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Home My WebLink About2018-1-10Minutes for Januar- 10, 2018, adopted Jan. 24 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www. nantucket-ma.gov Wednesday, January 10, 2018 4 Fairgrounds Road, Training Room — 4:00 p.m. Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, Ben Champoux, Ian Golding, Joe Topham David LaFleur, Called to order at 4:02 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator;Joanne Dodd, Natural Resources Office Administrator; Terry Norton, Town Minutes Taker co —1 Z Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham �' Absent Members: None A Late Arrivals: None z z► ._.! Earlier Departure: None . C Agenda adopted by unanimous consent r n *Matter has not been heard 3 M I. PUBLIC MEETING A. Announcements N' _ B. Public Comment — None I1. PUBLIC HEARING A. Notice of Intent 1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 Cont (02/7/2018) 2. Flint Hills Partners, LLC — 74 West Chester St (41-478) SE48-3017 Cont (01/24/2018) 3. Meisenberg — 30 Wauwinet Road (20-18) SE48-3018 Cont (01/24/2018) 4. 12 North Road Trust —12 North Road (43-82) SE48-3022 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and permits, and correspondence. Representative Bryan Swain, Vaughan, Dale, Hunter and Beaudette, P.C. Stan Humphries, LEC Environmental — At the last hearing, there was discussion about the debris behind the bulkhead; Mr. Wilkinson's company has been working to remove it. Also had discussion about beach nourishment; supplied a letter about that. Lastly was whether or not the groins had a Chapter 91 license. Seth Wilkinson, Wilkinson Environmental — The debris was removed by hand and walked out and stored out of the buffer area. They found it was mostly rock with some material that had washed in. Public Cormac Collier, Executive Director Nantucket Land Council — The bylaw says not just pre -1978 dwellings but anything that was substantially improved. We are going to be talking about that a lot in the future. Discussion (4:09) Champoux — If all that stuff was there, there was little effort to clarify that. Humphries — His letter addresses concerns about too much nourishment and sand being washed out smothering eel -grass beds. Nourishment will be about 30 cubic yards a year. Golding — At the last hearing, he asked why the building was deserving of protection and how much was original. He did some research and according to Building Department records, none of the original structure remains as of 2003; submitted Building Department records into the record at the table. Feels there should not be any additional work done on this coastal engineering structure (CES). Bennett — It is not uncommon for newer houses to have bulkheads in front of them; cited Brant Point as an example where original houses were removed and new structures built while the bulkhead remains. Champoux — The bulkhead was built to protect a pre -1978 house. Asked if there is any framework for the bulkhead to have staying power since it was built within the regulations. Erisman — This fell into disrepair and they are asking to rebuild a structure that essentially no longer exists. Discussion about whether or not the original bulkhead was built with ConCom approval and whether or not the rebuild should be allowed now that the structure is no longer qualifies for pre -1978 protection. Erisman — At the last meeting, we learned that no nourishment had been provided and that was part of the original permit. This CES was not properly maintained. Champoux — We need to discuss what is memorialized; they are all over the island. Steinauer — Asked staff to check with Town Counsel about rulings in regards to pre -1978 structures. Erisman — We need to have failure criteria; if it isn't being maintained, it should come out. Shwain — Asked this be continued to allow him to look into the protective status of the house. Staff Felt the removal of debris activity was covered under the enforcement order. The materials provided make it unclear whether or not the dwelling is pre -1978. Motion Continued to Jan 24, 2018 by unanimous consent. Vote N/A Page 1 of 4 Minutes for lanuary 10. 2018. adopted Tan. 24 5. *Ka y Gallaher Revocable Trust — 2 Horn Beam Road (21-118.5) SE48-3045 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentati on Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — This is for SeptiTec pump chamber upgrade outside 100 -foot buffer, the leach field is north of the cottage. It is outside Massachusetts Natural Heritage jurisdiction. Public None Discussion (4:06) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 6. *R. omas & James R. Okonak Trustees — 20 & 23 Massachusetts Avenue (60.3.1-311 & 321)SE48-3044 Cont (01/ 4/2018) B. Am ded Orders of Conditions 1. Step en Cohen, Trustee — 68/72 Monomoy Road (43-119&115) SE48-2803 Cont (01/24/2018) I11. PU LIC MEETING A. Reqi tests for Determination of Applicability 1. Elde — 42 Liberty Street (42.3.4-122) Cont (01/24/2018) 2. "ch rd & Jo Ann Gerstman — 22 Massachusetts Avenue (60.3.1-116) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Docum intat on Site and topographical plans, photos, requisite departmental reports and correspondence. Represe itative Art Gasbarro, Nantucket Engineering & Survey — This is for work within the buffer for a coastal dune to replace a failed septic and leach pit with a tight tank. All work is outside the 25 -foot buffer. Public None Discussion ( 29) None Staff Recommend as a Positive 2A confirming the resource area and Negative 2 allowing work in the buffer. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by. Champoux) Vote Carried unanimously 3. Alisc n K. Foxsgren & William Lemay — 51B & 53 Madaket Road (41-325.1) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentat on Site and topographical plans, photos, requisite departmental reports and correspondence. Representati a Alison Forsgren, owner Public None Discussion (:31) None Staff David Haines confirmed the boundaries. Recommend as a Positive 2A confirming the resource area Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 4. Two own One To Go, LLC — 21 Pilgrim Road (41-213) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Docum ntat on Site and topographical plans, photos, requisite departmental reports and correspondence. Repres ntati a Art Gasbarro, Nantucket Engineering & Survey — This is for construction of a subdivision road on the opposite side of an existing road from an approved isolated vegetated wetland and outside 25 -foot buffer. Sewer and water will run under the road. Public None Discussion ( :32) None Staff Recommend as a Negative 3. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously B. in r Modifications 1. 15'Washington Street Extension, LLC —115 Washington Street (55.1..4-39) SE48-2996 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Docurn to on Site and topographical plans, photos, requisite departmental reports and correspondence. Repres tati a Brian Madden, LEC Environmental — This is to add onto the plan the elevation of the lower structural members for first floor. Reviewed the project. Discus on (:35) None Staff Recommend this be approved as a Minor modification. Motion Motion to Approve as a Minor Modification. (made by. Steinauer) (seconded by: Topham) Vote Carried unanimously Page 2of4 Minutes for January 10 2018 adopted Jan. 24 2. Sykes — 63 North Liberty Street (41-144) SE48-2911 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Discussion (4:37) None Staff This is for refinement of the landscape design to include a spa and a firepit. Recommend this be approved as a Minor Modification. Motion Motion to Approve as a Minor Modification. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously C. Certificates of Compliance 1. Fisher — 5 North Beach Street (42.4.1-92) SE48-2951 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was for raising and construction of existing home. It is in compliance with little grade change. Recommend it be issued. Discussion (4:39) None Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 2. Alderson — 8 High Brush Path (56-370) SE48-2891 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was to redevelop a single-family structure. It is in compliance. Recommend it be issued. Discussion (4:40) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 3. Lloyd Arnold —11 E Street (60.2.1-1,2,3,4) SE48-1053 4. Bertha G. Arnold —11 E Street (60.2.1-3,4) SE48-761 5. Lloyd Arnold —11 E Street (60.2.1-4) SE48-2706 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff One was for work on the dwellings, one for work on a back deck, and one for installation of a septic. They are closing out the permit. All are in compliance. Discussion (4:41) None Motion Motion to Issue SE48-1053, SE48-761, and SE48-2706. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 6. Mone Ananthan, III — 84 Pocomo Road (15-40) SE48-586 7. Mone Ananthan, III — 84 Pocomo Road (15-40) SE48-2685 8. Mone Ananthan, III — 84 Pocomo Road (15-40) SE48-3012 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff We are invalidating the drift fence permit. Discussion (4:44) Art Gasbarro, Nantucket Engineering & Survey — Work was for replacement of beach access stairs, removal of unpermitted terraces, and a drift fence which was not installed. Motion Motion to Issue SE48-586, SE48-2685, and SE48-3012. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 9. Sniderman — 8 Caroline Way (82-27) SE48-2444 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was for moving a structure, which is not being done. Discussion (4:46) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously D. Orders of Condition 1. Nantucket Islands Land Bank —17 Commercial Wharf & Unnumbered Lot New Whale Street (42.2.4-7 & 8) SE48-2885 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Will add Finding Nr 2 about the footprint and wall of the structure predating the Wetland Protection Act. Monitoring of dredging is conditioned as recommended by the applicant. Condition 22 addresses docks not resting on bottom in the event of lowering of water level. Discussion (4:47) None Motion Motion to Issue as amended. (made by: Golding) (seconded by: Steinauer) Vote Carried unanimously 2. Powers Revocable Trust —164 Hummock Pond Road (65-13.1) SE48-303 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Reviewed included conditions: monitoring, lighting, fertilizer, and annual report. Will scratch Condition 22, which is not applicable. Reviewed the Findings. Will add Condition 23 about any future installation or upgrade of the septic must meet maximum feasible compliance and any new structures or modifications to existing structures will require a septic upgrade. Will add Finding 6 about replacing the previously shown wetland. Page 3 of 4 10, 2018, adopted Jan. 24 Discus on (:52) Discussion about whether or not Condition 23 should include a small structure like a shed. Steinauer — Suggested stating the sewer is not adequate for any future development. Erisman — The restoration area was also for mitigation; wants that memorialized. Golding — There had been concerns about use of fertilizer and pesticides. Motion i, Motion to Issue as amended. (made by: Golding) (seconded by: Topham) Vote Carried unanimously 3. Lath y Gallaher Revocable Trust - 2 Horn Beam Road(21-118.5) SE48-3045 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is a pretty simple permit. Discus ion (:10) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 4. Am( Id —11 E Street (60.2.1- 1,2,3,4) SE48-1053 Reissue 5. Am( Id —11 E Street (60.2.1- 4) SE48-2706 Reissue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff These need to be recorded. Discussion (:11) None Motion Motion to Reissue SE48-1053 and SE48-2706. (made by: LaFleur) (seconded by: Champoux) VoteI! Carried unanimously E. Extt nsion Requests 1. Bennett — 22 Lily Street (42.4.3-91) SE48-2760 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Staff This was for to construct a raise porch within buffer. Work was started but won't finish in time. Discussion (:12) None Motion Motion to Issue one 1 -year extension. (made by: Champoux) (seconded by. Steinauer) Vote Carried 6-0//Topham recused F. Otho r Business 1. Appi oval of Minutes 12/20/2017: approved by unanimous consent 2. Enfc rcement Actions a. Ei iory, Madaket Sitting i Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is to permit the removal the stilt house. They can't get an emergency removal; they'll be back with an NOI Discus ion (:13) None Motion Motion to Ratify the Enforcement Order. (made by Golding) (seconded by: Erisman) VoteCarried unanimously 3.Lorts: 4. IlComlmissioners Comment 5. Ad istrator/Staff Reports a. Ul idate on `Sconset Beach Preservation Fund: they filed an NOI to expand the existing geo-tube structure north and so ith. They did not provide property -owner content; the NOI application has therefore been rejected due to not being co mplete. It will be back. He went out there during the storm; directly to the south by Weimar's structure, the wash was o r the top of the geotubes and it took a lot of damage. If the commission wants, he will schedule special meetings for th se hearings after the initial hearing. b. C astrophic sewer failure: the break was discovered around 8 p.m. on Thursday January 4 in the area of Walters. Most of the damage was outside Cooke's Cycles on South Beach Street. The Department of Environmental Protection P) preferred course of action was to tum off the pump and give it somewhere to go and discharge through another o fall. Friday January 5 the repair crew was mobilized to construct a bypass in the other force main and screen the of luent into as few discharge points as possible. By the end of Saturday January 6, all flow into the harbor was stopped. A subcontractor is decontaminating all the affected areas with bleach. South Beach Street is undermined and will be closed for the indefinite future for repair and to reverse engineer what happened, and if there is a possibility for ad fitional breaks. South Beach Street contains the two mainland power cables, a fiber optic cable, a water main, a 20 - inch sewer force main, and abandoned gas lines. Natural Resources is taking daily water samples from all outfall points; to ting includes: nitrogen sweeps, bacterial analysis, prescription medications, heavy metals, and fecal matter. His staff be doing sediment testing in various areas as well and get someone to look at any sediment that might have settled. Some dredging might have to be done for harbor clean up. The Town has contracted an independent engineering company to spec out what went wrong. If this had happened in July, the predicted flow would have been 8 million ons. Discussion about water usage and flushing non-flushable items. Moti n toAdjourn: 5:38 p.m. Sub tted by: Te L.. rton Paee 4 of 4