HomeMy WebLinkAbout2018-1-24Minutes for Tanuary 24, 2018, adopted Feb. 7
CONSERVATION COMMISSION
PUBLIC MEETING N A y U C K E I
2 Bathing Beach Road ,t. ( `'-3 N C L E P,.
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, January 24, 2018 2018 FEB -8 V1 8'
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 4:05 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker
Attending Members: Bennett, Erisman, Steinauer, Champoux, Topham
Absent Members: LaFleur, Golding
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
11. PUBLIC HEARING
A. Notice of Intent
1. Meisenbexg — 30 Wauwinet Road (20-18) SE48-3018 (cont to 2/7/18)
2. 12 North Road Trust —12 North Road (43-82) SE48-3022
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Kevin Dale, Vaughan, Dale, Hunter and Beaudette P.C. —There were questions about the pre -1978 structure's
status. Timeline is important; the bulkhead NOI was filed in April 1999, construction in summer 2002, and the
Certificate of Compliance issued in October 2002. In that time, the structure remained in its original location.
What happened after the bulkhead was permitted is irrelevant; the regulations say "no new bulkhead" will be
permitted. This NOI is to repair and maintain a pre-existing, grandfathered bulkhead. Owner received an order
of conditions for site improvements and new structures in 2004; that has been properly complied with. Asked
that the vote go forward to close this hearing at this time.
Public None
Discussion (4:08) Erisman — Condition 1 from 2001, failure to comply with all conditions is cause to revoke all or part of the
order. The trash behind the bulkhead is a violation of the order of conditions; she believes that part of the
certificate can be revoked.
Bennett — Pointed out that condos north of Great Harbor Yacht Club and along Brant Point have bulkheads
with post -1978 structures, which this commission allows to be maintained; it's pretty standard practice. He's
hesitant to deny maintenance.
Steinauer — If Department of Environmental Protection's (DEP) doesn't agree with our assessment, it'll end
up in court.
Erisman — The maintenance and nourishment components need to be followed carefully. Failure to comply
should result in removal of the bulkhead.
Dale — His client would agree to monitoring the nourishment conditions.
Discussion about what would be involved in issuing an enforcement action.
Dale — His client received an Enforcement Order in March 2017 and immediately looked into how to correct
that. Feels that issuing an enforcement order now for what was behind the bulkhead is not appropriate.
Erisman — Suggested fining whoever dumped the trash behind the bulkhead; behind the bulkhead is within
the resource area.
Steinauer — It wasn't in there long and has all been removed; wonders at how much damage was done.
Dale — This NOI provides a clearly defined set of actions moving forward; it spells out everything.
Staff In regards to the issue of constructing bulkheads then activity happening afterward, the DEP position is that if
it was legally installed, it is allowed to be maintained.
Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer)
Vote Carried unanimously
Page 1 of 6
2018, adopted Feb. 7
3. *R. Nomas & James R. Okonak Trustees — 20 & 23 Massachusetts Avenue (60.3.1-311 & 321) SE48-3044
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Docum --ntal ion Site and topographical plans, photos, requisite departmental reports and correspondence.
Repres ntati a David M. Haines, Haines Hydrogeologic Consulting — This is to abandon an existing septic system and
replace with a tight tank outside the coastal dune buffer zone but within land subject to coastal storm flowage.
The tank will go on 20 Massachusetts Avenue. Asking to be allowed to pump out the existing tanks and leach
pit and fill them with clean sand slurry. It might require putting down plywood on the dunes for access. All
disturbed areas will be seeded as appropriate. Waivers are required for work within 25 -feet of the coastal
dune.
Public None
Discus on (:25) Steinauer — Confirmed Audubon land does not abut either lot. Confirmed that the Health Department has
approved this.
Staff This is within the approved tight -tank district.
Have everything needed to close.
Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
4. Eel Point Beach, LLC —121 Eel Point Road (33-16) SE48-
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Docum -ntat Lon Site and topographical plans, photos, requisite departmental reports and correspondence.
Representati7e Art Gasbarro, Nantucket Engineering & Survey — This is to modify a zig-zag sand -drift fence to a Wilkinson
cloth -fiber array. Will follow all conditions on similarly permitted projects. Asked that it be two rows higher
than those within the Nantucket Harbor area due to the greater wave action. Have proposed and are seeking
permission for access along the beach through 40th Pole; the access area is subject to Massachusetts Natural
Heritage QvINH) so have also filed with them. Will ask for a continuance to hear from MNH.
