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HomeMy WebLinkAbout2017-9-6Minutes for September 6 2017 ado ted Sept. 20 CONSERVATION COMMISSION PUBLIC MEETING''`; T �' �' 2 Bathing Beach Road Tr',VIN CLEK,. Nantucket, Massachusetts 02554 www.nantijcket-ma.gov 2017 SEP 21 AM 8:45 Wednesday, September 6, 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. ordinator; Joanne Dodd, Natural Resources Office Administrator; Staff in attendance: Jeff Carlson, Natural Resources Co Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Absent Members: Golding Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard PUBLIC MEETING A. Announcements and Public Comment — None ll. 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 m (Cont 10/04/2017) 2. Nantucket Pond Coalition — Eastern Shore of Hummock Pond (811 -85 -N/A) SE48-3004 Sitting Bennett, Erisman, LaFleur, Champoux, Topham (Steinauer Recused) Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Robert Williams, Nantucket Pond Coalition — (Can't hear him.) Public Edie Ray, Miacomet Avenue Discussion (4:oo) LeFleur — We had talked about studies of the effect of glyphosate on birds. Asked if any had been found and submitted. Williams — No. Champoux — He had been waiting for that. Said he looked for such studies. We also talked about the loss of habitat. Bennett —The discussion of habitat came up at the last meeting but it was negated Erisman — Asked if there was a five- or ten-year plan for this. Williams — Yes. Erisman — Stated she's done research on wetland reconstruction projects. Explained projects like this often don't succeed due to the lack of a five-year or ten-year plan outlining treatment protocol. She would like to see the Long Pond project progress further and to see the outline of a five-year plan for this before approving this. Also, she feels this focuses solely on the elimination of phragmites and doesn't look at the large ecological picture. Ray — Asked if there is a pond with a similar amount of phragmites where it has been truly- eradicated using this process and if so where is that pond and how long it took to permanently eradicate the phragmites. Williams — Yes. (can't hear his further explanation.) Ray — At the last meeting, she brought up the idea of finishing the other two on-going projects to determine the results before approving this larger project. Talked to someone at Massachusetts Natural Heritage (�fNHj who indicated that they were unaware of the swallows and other birds that she has observed living around the pond and that this project didn't contain a bird component. Feels the timing of this application is a concern. Staff Received the sign -offs from MNH and Massachusetts Department of Environmental Protection (DEP). Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Topham) Vote Carried 5-0//Steinauer recused 3. Todd Johnston — 3 Fulling Mill Road (27-27) SE48-2998 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — Reviewed the changes in the revised plans. Public None Discussion (4:15) Steinauer — Given all the huge houses and the line of Junipers, it is hard to imagine an nn -ground pool affecting the wetland scenic view. Erisman — Concerned about lighting. Page 1of5 Minutes for September 6 2017 adopted Sept. 20 Steinauer — Asked if the homeowners association had an agreement conditioning no pools. Madden — He's not aware of any. Staff This was continued for a field viewing which was accomplished; revised plans %were filed. Reviewed a letter from the owner of 5 Fulling Mill Road expressing concern about hardscaping on the marsh side of the pool and a pool and hardscaping being permitted that would change the condition of Folger's Marsh. The letter came in at 3:20 p.m. this day and there was not time to get it to the commissioners. It is outside ConCom purview to enforcement homeowner agreements and covenants. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 4. James J. Houlihan — 28 Swift Rock Road (40-43) SE48-2997 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — We were waiting for ILNH; they ruled no adverse affect and no take. Public None Discussion (4:20) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 5. * Nantucket Islands Land Bank — 21 & 27 Easy Street (42 - 20 & 18) SE48-3002 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Roger Michniewwicz, Coastal Engineering Company, Inc., — Reviewed the existing condition and the components of the proposed work to open and landscape the area to a public -access park. Did test pits to ascertain the soil and groundwater; reviewed the stormwater runoff management plan to include absorbent plants. Resource areas: land subject to coastal storm flowage, coastal bank, and land under the ocean. The DEP designated this a water -dependent project; we will have to file for a new Chapter 91 license. Rachel Freeman, Nantucket Islands Land Bank Public Edie Ray, Miacomet Avenue Robert Young, 28 Easy Street Discussion (4:21) Champoux — The project proposes brick; a more permeable material would be better suited. Bennett — The retaining wall will need to have holes to allow water for floe- and not be retained. Freeman — Reviewed the planting plan: native species and hardy ornamental species suitable to the area. Erisman — This plan shows 22 native