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HomeMy WebLinkAbout2018-3-7Minutes for March 7 2018 adopted Mar. 21 CONSERVATION COMMISSION PUBLIC MEETING%LE.I''' R' j 2 Bathing Beach Road Nantucket, Massachusetts 02554 yrww.nantucket-ma.gov Wednesday, March 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 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Absent Members: Champoux 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. 9 Swain Street, LLC — 36 Western Avenue (87-133) SE48-3058 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — Based on previous comments, the pool fence was reconfigured outside the 50 -foot buffer and a subsurface infiltration system added for roof run off. The leach field is going into the 25 -foot buffer with the area to be restored with natural grasses and shrubs. Massachusetts Natural Heritage PANI-1) responded with a no take. Public None Discussion (4:04) Erisman — Would like to have something to mark the edge of the lawn now that the pool fence has been pulled back. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 2. 34 Western Avenue Surfside, LLC — 34 Western Avenue (87-82) SE48-3057 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — The only change is the inclusion of the subsurface infiltration system for roof run off; it was added to the plan. The leach field is going into the 25 -foot buffer with the area to be restored similar to adjacent property. MNH ruled no take no adverse affect. Public None Discussion (4:07) Erisman — Wants the same condition for marking the lawn. Staff Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 3. Kimball -Sherburne, LLC — 9 Kimball Avenue (30-31) SE48-3054 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (4:09) None Staff Mr. Santos submitted a revised plan. MNH ruled not take. Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Page 1of4 Minutes for March 7 2018 adopted Mar. 21 4. CMDM, LLC — 93 & 99 Eel Point Road (32-10 & 9) SE48-3060 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — Referred to a letter responding to questions raised at the previous hearing about erosion rates and volumes of sand. At least 708 cubic yards (CY) of sand will be necessary for nourishment and to cover the tubes; that can be adjusted through monitoring. In response to the age of the structures, a 1971 aerial photo shows three structures on the property in the same locations. The access will be from 40th Pole and the driveway at 99 will be used for storage. MNH ruled the project could proceed with the condition of bird monitoring and no work on the beach between April l and August 1. Public None Discussion (#:10) Bennett — Asked about the impact form Winter Storm Riley. Gasbarro — There was damage to the panels and some loss of fabric rolls; no vegetation was left on the bank; details will be in the monitoring report. Wants to save the riprap fence; they will install the new logs in place of the rolls, which are mostly deflated now. Steinauer — Asked if there would be a reason to keep the existing rolls in place longer and asked about wave attenuation. Gasbarro — Only to prevent erosion. If we have exceptionally high surge, the fence is inundated. What he's seen on this shoreline, there is an accumulation of wind-blown sand during fair weather. Erisman — Asked if it is possible to quantify the amount of sand the fence is catching sand. Gasbarro — It's hard to quantify the fine wind-blown sand. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 5. De a & Melissa Long —11 Pippin's Way (43-94.2) SE48-3059 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 a residential development in the buffer zone. We were waiting on a file number. They requested a waiver for 2 -foot separation from groundwater and that to include any dewatering be outside the buffer zone. Public None Discussion (4:29) None Staff Have everything needed to close. Motion Motion to Close. (made by: Lafleur) (seconded by: Topham) Vote Carried unanimously 6. 34 Walsh Street, LLC — 34 Walsh Street (29-108) SE48-3053 (Cont 03/21/2018) 7. Mary & Robert M. Haft — 43 Cliff Road, 60 North Beach Street & 8 Stone Bam Way (29-41 & 86 & 911) SE48-3052 (Cont 03/21/2018) 8. *21 Crooked Lane, LLC —1 West Chester Street Extension (41-480 portion) SE48- (Cont 03/21/2018 9. *Nantucket Islands Land Bank — 48 & 50 Tennessee Ave (59.4-93) SE48- (Cont 03/21/2018) 10. *42/44 ARB Way, LLC — 42 & 44 North Beach Street & Arbour Way (29-132 &137) SE48-3063 SittingI Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — An Lot 42 is taken up with invasive species as well as some invasive species on Lot 44; the invasive species will be removed. The putting green on Lot 42 takes up much of the area with invasive species. Kris Horiuchi, Horiuchi Solien — Lot 44 has the existing house; they will remove the invasive species and plant native plants. On Lot 42, the proposal is for a putting green with artificial turf and sand bunkers on this lot; that material is permeable and they will provide drainage. There is no invasion into the 50 -foot buffer. Explained how the artificial turf will be laid; there will be minimal grading. Public Burton Balldnd, KindFlow Productions — Asked if there was any stormwater on the property after this latest storm. Discussion (4:�1) Steinauer — Asked what will be done with the removed soil; it might be filled with rhizomes. Doesn't see the need to remove the soil; clip and drip the phragmites and let it rot in the ground. Horiuchi — The approach is to excavate and replace with native material. Erisman — She would like to where the soil would come from, where it will go, and drainage. Wants to see the topography changes for the sand bunkers and greens. There should be no lighting over the golf area. Steinauer — Noted that hitting sand up onto the green from the hazard would impact the permeability of the green turf This should be conditioned to have staff ensure the phragmites are dead before excavation takes place. He doesn't recall the proposal talking about doing the cut and bundle; he would like that clarified. Horiuchi — After the latest storm, there was some water around the lawn area of Lot 44. Blackwell — Asked for a 2 -week continuance Staff None Motion Continued to March 21 by unanimous consent. Vote N/A Page 2of4 Minutes for March 7, 2018, adopted Mar. 21 11. * David & Constance Cheever — 23 Monomoy Road (54-205) SE48-3061 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — Resource areas are a bordering vegetated wetland across the street and an isolated vegetated wetland on the north side of the property. Work includes: replace the existing structure and