HomeMy WebLinkAbout2018-9-5ConCom Minutes for September 5 2018 adopted Sept. 19
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, September 5, 2018
4 Fairgrounds Road, Training Room — 4:00 p.m.
CLERK
2111 SEF 20 AM $'- 0b
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: Golding, 4:10 p.m.
Earlier Departure:
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. *21 Crooked Lane, LLC -1 West Chester Street Extension (41-480 portion) SE48-3064 (Cont. 10/03/2018)
2. Kevin G. Martin & Brenda Noll —15 High Brush Path (56-374) SE48-3107
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors
Kevin Martin, owner
Public None
Discussion (4:07) Santos — This is the continuation for construction of a 4 -foot deep pool on a residential lot. The HDC
application is included. The fence has been added to the plan. This falls within the setback; but the original
subdivision goes back to mid -80s when no wetland was shown; a 2000 plan for septic showed a wetland farther
out. The line on the plan now was recently flagged. The pool and deck will be elevated about two feet above
existing grade; there will be a shed and bluestone patio outside the setback. Asked for a waiver for separation
from groundwater which will remain in place.
Erisman — The fact that the fence is within the 25 -foot buffer to the wetland is a concern; should work on it
be necessary, that is work within the 25 -foot no -disturb buffer; the fenced should be pulled out of the buffer.
Martin — The existing fence is split -rail with vinyl -coated wire; it has been maintained over the years.
Topham — The part of the fence within the 25 is currently in current lawn.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Topham)
Vote Carried unanimously
3. *E. Garrett Bewkes III — 67 Squam Road (13-14) 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
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Public Rich & Claudia Gatto, 69 Squam Road
Discussion (4:15) Gasbarro — This is within the buffer to a bordering vegetated wetland. Work is to shift a sand -travelled way
serving an abutter into the legal right of way. Brush cutting will have to occur with a silt fence showing limit of
work. He feels there is no adverse impact to the resource area. Asked for a waiver for a small amount of work
within the buffer based upon no reasonable alternative/no adverse impact.
R.Gatto — He feels the move closer to their house is very severe. There is an alternative so the move is
unnecessary. He measured the staked boundary and found the swath is more than six feet. The way now is
right in front of their house; the current location allows room for visual and privacy protection from traffic on
the road. The area is a wild -life sanctuary; and this will impact habitat. Spotted turtles live in the wetland.
C.Gatto — All the vehicles involved in construction have impacted their quality of life and burdened the road.
An easement could be granted to leave it where it is.
Steinauer — Confirmed this road is a private access with an easement for all to use.
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Reade — Any work on this would have no impact on existing easements; this is to move it into the legal layout
created years ago. Everyone will be able to travel the relocated road without trespassing on Squam Head, LLC
property. The existing location will be allowed to revegetate naturally.
Gasbarro — We could make a slight change; he could bring in the silt fence and limit of work area by three or
four feet. We need to stay off the edge of the legal layout Another alternative is to put in a fence along the
road. There will still be 23 feet of undisturbed thick buffer. The most reasonable alternative is that there is a
legal right of way where the road should go with no adverse impact to the resource area. He can provide a
revised plan showing the silt fence relocated to minimize the disturbed area and calculations of the disturbed
area within the 25 -foot buffer and 50 -foot buffer.
R.Gatto — He would like to see the survey.
Gasbarro — This is not a recordable survey; the site plan was measured to a reasonable level of accuracy up to
2/10 of a foot. It is the same type of survey work used to lay out all the houses in the subdivision.
Steinauer — He agrees the road should be in the legal way if all possible but he sympathizes with the Gattos.
Erisman — Asked if the easement is one or two cars wide; also what will happen where the driveway is
abandoned.
Gasbarro — The easement is one -car wide. The abandoned area belongs to Squam Head, LLC and the Bewkes
have no control over it.
Reade — This is a driveway that a lot of people have the right to use; it terminates at Bewkes' property. It will
remain simple dirt.
Erisman — If the abutters think there is adverse impact to the wetlands, suggested they should take photos and
bring them to Staff's attention.
Gasbarro — Asked for a 2 -week continuance.
Staff We can permit the wetland boundary as shown on the plan.
