HomeMy WebLinkAbout2018-2-21Minutes for February 21 2018 adopted Mar. 7
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, February 21, 2018
10 Surfside Road, Nantucket High School Cafeteria — 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 4:02 p.m.
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0Staff
in attendance: Joanne Dodd, Natural Resources Office Administrator; Terry Norton, Town Minutes
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Attending Members: Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Absent Members: Champoux
Late Arrivals: None
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Earlier Departure: Erisman, 6:39 p.m.
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Agenda adopted by unanimous consent
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*Matter has not been heard
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I. PUBLIC MEETING
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A. Announcements
B. Public Comment —
1. D. Anne Atherton — Thanked Natural Resources for quickly clearing up an issue with some errant coir rolls that washed
up. In regards to the review of the monitoring report for the `Sconset Beach geotube seawall, it is difficult for lay people
to understand the reports. Some questions they have are noted in a memorandum passed out to the
members at the
meeting. Staff — The third -party review is available on line.
II. PUBLIC HEARING
A. Notice of Intent
1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 Cont (03/21/2018)
2. Eel Point Beach, LLC —121 Eel Point (33-16) SE48-3048
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 the second public hearing for a coastal stabilization
project. They now have the Massachusetts Natural Heritage (MNH) sign off; MNH recommends a time of year
restriction. The property is not within priority habitat but the beach access from 401h Pole is; MNH is requiring
a condition in that area that there be a qualified bird monitor on site. The upper portion of the bank is just at
the point of starting to slump; they plan to set the coir rolls in the scarp created by the last few storms and
reestablish the slope. The high water mark is shown on the most recent survey.
Public None
Discussion (4:06) Steinauer — It is unusual to work after April 1; however, this is a beach where birds might forage and he
doesn't recall them nesting.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer)
Vote Carried unanimously
3. *Siasconset Beach Preservation Fund 59-119 Baxter Road (49;48 -various) SE48- Cont (03/21/2018)
4. *Annette M. Hurd et al —10 Brant Point Road (29-148) SE48-3056
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Don Bracken, Bracken Engineering, Inc. — This is within land subject to coastal storm flowage and wetlands
and coastal bank. The work is for a garage with enclosed storage space to be constructed in compliance with
building codes. No proposed grading changes.
Public None
Discussion (4:34) Steinauer — Would want the storage area above the flood zone.
Golding — Elevated storage should be a condition for chemicals.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer)
Vote Carried unanimously
Page 1of6
Minutes for February 21. 2018. adovted Mar. 7
5. *N tucker Islands Land Bank (NILB) — 48 South Cambridge Street (59.3-42) SE48-3055
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documenta 'on Site and topographical plans, photos, requisite departmental reports and correspondence.
Representat ve Paul Santos, Nantucket Surveyors — This is for construction of a proposed elevated walkway and pier or dock
located within the limits of Long Pond. This is to provide access to the pond from the proposed viewing area
over wetlands. Resource areas include: upland area, vegetated wetland, salt marsh, and Long Pond. Approval
from ConCom and Chapter 91 are required for this work. The lot was originally mapped under Massachusetts
Endangered Species Act (MESA); they have provided letter ruling no adverse impact. Part of the filing is for
work below the mean high water. Department for Environmental Protection (DEP) and Department of
Marine Fisheries requirements include: 1:1 ratio width to height of the walkway from the saltmarsh to the dock,
look at alternative decking, and '/4 -inch spacing for light penetration on the wood decking. Fibergrate®
presents traction issues for handicap (H/C) accessibility; Thru-flowTM allows for light penetration but he feels
the spacing will match that.
Rachel Freeman NILB — A benefit to this property is that the topography drops and the pier will come
straight off the slope. It will be visible from across Long Pond and down the pond; doesn't think it'll be visible
from the road. The intended use will be for fishing and crabbing. There is no proposed lighting of the area.
Public None
Discus on (:12) Erisman — She sees wood as becoming slipper for H/C accessibility and the Fibergrate® provides more
traction.
Freeman — They've received a lot of negative impact on the use of Fibergrate® at Gardner Bridge.
Discussion about which material might be better for H/C accessibility.
Freeman — Pointed out that accessibility does not apply just to wheelchair. There are not that many areas that
allow accessibility for activities such as crabbing and fishing. The best bet for the path surface is stone dust
Steinauer — NILB is the only Island group providing accessible out-of-doors activities.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
6. *9 Swain Street, LLC — 36 Western Avenue (87-133) SE48-3058
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Docurnintation Site and topographical plans, photos, requisite departmental reports and correspondence.
