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HomeMy WebLinkAbout2018-4-25Minutes for April 25 2018 adopted May 2 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, April 25, 2018 4 Fairgrounds Road, Training Room – 4:00 p.m. Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleg Ben Champoux, Ian Golding, Joe Topham `� - ;;r 0 Called to order at 4:02 p.m.�t Z Z Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Ajminisxtoogo_ Terry Norton, Town Minutes Taker �"� Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham �. r Absent Members: None = M Late Arrivals: None A Earlier Departure: None 7r Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements B. Public Comment – 1. Edie Ray, Miacomet Avenue – Homeowners near her hired a crew to clear vegetation, including phragmites, away from the edge of the pond with machetes and chainsaws and deposited it on Land Bank property on the opposite shore via a kayak. She took photos and brought the activity to Mr. Carlson's attention. She'd like to know what the public should do when they observe questionable activity. Carlson –1) call the Natural Resources Office or call non -emergency police and 2) take photos. Massachusetts Association of Conservation Commissions (MACC) has guidance out about issuing letters of potential violation to start the process without waiting for an enforcement action to be approved; it begins the process quicker. 2. Steinauer – Former Conservation Commissioner Clark Whitcomb passed away. II. PUBLIC HEARING A. Notice of Intent 1. Mary D. Starr –19 East Creek Road (55-60) SE48-2985 (Cont 05/02/2018) 2. Gregory Reyes –19 East Creek Road (55-60) SE48-3065 (Cont 05/02/2018) 3. *Siasconset Beach Preservation Fund – 59-119 Baxter Road (49;48 -various) SE48- (Cont 05/16/2018) 4. *21 Crooked Lane, LLC –1 West Chester Street Extension (41-480 portion) SE48-3064 (Cont 05/02/2018) 5. Tessa B. Cressman – 3 Wauwinet Road (20-57) SE48-3071 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Public None Discussion (4:15) Gasbarro – Reviewed the project. Staff This was being held for Massachusetts Natural Heritage (MNH) sign off. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried 6-0// Champoux recused 6. Bartlett Farm, LLC – 39 Bartlett Farm Road (65-16) SE48-3072 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors John Bartlett, owner -manager Public None Discussion (4:16) Santos – To enlarge the solar array on the farm. They've pulled the array outside the 25 -foot buffer with still a small portion within the 50 -foot setback. There is a wedand on Hummock Pond Association property. They added a trenching component and equipment pad outside the 100 -foot buffer. Steinauer – Asked how well vegetation holds up under the existing array and how they will clean the arrays. Bartlett – It is holding up pretty well. Explained that there is no guidance in regards to cleaning the arrays. Steinauer – Asked if once it's up and running will be public be able to see it. Bartlett – He thinks he could set something up with the schools. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously Page 1 of 6 Minutes for Avri125. 2018. adopted Mav 2 7. Elizteth Bagley Descendants Trust —123 Eel Point Road (33-15) SE48-3068 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documenta . n Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Seth Wilkinson, Wilkinson Environmental Public Emily Molden, Nantucket Land Council Discussion (4:21) Gasbarro — For an array of cloth fiber rolls. We have received MNH signoff. Golding — His concern is that ConCom is approving arrays for properties that are not protected by the Act; this is a post 1978 structure. He feels this shouldn't be permitted. The soft armoring is still altering the balance of nature, which we should protect. Under our local definition, this is a Coastal Engineering Structure (CES). Feels the commission should revisit this issue of arrays protecting post 1978 structures at all. Champoux — This is not a CES as defined by Department for Environmental Protection (DEP). Gasbarro — The goal is to allow the upper portions of the banks to be vegetated and stabilized; it is not an armoring to stop erosion. DEP doesn't consider this assemblage of materials as a CES. Steinauer — We've already permitted 10 of these in front of post 1978 houses and vacant lots. He'd like to hear from Town Counsel George Pucci about the ramifications of a denial after several were approved. Erisman — Agrees with Mr. Golding, the more of these that go in, the more damage is done to the coastline. Also, the more of these along the coastlines, the more relevant the post -storm repair time becomes; it becomes harder to repair all of them in a timely manner. Molden — It is appropriate for ConCom to look at how many have gone in and discuss