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Home My WebLink About2018-3-21Minutes for March 21 2018 adopted Apr. 11 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www nantucket-ma.gov Wednesday, March 21, 2018 4 Fairgrounds Road, Training Room — 4:00 p.m. Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David Deur, A Ben Champoux, Ian Golding, Joe Topham m Called to order at 4:04 p.m. 50 Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Officcp"a; Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham VT% SVA Absent Members: Golding p -A ..A Late Arrivals: None r Earlier Departure: None J' Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements B. Public Comment — 1 . Edie Ray — On March 17, she was at Hoicks Hollow and noticed that 'Sconset Beach Preservation Foundation (SBPF) had built a dirt ramp to access the beach. With wind and rain, that dirt is now washing onto the beach. 2. Staff — We've had a lot of rain and flooding; the Water Company says we're about 1.6 feet above the 25 -year normal groundwater level for the month of March. Natural Resources has received calls asking the ponds be opened in an effort to alleviate the `bubbling up' that is occurring; opening the ponds won't lower the groundwater level. The spring opening of the ponds is usually between April 1 & 15. II. PUBLIC HEARING A. Notice of Intent 1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (4:14) Santos — Asked this be continued to April 11. Staff None Motion Continued by unanimous consent until April 11. Vote N/A 2. *Sconset Beach Preservation Fund — 59-119 Baxter Road (49,48 -various) SE48- (Cont 04/25/2018) 3. 34 Walsh Street, LLC — 34 Walsh Street (29-108) SE48-3053 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Steven Cohen, Cohen & Cohen Law P.C. Public None Discussion (4:15) Cohen — Reviewed additional information requested at the last hearing. The lawn area within the buffer is increasing but it's moving away from the resource area; the driveway is moving out of the 25 -foot buffer. Erisman — The existing lawn within the 50 -foot buffer is 649 square feet (SF); confirmed they are asking to increase that. She's not comfortable allowing the increase within the 50 -foot buffer without a revegetation plan. The revegetation must be successful and she's is concerned it won't be without a proper schedule. Champoux — He prefers the use of a split -rail fence to mark the buffer edge because it is more substantial. We can condition the revegetation plan to ensure survival. Staff The effort is to get the house compliant with Flood regulations. There is currently no structure within the 50 - foot buffer. There was a revegetation protocol included in the original permit; reviewed the planting protocol. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 4. Mary & Robert M. Haft — 43 Cliff Road, 60 North Beach Street & 8 Stone Barn Way (29-41,86&911) SE48-3052 (Cont 04/11/2018) 5. 21 Crooked Lane, LLC —1 West Chester Street Extension (41-480 portion) SE48-3064 (Cont 04/11/2018) Page 1 of 3 Minutes for March 21, 2018, adopted ADT. 11 6. N tucker Islands Land Bank — 48 & 50 Tennessee Avenue (59.4-93) SE48-3062 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Rachel Freeman, Nantucket Islands Land Bank (NILB) Public None Discussion (:24) Freeman — This is a request to construct an elevated 3X3 walkway and pier. There is an existing Chapter 91 license with an approved modification to change the pier. They are not planning to use Fibergrate®; they've had feedback from the public that they don't like it. Erisman — Questions not using the Fibergrate®; it creates less shading and is less slippery and wood would be negatively impacted by floods. Freeman — She is willing to request a continuance to revisit the use of Fibergrate®. Staff None Motion Continued by unanimous consent until April 11. Vote N/A//Topham recused 7. 42/44 ARB Way, LLC — 42&44 North Beach Street & Arbour Way (29-132&137) SE48-3063 (Cont 04/11/2018) 8. *Grc gory Reyes —19 East Creek Road (55-60) SE48-3065 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documenta on Site and topographical plans, photos, requisite departmental reports and correspondence. Representati a Paul Santos, Nantucket Surveyors Steven Cohen, Cohen & Cohen Law P.C. Public Edie Ray Emily Molden, Nantucket Land Council Discussion (:31) Santos — This is to raze the existing dwelling and construct a new dwelling lifted 2.5 feet to meet the new flood -zone regulations. Resource areas are saltmarsh, land subject to coastal storm flowage, and coastal bank. Noted the siting for the new dwelling. The proposed is 2475 SF total groundcover, which constitutes a reduction in ground cover. The application requires waivers for building within 25 -foot no -disturb buffer, building within 50 -foot no -build setback, and foundation within 2 -foot separation from groundwater under the premise is long-term benefit moving the structure away from the saltmarsh. Site is connected to Town sewer and water. Asked that this be conditioned to provide a detailed architectural construction plans for the engineering protocol for construction of the foundation. Cohen — The current structure has a garage slab on grade that will be eliminated. The current structure is heavily trimmed with white paint and aluminum gutters; the proposed will be natural to weather with less of an impact on the scenic view and the environment. Erisman — There were questions about the garage having been permitted with the original house. Santos — It was permitted with the original