Represe atatii re Brian Madden, LEC Environmental — This is for site redevelopment: remove existing structure, construct
new dwelling outside the 50 -foot buffer to a coastal dune, pool, garage, septic upgrade and fence. The fence
encroaches to within 25 feet of the dune and is to establish the lawn area. Septic will upgrade to I/A system
with the leach field within the 25 -foot buffer. Requesting a waiver for the fence and the septic; the footprint of
the leach field will be revegetated with natural vegetation. Waiting to hear from MNH; asked for a two-week
continuance.
Public None
Discuss' on (4 37) Erisman — Doesn't think allowing the pool fence within the buffer is appropriate. Doesn't want to encourage
lawns going up to one of the Island's most pristine natural dune fields; it would be easy to "jump" the fence.
Steinauer — His concern with the wire -mesh fence is the ability for small animals to migrate across it
Bennett — He understands Ms Erisman's argument for the fence being kept away from the buffer.
Staff None
Motion Continued for two weeks by unanimous consent.
Vote N/A
7. *34 estern Avenue Surfside, LLC — 34 Western Avenue (87-82) SE48-3057
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documc ntation Site and topographical plans, photos, requisite departmental reports and correspondence.
Repres tati a Brian Madden, LEC Environmental — This is for Redevelopment of a lot The boundaries for the coastal
dune were determined in October 2017. This is similar to SE48-3058 in regards to the leach pit within the 25 -
foot buffer with upgrade to Title 5 system. There is a net decrease within the 50 -foot buffer. The proposed
patio abuts the 25 -foot buffer zone. Asked for a 2 -week continuance.
Public None
Discussi n (4. 8) Golding — We don't know the visual impact of this structure or the 36 Western Avenue structure. He'd like to
see what they will look like. Would encourage the commission ask for a continuance to ascertain the visual
impact from the beach. There is no reason for any structure to be within the 50 -foot buffer.
Bennett — He'd like to see the whole area; he hasn't been out there.
Steinauer — Asked how we would judge visual impact; ConCom doesn't have any standards on the size of a
house.
Erisman — There is the concern of lighting in the area of a wetland. There is a lot of hardscaping; she's
concerned about sheeting toward the dune during a rain event
Staff None
Motion Continued for two weeks by unanimous consent.
Vote N/A
Page 2 of 6
Minutes for February 21 2018 adopted Mar. 7
8. *Kimball -Sherburne, LLC — 9 Kimball Avenue (30-31) SE48-305
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — This is for construction of beach stairs and landing within a coastal bank
from the top of the vegetated coastal bank to depressed beach face. It's located within priority habitat and has
been filed with Natural Heritage Endangered Species Preservation but have not had a response; their limit is
noted on the plan in the area of foot -path access. Resource areas include coastal bank, coastal dune, coastal
beach, and land subject to coastal storm flowage. No lighting is proposed. All work will be done by hand;
material is wood. Asked for a 2 -week continuance.
Public None
Discussion (4:57) Steinauer — The landing is way too large.
Erisman — The landing looks like a small deck and should be reduced in size.
Staff None
Motion Continued for two weeks by unanimous consent.
Vote N/A
9. *CMDM, LLC — 93 & 99 Eel Point Road (32-10 & 9) SE48-
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 for coastal stabilization; these properties have had
orders of conditions for zig-zag drift fence and sand -filled coir rolls. The proposal is to swap out the tubes with
solid coir logs; it is the same configuration of materials used in other areas. Explained the phased approach to
replacing the existing tubes as they fail. They are asking to maintain the drift fence; it is beneficial in capturing
wind-blown sand. They agree to the same conditions imposed on similar projects. Access will be from 401h
Pole with the same MNH restrictions as for SE48-3048. Reviewed monitoring to be applied to this that is used
on similar projects. Asked for a 2 -week continuance.
Public Emily Molden, Nantucket Land Council — In light of the design change, wonders about long-term
nourishment being sufficient; it would be helpful to have the nourishment monitoring reports from similar
projects for review in regards to this.
Discussion (5:03) Erisman — Would like a schematic of the positions of existing tubes as related to the proposed.
Gasbarro — The footprint will be the same; this is essentially a replacement.
Steinauer — Asked how long it will take to replace all the rolls.