The easements were set in 1968.
A similar project was approved on Swift Rock Road; that permit required that the abandoned section have
posts installed to prevent people from driving off it.
The ConCom has no ability to alter granted rights or uses. We can only permit projects requested through our
process.
Motion Continued for two weeks by unanimous consent.
Vote N/A
4. *W' 'am J. & Denise C. Welsh —101 Eel Point Road (32-7) SE48-3109
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering
Public Art Gasbarro, Nantucket Engineering & Survey, for 103 and 105 Eel Point Road
Discussion (4: 9) Rits — This structure has coastal bank protection in the form of old-style, sand -filled coir rolls and rip -rap
fencing; this is a permit to install the same kind of `Wilkinson array" planted -fiber -roll protection as installed at
103 & 105 Eel point Road. The property is 27 feet wide at this location. The house is pre -1978.
Gasbarro — His client's permit was issued on the basis of a previously approved coastal engineering structure
(CES). His client supports this application.
Steinauer — We would have considered this a CES for a pre -1978 structure when it went in.
Rits — Sand delivery currently occurs cooperatively and would continue to do so for this project We don't
have Massachusetts Natural Heritage (MNH) on the property but have the same issue with 40d, -Pole access
and need that letter. The proposed nourishment is the same as approved on neighboring projects. Sand in the
existing bags would be reused to fill the new rolls, slope stabilization, or provide a surface for the new rolls.
The bags themselves will probably not be reused as they are probably worn. Asked for a two-week
continuance.
Staff MNH has 30 days to respond.
Motion Continued for two weeks by unanimous consent.
Vote N/A
5. * DICD Realty, LLC — 51B Madaket Road (41-325.1) SE48-3110
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David M. Haines, Haines Hydrogeologic Consulting
Public Steven L. Cohen, Cohen & Cohen Law PC
Discussion (5: 0) Haines — This is to install a swimming pool; there was a recent determination of applicability confirming the
resource areas, which are shown on the plan with the 25- and 50 -foot buffers. A bluestone patio will be
installed outside the 25 -foot buffer but within the 50 -foot buffer. The pool will have an autocover, which
precludes the need for a fence.
Cohen — Stated he does not believe the autocover eliminates the need for fence, only the alarm
Discussion about whether or not the autocover impacts the need for a fence or just the alarm.
Erisman — Asked about the pavers; concerned about the amount of impervious area. Would prefer smaller
pavers to allow more infiltration.
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Haines — This is the only part of the lot outside the 50 -foot buffer. On August 9, a water table test showed
water at elevation 10.9 and the pool bottom is at elevation 17.4. Asking for a waiver for separation from
ground water; discharge will be pumped out and taken off site.
Bennett — There should be an infiltration system for runoff from the patio.
Haines — He needs to check on the status of the pool autocover and the fence and incorporate an infiltration
system. Asked for a two-week continuance.
Staff None
Motion Continued for two weeks by unanimous consent.
Vote N/A
6. *Allan & Dina Schwartz — 62 West Chester Street (41-373) SE48-3111
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David M. Haines, Haines Hydrogeologic Consulting
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Steven Cohen, Cohen & Cohen Law P.C., for the contract purchaser
Public
None
Discussion (5:08)
Haines — This is for a pool in the buffer to a bordering vegetated wetland. A previous owner got permission
to remove shrub to the wetland but did not replant; that order of conditions has expired. We will finish up the
proposed work to plant from zero to 25 -foot buffer with native shrubs, leave the existing herbaceous layer,
from the 25 -foot to 37.5 -foot will be allowed to grow back as a meadow grassland; from 37.5 feet to the 50—
foot buffer would be maintained as lawn. The pool is outside the 50 -foot buffer, This is again an autocover
pool so we're not proposing a fence; but the fence can go outside the 50 -foot buffer. The 7 -foot -deep pool will
be at elevation 20.5 the same as the existing deck. They will be asking for a waiver for separation from ground
water and temporary dewatering; explained the dewatering system.
Erisman — Asked to see a copy of the expired order of conditions.
Haines — The whole back of the lot was knotweed up to the existing deck.
Golding — The dewatering as noted in the letter is confusing. It says the pool will be pumped to the Town
drainage system.
