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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 05/18/11
Present for the Conservation Commission and attending the meeting were:  Pam Goff, Sandy Broyard, Dick Smith, Donald Poole and Chuck Hodgkinson.  Also attending were Reid Silva, Chris Alley, Barbara and Bob Day, David Damroth, Robert Alden, George Sourati and Carol Magee.  Richard Steves, Bruce Bartels and Caitlin Jones were absent.

The meeting came to order at 12:30 PM.  Ms. Goff was appointed as acting Chair.  Associate Commissioner Mr. Poole was appointed a voting member for the day’s agenda.  The site visits for today’s meeting were made on May 17.  

NOI SE 12 – 632; CHRIS ALLEY FOR BARBARA DAY ET AL; State Road;       AP 33-66:  Ms. Goff opened the public hearing at 12:31 PM.  Mr. Alley summarized the previous informal discussions he had on 8/18/10, 9/1/10 and 1/19/11 with the Commission to reconstruct an existing timber walkway over a salt marsh and build a seasonal extension into Quitsa Pond.  He added the pier that used to exist extended 76’ into Quitsa Pond, was built in the 1920’s and licensed in the 1960’s.  The Commission reviewed photos of the old pier.  Mr. Alley proposed replacing the old walkway with a fiberglass grating that would allow 70 percent light penetration and a 16 foot seasonal fixed extension into the pond.  The extension would require two, 2 inch galvanized posts to be driven into the land under the salt pond.  All work would be done by hand.          Mr. Alley pointed out the letter from the Division of Marine Fisheries dated 5/16/11 asks for features to be added to the plan that are already in the proposal.  He also said no barge or pile drivers would be used as referenced in the letter.  If approved, the 16 foot extension would need to be licensed with the Commonwealth.

The Commission expressed its concern with the potential for prop dredging.  Mr. Alley said the mean low water level is two feet deep and the end of the extension would be approximately 40 feet from the existing eel grass.

After discussion the Commission thought they should visit the site again at low tide.     Mr. Alley agreed and requested a continuance to June 1 @ 12:40 PM.  A subsequent motion was made to accept the request.  The motion was seconded and unanimously passed with four in favor.

NOI SE 12 – 633 REID SILVA FOR VINEYARD OPEN LAND FOUNDATION; AP 35-1.30:  Ms. Goff opened the public hearing at 1:05 PM.  Mr. Silva summarized the history of the causeway revetment and the DEP’s superseding Order of Conditions that overturned the Commission’s approval.  He reviewed the proposal to protect the eroding coastal bank just west of the Squibnocket Beach parking lot by placing coir logs, jute netting and plantings on the face of the eroding bank to slow the erosion process.  No stone rip rap will be added.  The total length of bank to be protected will be reduced from 175 feet to 100 feet.  About 8 inches of fill will be added to the bank for the planting plugs.  He added this solution was recommended by the DEP.

The Commission asked how the fill will be added to the bank and if it will comply with the standard coastal zone management specifications for sand fill.  Mr. Silva said they will use a drag line excavator to minimize disruption of the vegetation on the top of the bank—primarily viburnum and rosa rugosa.  After discussion and with no comment from the audience a motion was made to close the hearing at 1:12 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented with the following special conditions:  1. A drag line excavator will be used to add fill over the bank.  This will minimize damage to the top of the coastal bank.  2.  Any damaged vegetation on the top of the bank will be restored to its original state when the job is finished.  3.  The fill will meet the required grain size as specified by standard coastal zone management practices.  4.  A compatible grain size shall be provided before construction.  5.  On-going maintenance of the work is allowed provided the proposed maintenance is reviewed with the Conservation Agent before work begins and all conditions of this Order are met.  The motion was seconded and with no discussion passed unanimously with four in favor.

NOI SE 12 – 634; REID SILVA FOR MICHAEL HUPPERT, TRUSTEE;            290 South Rd.; AP 24-193, 195:  Ms. Goff opened the public hearing at 1:15 PM.       Mr. Silva summarized the plan to maintain in perpetuity the existing boardwalk and timber-frame pier.  The boardwalk is 150 feet long and the pier into Chilmark Pond is an additional 50 feet with a “T” section on the end.  The pier received a Chapter 90 license in 1996.  Ms. Goff read the Division of Fisheries letter dated 5/16/11 for the record.

The Commission commented that the current boardwalk and pier are not made with the most current methods and technologies – such as a grated walkway that allows more light penetration.  It suggested it might approve securing the existing walkway and pier for this summer season only with an updated, revised proposal for future installation and maintenance.  Mr. Silva asked for a continuance to June 1 @ 12:50 pm to provide time to discuss the project with the property owners.  A subsequent motion was made to accept the request.  The motion was seconded and unanimously approved with four in favor.

RFD GEORGE SOURATI FOR ROBERT ALDEN; 140 State Rd.; AP 33-17:       Mr. Sourati summarized the situation that required an Emergency Certification to replace a collapsed cesspool with an upgraded, new sewage disposal system.  The new system is located outside a wetland buffer zone.  Some excavation and the filling of the failed cesspool that is under the house foundation with concrete will take place in the buffer zone.  An Emergency Certification was issued for the work because the house is uninhabitable without a septic system.  The work began on May 2.  After brief discussion a motion was made for a negative determination.  The motion was seconded and unanimosuly approved.

RFD REID SILVA FOR LINDA GREENBERG; 12 Larsen Lane, North Fork;      AP 27.1-217:  Mr. Silva summarized the plan to add a screen porch and roof over an existing ground-level deck.  The deck is approximately 50 feet from the edge of a bordering vegetated wetland.  The Commission commented that the entire house is in the buffer zone and expressed its concern with the porch evolving into habitable, year-round living space.  After brief discussion a motion was made for a negative determination.  The motion was seconded.  In discussion the Commission agreed to send a letter to the Zoning Board of Appeals (ZBA) asking for a special condition -- if the special permit is granted -- that would not allow the porch to be converted into a room for year-round, habitable use.  The motion passed unanimously with four in favor.  Chuck H. will send a letter to the ZBA.

NOI SE 12 – 621; REID SILVA AND GLENN PROVOST FOR SCHEUER FAMILY PROPERTIES, LLC;   2 Chocker’s Lane; AP 33-4, 6:  Mr. Silva asked for a continuance to June 1, 2011 @ 1:00 PM because the inclement weather prohibited him from doing additional surveying work at the site.  A motion was made to accept the request.  The motion was seconded and unanimously approved with four in favor.

The May 4, 2011 Meeting Minutes were approved as presented by consensus.

The following documents were signed:

Order of Conditions Vineyard Open Land Foundation; SE 12 – 633; AP 36-1.30.     Determination of Applicability Greenberg; AP 27.1-217.
Determination of Applicability Alden; AP 33-17.
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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