plants but 46 non-native varien- picked because they're beautiful. The more native species used the less pollution will affect the harbor, which has nitrogen issues. Freeman — The non-native ornamental species were chosen for their abilin- to tolerate saltwater inundation. Champoux — He'd also like to see the Land Bank take charge of landscaping with more native species in mind; though his main concern with using cultivars is in the wild where they could colorize. Freeman — Pointed out that the Land Bank would never put cultivars in a conservation area; this park design is more in keeping with the downtown area. %Filling to work with the landscape architect about using more native species. Explained the lighting will be low and downward focused. Erisman — Noted there are no trash receptacles indicated on the plan; those should be considered. Ray — This is an important site and she would like there to be a lot of native species used with informational signage about what the plants were traditionally used for and about the railway that used to be there. Young — The Easy Street Basin and North Wharf area is scenic view that should be protected. Thinks the 13 Honey Locus on this property is excessive and will impact the view, asked the commission to consider the impact of that many trees. Champoux — There does seem to be a lot of trees proposed; asked the reason behind it. Freeman — For shade; tried to preserve a view corridor through the trees from different angles. This is a ven hot area in the summertime. Asked for a two-week continuance. Staff None Motion Continued to September 20 by unanimous consent. Vote N/A Page 2of5 Minutes for September 6 2017 adopted Sept. 20 6. *Creekside Nominee Trust — 156 Orange Street (55-61) SE48-3003 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. 1Zepresentative Mark Rits, Site Design Engineering — This is to construct an secondary dwelling with landscaping and grading outside a 50 -foot buffer to an on-site wetland. The wetland boundary has been confirmed. The proposed work area has been lawn for many years. A small amount of grading and work will be within the 50 -foot buffer; no changes inside the 25 -foot buffer. Public None Discussion (4:55) None Staff Have everything needed to close. \lotion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 7. *North Pond Trust — Tuckernuck Island (96-13) SE48-3000 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Associates — This is to remove an existing dwelling and construct a new house; the existing septic will be abandoned; it's leach pit is about 50 feet from the coastal bank of a pond. A new septic will be positioned with about 450 feet between the leach pit and the pond. The building envelope is subject to a conservation restriction. Grading will be minimal. Awaiting a Massachusetts Endangered Species Act (MESA) response; asked for a two-week continuance. Public None Discussion (4:58) None Staff Need to continue for the ASSA response. \lotion Continued to September 20 by unanimous consent. Vote N/A 8. *David Kowitz — 323 Polpis Road (25-9.2) SE48-3001 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — This is for replacement of an existing pool and associated hardscaping and landscaping in an existing residential yard within the 100 -foot buffer to a bordering vegetated wetland (B`AV). All work is outside the 25 -foot buffer. The existing fence shall remain with the silt fence along inside it. Bottom of pool will be at groundwater level elevation 12. Public None Discussion (5:02) None Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 9. *36 Lily Street, LLC — 36 & 36B Lily Street (42.4.3-93 & 94) SE48-3005 Cont(09/20/2017) B. Amended Orders of Conditions 1. Steven L. Cohen, Trustee — 68/72 Monomoy Road (43 - 119&115) SE48-2803 Cont(09/20/2017) 111. PUBLIC MEETING A. Requests for Determination of Applicability 1. Hans Dalgaard — 33 Madaket Road (41-409) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — Confirm the B\ W boundaries; this is a barn and horse habitat area with open grass. Public None Discussion (5:05) None Staff Verified the soil information; that soil is very hard. Recommend Positive 2A confirming the resource boundary area. \lotion Motion to Issue as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously B. Certificates of Compliance 1. Haulover, LLC — 165 Wauwinet Road (7-1.1) SE48-2907 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Were waiting for the Board of Health to issue their certificate that this met their standards. From our perspective, it is in compliance and this can be issued. Discussion (5:09) None \lotion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 3 of 5 Minutes for September 6 2017, adopted Sept. 20 2. Halsell — 10C Crows Nest (12.44.4) SE48-2851 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff This is for an addition and deck on one of the existing cottages. It is in compliance and can be issued. Discussion (5:10) None -\Sotion Motion to Issue. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 3. Zaverucha — 45 Easton Street (42.4.1-58) SE48-2720 Reissue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff This is for a reissue Discussion (5:11) None Motion Motion to Reissue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously C. Orders of Condition 1. Nantucket Pond Coalition — Eastern Shore of Hummock Pond (81;85 -N/A) SE48-3004 Sitting Bennett, Erisman, LaFleur, Champoux, Topham (Steinauer recused) Staff Managing habitat is a more global discussion to consider conditions to add that will help a project succeed; once you start, it requires constant vigilance. The commission has never required funds be put in escrow for a large-scale project like this. We've requested them for removal of a coastal erosion project. It would be nice to be able to condition this that they have to get a contractual commitment to maintain the project for a number of years; we do this for operational - maintenance agreements for I/ 1 septic systems all the time. One thing that could be done to safeguard the project is for prior to the start of Phase II they are required to get written consent from Audubon and Land Bank that requires an amended order of conditions to go past their properties. Explained the qualifications that would allow the Nantucket Pond Coalition to reapply next year, in the event of a denial. If this is denied due to lack of information, asked what specific information the commission felt they asked for but wasn't provided. Thinks this route would be very difficult due to the per for similar project unless the lacking information can be clearly spelled out. It is proven that the phragmites has become a critical habitat and we can't condition this project in such a way that will mitigate that impact. There are 21 days to issue the permit; that allows time for commissioners to send thoughts to him. Discussion (5:12) Erisman — She really wants to see a concrete plan to ensure success. She has concerns with the qualin of the reporting in regards to the pilot project; in light of that, she doesn't want to give them more work. Without the phragmites, more nutrients are going to get into the pond. She does not support this project. Champoux — Something that gave him pause was the comment they are looking for someone local to take over the project; there is no one local to do that. _asked if the commission has ever asked for money to be put into escrow for a project like this. Bennett — Given that the habitat is invasive, wonders if there is proposed native habitat to sustain the population. Discussion about DEP not designating invasive species, such as phragmites, as vital habitat and replacing that habitat with native species. Possible Conditions might include: money equal to the first year costs be put m escrow for the duration of the permit; a five- or 10 -year plan in place; wild -life biologist be retained to monitor the project. Consensus is not comfortable approving this until more there is information from the pilot program. Discussion about, if this is denied, when they could reapply. Lacking information: follow up management plan; what eco -system would be created with the removal of the phragmites; bird population study; rare plant botanical survey-. Motion Continued to September 20 by unanimous consent. (Steinauer recused" Vote N/A 2. Todd Johnston — 3 Fulling Mill Road (27-27) SE48-2998 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham (Champoux left the room) Staff Condition 21: will change to require lighting be directed downward and none at the resource area. Discussion (5:57) None Alotion Motion to Issue as amended. (made by: Topham) (seconded by: LaFleur) Vote Carried 5-0. 3. James J. Houlihan — 28 Swift Rock Road (40-43) SE48-2997 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Will add Condition 22 about lighting using the same wording. Discussion (6:00) None -\lotion Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously Page 4 of 5 Minutes for September 6 2017 adopted Sept. 20 4. Creekside Nominee Trust — 156 Orange Street (55-61) SE48-3003 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff He added the requirement that no cultivars are allowed within the 50 -foot setback. Discussion (6:01) None Motion Motion to Issue. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously 5. David Kowitz — 323 Polpis Road (25-9.2) SE48-3001 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Will add the same lighting condition to this one as well. Discussion (6:02) None Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously D. Other Business 1. _approval of Minutes 08/23/2017: Adopted by unanimous consent. 2. Enforcement .fictions a. 315 Polpis Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Met with the owner twice and will be out on site within the next week to turn the property back into a farm and review what needs to be done. Discussion (6:05) None b. Enforcement Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Working with Town Counsel on enforcement of outstanding tickets. Reviewed the "problem" properties. Discussion (6:07) Discussion about whether or not other permits can be withheld until compliance is met. 3. Reports: a. NP&EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. None 5. Administrator/Staff Reports a. In October he will miss a meeting; after he returns he will advertise and post regulation updates and language for a warrant article to change the bylaw in regards to penalties. Motion to adjourn: 6:19 p.m. Submitted by: Terry L. Norton Page 5 of 5