Skip Navigation
This table is used for column layout.
Chilmark Town Seal

Link to Departments
Link to Board of Selectmen
Link to Town Committees
Link to Summer Information
Link to Permits and Forms
Link to Dump
Link to Documents & Bylaws
Link to How To
Link to Useful Sites
Link to Chilmark Photos
Link to Email Subscriber
Link to Vendor Opportunities
Link to Job Opportunities
Link to Commonwealth Connect
Code Red Emergency Notification System

Code Red Emergency Notification System

Public Records Requests Guidelines

Public Records Requests

Pay Bills Online

Website Disclaimer
Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 06/07/17

Present for the Conservation Commission and attending the meeting were:  Candy Shweder, Chairman, Joan Malkin, Vice Chairman, Sandy Broyard, Pam Goff, Chris Murphy,                 Bob Hungerford, Maureen Eisner and Chuck Hodgkinson.  Reid Silva and Keith Gazaille also attended.  Russell Maloney did not attend.    

The meeting came to order at 12:30 PM.

NOI SE 12 - 788; KEITH GAZAILLE FOR JEROME AND CAROL KENNEY;               45 Beach Rd.; AP 2-3:  Ms. Shweder opened the public hearing at 12:32 PM.  Mr. Gazaille explained this is a Notice of Intent for an Ecological Restoration Limited Project to initiate a multi-year aquatic management program for the Kenney’s fresh water pond.  The plan intends to manage nuisance aquatic vegetation and algae using techniques of pond aeration, introducing natural bacteria additives to reduce the accumulation of organic material and internal nutrients, the application of buffered alum (Polyaluminum Chloride—PAC) to inactivate nutrients (such as Phosphorus and other particulate matter) and the introduction of pond dye to limit sunlight penetration.  The Commission asked to individually discuss each of the four methods.

  • A submersed aeration bubbler will be installed in the pond to provide maximum water movement and oxygenation.  No trenching is required as the system will use the power source for the existing water fall.  The Commission had no issues with this activity.
  • Natural bacteria additives:  These natural-occurring bacteria will be introduced to accelerate the decomposition of the organic matter on the pond bottom and reduce the level of internal nutrients.  It will be applied approximately 1 time each month and be distributed into the pond in a pellet form using a back pack blower system.  The bacteria will maintain a desirable water chemistry and reduce in-water nutrients that lead to excessive algae growth.  This system combined with the aeration bubbler will enhance microbial degradation of unconsolidated organic material.  The Commission asked if there will be any impact on the living vegetation or wildlife in the pond.  Mr. Gazaille said the bacteria will have no impact and added this system is used in many ponds such as a 1.5-acre pond at Wheaton College.
  • Buffered liquid aluminum additive:  The additive is Polyaluminum Chloride (PAC) that is intended to remove particulate matter (suspended solids) by binding with the phosphorous and other particulate matter in the water column.  The product precipitates out of the water solution and settles on the pond bottom.  The reduction of the nutrients that potentially toxic cyanobacteria thrive upon and will promote the more desirable green-algae species will populate the pond.  These desirable species are more easily integrated into the food web of the pond.  The pond will receive one application per year.  The pH of the pond will be continually tested -- once each month – to monitor the aluminum content.  Any residual aluminum not bound to phosphorous will leave the pond downstream and be absorbed in the salt marsh.  He added if the aluminum content is too high it could affect the wildlife which is why the water chemistry will be continually tested.
  • Pond dye:  Lastly, a food-grade dye that naturally photodegrades over time will be added to block sunlight penetration and prohibit plant growth in the pond.  The dye is generally considered non-toxic to all aquatic species.  This will be applied monthly or as needed. The entire project will be monitored by Mr. Gazaille’s staff.  It will not be subcontracted to a local operation.
Mr. Gazaille summarized by outlining the following potential impacts to wetland resources:

Potential positive impact due to lowered algae abundance:  public and private water supply; prevention of pollution; protection of fisheries; protection of wildlife habitat.

Neutral impact to:  protection of groundwater supply; flood control; storm damage prevention; protection of land containing shellfish.

