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HomeMy WebLinkAbout2017-9-20Minutes for September 20 2017 adopted Oct. 18 CONSERVATION COMMISSION PUBLIC MEETING N A N T U C `- 2 Bathing Beach Road T (_� `� .{ N C L E K Nantucket, Massachusetts 02554 www.nantucket-ma.gov 2017 OCT t 9 A110. 5 f Wednesday, September 20, 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 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending -Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Remote Participation: Per 940 C -MR 29.10, Ian Golding is participating remotely due to geographical distance. Absent -Members: None Late Arrivals: None Earlier Departure: Golding, 5:23 p.m. Agenda adopted by unanimous consent *Matter has not been heard 1. PUBLIC MEETING A. Announcements B. Public Comment: Staff Did do a field view Monday Sept 18 of Nantucket Islands Land Bank 21 & 27 Easy Street. ll. PUBLIC HEARING A. Notice of Intent 1. -Mary D. Starr -19 East Creek Road (55-60) SE48-2985(Cont 10/18/2017) 2. Nantucket Islands Land Bank — 21 & 27 Easy Street (42 - 20 & 18) SE48-3002 (Cont 10/04/2017) 3. North Pond Trust — Tuckernuck Island (96-13) SE48-3000 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — Received the -Massachusetts Endangered Species Act (MESA) response; the applicant has agreed to ask for more time for a -MESA review. We can't do any work until -MESA is satisfied Public None Discussion (4:o4) None Staff The -IESA letter states that under the Wetlands Protection Act they don't expect a take but will continue their review. We can close and issue; any additional -MESA requirements would require an amended order. Have everything needed to close. .Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Voice vote Carried unanimously: Golding -aye; Erisman-aye; Bennett -aye; LaFleur-aye; Champoux-aye; Steinauer-aye; Topham -aye 4. *36 Lily Street, LLC — 36 & 36B Lily Street (42.4.3-93 & 94) SE48-3005 (Cont 10/04/2017) 5. *Safe Harbor Realty Trust — 2 Harbor View Way (42.4.1-31) SE48-3008 (Cont 10/04/2017) 6. *Edmund & Patricia Carpenter — 17 Columbus Ave (59.3-108) SE48-3007 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — This is for a garage within the buffer to a bordering vegetated wetland and land subject to coastal storm flowage. He is requesting a waiver for a traditional garage foundation; the area would be filled for a slab. Public None Discussion (4:09) Steinauer — He sees the land subject to coastal storm flowage line; asked how far into the zone the garage would be situated. Blackwell — It is 90% within the flood zone. Handed out a GIS map showing velocity- floor and 100 -year flood zones. In regards to displacement of flood waters, he doesn't expect any flooding to be measurable in this specific area. None of the conditions address one structure versus another and this structure xvill not affect the resource area. Steinauer — It looks like there is room to place the garage out of the flood zone and not be in any zoning setbacks. Champoux — Asked why they wouldn't want to build something that's compliant. Blackwell — It comes down to cost. Erisman — Would like it to be flood and zoning compliant; granting a waiver makes her nervous as higher flooding is occurring more often. Agrees it could be located outside of the flood zone. Page 1 of 4 Minutes for September 20 2017 adopted Oct. 18 Champoux — He wonders if this would set a precedent for allowing something built non-compliant within the flood zone. Blackwell — Asked for a two-week continuance. Staff The two most common waivers that might be applied would be long term net benefit, which this does not meet, and no adverse impact/no reasonable alternative. The applicant would have to prove why locating it outside the flood zone would not be a reasonable alternative. ,\lotion Continued for two weeks by unanimous consent. Voice vote N/A 7. *August Pointe, LLC — 7 Walsh Street & 8 Willard Street (42.4.1-55 & 55.1) SE48-3006 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — This is for the removal of two structures that straddle the line between two lots. He filed a NOI for a new building on the `Villard Street side. Public None Discussion (425) None Staff Have everything needed to close. ,\lotion Motion to Close. (made by: LaFleur) (seconded by: Golding) Voice vote Carried unanimously: Golding -aye; Erisman-aye; Bennett -aye; LaFleur-aye; Champoux-aye; Steinauer-aye; Topham -aye B. Amended Orders of Conditions 1. Steven L. Cohen, Trustee— 68/72 ,\Ionomoy Road (43 - 119&115) SE48-2803 (Cont 10/04/2017) III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Roanne Goldfein — 9 Pilgrim Road (41-216) (Cont 10/04/2017) 2. Brad L. & Lisa L Larson — 47 Madaket Road (41-323) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — This is to construct two new patios on an existing house outside the 25 - foot no -disturb zone. Patio to be a dry -laid bluestone patio with some leveling. The air-conditioning units will be moved to the small deck on the west elevation; a portion of the existing stone patio will be eliminated. Public None Discussion (4:27) Golding — He doesn't see justification for encroaching within 50 -feet. Bennett — In the past, we have allow these within the 50 -foot buffer. Staff They also asked for resource area confirmation; the flags were reviewed and confirmed. Recommend issuing as a Positive 2A confirming vegetated wetland 3-7 and Negative 3 for work in the buffer zone. Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Champoux) Voice vote Carried unanimously: Golding -aye; Erisman-aye; Bennett -aye; LaFleur-ave; Champoux-ave; Steinauer-ave; Topham -aye B. Minor Modifications 1. Bewkes, III — 73A Squam Road (13-11) SE48-2754 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is to add species control to a residential redevelopment project. They will use Rodeo® using best management practices; the herbicide applicator will be licensed. There are some individual stands and some groups of phragmites. Public None Discussion (4:34) Steinauer — Asked for photo monitoring to track the success of the project. Staff Recommend this be closed and issued. \lotion Motion to Close and Issue. (made by: Steinauer) (seconded by: LaFleur) Voice vote Carried 6-0: Golding -aye; Erisman-aye; Bennett -aye; LaFleur-ave; Stemauer-aye; Topham -aye (Champoux recused.) C. Orders of Condition 1. Nantucket Pond Coalition — Eastern Shore of Hummock Pond (81&85 -N/A) SE48-3004 Sitting Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Created both a positive and negative order of conditions. He hasn't encapsulated comments from the last hearing into the positive order. Discussion (4:38) Erisman — If vegetation has not grown in at a certain percent, it needs to be identified as a failure and they need to come in with a planting plan. Asked if there is anyone on Nantucket qualified to clean the ,\farsh Master when it goes from pond to pond. Staff — He watched an inspection of the - Marsh blaster; they- go over the cleaning protocol then look for any remaining plant material. He doesn't feel the Commonwealth does as good a job as some neighboring states to limit the transfer of aquatic material. Condition 29 will regulate cleaning the 'Marsh -Master. Page 2 of 4 Minutes for September 20. 