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HomeMy WebLinkAbout2018-2-22Minutes for February 7 2018 adopted Feb. 21 CONSERVATION COMMISSION,., L -r 11 PUBLIC MEETING T U� �. 1 TOWN CLERK 2 Bathing Beach Road Nantucket, Massachusetts 02554 w11ww.nantucket-ma.gov 201! FEB 22 AM 8' 17 Wednesday, February 7, 2018 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 4:04 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Absent Members: Erisman Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements B. Public Comment — None II. PUBLIC HEARING A. Notice of Intent 1. Mary D. Starr -19 East Creek Road (55-60) SE48-2985 (Cont 02/21/2018) 2. Meisenberg — 30 Wauwinet Road (20-18) SE48-3018 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is to upgrade an on-site septic to I/A within Nantucket Harbor Watershed District: add a second -compartment tank and septi -tech processor. Work is proposed outside the 25 -foot buffer in previously disturbed areas. This work is to comply with Health Department Regulation 64. The hearing was continued to attend to non -permitted work; we wish to proceed with this as applied for and apply a separate NOI for the unpermitted work. Rhoda Weinman — The Health Department has placed a time limit upon when the septic work should be completed; that is why they wish to move forward with that at this time. Public None Discussion (4:05) None Staff He spoke to the Director of the Health Department about the concern to rectify the septic issue. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 3. Flint Hills Partners, LLC — 74 West Chester Street (41-478) SE48-3017 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — At the last meeting they came to a resolution to bring this to a close. Reviewed the application. They are in compliance with the original order except for keeping the original driveway. Ratio will be 1:1 replication to counter the driveway. Invasive species will be removed and replanted with native brush as a buffer to the wetland. Public None Discussion (4:11) Champoux — Asked if there is an on-going invasive maintenance proposed with this. Staff Continued invasive maintenance could be conditioned. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 1of5 I Minutes for February 7 2018 adopted Feb 21 4. Eel Point Beach, LLC —121 Eel Point (33-16) SE48-3048 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Docum 2ntalon Site and topographical plans, photos, requisite departmental reports and correspondence. Repres to a Art Gasbarro, Nantucket Engineering & Survey — Requested a continuance to hear from Massachusetts Natural Heritage (NNH). Public None Discuss on ( :16) None Staff None Motion Continued two weeks by unanimous consent. Vote N/A 5. *Su ains Point Nominee Trust — 260 Polpis Road (25-1) SE48-3047 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Docum nta on Site and topographical plans, photos, requisite departmental reports and correspondence. Represe ntatie Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — There is for a private bridge that crosses a tidal creek; in the past, no one every picked up that there would be Chapter 91 issues with this. This application is to address those issues, particularly public access on Millbrook Creek around the bridge. Jeff Blackwell, Blackwell & Assoc. Explained the proposed access. Jack Vaccaro, Epsilon Associates, Inc. Public None Discuss on (:17) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 6. *Mi idle Slip, LLC — Old North Wharf (42.3.1-225.1) SE48-3050 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Docum ntat on Site and topographical plans, photos, requisite departmental reports and correspondence. Represe -itatil re Art Gasbarro, Nantucket Engineering & Survey — This is to relocate a cluster of pilings 12 feet to seaward; work will be done from a barge; another aspect is to run utility service cable under the existing dock; doing that will require the stringers to be cut for running the cable. Public None Discus si on (4:22) Discussion about whether or not a silt curtain will be necessary around the work area. Staff That area is closed to shellfishing. Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 7. *Ca Neilson — 90 Baxter Road (49-5) SE48-3049 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Docum nta i n Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — The wetland boundary delineation was drastically different when the property was initially developed in 1994; the lawn is now closer to the wetland. First is to abandon 136 square feet (SF) of existing lawn to create a buffer that will then be revegetated; second is to construct a porch around the structure within the 50 -foot setback on the eastern side. Explained the construction of the porch. Public Emily Molden, Nantucket Land Council — She's curious about the justification for the waiver will it be no adverse impact or no reasonable alternative. Concerned also about setting a precedent by permitting habitat replication to allow a structural component; the structure tends to last longer than the replication area. Discuss n (4 26) Golding — Asked how much lawn accretion took place since 1994. Does