaining will also serve the purpose of defining the limit of mowing.  This new limit of mowing -- versus the original mowed meadow boundaries – was farther away from the top of the Quitsa Pond coastal bank, the fresh water pond and wetland resources than the Harrison’s original use of the property.

Mr. Tate agreed and sketched the design for the new generator “vault” and the new location of the A/C condensers on the Zoia Residence Chilmark, MA. site plan prepared by Stephen Stimson Associates and dated 11/12/10.  The Commission hand-dated the approved design 2/2/11.  After brief discussion a motion was made to approved the proposed changes for the generator and A/C condensers and declare them as inconsequential changes to the approved plan.  The motion was seconded and unanimously approved with five in favor and one abstention (Mr. Poole).

The following sets of meeting minutes were approved as presented by consensus:  1/5/11 and 1/19/11.

The following document was signed:

        Determination of Applicability; Scheuer Family Properties; AP 33-6.

With no further business to conduct the meeting adjourned at 2:15 PM.  

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

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