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HomeMy WebLinkAbout2017-5-10Minutes for May 10 2017 adopted May 24 CONSERVATION COMMISSION N A N T U C J, PUBLIC MEETING T 01 N C L R ,V 2 Bathing Beach Road Nantucket, Massachusetts 02554 2017 MAY 2 j PM 2: 1 7 www.nantucket-ma.gov Wednesday, May 10, 2017 4 Fairgrounds Road, Training Room — 4:00 p.m. Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleur, Ben Champoux, Ian Golding, Joe Topham Called to order at 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, Champoux, Golding, Topham Absent Members: LaFleur Late Arrivals: None Earlier Departure: Golding, 6:21 p.m. Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment 1. Edie Ray — She had previously spoken to the commission about illegal driving on Smith Point and had suggested commissioners visit the site. It has gotten worse; referred to the beach driving pamphlet passed out to those who purchase vehicles beach passes. Fences have been knocked down that set off bird nesting areas; drivers are ignoring the rules and regulations when driving on Smiths Point. Again encouraged the commissioners to visit the site and look at the situation. Commissioner discussion about what the next step should be. Mr. Carlson will drive anyone out there. 2. Steve Bender — In regards to grey water dumping in the harbor by visiting vessels, the boats are somewhat responsible but the main responsibility lies with the Nantucket Boat Basin; read pertinent Chapter 91 regulation. What he feels this board should do is become more pro -active in protecting Nantucket waters; referred to the Comprehensive Wastewater Management Plan (CWMP) in regards to water pollution sources. One cause is the sludge from the waste water treatment plant is being brought to the Department of Public Works (DPW) composter; it is leeching into Long Pond and that should be looked into. Another cause is the use of fertilizers; that should read agricultural chemicals; cited the use of glyphosates on the land around in -town bike path at Consue Springs and is going into the harbor. Another cause is stormwater runoff; many of the Town controlled storm drains and catch basins are in terrible condition and should be addressed. The CWMP does not address the boats in the harbor; they are unequivocally a large source of pollution. II. PUBLIC HEARING A. Notice of Intent 1. Nantucket Islands Land Bank —17 Commercial Wharf & Unnumbered Lot New Whale Street (42.2.4 -7 & 8) SE48 -2885 (Cont 06/07/2017) 2. Nantucket Community Sailing — 2 Bathing Beach Road (29 -2) SE48 -2953 (Cont 05/24/2017) 3. Van Den Born —135 Wauwinet Road (11 -12) SE48 -2961 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — This is the second hearing for residential redevelop property to include removing the existing structure and I/A septic system and construction new residential structures and septic systems within the buffer to a bordering vegetated wetland (BVW), barrier beach, and land subject to coastal storm flowage. Reviewed the revised plans showing changes made as a result of comments from the previous hearing: switching to a tight tank, reduced the footprint of the house, included a structural footprint analysis, and replace at -grade boardwalks with single elevated boardwalk. Structure will be supported on piles. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Luke Thomewill, Thomewill Design Public Cormac Collier, Executive Director Nantucket Land Council Discussion (4:18) Bennett — Asked why the original parking area isn't being retained. Gasbarro — It is much farther from the house and would have to be expanded to satisfy zoning. He addressed the Laurentide points in his response letter, the height is being raised to meet flood -zone regulations. Feels the removal of the ground -level boardwalks justifies the modest increase in the size of the footprint away from the wetlands. Golding — Item 5 in the Laurentide Inspection Report puts the existing footprint at 1533 square feet (SF) and the proposed footprint is 2650 SF. Gasbarro — That comment was made prior to the changes in the footprint of the structure. He included a pre and post analysis of the footprint at the bottom of the plan. The current dwelling footprint is 910 SF and they Page 1 of 7 Minutes for Mav 10.2017. adopted Mav 24 Staff They have two weeks to sort out the merger issue. Motion Continued to May 24 by unanimous consent. Vote N/A 8. *The Town of Nantucket — Sesachacha Road (21 -20) SE48 -2967 9. *Alan A. Shuch — 45 Quidnet Road (21 -21) SE48 -2968 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Caitrin Higgins, Wilkinson Ecological Design — Proposing invasive plant removal and restoration and stabilization along about 1500 feet of coastal bank to provide wildlife habitat and improved stormwater drainage. Reviewed the types of invasive species, especially bamboo; to be removed mechanically close to the road and by hand where access is difficult. Will be careful about saving native species growing among the invasives; the entire area will be seeded with a native mix and use erosion control where necessary. Bob Emack, Emack Surveying, LLC Sarah Alger, Sarah F. Alger P.C., for Alan Shuch Cally Harper, Wilkinson Ecological Design Public None Discussion (5:77) Golding — Noted that another abutter who might have invasives on her property and asked if she is involved. Higgins — No, that is why they are proposing a three -year program to monitor the edge. Emack — They haven't spoken to the other neighbor. There is a minimal amount of invasives on her property. Steinauer — Asked how they will treat the bamboo rhyzomes. Higgins — They would propose to inject them with an herbicide; the same for the honeysuckle. Discussion about how close the waterline is to the work area. Steinauer — He would like to see the Japanese Black Pine replaced with