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Welcome to the Town of Chilmark, MA
Conservation Commission Minutes 09/06/17
FINAL

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

The meeting came to order at 12:33 PM.  

NOI SE 12 - 795; REID SILVA FOR SEAN GILDEA; 53 Wequobsque Rd.;                       AP 30-115, 116.1:  Ms. Shweder opened the public hearing at 12:34 PM and mentioned the DEP has not yet issued a file number for this application.  Mr. Silva reviewed the site plan dated 8/22/17 to relocate the existing single-family residence that is 45 feet from the top of a Coastal Bank to a location that is 253 feet from the top of the bank.  The existing foundation will be removed from the site.  A portion of the driveway and parking area at the new location is within the 100-foot buffer zone of a Wetland.  The closest activity is approximately 72 feet from the wetland edge.  No part of the re-located structure will be within a resource or resource buffer zone.  Mr. Silva pointed out the isolated wetland that is down grade of the new location.  He added the staging location and the debris dumpster will both be located outside the resource area and buffer zone.  He added that while not shown on the plan the owners asked if they could leave the existing deck in place until such time the coastal bank erosion encroaches too closely.  The erosion rate of the bank averages approximately 5 feet/year.  This however happens periodically when large sections of the bank collapse.  The deck is supported by sonotubes.  The Board asked if supports are needed on the north side of the deck that is currently attached to the house.        Mr. Silva agreed and said cinder blocks can be used if needed.   After further brief discussion the Board agreed this is a sound plan.  With no public comment a motion was made to close the hearing at 12:45 PM.  The motion was seconded and unanimously approved.

A subsequent motion was made to approve the plan as presented provided there are no significant comments from the DEP and with the following special conditions:  1. The existing deck can stay in its current location and supports such as cinder blocks may be added on the north side with access steps installed as needed.  The deck shall not be expanded.  The deck, stairs and all supports shall also be removed when the top of the coastal bank erodes to a point that is 25 feet from the south end of the deck.  2.  The existing foundation shall be removed from the site, filled, compacted and re-vegetated.  3.  There shall be no paving on the site.  The driveway and parking area shall have a permeable, pea stone surface.  4.  The construction fencing and erosion control measures shall be maintained in good condition until the project is finished and the re-landscaping is established.  5.  The Conservation Agent shall approve the installed construction fencing, erosion control measures and have an on-site meeting among the contractor(s) to review this Order before work begins.  6.  A revised site plan shall be prepared before any work begins with the following added features:  A. The limit of work/construction fencing locations shall be shown in the wetland buffer zone and on the south side of the existing deck.  These limits shall also be defined on site with construction fencing that is maintained in good condition.  B.  The location of the erosion control silt fencing between the new site and down grade wetland shall be shown.  This shall be within the established limit of work.                  C.  A detailed re-landscape plan shall also be provided and shown on the site plan.                      D.  The locations of the dumpster and staging area shall also be shown.  The motion was seconded and with no further discussion passed unanimously with five in favor.

PUBLIC HEARING NOI SE 12 -794; REID SILVA FOR OLS MVY, LLC;                       11 Flanders Lane; AP 27.1-204:  Ms. Shweder opened the public hearing at 12:52 PM.          Mr. Silva summarized the site plan dated 8/22/17 to install underground utility service on the west side of Flanders Lane, up the driveway to the transformer and then to the house.  A portion of the trenching and temporary disturbance on Flanders Lane is within the Riverfront Area.  A part of the trench will be directionally bored underneath an existing stream that flows through a culvert under Flanders Lane.  This is within the first 100-feet of the Riverfront Area.  All trenching other than the directional boring will be done with a one-foot bucket and excavator.  A portion of the temporary trenching near the house will pass through the 100-foot buffer zone of a Bordering Vegetated Wetland and be approximately 45 feet from the wetland edge.

After discussion about erosion control measures at the entrance and exit locations of the directional boring and with no public comment 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:  1. Silt fencing and hay bales shall be installed on the west side of the entrance and exit locations for the directional boring.  2.  A one-foot excavator bucket shall be used for the remainder of the trenching.  The trenching spoils shall be placed on the upland side of the trench.  3.  The Conservation Agent shall approve the erosion protection for the directional boring before work begins.  The motion was seconded and with no further discussion passed unanimously with five in favor.

UPDATE TRI-TOWN AMBULANCE PROPOSED SITE; 35 Menemsha Crossroad;               AP 26-137, 138.  Chuck H. explained the Town is no longer pursuing this parcel as a possible site for the Tri-Town Ambulance headquarters and garage.

ADMINISTRATION:

Greenberg Enforcement Order; 12 Larsen Lane; North Fork; AP 27.1-217:  Chuck H. shared photos of the site with the fill removed.  He mentioned that when the landscape plan was approved by the Commission no one knew if any trees were cut down.  The photos show remaining stumps from three mature trees were apparently buried with the fill.  The Commission unanimously agreed to have Chuck H. relay the following to Ms. Lampson:  1. Return to the Commission at its October 4 meeting to address the following:  A. The three trees shall be replaced at or near their current locations.  The type and size of the replacement trees shall also be specified.  The Commission is not interested in re-planted “saplings” as the removed trees were well established.  B.  The large one-foot wide stump may be removed.

You Dirty Rat, LLC; Sean Gildea Enforcement Order; AP 14-7:  Chuck H. said the Enforcement Order with a $150 fine was mailed to the owner on August 24th.

Menemsha walkway through the salt marsh; AP 21-6:  The Commission agreed to schedule a site visit with Selectman Doty on a scheduled meeting date later in the fall with discussion following at town hall.
The draft August 2, 2017 meeting minutes were reviewed and approved as presented by consensus.

Signatures:
        Order of Conditions SE 12 – 794; OLS MVY, LLC.; AP 27.1-204.
Order of Conditions SE 12 – 795; Gildea; AP 30-115, 116.1 (provided there is no significant DEP comment).

The next meeting will be Wednesday, October 4 @ 12:30 PM.

With no further business to discuss the meeting adjourned at 1:30 PM.

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


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