Loading...
HomeMy WebLinkAbout2018-5-2Minutes for May 2 2018 adopted May 16 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov o Wednesday, May 2, 2018 4 Fairgrounds Road, Training Room — 4:00 p.m. 3 Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFlnr, Ben Champoux, Ian Golding, Joe Topham s G Called to order at 4:03 p.m. f :�%- Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Sminis top Terry Norton, Town Minutes Taker co ai Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham ' Absent Members: None 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. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 (Cont 05/16/18) 2. Gregory Reyes —19 East Creek Road (55-60) SE48-3065 (Cont 05/16/18) 3. Nantucket Islands Land Bank — 48 & 50 Tennessee Avenue (59.4-93) SE48-3062 (Cont 05/16/18) 4. *21 Crooked Lane, LLC —1 West Chester Street Extension (41-480 portion) SE48-3064 (Cont 05/16/18) 5. *Margaret T. Cunningham, Trustee —103 & 105 Eel Point Road (32-5&6) SE48-3076 (Cont 05/16/18) 6. *Town of Nantucket — 54 Low Beach Road (74-4) SE48-3079 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Charles Gibson, Town of Nantucket — This is to demolish an abandoned cinderblock structure, leveled to grade. It is within a coastal dune. We don't know how deep the slab goes and want to disturb as little as possible; thinks stripping out the asphalt would cause more damage than necessary. U.S. Coast Guard built it in 1953; the Town took possession in 2017. Asked for a 2 -week extension. Public None Discussion (4:05) Erisman — Would want to get the slab removed and area planted with beach grass. Staff This is within a Massachusetts Natural Heritage (MhlH) area and waiting to hear from them. Motion Continued to 05/16/18 by unanimous consent. Vote N/A 7. *Mark & Elizabeth Norris — 31Pilgrim Road (41-97) SE48-3078 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — This is for residential redevelopment within the buffer to a bordering vegetated wetland, which is on Nantucket Island Land Bank property. The area is stabilized with vegetation and has historically been a mowed lawn. No waivers are required. All pool equipment will be contained within the cabana footprint. Some plantings, Leland Cyprus and privet, will occur within the 50 -foot buffer. Public None Discussion (4:09) Golding — If the pool were discharged outside the 100 -foot buffer, it looks like it could run back into the wetland due to the slope of the land. Erisman — The property boundary should be marked so that no unpermitted cutting will occur on the Land Bank property. Steinauer — The Leland Cyprus are planted very close together and on the property line; they will expand into the neighbor's property. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 8. *Nantucket Land Bank — Miacomet Pond (381 -non -assigned Great Pond) SE48- (Cont 05/16/18) Page 1 of 4 2018, adopted Mav 16 9. *Bori & Desi Ivanov —139 Polpis Road (44-7.2) SE48- Sitting Bennett, Erisman, Steinauer, LaMeur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representativ Art Gasbarro, Nantucket Engineering & Survey — This is for development of a vacant lot within the buffer to a bordering vegetated wetland and priority estimated habitat; we've got Massachusetts Endangered Species Act sign off. There is a man-made pond on an abutting property and looks like on area might have an area of wetland soil with no liner; we are treating that as wetlands with an associated resource boundary. Propose a silt fence and no work or disturbance within that 25 -foot buffer. The dwelling, which has not yet been designed, would be outside the 50 -foot buffer. North half of the property is subject to a conservation restriction; no work is proposed within that corner; the eastern corner has a no -structure restriction so that will be where the septic will go. Only waiver would be for 2 -foot separation from groundwater should it be encountered. Public None Discussion (4: 5) Golding — Asked why the footprint can't be moved out of the 50 -foot buffer. Gasbarro — It isn't likely to move up the hill at all. Erisman — Asked if there would need to be a retaining wall for the house. Gasbarro — No, the slope is inside the 25 -foot buffer. Asked for a two-week continuance. Staff Any structure larger than the proposed 1500 square feet would require and amended order. In regards to the wetland boundary, issued an enforcement order for the property two houses over and will be issuing for the property with a pond on it. Don't have a Department of Environmental Protection (DEP) number so it needs to be continued. Motion Continued to 05/16/18 by unanimous consent. Vote N/A III. PUB LIC MEETING A. Requ sts for Determination of Applicability 1. Zeiff 51 Millbrook Road (56-235 & 241.1) Sitting Erisman (acting chair), Steinauer, LaFleur, Champoux, Golding, Topham Documentatio a Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (4.23) None Staff This is Jeff Blackwell's project and he's won't be here. This could be held to the end of the agenda. Motion Continued to 05/16/18 by unanimous consent. //Bennett recused Vote N/A B. Minor Modifications 1. D. L. Winger and B. L. Waldman — 5 Old Quidnet Milk Route (20-54.1) SE48-2986 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Staff They need a new septic so are installing an I/A in place of the current tank. Recommend it be issued as a minor modification. Discussion (4:2) None Motion Motion to Issue as a minor modification. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously C. Certificates of Compliance 1. Pippins Way Homeowners Association Trust — 12 Gardener Road (43-94.2) SE48-2034 (Cont 05/16/18) 2. Town of Nantucket —15 Harbor View Way (42.4.2-9) SE48-2766 Sitting Bennett, Erisman, Steinauer, Lafleur, Champoux, Golding, Topham Staff This is for the Children's Beach boat ramp. Everything is in compliance with no on-going conditions. Discussion (4:2) None Motion Motion to Issue. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously D. Orden of Condition 1. Heather's Heaven, LLC —13 C Street (60.2.1-76) SE48-3075 Sitting Bennett, Erisman, Steinauer, LaMeur, Champoux, Golding, Topham Staff This is for replacing the patio with a raised deck and vegetation management program. He will add Condition 25 about no cultivars Discussion (4:2 Erisman — Asked for a condition of no cultivars within the 50 -foot setback. Motion Motion to Approve as amended. (made by: Golding) (seconded by: LaReur) Vote Carried unanimously Page 2of4 Minutes for May 2 2018 adopted May 16 2. Mark & Elizabeth Norris — 31Pilgrim Road (41-97) SE48-3078 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff No additional conditions. Pool discharge is covered under Condition 21. Will add Condition 23 about marking the property boundary. Discussion (4:30) Golding — Asked about discharge of the pool. Erisman — Asked if the boundary marker should be conditioned. Motion Motion to Approve as amended. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously E. Monitoring Reports 1. Siasconset Beach Preservation Fund (SBPF) — 87-105 Baxter Road(48-multiple) SE48-2824 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Representatives Jamie Feeley, Cottage & Castle Steven Cohen, Cohen & Cohen Law P.C. Public Emily Molden, Nantucket Land Council Peter Sutter, Inquirer & Mirror Staff In the past we posted these in for informational purposes. SBPF, however, wanted to provide an update on Baxter Road report. Asked when the next quarterly transect report will be ready; that report will contain actual survey data to compare to the previous quarterly reports. When he gets the quarterly transect report and flow survey, he will put it on the agenda for a Q&A. Discussion (4:45) Cohen — There were comments filed by Nantucket Coastal Conservancy and interest shown at the annual report review about this quarterly report after the heavy storm season. Bennett — Asked about a shift in the structure. Feeley — The North end return fell back on itself but kept its form. Golding — Asked when the template stopped giving sand into the littoral system during the storm events. Feeley — When the material on the face is taken in the first high tide, that is the first loss into the system. Generally speaking there is a lot of material seaward that survives more high tides. Cohen — This quarter is the first time there has been a breech on the third tier. Golding — Asked the how much time passed between losing all that sand and being able to put it back down. Feeley — To date we've renourished about 10,000 cubic yards; cited dates the sand was delivered to the site. Cohen —The bags became exposed but weren't giving sand during the storm as well as some time after the storm it wasn't giving sand. Erisman — At the March 28 review, it was stated the template was exposed on the front and they hadn't been able to get the bulldozer to out there to recover the template. Asked when the structure would be fully covered. Feeley — Sand was delivered March 12, 14, 16 with additional delivery on March 26 to the southern end. There was also maintenance going on during that time. We got it partially covered between storms. Erisman — In the future we should have photo evidence of the structure fully recovered with sand and able to perform like a bluff as well as the date that is accomplished. Discussion about having sand available between frequently successive storms. Feeley — He's doesn't know specifically when the quarterly transect report is coming out but understands it is coming hopefully by the end of Spring. They did end up buying a bulldozer to be able to respond more quickly; it is exclusively for the maintenance of this project. It will be stored near the site. Cohen — It is in SBPF's best interests to get the bags covered as quickly as possible to prevent W damage. Molden — Wants to support the question about the duration the tubes were exposed and finding a good way to document that. It's important to the puzzle when we're having conversations about how much nourishment is needed on an annual basis. There's a section in the report as to whether or not there was flanking and it says none noted; photos would help in that everyone could decide whether or not there was flanking. Bennett — There was obviously some flanking Carlson — There is a difference between end scour and flanking; getting behind the structure would be flanking. In his opinion, there was definitely end scour but not flanking. Cohen — In terms of reporting, he can commit that SBPF will augment future reports to address comments made. Redesigning the returns will require an amended order. Sutter — Asked when that report might make it to the agenda. Discussion about a the ball -park date for the submission of that report. Page 3 of 4 Minutes for May 2, 2018, adovted Mav 16 F. Other Business 1. Approval of Minutes for 04/25/2018: Adopted by unanimous consent. 2. Enforcement Actions a. 195 Hummock Pond Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was self-reported by the homeowner for unpermitted cutting that encroaches across the property line. They've engaged Site Design Engineering and will be in at the next meeting. Discussion (4:14) None Motion Motion to Issue the enforcement order. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously b. 54 T fiacomet Avenue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Update: The homeowner will be at the next meeting. Discussion (4:7) None c. 133 135, & 137 Polpis Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Update: Issued a stop work order to 137 Polpis Road. They hired David M. Haines, Haines Hydrogeologic Consulting. Other properties might not be aware the work impacted them. Discussion (4: None 3. Repo s: a. CP , Golding — Presentation by Professor Marty Hylton of the University of Florida at Athenaeum about sea -level rise on Tuesday, May 22, 2018. He'll get back to the commission with the time. b. NP DC, Bennett - None C. Mos uito Control Committee, Erisman - None 4. Commissioners Comment a. Erisman — In regards to an enforcement across the road from 158 Polpis, the cedars we asked them to plant look dead. Asked if they will be coming in with a plant report. Staff — That is on Nantucket Islands Land Bank property, they will be providing a report. Holly Farm and another are also due for a report. 5. A strator/Staff Reports a. No Motion to Ajourn: 5:16 p.m. Submitted b Terry L. No on Page 4 of 4