it. The proposal contains a waiver request is based upon no adverse impact/no reasonable alternative and a waiver under net benefit; going forward the commission should consider granting a waiver based upon its long-term net benefit versus under no adverse impact/no reasonable alternative waivers. Golding — He too would like to hear from Mr. Pucci. He has a lot of documentation on the adverse impact these structures have on the environment and would like to know how to change the commission position going forward. Willdnson — This is a bigger discussion than this project. He'd like to be part of a discussion with Town Counsel. Noted his puzzlement that the subject is coming up on this project when it hasn't been brought up as an issue with previous applications. Further discussion about what might be involved in changing the policy in regards to these types of arrays. Staff When the first one was permitted, it included a finding that the array was not a CES; that finding is what we can't go against without being very clear why this case is different. That finding was based upon guidance from DEP and Coastal Zone Management. DEP could very easily overturn a denial as this array is within their standards. On previous approvals for similar arrays, no waivers have been issued for net benefit. It is the commission's purview to decide which waivers are and are not granted. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried 6-1//Golding opposed 8. *Nan cket Public Schools — Backus Lane (67-121,394-398,400-402,481) SE48-3073 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Diane O'Neil, NPS Facilities Manager Dick Webb, SMRT Architects & Engineers, Inc. Public None Discussion (4: ) Webb — This is for the construction of a playground for the Intermediate School and a baseball field, which is a beginning to improvement of the NHS athletic facilities. The baseball field will be natural grass, irrigated, fenced in, and parking areas. Have a waiver request for a retaining wall at the right field corner within the 50 -foot setback. The existing grade will be maintained toward the south and east with some grading to level out the VA pitch across baseball field. The 25 -foot buffer is not on school property. O'Neil — The land currently belongs to Nantucket Island Land Bank and is in Land Court; once that is done they can turn it over to the school. We've been through the entire process and land court is the final stage. Champoux — Suggested the retaining wall be extended to prevent nun off into the wetlands. Golding — Asked why they are putting in the retaining wall at all. Webb — The grade continues to fall off toward the wetlands; the wall won't prevent balls going into the wetlands but the fence will minimize it. The plan shows existing trees. Bennett — Asked about pesticide and fertilizer use on the field that might contaminate runoff. Webb — If a field is irrigated, it helps promote a healthy field with less use of fertilizer, it will be a bluegrass - fescue blend. There is minimal lighting around the parking areas but none for the field. Discussion about using turf -type tall fescue, which is hardier than bluegrass. Steinauer — Asked if this is the extreme head of Miacomet pond. Staff Eric Savestsky, Land Bank Director, signed off on this as the property owner. This area once was once connected to Miacomet Pond. About 90% of the baseball field is outside our jurisdiction. Have everything needed to close. Page 2 of 6 Minutes for April 25 2018 adopted May 2 Motion Motion to Close. (made by: Champoux) (seconded by: Topham) Vote Carried 6-0//Erisman recused 9. *Hans Dalgaard — 33 Madaket Road (41-409) SE48-3074 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Consultants, Inc. Don Bracken, Bracken Engineering, Inc. Public Stephen Cohen, Cohen & Cohen LP, for Richard Wolfe Trust, 31 Madaket Road Chris Wolfe, 31 Madaket Road Edie Ray, Miacomet Avenue Discussion (5:05) Madden — The wetlands boundary has been confirmed. This is for removal of the barn, and construction a house, driveway, and pool. There is access to Town sewer and water. Wetland setback will be increased. Explained how the area within the 25 -foot buffer is to be restored. High ground water has been established at elevation 12.9. Bracken — Explained the engineering of the foundation design to protect the resource areas and groundwater. Explained the drainage and drywell systems to handle roof runoff. There is already some fill on the site that will have to be removed for the pool. No long-term dewatering is proposed or considered necessary. Erisman — Questions this would be a net benefit; there were usually no more than two or three horses and the area wasn't heavily grazed. She is completely uncomfortable about any part of the pool being within the 50 -foot buffer; it should be smaller. Normally the water blocked by the house has time to percolate and clean itself; with the proposed drainage, every spring the high groundwater is going to be directed toward the wetland. Madden — The drainage trenches will be perforated to allow the water to percolate. Stated they have been trying to address concerns noted in letters from abutters. They will look at getting the pool outside the 50 -foot setback. Explained how the 25 -foot buffer will be permanently marked. Champoux —There have been concerns from abutters about sheeting off the patio. Bennett — The commission is in agreement about keeping the pool out of the 50 -foot setback. Cohen — In his opinion, this project has not respected ConCom jurisdiction to the degree it should. There is 100% disturbance of the 25- and 50 -foot setbacks when no more than 50% is permitted; there are opportunities bio -retention and swales to address runoff before it gets to the wetland. There should be a dewatering plan for the construction period. There is nothing in the file justifies the no reasonable alternative waiver. He'd like to see confirmation that the infinity edge can replace a fence. This house will create a substantial amount of runoff that will overwhelm the proposed drains with no real mitigation in place to handle the high-water issues of this area. Feels they should not be allowed a house and surface area greater than the displaced water the area can manage. Wolfe — Referred to his memorandum of concerns. Submitted a photo from February 11 showing the saturation of the portion of 33 Madaket behind his house. Spoke to his concerns about the run-off directed toward the east dry well. Bracken — Spoke to Mr. Wolfe's concerns about the amount of runoff. Erisman — Thinks a third -party technical review of the drainage system is a good idea with two different calculations of the runoff. Ray — She frequently walks near that property often and has often noticed wetland birds utilize the wetland; it isn't a one-off rain event that causes the high water. No lighting around the pool and patio should go into the 50 -foot buffer. Madden — Asked for a continuance to May 16. Staff If we can get information within the week, this could be heard May 16. Motion Continued to May 16 by unanimously consent. Vote N/A 10. *Heather's Heaven, LLC —13 C Street (60.2.1-76) SE48-3075 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Julie Jordin, Garden Design Company Public Polly Whelden, 2 Tennessee Avenue Discussion (5:42) Gasbarro — This is for work within the buffer to a coastal bank as well as in the coastal bank and coastal dune resource areas. The proposal is to convert a patio into a smaller deck and remove a stone fireplace out of the marsh and improve the area. Jordin — Reviewed the status of the marsh area and how it would be restored with work to be by hand. Assured that there will be no mulch used. There is a reduction in impermeable surface; removal of invasive species; and use of native plants. Topham — The honeysuckle and privet will be difficult to remove by hand. Any seed bank will have to be watched and treated over time. Erisman — Asked how the incursion of the deck compares to the removal of structure from the 25 -foot buffer in the original approval. Page 3 of 6 Minutes for Gasbarro — With the original proposal, the overall dropped to 151 square feet between 0-50 feet; this will increase that incursion to 325 square feet. We are removing 16 square feet within the resource itself; the deck is a simple in -fill with no adverse impact. The net improvement is the lawn will be pulled out of the 25 -foot buffer with that area restored to its natural state and invasive species management The house is at elevation 12 well out of the marsh area. Jordin — The marsh is very healthy. There are a lot of large shrubs between the resource area and the structure. Whelden — This was a contentious project; she has reviewed the plans with other neighbors and they are looking forward to completion of this proposal. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 11. *Mar et T. Cunningham, Trustee —103 & 105 Eel Point Road (32-5&6) SE48-3076 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public Edie Ray Discussion (5 5) Rits — This is for a bio -engineering bank stabilization solution identical to the project approved for 99 and 93 Eel Point Road. The house on 105 was moved back substantially two years ago. Proposal is for coir rolls are to be planted and covered with sand against a 10- to 12 -foot high bank. Erosion rate is approximately 1'/4- to 1'/z - feet per year so looking at 15 cubic feet of nourishment per linear foot Will accept the same conditions as put onto 93&99. Proposed access will be via 401h Pole. Waiting on comments from MNH