Gasbarro — He estimates three years. The high-density rolls are heavier and can withstand greater storms and
will be placed at the bottom; low-density rolls will have the beach grass plugs and be at the upper portion.
Golding — There should be a condition that sacrificial sand is replaced after storm events.
Steinauer — Believes the low-density rolls will probably also leach some sand.
Golding — He would like to know whether or not the structure is pre -1978.
Discussion about the amount of nourishment necessary in this area which has high-energy waves.
Steinauer — In terms of the project we will soon be hearing, hundreds of thousands of cubic yards of sand will
be required; he questions where the sand will come from when the Island quarries run out.
Erisman — We have to ensure there are failure criteria. We need to consider the possibility of sterilization of
the shore area from sand without the same make up as is present.
Staff None
Motion Continued for two weeks by unanimous consent.
Vote N/A
10. *Dean & Melissa Long —11 Pippin's Way (43-94.2) SE48-
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 for work within the buffer to bordering vegetated
wetland and isolated vegetated wetland as delineated on the map. Proposing residential development similar to
that in a 2014 Order of Conditions which recently expired. All structures are outside the 50 -foot buffer with all
disturbances outside the 25 -foot buffer; septic is outside the 100 -foot buffer and Town sewer is proposed to be
extended into this area. This is to ascertain what is possible so structures currently are generic; we will be back
with a final design of structures within ConCom jurisdiction. There is an existing drainage easement associated
with the Pippins Way subdivision. Pointed out three areas with conservation restrictions. Filed an exemption
letter with MNH along with notification and copy of the filing. Asked for a 2 -week continuance.
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP — The driveway is the most important aspect of this
proposal at this time.
Melissa and Dean Long
Public None
Discussion (5:29) Erisman — Would like the 25 -foot buffer marked to ensure limit of work.
Staff Don't have a DEP number.
Motion Continued for two weeks by unanimous consent.
Vote N/A
Page 3 of 6
Minutes for February 21. 2018. adopted Mar. 7
11 *34 Walsh Street, LLC — 34B Walsh Street (29-108) SE48-3053
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documnntation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Dan Malloy, Site Design Engineering — Reviewed the scope of proposed work to include raising the house,
additional steps, and an addition. Requested a waiver for work within the buffer. Part of the project is to
revegetated about 500 square feet of the 25 -foot buffer, which is currently lawn; that will double the size of the
buffer. Had some feedback in regards to planting areas and will be coming back with revisions to that
Requested additional feedback to help refine the plan. Asked for a 2 -week continuance.
Public None
Discuss on (:38) Erisman — Need a clear breakdown of the replacement area. Would like to see drainage for roof runoff that
would impact the wetlands. It looks like the wetland flags are close to the driveway.
Staff None
Motion Continued for two weeks by unanimous consent.
Vote N/A
12 *M & Robert M. Haft — 43 Cliff Road, 60 North Beach Street & 8 Stone Barn Way (29-41 & 86 & 911) SE48-3052
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documi mtati on Site and topographical plans, photos, requisite departmental reports and correspondence.
Represe tati a Dan Malloy, Site Design Engineering — This is for elevated walkway and stairs down the sloping embankment
and across a wetland; material will be Fibergrate®. Resource areas are a bordering vegetated wetland and flood
plain. Work in the bordering vegetated wetland will be 4X4 wood posts to hold up the boardwalk. Asked for a
2 -week continuance.
Public Emily Molden, Nantucket Land Council — Reminded the commission there was a similar proposal in Squaw
which the commission denied; it was appealed and the ConCom decision was upheld. An illegally created
footpath is not justification for a walkway. Submitted the Squaw decision at the table.
Discuss on (5 48) Erisman — Typically we would not permit a bridge through a wetland. Asked if there is an invasive species
remediation plan.
Bennett — He has no concerns with the stairs but he shares concerns about the walkway through the wetland.
Malloy — Not applying for any invasive removal. Considers people not walking on a wetland as a net benefit
Golding — He's concerned permitting this opens the door for everyone to request a walkway through a
wetland. He's dead -set against allowing the walkway.
Staff None
Motion Continued for two weeks by unanimous consent.
Vote N/A
III. PUBLIC MEETING
A eq ests for Determination of Applicability
1. 31 Starbuck, LLC — 31 Starbuck Road (60-40
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Docume ntaft n Site and topographical plans, photos, requisite departmental reports and correspondence.