Public None
Discus on (:32) Erisman — It looks like the sand comes up between the fence and the dune; asked if that would be excavated.
Gasbarro — He has monitored this area for a while; the beach level change can be dramatic. Explained how the
sand that is excavated will also be used for the array to preclude the need for new sand to be brought in. There
is a lot of wind-blown deposits in this area; however that isn't as compacted as glacial deposits. A similar array
was permitted and installed at 141 Eel Point Road.
Staff Still waiting for a file number
Motion Continued two weeks by unanimous consent.
Vote N/A
5. 'Bra idt — 4 Ames Ave (60-135) SE48-3046
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Docum nta on Site and topographical plans, photos, requisite departmental reports and correspondence.
Represe atatii re David M. Haines, Haines Hydrogeologic Consulting — This is to relocate the house and install a tight tank.
The existing septic has been removed. The new location is mostly outside the buffer zone; if ZBA grants relief
from the setback, the house can be placed completely outside the buffer zone. The tight tank is outside the
buffer zone. All that would remain within the buffer is a deck on piers. Everything not necessary will be
removed from the buffer zone and disturbed areas appropriately replanted.
Public None
Discus n ( :47) None
Staff The buffer zone for an eroding bank is 20 times the erosion rate or 100 feet, whichever is less. He will reach
out to the ZBA administrator to inform her ConCom supports this move.
Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: Topham)
Vote Carried unanimously
6. Sias onset Beach Preservation Fund — 59-119 Baxter Road (49;48 -various) SE48- (cont to 2/21/18)
7. lint Hills Partners, LLC — 74 West Chester Street (41-478) SE48-3017
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Represe atative Paul Santos, Nantucket Surveyors — This is to complete work in which the existing order expired before work
met compliance. The intent is to complete the work per the original order except: keep the three Russian olives
and keep the 860 square feet (SF) of gravel driveway in place with 2:1 replication for mitigation and an increase
of the vegetative buffer at the back.
Public None
Discuss Dn (4 52) Champoux — Had the original NOI come in requesting the driveway remain in place, he believes it would
have passed muster at that time.
Steinauer — Would like to see the finalized plans before closing.
Staff This proposal is very much in keeping with the performance standards.
Motion Continued two weeks by unanimous consent.
Vote I N/A
Page 2 of 6
Minutes for January 24, 2018, adopted Feb. 7
B. Amended Orders of Conditions
1. Steven L. Cohen, Trustee — 68/72 Monomoy Road (43-119&115) SE48-2803
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey — This amendment is to convert the proposed 2 -story studio
into a 1 -story zoning shed with an at -grade deck and to construct an elevated walkway and fill in the two at -
grade walkways. Another aspect is to finalize the landscape design.
Public None
Discussion (5:06) Erisman — Confirmed that any knotweed would be eliminated and replaced with American beach grass.
Within the 50 -foot buffer for any resource area, only native species should be planted; the plan at the table
proposes cultivars.
Gasbarro — He'll get a revised planting plan to Mr. Carlson.
Staff Confirmed the condition that no cultivars are to be used within the buffer zones. The additional condition will
be applied when we close the amendment. Recommend this be closed and issued with the new condition.
Motion Motion to Close and Issue with submittal of revised planting plan. (made by: Steinauer) (seconded by:
Champoux)
Vote Carried unanimously
2. Irwin — 87 Hummock Pond Road (56-310.1) SE48-2352
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Assoc. — This amendment is to move a shed currently with zero setback to a
wetland to 26 feet setback from the wetland. Proposing that the disturbed area be planted with a swamp maple.
The septic tank is being abandoned in favor of hooking to Town sewer.
Public None
Discussion (5:18) None
Staff This required a lot of waivers; those were granted under no adverse impact/no reasonable alternative based
upon the structures that are in place; any revision to waivers to move the building is already in place.
Recommend this be closed and issued.
Motion Motion to Close and Issue. (made by: Topham) (seconded by: Steinauer)
Vote Carried unanimously
III. PUBLIC MEETING
A. Requests for Determination of Applicability
1. Elder — 42 Liberty Street (42.3.4-122) (cont to 2/7/2018)
2. Martha L. Berman Qualified Personal Residence Trust — 249 Polpis Road (26-26.1)
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & Assoc. — Project is to upgrade an existing septic within Nantucket Harbor
Watershed District; it is within existing driveway area.