not want any fertilizer used within 50 feet of the wetland. Steinauer — Asked for a fence along the edge of the wetland to prevent expansion of the lawn. Within the buffer area, it would be better if the lawn allowed to be naturally replaced by brush with the planting of new brush rather than trying to remove the lawn. Champoux — The cantilevered section should not be permitted to extend over the 50 -foot buffer, appreciates the 8:1 replication ratio but doesn't want to set a precedent. Blackwell — The waiver is justified by enhancement of the buffer. Installation of a split -rail fence would help guide landscaping crews. Golding — Suggested approving this with monitoring requirements. Staff Aerials indicated that the lawn edge has moved back and forth over time. This could be conditioned with a permanent marker for the wetland buffer to be installed prior to construction. Typically on waivers, we've broken them up into separate activities, one for no adverse impact and one for no reasonable alternative. Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Topham) Vote I Carried unanimously Page 2 of 5 Minutes for February 7 2018 adopted Feb. 21 8. *Greenhound, LLC —10 Washington Street (42.3.1-142) SE48-3051 Sitting Bennett, 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 construction of a roof overhang on the bus station within land subject to coastal storm flowage. The roof system would be elevated supported by four posts. Public None Discussion (4:41) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Elder — 42 Liberty Street (42.3.4-122) Sitting Bennett, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports, correspondence and pertinent regulations. Representative Rebecca Weissman, SWCA, Inc — The wetland delineation was reviewed in October 2017. With Mr. Morrison, they did a number of soil test plots and agreed on a revised wetland boundary based on hydrology and hydric soils; detailed the revised boundary. Another question brought up was how to regulate the wetland: bordering vegetated wetland or isolated vegetated wetland. The question remains whether or not this wetland is connected to another wetland resource area. Without being able to test soils on the abutting properties, she can't determine whether it's bordering or isolated. Asked what the steps moving forward would be. Public Scott Morrison, EcoTec, Inc., for 2 Brocks Court — They agree the shallow Swale doesn't constitute a defined channel in the ground. Agree the information supplied doesn't conclude this wetland is connected to other areas. There were questions about the soil profiles. Massachusetts Department of Environmental Protection (DEP) has different requirements than the Town of Nantucket in defining a wetland. Most hydrology observations were taken well outside the growing season so are not indicative of seasonally high ground water. It sounds like the commission is leaning toward the wetland under the local bylaw. Arthur J. Heath, for 2 Brocks Court — No one can conclusively say this is a bordering vegetated wetland; the connections are conjectural and there is no case for wetland vegetation on the site. The State and Local rules require readings to be done during the growing season, which has not been done. Cited the bylaws and regulations. This is an abstract application on a house with no proposed work; questions if this application serves the purpose of the interests under the bylaws. The overall effect of this RDA is the impact on the property values of the adjacent properties. Marsha Fader — Asked if additional information came available would this be modified or a new RDA filed. Discussion (4:44) Champoux — The only way we'll know if this is isolated or bordering is to test the abutting properties. Steinauer — This is a soggy area with a lot of wetland plants in the yard. Water storage seems to be the biggest purpose here. Bennett — Everyone has the right to get a wetland determination on their property. Staff There are a few option when dealing with jurisdictional questions; the first and foremost is at least to determine an area of jurisdiction on this particular locus. The local regulation would still trigger the filing of an NOI within 100 feet. Talked to the Department of Public Works Director about and clarified the regulations around which data form is to be used to make a determination. The information supports only that this is a locally jurisdictional isolated vegetated wetland. If new information comes forward, it would be more appropriate to file a new RDA. Recommend this be issued as a Positive 2A confirming the resource area. Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by. Topham) Vote Carried 5-0//Golding recused B. Minor Modifications 1. Madaket Wheelhouse, LLC —13 Massachusetts Avenue (60-75) SE48-2893 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is for work within buffer to a coastal dune and land subject to coastal storm flowage; the changes include adjusting the cottage to conform with zoning setback and the main house to comply with the flood zone level. Public None Discussion (5:10) None Staff Recommend this be issued as a minor modification. Motion Motion to Issue as a minor modification. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously Page 3 of 5 Minutes for February 7 2018 adopted Feb 21 2. ug%st Point, LLC — 8 Willard Street (42.4.1-55.1) SE48-3013 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Docum -ntation Site and topographical plans, photos, requisite departmental reports and correspondence. Represt ntative Jeff Blackwell, Blackwell & Assoc. — All utilities and mechanicals must be raised above the flood zone so they are enclosing additional space for a mechanicals' room and adding a porch to house the air-conditioning units. This is within land subject to coastal storm flowage. Public None Discuss on ( :13) None Staff Recommend this be issued as a minor modification. Motion Motion to Issue as a minor modification. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously C. Celcates of Compliance 1. A & Realty Trust — 53 & 55 Baxter Road (49-17 & 18) SE48-2941 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff For alteration of a path and associated site work. It's in compliance. Discuss on ( :16) None Motion Motion to Issue. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously 2. Dffsiore Beachside Limited Partnership — 30 North Beach Street (29-130) SE48-1959 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff For construction of an employee dormitory. It's in compliance. Discus on (:27) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 3. 13 M onomoy, LLC — 7 Hinckley Lane Qohn Adams Way) (30-170.1 portion) NAN-107 Reissue Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff They need to get this recorded on the second certification. Discuss on (:17) None Motion Motion to Re -issue. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously D. rdo rs of Condition 1. Meilenberg — 30 Wauwinet Road (20-18) SE48-3018 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Additional Finding Nr 2 references applying for the removal of the additional shed. Discussion (5 18) None Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 2. Flin Hills Partners, LLC — 74 West Chester Street (41-478) SE48-3017 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Attached the normal invasive species protocol. Will change Condition 22 about removal of plant material Condition 19 requires an estimate for the work and providing a performance bond to ensure the work occurs. Motion Vote 3. Sitting Staff Motion Vote 4. Sitting Staff Discuss: Motion Vote (5:20) Golding — Wants to be clear that this case is not to be referenced as a precedent Champoux — The question should be: if this proposal had come in originally as proposed here, would it have been approved; he believes the answer is yes. Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Carried 5-1//Golding opposed ai s Point Nominee Trust — 260 Polpis Road (25-1) SE48-3047 Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Couldn't think of any special conditions. (5:25) None Motion to Issue as drafted. (made by: Champoux) (seconded by: Steinauer) Carried unanimously Idle Slip, LLC — Old North Wharf (42.3.1-225.1) SE48-3050 Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Included Condition 19 about location of the silt curtain. (5 26) None Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur) Carried unanimously Page 4of5 Minutes for February 7 2018 adopted Feb. 21 5. Carl Neilson — 90 Baxter Road (49-5) SE48-304 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Will change Condition 23 to include permanent markers along the edge of the permitted lawn. Condition 21 states no fertilizer is allowed within ConCom's area of jurisdiction. A Finding will need a typographical correction. He feels it's important to distinguish that structures do not have a long-term net benefit. Discussion (5:27) None Motion Motion to Issue as amended. (made by: Golding) (seconded by: LaFleur) Vote Carried unanimously 6. Greenhound, LLC —10 Washington Street (42.3.1-142) SE48-3051 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff Couldn't think of any special conditions. Discussion (5:30) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously E. Extension Requests 1. 12 Oak Hollow Nominee Trust —12 Oak Hollow Lane (56-128) NAN-115 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is for residential development of the property. The order will expire before work is completed. Asking for three 1 -year extensions. Discussion (5:31) None Motion Motion to Approve three 1 -year extensions. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously F. Other Business 1. Approval of Minutes 01/24/2018: Approved by unanimous consent. 2. Enforcement Actions a. None 3. Reports: a. CPC, Golding — Ken Beaugrand, chair, asked for ConCom to encourage applications for the open space category; CPC has the most funding available in this area due to the lack of applications. b. NP&EDC, Bennett — None 4. Commissioners Comment a. None 5. Administrator/Staff Reports a. Mr. Carlson will not be at the next meeting. b. Hopefully he will soon have the 3rd -party review of the `Sconset Beach Preservation Foundation annual report. Motion to Adjourn: 5:35 p.m. Submitted by: Terry L. Norton Page 5of5