house. Steinauer — He thought the commission denied the original process then Department of Environmental Protection had a superseding order the Commission signed off on. Cohen — That is correct. Erisman — The proposal is for 28 windows facing the harbor that will light up the wetland edge; that amount of fenestration must be reduced. The extended deck should be pulled back away from the wetland flag. Cohen — This plan is not HDC approved; he's sure HDC would require less glazing. Steinauer — He'd like to see construction protocols. He believes there are phragmites at the edge of the wetland and would like that mitigated and monitored. Champoux — Due to the pilings, this is essentially a new house and he's fundamentally opposed. Ray — Her concern is the timing of the construction and its impact on nesting birds; this area is heavily used year-round by various birds. The light from the windows, which Ms Erisman brought up, is also a large concern as well as evening and night lighting from construction. Another concern is silt runoff into the saltmarsh. Sound disturbance over the saltmarsh will have a major impact on the wildlife. Cohen — He's willing to look into different types of construction; in terms of timing, they would want to avoid nesting season. Molden — The construction plans would be valuable to the commission. She agrees with Mr. Champoux. This is a super sensitive area; asked the commission to look closely at the waivers required. Discussion about possible alternatives. Cohen — This is essentially new construction. They could get someone to review what is salvageable but the existing doesn't meet code. Reviewed the net benefits of the new construction over the existing. Santos — Would like to get someone to opine on whether or not the existing home could be renovated to meet the code. Asked for a two-week continuance. Staff There are portions of this project that fall within the net benefit, no adverse impact, no reasonable alternatives. The exercise of finding reasonable alternatives would involve studying the impacts to bring the current house up to code; that is critical to justify the waiver; the existing house has rights that a new house wouldn't have. Reminded the board that there is the coastal bank in back of the structure with buffers and performance standards that must be met. Motion Continued by unanimous consent until April 11. Vote N/A Page 2 of 3 Minutes for March 21 2018 adopted Apr. 11 B. Amended Orders of Conditions 1. Albert Rabil III & Tamara Lee Rabil —141 Cliff Road (30-1,2,3,4,5,6,7) SE48-3026 Sitting Bennett, Erisman, Steinauer, LaMeur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public Edie Ray Discussion (5:11) Santos — This is to relocate a set of beach stairs and landing. There is a time restriction on when this is in place. Ray — Asked if this area is where piping plovers have been noted. Staff The closest plovers don't get past the Hallowell groin. Motion Motion to Approve as amended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously III. PUBLIC MEETING A. Requests for Determination of Applicability 1. New York Avenue Nominee Trust — 63 Monomoy Road (43-108.1) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (5:17) Gasbarro — This is for work within the buffer to a bordering vegetated wetland. No work is proposed within the 50 -foot buffer. Staff Recommend approve as a Positive 2 and Negative 3. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 2. Stephen F. Newhouse, Paul B. Newhouse, & Robert G. Newhouse — 99 Squam Road (12-29) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (5:19) Gasbarro — This is for work within the buffer to an isolated vegetated wetland to upgrade the on-site septic within the resource area. The existing tank will be pumped, crushed, removed, and area filled. Staff This is not within a nitrogen sensitive area. Recommend approve as a Positive 2 and Negative 3. Motion Motion to Approve as recommended. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously B. Orders of Condition 1. 34 Walsh Street, LLC — 34 Walsh Street (29-108) SE48-3053 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Added Condition 21 about restoration survival requirements; he will include the on-going condition that requires a written narrative documenting the conditions of the plants; that would meet the three -growing - season requirement. Will add the waiver finding of long-term net benefit. Discussion (5:21) Erisman — The restoration is usually the last thing done on a three-year permit; asked how the 90 percent success would be demonstrated without the full three growing seasons. Motion Motion to Approve as amended. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously C. Other Business 1. Approval of Minutes 03/07/2018: Approved by unanimous consent. 2. Enforcement Actions a. Staff — Noted that there a lot of water everywhere; it's high everywhere. 3. Reports: a. None 4. Commissioners Comment a. Erisman — Asked staff to check 244 Polpis Road. There are huge dirt mounds. 5. Administrator/Staff Reports a. Next week, a site visit of the SBPF is scheduled for Monday in `Sconset at 4 p.m. The SBPF annual report on the existing structure will be presented Wednesday, March 28 at 4 p.m. There is no active NOI for modification to the structure at this time so there will be no discussion on that. Update on the Board of Selectmen (BOS) status in regards to the geo-tube extension request; it will be back on the BOS agenda not before April 11. Motion to Adjourn: 5:38 p.m. Submitted by: Terry L. Norton Page 3 of 3