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HomeMy WebLinkAbout2017-9-7Minutes for August 23, 2017 CONSERVATION COMMISSION1 i U C K!-:: PUBLIC MEETING o w N G L E R k 2 Bathing Beach Road Nantucket, Massachusetts 02554 q {+ Er p www.nantucket- ma.gov 2017 S '1 AM 9. 07 Wednesday, August 23, 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 4:01 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator; Terry Norton, Town Minutes Taker Attending \Iembers: Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Remote Participation: Per 940 C\SR 29.10, Ian Golding is participating remotely. Absent Members: Erisman late :arrivals: None Earlier Departure: Golding, 5:49 p.m. Agenda adopted by unanimous consent * \latter has not been heard PUBLIC MEETING A. Announcements and Public Comment — None 11. PUBLIC HEARING A. Notice of Intent 1. Nantucket Community Sailing — 2 Bathing Beach Road (29 -2) SE48 -2953 Cont (11/15/2017) 2. 'Alan- D. Starr— 9 East Creek Road (55 -60) SE48 -2985 Cont (09/20/2017) 3. *Nantucket Pond Coalition — Eastern Shore of Hummock Pond (81;85 -N /A) SE48 - Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Ken Wagner, Water Resource Services — This is for control of phragmites along the eastern shore of the pond. We will use the same herbicides and additives as used in other the ponds. The first phase %will be 4,000 feet of the southeast shore. Massachusetts Natural Heritage (MNH) had concerns about a protected fish species in the other projects; his review indicated those no longer in his area. He's waiting for \C<H's response to this project. Robert Williams, Nantucket Pond Coalition — Presented at the table pictures of the Long Pond project showing "significant" reduction in phragmites. Public Edith Ray — On Monday, she submitted a letter of concerns about this project's timing and location. There is bird life, bitterns and grebes as well as others, utilizing that end of the pond and there was no mention of it in the application. Another concern is impact on the swallows that have utilized the upper portion of the narrows for a migratory route since at least 2009. She would like further study done to find out what bird -life is utilizing that area. Asked if the applicant has thought about other means of control for this area. She has seen the birds roost in the phragmites. Asked that this be held off one more year to allow time to for the pilot and \ \Hite Cove projects to be completed and the board to review those for adverse effects. Discussion (4:o4) Golding — Asked if -Mr. Brad Chase, the senior. Biologist, has substantiated what Mr. Wagner found. Wagner — He spoke with Mr. Chase but received an email only this morning. Read \1r. Chase's email into the record about rescinding the first letter. Apparently he will not write a second letter. Golding — He would like this to have the same monitoring conditions as the pilot project. Wagner — The twice -a -year, 6 -foot water -level drop makes it very- hard to judge whether that or glyphosates are impacting non - target organism. There is no evidence going back 15 years, of there being alewifes or blueback herring entering the pond. Also, there would be no alewife amongst the phragmites and glyphosates isn't used in open water. Williams — His experience is the swallows roost in the cattails, not the phragmites. It seems inconceivable to him that the glyphosates would hit the water or shore. Wagner — It is the policy of Massachusetts that no invasive species can be considered as viable habitat. The state would not consider phragmites as viable habitat even for an endangered species. Their goal is to restore native species. Champoux — Asked about bio- magnification, if there had been studies. Wagner — He's not aware of any bio - accumulation or bio - magnification of glyphosates. They don't last ven- long in that environment. He has reviewed the alternatives, such as fire; in his opinion, this is the best means of management. Reiterated the desire to see the native community re- establish. Golding — Asked if there is any disagreement with the monitoring program used for Goose Pond. Wagner — One request was to look at invertebrates; the problem is the bi- annual draw down would make studying for invertebrates difficult; invertebrates and fish don't stick around because of the draw downs. Page 1 of 5 Minutes for August 23 2017 adopted Sept. 6 Williams — _Asked for a two -week continuance. Staff He'll ensure the project representatives receive a copy of ifs Ray's letter. Can't close without the Department of Environmental Protection (DEP) number and the _Marine Fishenes letter. Motion Continued for two weeks without objection. Voice vote N/A 