Represei itatiNa Paul Santos, Nantucket Surveyors — This is to determine whether or not he work in question is subject to the
act and establish resource areas annotated on the plans. The application is to demolish and remove the
structure; the existing septic is approved for complete removal due to eroding coastal bank. The existing trench
is now nine feet from the water.
Public None
Discussi n (6 2) None
Staff Recommend issue as a Positive 2A and Negative 3.
Motion Motion to Issue as recommend. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
B. Minor Modifications
1. H ock Pond Realty Trust — 86 Hummock Pond Road (56-117) SE48-2966
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Docume ritation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Don Bracken, Bracken Engineering, Inc. — New owners want to change the footprint of the proposed
structure. It will still maintain the 50 -foot setback to the wetland.
Public None
Discussion (6: None
Staff Recommend issue as a minor modification.
Motion Motion to Approve as a Minor Modification. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
Page 4 of 6
Minutes for February 21. 2018, adopted Mar. 7
2. 17 Eat Fire Spring, LLC —17 Eat Fire Spring Road (20-58) SE48-3024
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey — The change is shifting the garage slightly into ConCom
jurisdiction closer to the 50 -foot buffer and to amend the MNH Land Management Plan. Noted other changes
outside of ConCom jurisdiction.
Public None
Discussion (6:09) None
Staff Recommend issue as a minor modification.
Motion Motion to Approve as a Minor Modification. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
C. Orders of Condition
1. 12 North Road Trust —12 North Road (43-82) SE48-3022
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff Asked if Condition 36 should impose fines starting when the NOI was filed or Enforcement Order issued.
Discussion (6:12) Golding — He would like to add in Condition 13, "Further replacement or re air of the bulkhead will require
an analysis."
Bennett — Repair is allowed by right.
Steinauer — Upon issuing the Enforcement Order, we were looking for an NOI which they supplied.
Golding — Propose Condition 36 should include a fine be imposed.
Kevin Dale, Vaughan, Dale, Hunter and Beaudette P.C. — Reviewed the timeline from issuance of the
enforcement order to submission of the NOI; feels imposition of a fine during the time they were working on
a solution is disingenuous. He thinks there should be no fine since his client responded. However, if a fine is to
be imposed, it should be for $3,450 for the time period of March 14 through May 23, 2017. In the permit
overview section, it provides for removal of an unpermitted deck; asked that the sentence be revised to say,
"removal of an unpermitted deck designated as a new deck section on 10/10/2017 site plan." Condition 35
addresses monitoring; confirmed the commission wants monitoring stations all along the beach to include
abutting properties; he's concerned about difficulty placing monitoring stations on other properties and risking
failure as noted in Condition 26 if he can't. He'd like to see Condition 24 about adverse impact to abutting
properties removed; those properties have hard -armor structures.
Steinauer — They did respond quickly to the enforcement order.
Erisman — Condition 24 is a standard condition.
Motion Motion to Approve as amended. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
2. Eel Point Beach, LLC —121 Eel Point (33-16) SE48-3048
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff None
Discussion (6:32) None
Motion Motion to Approve as drafted. (made by: LaFleur) (seconded by: Steinauer)
Vote Carried unanimously
3. Annette M. Hurd et al —10 Brant Point Road (29-148) SE48-3056
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff Per the hearing, will add a condition on use of herbicides and a condition on storing chemicals.
Discussion (6:35) None
Motion Motion to Approve as amended. (made by: LaFleur) (seconded by: Steinauer)
Vote Carried unanimously
4. Nantucket Islands Land Bank — 48 South Cambridge Street (59.3-42) SE48-3055
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff The permit overview needs to be corrected. Will change Condition 20 to reflect 1/4 -inch spacing.
Discussion (6:36) Steinauer — He'd prefer Fibergrate®.
Motion Motion to Approve as amended. (made by: LaFleur) (seconded by: Steinauer)
Vote Carried 5-1//Erisman opposed
Page 5 of 6
I Minutes for February 21 2018 adopted Mar. 7
D. O er Business
1. Apj roval of Minutes 02/07/2018: Adopted by unanimous consent.
2. Enf rcement Actions
a. C C, Golding — There will be a talk about the rising sea water and the impact on the downtown area.
b. N &EDC, Bennett - None
4. Co 'ssioners Comment
5. Administrator/Staff Reports
a. VAII sign up anyone who wishes to attend the Mack Conference on March 3, 2018.
6:42 p.m.
by:
Page 6 of 6