in regards to the access Point; there are no issues on this property. Work will occur in conjunction with construction for 93&99 to mim nuze access and disruption. Similar projects have been approved; they have retreated as much as possible; the goal is to stabilize the bank in an as environmentally safe manner as possible. Champoux — Asked how the site will be accessed for nourishment. Rits — There is space between the two lots where sand can be delivered over the bank. As the top of the bank will be planted, nourishment will be for the base of the bank. Plantings will be mostly beach grass with a little bit of bayberry. He anticipates only replacing sand when it is washed away; he does not want to keep piling sand up. Explained what the procedure would be for significant storm damage. Erisman — Confirmed that Mr. Rits is confident that significant damage to the array, renourishment and repairs, can occur within 30 days. Champoux — What's missing is a detailed planting plan. One condition is that 75% survival rate for plants needs to be achieved for this project to remain in compliance; to know that we need to know exactly what's going in. We've also requested detailed calculations for the amount of nourishment Golding — Confirmed that Mr. Rits' survey would not include transects of the beach. Wants the high water mark added to the plan Ray — Feels the Commission should look at individual projects; wonders about the cumulative effects of the individual projects along this stretch of beach on those areas without these structures. Noted that Dionis Beach is getting narrower and doesn't know if that is the result of these structures or nature. Steinauer — The Town and conservation groups are probably not surveying the erosion rate of banks on their properties; it would be nice to know that. Golding — He thinks the commission should request transects to pin down these issues. Rits — Feels he can provide that information with a high degree of accuracywithout transects. Asked for a 1 - week continuance. Staff Reviewed the type of data transects for smaller projects would provide in relation to stretches of beach with no structure. Motion Continued to May 2 by unanimously consent. Vote N/A B. Amended Orders of Conditions 1. Pocorno Point Realty Trust— 90 Pocomo Road (15-43) SE48-2946 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (6:20) Santos — This is to amend the order to move the structure outside the 50 -foot no -build zone to the coastal bank. No waivers will be required. Reviewed the landscape plans for this proposed location. The area between the 25- and 50 -foot setback where the house exists now will be left as lawn area; some in fill will be necessary for the new location. The house will not have a full basement. The bank is stable. Erisman — The area between the 25- and 50 -foot buffers should be allowed to revegetate naturally. Staff Under the original order, there was a condition for no disturbance within 15 feet of the top of the coastal bank; that condition is still in place. Motion Motion to Close and Issue. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously Page 4 of 6 Minutes for April 25 2018 adopted May 2 III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Lucie Cristler — 8 Lavender Lane (33-23) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Public None Discussion (6:33) Madden — This is to confirm the resource area boundaries: coastal bank, coastal dune, land subject to coastal storm flowage, and isolated vegetated wetlands. Staff The boundaries have been confirmed. The one wedand off property to the west but it looks to be all outside 100 feet from the property. Recommend approval as a Positive 2A confirming the resource areas. Motion Motion to Approve as recommended. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously 2. The Sconset Trust, Inc —122 Baxter Road (48-5) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Public None Discussion (6:37) Gasbarro — For installation of a chain-link fence within the buffer to a coastal bank to prevent people from going around the existing fence to get to the top of the coastal bank. Staff Recommend approval as a Negative 3 allowing work witbin the buffer resource area. Motion Motion to Approve as recommended. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 3. Hope Scott Rogers — 6 & 11 East Hallowell Lane (30-98 & 17) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (6:38) Rits — This is to confirm the coastal bank and associated buffer zones; no work is proposed. Champoux — Asked about the erosion bank. Rits — Pretty close to zero; the plants are fairly stable and established. It hasn't moved a lot in recent history. Staff Most of the slope is vegetated nearly to the bottom. Erosion and accretion are unpredictable. Recommend approval as a Positive 2A confirming the resource areas. Motion Motion to Approve as recommended. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously B. Minor Modifications C. Certificates of Compliance 1. Duke 53, LLC — Dukes Road Sewer System SE48-2728 (Cont 05/16/2018) 2. Pippins Way Homeowners Association Trust —12 Gardner Road (43-94.2) SE48-2034 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was for construction of the roadway and related to the proposed drainage issues. There is some issue with sediment entering the catch basins. Feels it should be brought into compliance before issuing the certificate. Asked it be continued to May 2. Discussion (6:43) None Motion Continued to May 2 by unanimous consent. Vote N/A D. Orders of Condition 1. Tessa B. Cressman — 3 Wauwinet Road (20-57) SE48-3071 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Needs to add the waiver for separation from groundwater. Discussion (6:49) None Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 2. Bartlett Farm, LLC — 39 Bartlett Farm Road (65-16) SE48-3072 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Couldn't think of any additional conditions; haven't seen many solar arrays. Discussion (6:50) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously Page 5 of 6 Minutes for April 25. 2018. adopted Mav 2 3. Elizabeth Bagley Descendants Trust —123 Eel Point Road (33-15) SE48-3068 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff The waiver the commission is granting is no adverse impact/no reasonable alternative. We might want to address the larger global concerns and performance standards; we're due for a regulatory review. Explained the process for the commission could order the complete removal of a structure. Reviewed revised language for Condition 34. Explained how a walkable beach differs in this case as opposed to the `Sconset project. In this case, if the mean high water interacts with the structure, that is a failure criteria; it is referenced under Condition 21. We can change the standard for coastal banks monitoring requirements to include transects. Discussion (6 52) Champoux — We could establish conditions that would set a higher standard of maintenance and criteria for success. Golding — Would like to have Town Counsel assist the commission on denying further structures. On Condition 34, would prefer it phrased to require a measurement of the angle and depth of the beach over several years. Champoux — Asked about the walkable beach. Topham — Asked if the order is requesting transects as well. Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Vote Carried 6-1//Golding 4. Nan cket Public Schools — Backus Lane (67-121,394-398,400-402&481) SE48-3073 Sitting Bennett, Steinauer, LaFleur, Champoux, Golding, Topham Staff There are no special conditions. Will add Condition 19 for Discussion (7 10) Discussion about the State laws and local regulations in regards to herbicides and pesticides and alternative means to have green lawns. Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Vote Carried 6-0// Erisman recused 5. Heather's Heaven, LLC —13 C Street (60.2.1-76) SE48-3075 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff He didn't draft an order for this. Asked for thoughts. Discussion (7:14) Consensus is for a positive order. Motion Continued to May 2 by unanimous consent. Vote N/A E. Extension Requests 6. 1811 aurus Trust —181 Eel Point Road (33-21) SE48-2788 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff This couldn't be voted on at the last meeting due to the lack of a quorum. Asking for three 1 -year extensions. It is in compliance. Discussion (7: 5) No comments. Motion Motion to Approve three 1 -year extensions for SE48-2788. (made by: Topham) (seconded by: LaFleur) Vote Carried 6-0//Champoux recused F. Other Business (7:18) 1. Approval of Minutes: 04/11/2018 — Adopted by unanimous consent. 2. Enfox cement Actions a. 54 1 vliacomet Avenue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff The owner responded on time and within schedule. b. 137 Polpis Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff He hasn't gotten the return receipt from this owner. That whole area has a number of issues and he will be sending out enforcements to a number of residents in this vacinity. 3. Repo s: a. None 4. Commissioners Comment a. Champoux — Noted that a property in the vicinity of 181 Eel Point Road has been cutting and there is debris on the beach; asked Mr. Carlson to check it out. Carlson — He will send a notice of potential violation. b. Erisman — Asked when `Sconset Beach Preservation Foundation extension would be heard. Carlson — The Select Board has not yet made a decision. 5. Administrator/Staff Reports a. None Motion toAdjourn: 7:25 p.m. Submitted Terry L. No on Page 6 of 6