4. Gloria Grimshaw — 22 Quidnet Road (21 -33) SE48 -2992 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting — This was continued for MNH response; in response to their letter he redrew the maps. All structures will be outside the 50 -foot buffer. Public None Discussion (4:44) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) Voice vote Carried: Topham, Ave; Steinauer, Ave; Champoux, Ave; LaFleur, Ave; Golding, Ave; Bennett, Ave 5. *Todd Johnston — 3 Fulling -fill Road (27 -27) SE48 -2998 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — This is an existing developed site. Resource areas include: east side of the road has a salt marsh; bordering vegetated wetland on the south of the lot; and a coastal bank. The work is to install a new septic system, a 2"d -story addition on the house, installation of a swimming pool, and a dry - laid patio. All work will be outside the 25 -foot buffer. The plan doesn't show the pool fence. Public None Discussion (4:47) Golding — Pointed out that abutters claim there are unapproved pools in that area. _asked if this would impact the wetland scenic view. Bennett — There was no site visit for this project. Champoux — He thinks the commission should make a site visit. _asked why the pool is placed at such a high elevation; he would prefer the grade not be pulled up to elevation 25 for the pool. Steinauer — Noted that the bulk of the work on the house is outside ConCom jurisdiction; that adds to the problem. He'd like to see the pool moved out of the 50 -foot buffer. Bennett — He's concerned about the back fill. Bracken — Asked for a two -week continuance. Staff There are pools at other residences along Fulling Mill Road. Noted denying a project because of the impact on the wetland scenic view is very difficult because whether or not the view is disrupted can be subjective. This needs to continue for work on the fence and position of the pool. Motion Continued for two weeks without objection. Voice vote N /,1 6. *Timothy J. & Susan Rae Grell — 21 Field Avenue (80 -41) SE48 -2999 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — This application is for expansion of an existing deck in the buffer zone and addition of a door with landing on a late -1980s home. The resource area is a bordering vegetated wetland outside any Massachusetts Endangered Species Act (MESS) mapping. The north elevation landing would be up against a 50 -foot no -build zone. The south elevation deck is already within the 50 -foot setback. The expansion would be no closer to the bordering vegetated wetland than the existing deck. They are requesting waivers for work within the 50 -foot setback based upon no adverse impact. Public Will Stevens, 19 Field Avenue — _asked if the deck requires new footing within the buffer or if it will be cantilevered. Most of the area disturbance has occurred within the last nine months. Discussion (5:03) Champoux — If the area has been cleared in the last nine months, a GIS should shod- that. Staff He can look into the claim of clearing; if clearing was done without permit, it can be dealt with through the enforcement process. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) Voice vote Carried 60 -: Topham, Aye; Steinauer, _dye; Champoux, Ave; LaFleur, Ave; Bennett, _dye; Golding, Ave 7. *James J. Houlihan — 28 Swift Rock Road (40 -43) SE48 -299 7 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — Filed with MNH but haven't received a response; will have to continue. The swimming pool will be raised in grade; all work is between the 50 -foot and 100 -foot buffers. .Asked for a two -week continuance. Public None Discussion (5:14) None Page 2 of 5 Minutes for August 23 2017 adopted Sept 6 Staff This is waiting for a response from 1LNH. \Iotion Continued for two weeks without objection. Voice vote N/A 8. *115 Washington Street Extension LLC — 115 Washington Street (55.1.4- 39)SE48 -2996 Sitting Bennett, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Stan Humphries, LEC — There are three vegetated wetlands in the area. The work will be within the buffer zone to those. The entire site is in land subject to coastal storm flowage. Reviewed the scope of work and hou- the concrete pier foundations will be set. A waiver is requested for work within the 50 -foot buffer and for 2- foot separation from high ground water. Contends that the project is an overall improvement from the flood plain management perspective. All structures will be flood -zone compliant. Public Edith Ray — Often times over the course of the project, the silt fence is displaced or breaks down. _asked how that remaining in place is to be enforced. Discussion (5:16) Bennett — He's a little