After further discussion and with no public comment a motion was made to close the hearing at 1:00 PM.  The motion was seconded and unanimously approved.  A subsequent motion was made to approve the plan as presented.  The motion was seconded and with no further discussion passed unanimously with seven in favor.
NOI SE 12 - 789; REID SILVA FOR GREAT ROCK BIGHT LTD. PARTNERSHIP; Brickyard Rd.; AP 9-2.8:  Ms. Shweder opened the public hearing at 1:03 PM.  Mr. Silva reviewed the site plan dated 5/30/17 to trench and install underground utilities within an existing roadway shoulder.  Approximately 270 feet of the trenching will take place within the 100-foot buffer zone of a Bordering Vegetated Wetland.  The trench will be located in the center of the road for this section.  The closest activity is approximately 10 feet from the wetland edge.  He added a mini-excavator will be used and the trench will take about four hours to complete.  It will be 1-foot wide and approximately 36 inches deep.  After brief discussion and with no public comment a motion was made to close the hearing at 1:15 PM.  The motion was seconded and unanimously approved.  A second motion was made to approve the plan as presented.  The motion was seconded and passed unanimously with seven in favor.   

CERTIFICATE OF COMPLIANCE SE 12 – 24; Rabban; Plot # 5; Cemetery Rd.;            AP 8-16:  Chuck H. explained an Order was issued in 1980 to dig out a lily pond in a drainage swale.  The pond was installed in accordance with the records with the exception it was installed on the neighbor’s property.  He added the MACC provided the following direction for issuing the Certificate.  
  • The COC acknowledges the work was done on the wrong property.
  • The impact to the resource area is no greater than if it were installed on the correct lot.
  • The neighbor and owner of the lot with the pond has provided a letter of acceptance.
  • The COC must be filed in the chain of title for the applicant’s lot with the Order of Conditions:  Book 374 Page 525.
He said all conditions have been met by the attorneys and recommended the project is in full compliance.  A motion was made to accept the report and declare the project in full compliance.  The motion was seconded and unanimously approved with seven in favor.


Enforcement Order:  Linda Greenberg; 12 Larsen Ln. North Fork; AP 27.1-217.  Chuck H. shared photos and explained Ms. Greenberg cleared and added fill without a permit to an area on her property that is within the 100-foot buffer zones of a Bordering Vegetated Wetland and a perennial stream.  The clearing extended onto the neighbor’s property.  He added he has met with Ms. Greenberg and the neighbor and recommends the following requirements for the Enforcement Order:

  • All work shall cease and desist immediately.
  • Siltation fencing with staked hay bales shall be installed immediately on the northwest side of the cleared and filled area to prevent erosion runoff from draining into the neighboring properties—AP 27.1-42 and AP 27.1-215.  The Conservation Agent shall inspect the siltation barriers before any restorative work begins, left in place and maintained in good condition until the new plantings are established.
  • The north lot line shall be surveyed and staked.  Four stones approximately two cubic feet in size shall be placed on each corner of the lot and in between the two lot corners to accurately delineate the limit of the property.  These shall not be removed and left in place for future landscaper reference.
  • All fill shall be removed from the site while leaving adequate topsoil for establishing the newly-planted material.  The natural existing grade of the land shall be restored.
  • A detailed landscape plan shall be presented and approved by the Commission or its designee that restores the affected area to its previous natural state of native vegetation.
  • The plan shall be provided before July 12 or on a mutually agreed date.
In discussion the Commission added the landscape plan shall be designed by a licensed arborist.  After brief discussion a motion was made to issue the Enforcement Order as amended.  The motion was seconded and unanimously approved with seven in favor.
The draft May 17, 2017 meeting minutes were reviewed and approved as presented by consensus.

Order of Conditions Kenney; SE 12 - 788; AP 2-3.
Order of Conditions Great Rock Bight Ltd. Partnership; SE 12 - 789; AP 9-2.8.
Certificate of Compliance SE 12 – 24; Rabban; AP 8-16.

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

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

Return to Home Page
Chilmark Town Offices: Chilmark Town Offices: 401 Middle Road, P.O. Box 119 02535-0119