Public None
Discussion (5:24) None
Staff Recommend issue as a Positive 2A confirming the resource area and Negative 3 for work in buffer zone.
Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Erisman)
Vote Carried unanimously
3. Thomas B. Kilbourne & Elizabeth Westergaard —1 South Cambridge Street (59.4-132.1)
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental — This is for a shed outside the resource areas and to confirm an
additional resource, land subject to coastal storm flowage. The shed will be on sonotubes with minimal
regrading. No work is within the resource areas. They confirmed presence of wetlands; vegetation is
predominantly upland vegetation. There is an isolated vegetated wetland on the property but the work is
outside the buffer for that.
Public None
Discussion (5:27) None
Staff Recommend issue as a Positive 2A confirming land subject to coastal storm flowage and Negative 4 for no
work in the resource area.
Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
Page 3 of 6
Minutes for lanuary 24.2018. adopted Feb. 7
4. 32 West Chester Nominee Trust — 32 West Chester Street (42.4.3-51)
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Docurn cntation Site and topographical plans, photos, requisite departmental reports and correspondence.
Repres(ntative Brian Madden, LEC Environmental — This is to confirm that no resource areas exist on the subject property.
A drainage ditch has been within the right of way of Wesco Place since at least the early 1970s.
Public Margo Montgomery, 33 North Liberty Street — Confirmed water issues resulting from rain events;
recommends that any structure not have much of a foundation.
Don Bracken, Bracken Engineering, Inc. — He met out there with the Department of Public Works (DPW) to
figure out the drainage problem. They noted there is a broken pipe. Also DPW is looking to find and open a
couple of culverts that are supposed to exist.
Discus on ( :30) None
Staff Constructed drainage facilities don't qualify under our jurisdiction. He walked the site and augered a couple of
holes but didn't pick up any significant hydric soils. Recommend issue as a Positive 2 confirming boundaries.
Motion Motion to Issue as recommended. (made by: Champoux) (seconded by: Steinauer)
Vote Carried unanimously
B. Minor Modifications
1. Joan D. Pratel Nantucket Trust —12 North Liberty Street (42.3.4-171) SE48-2963
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Docum nta on Site and topographical plans, photos, requisite departmental reports and correspondence.
Representati7e Brian Madden, LEC Environmental — The modification is to show the invasive species management area; he
included the plan. The management area will ultimately be restored.
Public None
Discuss on (5:41) None
Staff Recommend approval as a minor modification.
Motion Motion to Approve as a Minor Modification. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
2. Watt is Edge N.T. —16 Medouie Creek Road (20-26) SE48-2577
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Docum ntat.on Site and topographical plans, photos, requisite departmental reports and correspondence.
Repres tati a Art Gasbarro, Nantucket Engineering & Survey — This is to change the footprint for the approved structure.
The swimming pool won't be built in the previously approved location; the plan shows its the new location. All
structures are outside the 50 -foot buffer.
Public None
Discus on (:44) Champoux — Noted that the pool fence is shown to be partially within the 50 -foot buffer.
Gasbarro — He can accept a condition that the fence be outside or hold this for the revised plans. The
additional cleared area is outside the 50 -foot buffer.
Staff The MNH line is not jurisdictional for regulating activity.
Recommend approval as a minor modification with conditions
Motion' Motion to Approve as a Minor Modification with the condition that the fence be entirely outside the
50 -foot buffer. (made by: Steinauer) (seconded by: Erisman)
Vote Carried unanimously
C. ertfficates of Compliance
1. ip and Sea Trust —10 North Road (43-81) SE48-2869
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff For site redevelopment. Everything is in accordance with the plan. Other stuff taking place are on a separate
permit. One on-going condition is for the pool to be discharged outside our area of jurisdiction
Discuss on (:51) None
Motion Motion to Issue with the on-going condition. (made by: Champoux) (seconded by: Steinauer)
Vote Carried unanimously
2. plan — 8 Harbor View Way (42.4.1-28) SE48-2873
Sitting Erisman (acting chair), Steinauer, Champoux, Topham
Staff I Elevating existing structure. Recommend this be issued.