juniper or some other native tree. Higgins — There will be temporary, above - ground water for establishment of the new plants. Steinauer — Thinks this should be conditioned for an annual monitoring report. Emack — Asked for a 2 -week continuance. Staff The Town of Nantucket on Sesachacha Road and 45 Quidnet Road projects are in conjunction with one another. Waiting to hear from MNH. Motion Continued both SE48 -2967 and SE48 -2968 to May 24 by unanimous consent. Vote N/A B. Amended Orders of Conditions 1. Providence Associates, LLC —11 Village Way (14 -46) SE48 -2414 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — The original NOI was for placement of septic; since it was permitted, there has been a change in interpretation of Board of Health (BOH) regulations and the septic will be within the 100 -foot buffer to the potable wells on abutting properties. Where BOH wants the septic to go is outside the 100 -foot buffer of public health concern but within the 100 -foot buffer to the coastal bank. The system is an I /A. Public None Discussion (533) None Staff He has spoken to Mr. Santamaria and Mr. Artell to come up with a location that is to the best benefit of both concerns. Recommends this be closed and issued. Motion Motion to Close and Issue. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously 111. PUBLIC MEETING A. Requests for Determination of Applicability 1. Girard Ruddick — 85 Sankaty Road (49 -91) Sitting Bennett, Erisman, Steinauer, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David Haines, Haines Hydrogeologic Consulting — This request is to confirm the wetland boundaries and allow brush cutting down to 50 feet off the wetland. Described the area supporting his theory it is a BVW. Most trees are within 50 feet of the wetland boundary; the rest is low shrub. No soil disturbance is proposed. Discussion (5:37) None Staff This has been reviewed and the vegetated wetland is correct. Recommend issue as a Positive 2 and Negative 3. Motion Motion to Issue as recommended. (made by: Golding) (seconded by: Steinauer) Vote Carried 5- 0 / /Champoux recused Page 4 of 7 Minutes for May 10 2017 adopted May 24 B. Minor Modifications 1. Burke — 37 Gardener Road (43 -85) SE48 -2718 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — To extend two rows of 20 -inch coir logs an additional 48 linear feet topped with 6- inches of sand and beach grass. A third row has been removed from the proposal. Discussion (5:40) Erisman — Asked if the plan is to maintain the 6- inches of sand or if it is a one -time application. Gasbarro — The goal is to keep the logs covered but this could be conditioned as a one -time application and they will come back if it doesn't stay; that will be event driven. Golding — There is probably a lot of reflective wave energy in the winter. Steinauer — If the logs aren't kept covered, they will start to deteriorate. Gasbarro — Not as much as the tubes; explained the difference between logs and tubes. Erisman — Asked about the adjacent salt marsh. Also, the original work was going to be done while the salt marsh was dormant; asked if the work would hurt the salt marsh just as it starts to grow. Gasbarro — The work will only take one day; so the salt marsh will be covered no more than that. The logs can be place by hand but a mini excavator is needed to place the anchors and clean up the area. Access will be from the boat ramp. Staff This is for the extension of two rows of coir logs. They are still governed by the monitoring condition of the original Order of Conditions. There is a condition that calls for locating the salt marsh and quantifying the area; that will have to done on a regular basis. Recommends this is a minor modification. Motion Motion to Issue as a minor modification. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously C. Certificates of Compliance 1. Middle Valley, LLC —12 Middle Valley Road (43 -162) SE48 -2691 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Representative Mark Rits, Site Design Engineering — This is for a house and amenities outside the 50 -foot buffer. Staff Recommend issue with on -going Condition 20 restricting discharge of the pool. Discussion (5:49) None Motion Motion to Issue. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously 2. 5 Quaise, LLC — 5 Quaise Pastures Road (26 -21) SE48 -2778 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Representative Mark Rits, Site Design Engineering — This is for an elevated Fibergrate® walkway. Staff It is in compliance; recommend issue. Discussion (5:50) None Motion Motion to Issue. (made by: Topham) (seconded by: Golding) Vote Carried unanimously 3. Seasaw, LLC — 51 & 53 Hulbert Avenue (29 -13) SE48 -2624 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Representative Mark Rits, Site Design Engineering — This is for an in -kind replacement of a timber bulkhead. Staff It is in compliance; recommend issue. Discussion (5:53) None Motion Motion to Issue. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 4. Sixty -Two Hulbert Ave, LLC — 62 Hulbert Avenue (29 -164 & 57) SE48 -2732 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Representative Mark Rits, Site Design Engineering — This is for elevation of and additions to structures in land subject to coastal storm flowage. The pool was done at the same time. Staff It is in compliance; recommend issue. Discussion (5:54) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 5. Doughtery — 23/25 Pilgrim Road (41 -98) SE48 -2563 Reissue Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Staff When it came time to record the certificate, no one could find it. This is in compliance; recommend reissue. Discussion (5:56) None Motion Motion to Reissue. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously Page 5of7 Minutes for May 10 2017 adopted May 24 D. Orders of Condition 1. Little Point Acquisition Co., LLC —11 & 13 Hallowell Lane (30 -11,13 & 257.1) SE48- 2962 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Staff Didn't have a lot of conditions; Conditions 20 and 21 are required by MNH; State and Federal guidelines provide a level of prohibition when nesting birds are present. Will add Condition 22 about storage of equipment outside the buffer zone. Discussion (5:57) Champoux — Would like a condition that no materials are stored on site. Motion Motion to Issue as amended. (made by: Golding) (seconded by: Erisman) Vote Carried unanimously 2. Hummock Pond Realty Trust — 86 Hummock Pond Road (56 -117) SE48 -2966 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Staff Will make an edit that the 25 -foot buffer will be marked as a no- disturb area. In regards to the finding, in the area they are doing work they are altering more than 50 percent; however, in regards to the total lot, he's not sure they are meeting that percentage between the 25- and 50 -foot buffers. If the board wants to make a finding that the work was previously approved and expired, you may. Discussion (6:00) Erisman — Asked for a condition mandating delineation of the 25 -foot buffer to prevent clearing within the buffer. Golding — Mr. Collier asked for a finding about the work being previously approved because it is more than 50 percent of the area. Discussion about whether or not the board should make the finding and whether or not the work is greater than 50 percent of the area; review of the locations of the resource areas. Consensus does not support approving a finding. Motion Motion to Issue as amended. (made by: Champoux) (seconded by. Golding) Vote Carried unanimously 3. Nantucket Islands Land Bank — 0 Polpis Road (45 -2) SE48- 2964 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Staff He included additional findings on Condition 2 about this being in response to an enforcement order issued due to actions of an abutter, not the property owner. This has requirements on survivorship, species compliance, and permanent marker for no- disturb areas. Discussion (6:12) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Golding) Vote Carried unanimously 4. Eelgrass, LLC —11 Sherburne Turnpike (30 -36) SE48 -2948 Reissue Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Staff The Order of Conditions was lost before it could be recorded. It was issued about three months ago. If it was found, he can shred this. Discussion (6:13) Unidentified speaker stated that Vaughan, Dale, Hunter and Beaudette, P.C. found the original Order of Conditions. Motion Motion to Reissue. (made by: Steinauer) (seconded by: Golding) Vote Carried unanimously E. Extension of Orders of Conditions 1. MassDOT — 4 Goose Pond Lane (55- 407 &415) SE48 -2660 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Staff This is for the in -town bike path; originally issued in 2014. The new DPW director reviewed the plans and has significant issues for public safety. They might be coming in for minor modifications or amendments. The Town is asking for three 1 -year extensions; monitoring will stay open. Discussion (6:16) Erisman — Asked about the "thousands of pounds of glyphosates" Mr. Bender said were used in proximity to the pond. Discussion about whether or not that claim is supported by evidence. Motion Motion to Issue three 1 -year extensions. (made by: Steinauer) (seconded by: Golding) Vote Carried unanimously F. Other Business 1. Approval of Minutes 4/26/2017: Approved by unanimous consent. 2. Enforcement Actions a.315/321 Polpis Road. Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham Staff The abutter clear -cut the lot and some wetlands. Some of that clearly required a permit. They scraped the earth. Asking this to be issued. He'll bring them in and start the process. Discussion (6:18) None Motion Motion to Issue of an enforcement order. (made by: Steinauer) Vote Carried unanimously Page 6 of 7 Minutes for May 10 2017 adopted May 24 b. 93 Baxter Road Sitting Bennett, Erisman, Steinauer, Champoux, Topham Staff At the top of the bank, four levels of coir logs were installed near the top of the bank creating terraces on the coastal bank in an area typically protected for nesting habitat. That has not be permitted. There is an open permit for `Sconset Beach Preservation Foundation (SBPF) for geotubes and bank plantings and he doesn't know if the owner did the work or SBPF. We can issue the enforcement order against the open permit or can issue it to the property owner where the work is contained. He recommends issuing to both the owner and SBPF. Discussion (6:21) Erisman — She feels this might be similar to what has happened to Nantucket Islands Land Bank where other people are doing the work. Motion Motion to Issue an enforcement order to both the property owner and SBPF. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 3. Reports: a. NP &EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Erisman — Given all the unpermitted clearing going on, this board needs to do an informational campaign about clearing and what wetlands look like and that it is illegal. It needs to go to the owners since they are responsible. Carlson — Perhaps we can do an advertisement in the paper and get "N Magazine" to do an article on Holly Farm. If we have a public hearing for regulations, we can have a discussion about setting fines and fees resulting in enforcement orders. Pointed out that the violations that have been the paper have had the quickest response. He will put a draft of a fine schedule on the next agenda; once that is done, he will advertise for a public hearing. 5. Administrator /Staff Reports a. CPC will hold an open house on May 16 at 4 p.m. at the African Meeting House. Motion to Adjourn: 6:36 p.m. Submitted by: Terry L. Norton Page 7 of 7