Loading...
HomeMy WebLinkAbout2017-6-21Minutes for June 21 2017 adopted July 12 CONSERVATION COMMISSION E A ;, T _i PUBLIC MEETING T T'. N C L E F 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket -magov 2017 JUL 13 AM 8. 32 Wednesday, June 21, 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 4:02 p.m. by Ms Erisman Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Erisman (acting chair), Steinauer, LaFleur, Champoux, Topham Absent Members: Bennett, Golding Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements and Public Comment: 1. Lucy Dillon, Nantucket Land Council — They will be manning a table at the Farmer's Market on July 41h, Race week, Labor Day Weekend; they will have information on environmental, water quality, and various Town departments. II. PUBLIC HEARING A. Notice of Intent 1. Van Den Born —135 Wauwinet Road (11 -12) SE48 -2961 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — Submitted correspondence and revised site plan in response to comments at the prior hearing. Reviewed the project and changes to the structure and decks; the parking area is not being expanded toward the wetlands to the north; the southeast corner parking area is being removed to allow for the septic system and will be revegetated with beach grass. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (4:04) Champoux — Clarified the changes to living space and reduction in decks. Appreciates removal of the board walk. Steinauer — Asked if the foundation will be open. Gasbarro — We specified that the foundation is skirted pylons with 30% open space in the boards. The resource areas are land subject to coastal storm flowage, wetlands, and barrier beach with coastal dunes. No grade changes or formal landscaping is proposed. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 2. Rabil III & Rabil —141 Cliff Road (30- 1,2,3,4,5,6 &7) SE48 -2972 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors — Reviewed the project. This was continued for response from Natural Heritage and Endangered Species Program, which has been received and designated as No Take. Resource areas include: coastal resource, coastal beach, coastal bank, and vegetated wetlands. The pool is in a previously disturbed area. When septic was done soil testing indicated water level at 14.8; the pool deck is at 27. Public None Discussion (4:16) Erisman — Asked if the revegetation would go all the way up to the 25 -foot buffer. Santos — Maybe between where it is now and the 25. Willing to do a Revegetation Plan if required by the order. Steinauer — Technically this seems to fit our regulations but doesn't like to see things going on the coastal bank right at the 50 -foot buffer. This is not a pre -1978 structure so doesn't qualify for coastal erosion protection. Champoux — He would like a condition requiring revegetation. Staff That area we are ordering to be re vegetated was a component of the original permit; the wetland was partially restored; at the time there were disturbances into the wetland area. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 1of5 Minutes for Tune 21 2017 adopted July 12 3. Martin— 77 Squam Road (13 -10) SE48 -2975 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — For the upgrade of a septic within the buffer zone. This was continued for a response from Massachusetts Natural Heritage; they issued a letter of no adverse affect The septic has a variance from the Board of Health (BOH). Public None Discussion (4:27) None Staff Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously 4. *96 Squam Road, LLC — 96 Squam Road (12 -33) SE48 -2979 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is a residential redevelopment project within the buffer zone to a bordering vegetated wetland. Reviewed the scope of the project. The only waiver request is for separation from ground water for the footing. There will be dewatering outside the buffer zone; if it is temporary, there will be a basin outside the buffer zone; drainage will be installed if necessary. Landscaping will only be to restore the disturbed area; the silt fence will be maintained until there is adequate growth. There will be fertilizer and irrigation in accordance with best management practices. He had recommended to the owner that the house be on a crawl space. The septic will be a mounded system. Public None Discussion (4:28) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 5. *28 Easton Street Realty Trust — 28 Easton Street (42.1.4 -15) SE48 -2978 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — There is a Chapter 91 licensed gangway and pier. This is for reinforcement of an existing bulkhead; explained how that would be done. The float has four 4-inch galvanized steel piles internal to the float removed seasonally; proposing to install timber pennant piles outside the float to eliminate the need to remove every year; proposing three additional three piles and railings. There is no eel grass; received signoff from the Division of Marine Fisheries. Public None Discussion (4:35) Erisman — Asked about a single pile that is by itself. Staff That requires a modification to the Chapter 91 license and ConCom signoff. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 6. *Richard L. Nix, Jr. & Elizabeth C. Nix Revocable Trust — 43 Starbuck Road (59.3 -49) SE48 -2976 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Brian Madden, LEC Environmental — Resource areas: Long Pond, land subject to coastal storm flowage, and a discontinued and fragmented coastal bank. Structure is circa 1965. Raze the existing and construct a new SFD. They will install coastal erosion barriers around the property then demolish the existing house. Once the house is demolished, the coastal bank will be reestablished and revegetate with native species. When that is done, work on the new 1,499 square -foot (SF) structure will begin. It will be primarily on a crawl space foundation with a small finished basement for mechanicals. There is a proposed 270 SF on -slab garage. There is a slight increase of structure within the 50 -foot buffer; the waiver request justified by removing the structure from the resource areas and restoration of the coastal bank. Bill McGuire, Nantucket Architectural Group, LTD Public None Discussion (4:42) Topham —There is some grading; asked the type of slab foundation. A monolithic slab would be best. Erisman — Clarified the location of the 8 -foot basement in relation to the top of the coastal bank. Once this is restablized, confirmed it won't be managed lawn area. Madden — There will be a walking path for access to the pond; the lawn will stop at the 25 -foot buffer. According to the BOH, there is no need for a septic upgrade. Willing to provide the revegetation plan if the commission wishes to see it and information on the garage slab and the profile of the proposed coastal bank and a demolition plan. Asked for a 2 -week continuance. Staff This is a coastal bank because it intersects with the coastal flood zone. Would be helpful to have the revegetation plan. Motion Continued to July 12 by unanimous consent. Vote N/A Page 2 of 5 Minutes for June 21 2017 adopted July 12 III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Ballog — 36 Crooked Lane (41 -330) Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting — Determination of wetland boundaries for brush cutting for paths outside the 50 -foot setback. Two wetlands on property: bordering vegetated wetland and isolated vegetated wedand. Reviewed the existing bushes and trees. Public Philippa Radin, 42 Crooked Lane — Asked for clarification on the locations the paths and the new house. Discussion (5:07) Erisman — Doesn't want substantial trees cut. LaFleur — Asked if the paths are walking paths or for cars. Haines — There is a car path. Staff Could condition that a specific size of tree not be cut. This application is simply to confirm the wetland lines and the brush cutting. Any further work will require another application with abutter notification. Recommend Positive 2A that the resource area delineation is correct and Negative 3 for work in buffer zone with caveat that any trees greater than 3" are not to be cut. Motion Motion to Issue as Positive 2A and Negative 3. (made by: Steinauer) (seconded by: La Fleur) Vote Carried unanimously B. Minor Modifications 1. Nantucket Land Bank & Nantucket Conservation Foundation — Polpis Road (46- 7,8,9 &10) SE48 -2762 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — Have NOI for land management activities and replacement of an existing culvert; this is to change the proposed boxed culvert to a pile- supported bridge. This is less invasive than a culvert. The existing culvert will be removed and streambed restored. The bridge is this size to accommodate a brush cutter for land management purposes; it will be available for pedestrian use. The property is gated which prevents public vehicles from entering. Public None Discussion (5:18) None Staff Maintaining the bridge is a lot less invasive as well. Recommend issue as a Minor Modification. Motion Motion to Issue. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 2. White — 47A West Chester Street (41- 227.1) SE48 -2925 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, and correspondence. Representative Brian Madden, LEC Environmental — Two open Order of Conditions; this is to confirm the reduced length on the back side of the pool and relocation of the pool equipment permitted by the second Order of Conditions. Monitoring report is for the first Order of Conditions. Public None Discussion (5:23) None Staff This could have come in as in substantial compliance; but want all the little bits put through the permitting process. Also the patio area is changing a little bit. Recommend issue as Minor Modification. Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously C. Certificates of Compliance 1. Daniel B. Badger, Jr and Kathy Dexter — 91 West Chester Street (41 -827) SE48 -2421 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff This was for the construction of a single- family dwelling with some revegetation on the slope. It is in compliance. Discussion (5:27) None Motion Motion to Approve. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 2. Jackson — Tristram Avenue (31 -4 & 4.1) SE48 -705 (Reissue) Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Reissue from 1992; it was never recorded and now they can't find it. Discussion (5:29) None Motion Motion to Issue. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 3. Nantucket Conservation Foundation —161 Polpis Road (44 -16) SE48 -2404 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff For Soldier's Marsh phragmites project. The last monitoring report verified no phragmites. Recommend issue. Discussion (5:30) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 3 of 5 Minutes for Tune 21.2017. adopted Tuly 12 D. Orders of Condition 1. Van Den Born —135 Wauwinet Road (11 -12) SE48 -2961 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Didn't draft this; asked for instructions to be signed at the next meeting. Discussion (5:32) Champoux — Excavated materials, silt fence, and dewatering. Erisman — Wants lighting directed away from the resource areas. Motion Continued to July 12 by unanimous consent. Vote N/A 2. Joan D. Pratel Nantucket Trust —12 North Liberty Street (42.3.4 -171) SE48 -2963 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Closed last meeting. Condition 23 is standard herbicide to be used; Condition 22 is the use of a licensed herbicide applicator; no cultivars with photographic monitoring; Condition 19 plant materials to be removed from the site. Discussion (5:35) None Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 3. Rabil III & Rabil —141 Cliff Road (30- 1,2,3,4,5,6,7) SE48 -2972 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Will add Condition 22 about revegetating the 25 -foot buffer zone between wetland flags 8 & 3; no cultivars; and photos are to be provided at the end of growing season with existing fence relocated. Discussion (5:36) None Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 4. Martin — 77 Squam Road (13 -10) SE48 -2975 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Requires waivers for work within 25 -foot buffer. Condition 4 is all leach facilities located outside the buffer zone. He tries not to use no adverse impact /no reasonable alternative when converting septic systems; all septic system have an impact. Discussion (5:40) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 5. 96 Squam Road, LLC — 96 Squam Road (12 -33) SE48 -2979 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Fairly simple; the waiver is for separation from ground water. Discussion (5:42) None Motion Motion to Issue. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 6. 28 Easton Street Realty Trust — 28 Easton Street (42.1.4 -15) SE48 -2978 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff This has pretty much the same conditions as on all bulkhead replacements in the area. Discussion (5:43) Erisman — Confirmed the time of year restriction to be anytime beyond May 1. Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously E. Extension Requests 1. Eleven Crooked Lane, LLC —10 Hickory Meadow Lane (41 -904) SE48 -2682 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Asking for a 1 -year extension. Discussion (5:44) None Motion Motion to Issue a one -year Extension. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 2. Nantucket Conservation Foundation — 183,185,187 Eel Point Road (33;34 - 1,2,3;1) SE48 -2319 Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Asking for three 1 -year extensions to lengthen out treatment time. Discussion (5:45) None Motion Motion to Issue three one -year extensions. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously F. Monitoring Reports 1. White — 47A West Chester Street 41- 227.1) SE48 -2865 Page 4 of 5 Minutes for Tune 21 2017 adopted July 12 G. Other Business 1. Approval of Minutes 06/06/2017: Approved by unanimous consent. 2. Enforcement Actions a. Smith's Point Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Update on vehicular traffic on the dunes: trying to schedule the homeowner in the large structure to be at the next meeting. Discussion (5:48) None b. 315 Polpis Road Sitting Erisman, Steinauer, LaFleur, Champoux, Topham Staff Update on clear cutting: got a tour of the properties from the neighbor at 321 Polpis Road, to whom the action was sent in error. The enforcement action has been sent to the correct address of 315 Polpis Road. Discussion (5:49) None Motion Resending of the Enforcement Action to 315 Polpis Road authorized by unanimous consent. Vote N/A 3. Reports: a. NP &EDC, Staff — Need to appoint the representative; could reappoint Mr. Bennett. b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Steinauer — Nanahumacke Preserve open space area on the left has a new road that looks like it cuts through a couple of wetlands. Also, when they mow, they mow everything, feels it should be replowed and replanted. Staff — That is on his list to evaluate; he will have photos and an update at the July 12 meeting. Some excavation also occurred around the drainage pond which might now be a jurisdictional wetland. b. Topham — Asked about the Nantucket Community Sailing sheds; the machine used to place the sheds was wider than the foot path. Staff — He is working with the company in regards to what happened with the operator. 5. Administrator /Staff Reports a. Nantucket Community Sailing chose a different location was chosen for their sheds because of Piping Plovers. He is working with them to develop a habitat conservation plan for the Jetties Beach area to be approved by Massachusetts Natural Heritage. That conservation plan can be included into a certificate plan. Motion to Adjourn: 5:59 p.m. Submitted by: Terry L. Norton Page 5 of 5