Discuss n (5:52) None
Motion Motion to Issue. (made by: Champoux) (seconded by: Steinauer)
Vote Carried 4-0//Bennett recused
3. Voo Istock Beach Property, LLC —101 Cliff Road (30-626) NAN-121
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff This is constructed in compliance.
Discuss n ( 53) None
Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
Page 4 of 6
Minutes for lanuary 24.2018. adopted Feb. 7
4. A&B Realty Trust — 53 & 55 Baxter Road (49-17&18)SE48-2879
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff This is separate from an order relating to the path. This is in compliance.
Discussion (5:53) None
Motion Motion to Issue. (made by: Champoux) (seconded by: Topham)
Vote Carried unanimously
D. Orders of Condition
1. Flint Hills Partners, LLC — 74 West Chester St (41-478) SE48-3017
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff He told them they had to get the restoration area close to the total area of disturbance.
Discussion (5:54) Erisman — Asked for a survival percentage plan on this.
Steinauer — This needs to have some sort of monitoring.
Motion Continued two weeks by unanimous consent.
Vote N/A
2. 12 North Road Trust —12 North Road (43-82) SE48-3022
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Nourishment will be memorialized in the order. We issued the enforcement order, they responded
immediately, and we visited the site; it took time to get the NOI put together. They struggle with the fact that
the conditions under which the permit was issued changed but the on-going conditions were still required to be
adhered to. Suggested moving forward with strict failure criteria. Should include a finding in the order that
special conditions relate to nourishment and should be called out as on-going.
Discussion (6:00) Kevin Dale, Vaughan, Dale, Hunter and Beaudette P.C. — Asked no vote be taken until February 21, 2018.
Champoux — Need a nourishment plan.
Motion Continued to February 21, 2018 by unanimous consent
Vote N/A
3. R. Thomas & James R. Okonak Trustees — 20 & 23 Massachusetts Avenue (60.3.1-311 & 321)SE48-3044
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff For the tight tank.
Discussion (6:06) Steinauer — Pretty straight forward.
Motion Motion to Approve. (made by: Champoux) (seconded by: Steinauer)
Vote Carried unanimously
4. Brandt — 4 Ames Ave (60-135) SE48-3046
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Staff Relocation of the house and tight tank. Just asked for photos of the restored areas. The structure is located
outside the 100 -foot setback. Reiterated that the buffer for an eroding back is 20 times the erosion rate or 100
feet, whichever is the minimum. Noted the commission can't predicatively regulate outside the 100 feet.
Discussion (6:07) Erisman — She doesn't think a foundation is appropriate.
Motion Motion to Approve as drafted. (made by: Steinauer) (seconded by: Champoux)
Vote Carried 4-1//Erisman opposed
E. Monitoring Reports
1. Pocomo Neighbors — 47, 53, 55, 57, 61, 63, 67, and 69 Pocomo Road SE48-2874
Sitting Bennett, Erisman, Steinauer, Champoux, Topham
Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — This was installed last winter; he's been visiting the
site regularly to check the growth. In his opinion, the project was done in compliance. Did pre -construction
survey, set benchmarks for elevation, staked out and maintained limit of work and high water line, the owner's
project manager was on site every day, the crew was mindful of the resource areas. The irrigation is seasonal;-
the
easonal;the new plantings rely on that irrigation to take root and stabilize the bank; there is no evidence that the
irrigation is causing any adverse impact. Winter Storm Grayson actually seemed to help the situation. He
doesn't see a need for additional sand at this time. Reviewed aspects to monitor going forward to ensure
erosion is halted.
Staff The Certificate of compliance was issued for an adjacent project, which shows the success of the structure.
Noted a small chunk of coir landed on the beach, but he's not sure where it came from. Suggested establishing
a monitoring program for irrigation to have a mechanism to know when to tum it off.
Discussion (6:10) Champoux — Agrees with Mr. Gasbarro in regards to irrigation; it should last a year or two to ensure the
plants will survive.
Page 5 of 6
Minutes for Tanuary 24.201
F.Other Business
1.Approval of Minutes 01/10/2018: adopted by unanimous consent.
2. Enforcement Actions
a. None
3. eports:
a. N &EDC, Bennett: nothing
b. Msquito Control Committee, Erisman: nothing
4. Commissioners Comment
None
5. dministrator/Staff Reports
None
oti n to�Adjourn: 6:16 p.m.
Terry
Page 6 of 6