2017. adopted Oct. 18 Champoux — Asked if there are plans for follow up after the initial treatment and having money held in escrow. Staff — Condition 19 requires providing a contract that covers the life of the permit, which is three rears. It's mirrored in Condition 33; if they extend after three years, the contract has to be extended. Erisman — .-Asked if the Commission can dictate this allows work only for Phase I; Phase II would require another NOI. Stated she still feels this should be denied. Bennett — Agrees with Ms Erisman on permitting Phase I only. Golding — Lack of regrowth of native species should be a basis for failure. He feels a denial would be more appropriate. He's uncomfortable with permitting Phase II before seeing the outcome of Phase I. Staff — If we do issue a denial, the discussion needs to be a comprehensive analysis of why- it can't be suitably conditioned, in the event of an appeal. If the concern is that Phase II is notpossible, he could remove the conditions and include Finding 3 that Phase I is all that is permitted under this Order and Phase II would require a new NOI; also he would want to include that the new finding would require information on all species using that area and the impact to their habitat. Bennett — lin approval should be only for Phase I. Phase I still allows spraying well up the pond_ Staff — Phase I ends past the Horse Pond before the Narrows. Condition 22 would regulate the use of glyphosate and herbicides. Champoux — Asked about the success criteria. We don't have any information on the revegetation. Staff — If our concern is that the native species won't effectively return within the life of the permit, he doesn't know how to condition that. Suggested setting a criterion that states if the area isn't showing a certain percentage of regrowth of native species within the life of the permit, a new application must be filed to address that. Champoux — He would think that after three years, there would be some evidence that a native community- is repopulating. Asked how a condition would be worded that the goal is to see the native community coming back. Erisman — Thinks the project will add to the issue of the algae blooms in the pond. Bennett — They haven't given us complete information on bio -organisms but now questions are coming up that weren't posed during the hearings. Erisman — We asked for a revegetation plan; it was never provided. Further discussion on the whether or not it is possible to condition the project to guarantee successful native species revegetation. Erisman — She has added all conditions she can think of and still would vote to deny-. Golding — He mirrors lIs Erisman. Staff — Added a Condition 26 that states that less than 50% of native species regrowth within two rears six months of the permit requires filing a new application to address that. Condition 31 requires applicant to meet with staff. Conditions 32-34 follow up the native species and habitat issues. Golding — Confirmed this is for Phase I only; he will support it. to tion Motion to Approve as amended. (made by: Champoux) (seconded by: Topham) Vote Carried 5-1: Golding -aye; Erisman-nay; Bennett -aye; LaFleur-aye; Champoux-aye; Topham -aye (Steinauer recused) 2. North Pond Trust — Tuckernuck Island (96-13) SE48-3000 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff He'll add Condition 19 requiring that material is stored outside the resource area. Discussion (5:23) Erisman — Asked it be conditioned that construction material be stored outside the resource area. Motion Motion to Approve as amended. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 3. August Pointe, LLC — 7 Walsh Street & 8 Willard Street (42.4.1-55 & 55.1) SE48-3006 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff No special conditions. Discussion (5:26) None Motion Motion to Approve. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously D. Extension Requests 1. Cumberland Farms, Inc. — 115 Orange Street (55-364) SE48-2709 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff None Discussion (5:28) Paul Santos, Nantucket Surveyors — They need to extend for one year to complete drainage and sewer improvements in Orange Street; that work is scheduled for October. Motion Motion to Approve a one-year extension. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 3 of 4 Minutes for September 20 2017 adopted Oct. 18 Other Business (536) 1. Approval of -Minutes 09/06/2017: adopted by unanimous consent. 2. Enforcement actions a. None 3. Reports: a. NP&EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Steinauer — He was at Polpis Harbor and noticed the sheep are back m the sheep pen; that permit was over three years ago. Staff — He will look into it. There is the outside chance that permit is still valid. b. Steinauer — The holly trees are starting to look good. Staff — We will get the yearly monitoring report soon. 5. Administrator/ Staff Reports a. (530) The drainage design for Consue Springs has been finalized; there is a movement by the Department of Public Works to increase the flood storage capacity of the area; that would result in the mechanical removal of the phragmites to create a larger basin for flood overflow. The permitting is in place for the culvert replacement and pond dredging. The removal of phragmites and planting of saltmarsh plants to control flooding would be the first such project to have a chance of success. There is a lot of wildlife that uses Consue Springs. Motion to adjourn: 5:40 p.m. Submitted by: Terry L. Norton Page 4 of 4