concerned about the foundations. Staff He does periodic site inspections; this can be conditioned to have photos of the silt fence provided during the work. Have everything needed to close. ,\lotion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Voice vote Carried 5 -0: Topham, Aye; Steinauer, Ave; LaFleur, dye; Bennett, .dye; Golding, _dye/ /Champoux recused. B. Amended Orders of Conditions 1. Ronald M & Nancy S. Lindsay— 15 Pippins Way (43 -94.3) SE48 -2888 Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — Reviewed the scope and location of the work. _,\ waiver is required for 2 -foot separation from ground water. The lighting will be directed downward-, that could be included in the condition. Public None Discussion (5:56) At 5:26, held for the representative to arrive None Staff Suggested adding the pool conditions and the lighting for the house. Recommend this be closed and issued. \Iotion Motion to Close and Issue. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 2. Steven L. Cohen, Trustee — 68/72 Monomoy Road (43 - 119 &115) SE48 -2803 Cont (09/06/2017) 111. PUBLIC MEETING A. Requests for Determination of Applicability 1. Kenway LLC — 307 Polpis Road (25 -39) Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting — This is for verification of the wetland boundaries and prior to installation of an upgraded septic system for two existing houses-, two existing septic systems uill be discontinued. Reviewed the locations of the wetlands. No work will be within 50 feet of the wetlands. \INH has mapped TNIESA habitat outside the developed portion of the site. Most work is within currently disturbed land Discussion (5:28) None Staff Recommend this be issued as a Positive 2-A and Negative 3. Motion Motion to Issue as recommended. (made by: Champoux) (seconded by: LaFleur) Voice vote Carried 6 -0: Topham, Aye; Steinauer, Ave; Champoux, Ave; LaFleur, Ave; Bennett, Ave; Golding, _y -e B. Minor Modifications 1. Von Summer & Moller — 10 Monomoy Creek Road (54 -54.2) SE48 -280 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — _ill the proposed plantings have been reviewed. There is approval for spa in the location of the pool; they are asking to replace the spa with the 18X15 pool. Public None Discussion (5:31) None Staff Recommend this be issued as a minor modification. \Iotion Motion to Issue the minor modification. (made by: Steinauer) (seconded by: Topham) Voice vote Carried 6 -0: Topham, Aye; Steinauer, Ave; Champoux, Aye; LaFleur, Ave; Bennett, Ave; Golding, Ave. C. Certificates of Compliance 1. Haulover, LLC — 165 Wauwinet Road (7 -1.1) SE48 -2907 Cont (09/06/2017) Page 3 of 5 Minutes for August 23 2017 adopted Sept. 6 2. 7 Swain Street, LLC — 7 Swain Street (42.4.1 -79) SE48 -2912 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Work is completed in compliance. Recommend this be issued. Discussion (5:35) None \lotion Motion to Issue. (made by: LaFleur) (seconded by: Steinauer) Voice vote Carried 6 -0: Topham, _dye; Steinauer, _dye; Champoux, Ave; LaFleur, Ave; Bennett, Ave; Golding, Ave 3. Gut— 13 Columbus avenue (59.3 -110) SE48 -2862 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff The work has been completed; the firepit was removed. Recommend this be issued. Discussion (5:36) None \lotion Motion to Issue. (made by: LaFleur) (seconded by: Topham) Voice vote Carried 6 -0: Topham, Ave; Steinauer, -Ave; Champoux, Ave; LaFleur, Ave; Bennett, Ave; Golding, Ave 4. Sabelhaus — 2 Quaise Pastures Road (26 -20.6) SE48 -2867 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Work is completed in compliance. Recommend this be issued. Discussion (5:37) None \Iorion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Voice vote Carried 6 -0: Topham, Aye; Steinauer, Ave; Champoux, _dye; LaFleur, Ave; Bennett, Ave; Golding, Ave D. Orders of Condition 1. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2834 Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Staff He was instructed to write a denial based on lack of information. A requirement of that option is spelling out what was lacking, which was additional soil work and hvdric studies; read the findings addressing that. Discussion (5:38) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur) Voice vote Carried 5 -0: Topham, Ave; Steinauer, Ave- Champoux, Ave; LaFleur, Ave; Bennett, Ave / /Golding recused; 2. Steven T. & Erin P. Freeman — 93 Baxter Road (48 -21) SE48- 2984 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is the Baxter Road after -the -fact filing. The Order of Condition defines the date work started and enforcement was issued. Finding 1 states this particular set of materials constitutes a coastal engineering structure to protect a pre -1978 structure. Finding 2 references the bird habitat. Condition 19 addresses the penalty fee. Other conditions are for a monitoring report and maintenance of the plants. He reviewed the fine and enforcement portion with Town Counsel. The enforcement included in the Order of Conditions puts it on a permanent record of the property. Discussion (5:42) Champoux — Asked if the enforcement is directed at the homeowner only. Staff — Enforcement issued to the contractor would be secondary enforcement. Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Voice vote Carried 5 -1: Topham, Ave; Steinauer, Ave; Champoux, Ave; LaFleur, Ave; Bennett, Ave; Golding, N av 3. Gloria Grimshaw — 22 Quidnet Road (21 -33) SE48 -2992 Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Staff He conditioned the discharge of the pool and ceasing chemical treatment prior to draining. He needs to change some wording; read the change. Discussion (5:49) None \lotion Motion to Issue as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 4. Timothy J. & Susan Rae Grell — 21 Field Avenue (80 -41) SE48 -2999 Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Staff He will add Condition 19 about placing permanent markers. Discussion (5:5u) LaFleur — .Asked if the 25 -foot buffer should be permanently marked. Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 5. 115 Washington Street Extension LLC — 115 Washington Street (55.1.4- 39)SE48 -2996 Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Staff This is pretty straight forward. Discussion (5:53) Steinauer — Thinks all the development going on in the flood zone is crazy. \lotion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Page 4 of 5 Minutes for August 23 2017 adopted Sept 6 E. Other Business 1. _Approval of Minutes 08/09/2017: approved by unanimous consent. 2. Fnforcement _fictions a. 93 Baxter Road Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Staff There has been a request to issue an enforcement action against the contractor who did the work. Discussion (5:59) Champoux — There is no way the contractor didn't know he had to come to ConCom. _-Asked ghat the fine would be. Consensus agrees with Mr. Champoux. Staff — The fine would be the same as for the owner. He will send it out tomorrow. Discussion about whether or not there are other actions to take against contractors who do work without a pertnit. \lotion Motion to Issue the enforcement order. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously b. Outstanding enforcements Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Staff There are several outstanding enforcements. He would like to send out a letter ordering each violator ordering them to come back into compliance within 90 days or face punitive actions. If there are multiple enforcements on a lot, that's $50 per enforcement per day from the day the first letter was sent. The fine can be challenged in court or paid. If a violator decides to challenge the fine in court, he doesn't believe the judge kill side with the violator. Discussion (6:08) None \lotion None Vote N/A 3. Reports: a. NP &EDC, Bennett 4. Commissioners Comment a. Steinauer — He noticed comments about cutting phragmites or burning. Burning might work if you get it dn- enough to burn down through the wetland and duff; however fires below the surface are nearly impossible to put out. Livestock grazing might also work. Phragmites have an extensive rhizome system the stores water and energy and so are very hard to kill. He's heard that if phragmites are kept cut below water for an extended time the.- gill die. The project on the Vineyard is not about killing phragmites; it's about using the harvest to reduce nutrients in their ponds. Staff — The Vineyard's concept is to manage nutrient inflow by harvesting the phragmites and distributing the plant upland in proper sites for disposal; this removes completely from the system the nutrients produced by the plants. He'll see if he can get someone from the Vineyard to talk to this commission about that project. 5. .-Administrator /Staff Reports a. One of the goals of the Board of Selectmen is to have the Town put together a more comprehensive resilience plan for in the event of a significant weather event or other disaster. It has been passed into his office, the Sewer Department, the Public Works, and the Health Department. Our part is when we look at permits or applications, what rules or regulations can we adjust to make Nantucket more resilience, i.e.: erosion calculations, dealing with stormwater flow, flood zone performance standards, site improvements. \lotion to _Adjourn: 6:30 p.m. Submitted by: 'ferry L. Norton Page 5 of 5