a pool outside the 100 -foot buffer. Erosion control will be installed around the limits of work; there is existing subsurface drainage systems on the property. Public None Discussion (4:46) None Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously III. PUBLIC MEETING C. Requests for Determination of Applicability i. Sankaty Head Golf Club —100 Sankaty Road (49-2) Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — This is for a negative determination for an existing water hazard on the 161' Hole; the hazard is not protectable: constructed in late 1960s, no hydric soils, doesn't sustain natural hydrology, water is pumped into the feature and discharged into an upland scrub thicket. There are wetlands are about 75 feet to the north. In the 1930s, the location was a sand bunker until about 1969. Public None Discussion (4:49) Erisman — Would like to know how much water is pumped into the hazard on an annual basis. Golding — He was told when it was built, it was lined. Madden — He couldn't find any lining and the previous superintendent didn't know of any lining. Staff Since it has to be maintained by pumping and there is no connection to ground water, this is not deserving protection. Recommend issue as a Negative 1, not deserving of protection Motion Motion to Issue as recommended. (made by: Golding) (seconded by: Steinauer) Vote Carried unanimously D. Minor Modifications 1. Lorusso — 316 Polpis Road (25-7) SE48-2922 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (5:00) None Staff This is the reconfiguration of approved building locations and some adjustment to footprint. All changes increase horizontal separation. Recommend issuance as a minor modification. Motion Motion to Issue as a Minor Modification. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 2. Nesi — 20 Walsh Street (42.2.1-20) SE48-2942 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — For landscaping associated with residential redevelopment; only structural component is addition of a shed. Resource areas are within land subject to coastal storm flowage and within buffer to a vegetated wetland. Public Discussion (5:02) Erisman — In the event of storm flooding, asked if the water would have to flow around the 6" wall. Gasbarro — Yes, into the driveway and across the property. Golding — Wants this conditioned that chemicals be stored above the flood zone. The propane tank needs to be secured. Staff Recommend issuance as a minor modification. Motion Motion to Issue as a minor modification. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously E. Orders of Condition 1. 9 Swain Street, LLC — 36 Western Avenue (87-133) SE48-3058 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff Based on comments he will include Condition 25 about permanent markers for the edge of the lawn. Discussion (5:07) None Motion Motion to Approve as amended. (made by: Golding) (seconded by: Lafleur) Vote Carried unanimously Page 3 of 4 Minutes for March 7 2018 adopted Mar. 21 2. 34 Western Avenue Surfside, LLC — 34 Western Avenue (87-82) SE48-3057 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff He will add Condition 23 about permanent markers for the edge of the lawn. Last year there were two or three pairs of Piping Plovers in the coastal dune only. Discussion (5:09) None Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: Erisman) Vote Carried unanimously 3. Kim ball -Sherburne, LLC — 9 Kimball Avenue (30-31) SE48-3054 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff No additional conditions. This is for stairs only; there is no coastal engineering structure (CES). Discussion (:11) None Motion Motion to Approve as drafted. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 4. C M, LLC — 93 & 99 Eel Point Road (32-10 & 9) SE48-3060 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff Finding 13 states this is a CES. Most conditions relate to or are identical to other similar projects. There is the time -of -year condition. Didn't address additional conditions to require surveyed as -built of the project. This owner has been very good about submitting monitoring reports. Will add Condition 17 placing a completion date. If plants are wiped out by a storm, that won't as failure criteria. In the original filing for the coir logs, there is a finding that the buildings still qualify as pre -1978 structures. Discussion (:12) Gasbarro — A surveyed as -built will be submitted at the first major mobilization of the first phase. Golding — In regards to Conditions 17 & 18, asked if those are part of the existing conditions for the sand - drift fencing. Bennett — Item 31, 75% loss of plants is a failure criteria; asked if everyone is comfortable with that. Golding — One issue he has is the buildings that were there were much smaller than exists today. Motion Motion to Approve as amended. (made by: Golding) (seconded by: Topham) Vote Carried unanimously 5. De& Melissa Long —11 Pippin's Way (43-94.2) SE48-3059 Sitting7 Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff Will add Condition 21 about dewatering to be done outside ConCom jurisdiction. Discussion (5:24) None Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 7. David & Constance Cheever — 23 Monomoy Road (54-205) SE48-3061 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff He included a condition that the pool can't be emptied within 100 feet of resource areas. Discussion (5 25) None Motion Motion to Approve as drafted. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously F. Othet Business 1. Appr val of Minutes 02/21/2018: Motion to Approve accepted by unanimous consent. 2. Enforcement Actions a. Ncne 3. Repo s: a. None 4. Commissioners Comment a. Erisman — In the event of recent and potential storm damage, asked if the Town should come in for emergency work Staff — In cases of public safety, the Department of Environmental Protection (DEP) issued emergency guidance to allc w communities to do the work necessary to abate the emergency. Work beyond that requires an NOI. Cited damage and repair to Polpis Road as an example of emergency work and what will have further work requiring a NOI. The DEP defines an emergency as a threat to public safety and public health; therefore, private owners cannot use DEP em rgency protocol 5. Administrator/Staff Reports a. Reminded the members that, at tonight's March 7 meeting, the Board of Selectmen will be reviewing an open application in regards to a `Sconset Beach Preservation Foundation NOI for a geo-tube extension and fourth tube. Cautioned against commenting about it. Motion to djourn: 5:36 p.m. Submitted I iy: Terry L. N rton Page 4of4