Haines — After he sent the letter, he noted he made an error in explaining the dewatering. The order of
conditions can require the vegetated buffer be completed prior to installation of the pool.
Erisman — Two property owners are listed on the NOI.
Haines — That reflects the property owner and the applicant, who is the contract buyer.
Erisman — She would like to see the existing order of conditions cleaned up then a separate application for the
pool.
Cohen — The sale of this property is contingent upon approval for the pool. He wants to avoid any delays.
Steinauer — He is more concerned that the situation be corrected than fines be implemented.
Discussion about various options that would ensure the revegetation is done.
Items commissioners want to see on the revised plan: fencing, pool equipment, grade, and lighting.
Haines — Asked for a two-week continuance.
Staff
The original 2014 Order of Conditions was granted to remove knotweed with some reporting requirements for
herbicide, replanting, and monitoring. When they filed for the Certificate of Compliance, they provided a
report on the amount of herbicide used and photos. When we did our inspection, we realized there was a host
of unfinished work. We need a permit to order all the work be accomplished.
Reviewed the original permitted plan compared to this request.
There is a similar buffer -area revegetation request for a project on E Street; the condition he used to ensure
that happens is that prior to start of work a document must be filed that shows the landowner has a contract
with a landscaper for monitoring that work. This project can be conditioned so the restoration work must
begin within a certain amount of time and, if not, the permit is subject to revocation. If that restoration work
isn't stared at that time, we revoke the permit and issue an enforcement order with punitive action.
Motion
Continued for two weeks by unanimous consent.
Vote
N/A
III. PUBLIC MEETING
A. Minor Modifications
1. Mak Daddy Trust — 68 & 72 Monomoy Road (43-119 & 115) SE48-2803
Sitting
Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Documentation
Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative
None
Public
None
Discussion (5:38)
None
Staff
Suggested this be continued.
Motion
Continued for two weeks by unanimous consent.
Vote
N/A
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B. Certificates of Compliance
1. Bre ster — 25 Walsh Street (29-35) SE48-2440 Withdrawn
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff None
Discussion (:40) None
Motion Motion to Approve the withdrawal. (made by: Topham) (seconded by: Erisman)
Vote Carried unanimously
2. Nantucket Electrical Company —1 Candle Street (42.3.1-93) SE48-2731
3. Nantucket Electrical Company —1 Candle Street (42.3.1-93) SE48-3070
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff SE48-2731 was for installation of the large pepco flood barriers; that was changed to sandbags, which were
installed. SE48-3070 is to go to modular flood -stop barriers, which are installed and in compliance.
Recommend issuing both.
Discussion (5:38) None
Motion Motion to Issue both SE48-2731 and SE48-3070. made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
4. Smith — 62 West Chester Street (41-373) SE48-2625
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff Recommend this be continued four weeks.
Discussion (5:41) None
Motion Continued October 3 by unanimous consent.
Vote N/A
5. Raja -Abdul -Karim — 61 Tennessee Avenue (59.4-102) SE48-2035
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff This was for installation of a tight tank. It is installed and meets Title 5. Recommend it be issued.
Discussion (5:42) None
Motion Motion to Issue. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
C. Orders of Condition
1. Pa J. Brody —11 E Street (60.2.1-4) SE48-3093
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff Condition 23 requires a contract and bond with a landscaper to ensure monitoring of the revegetation and
regular irrigation until plants are established.
If we condition the height of the wall, we need to indicate the interest that protects.
Discussion (5 43) Golding — Asked about high water and use of crushed stone under the deck wall.
Motion Motion to Approve as drafted. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
2. Kevn G. Martin & Brenda Noll —15 High Brush Path (56-374) SE48-3107
Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham
Staff The outstanding question was whether or not the fence inside the 25 -foot buffer be pulled out when it is
reworked.
Discussion (5:5o) Bennett — He has no concerns about the pre-existing fence.
Motion Motion to Approve as drafted. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried 5-0//Erisman opposed
D. Extension Requests
1. Siasc nset Beach Preservation Fund (SBPF) — 87-105 Baxter Road (48,49 -Various) SE48-2824
Sitting Bennett, Erisman, Steinauer, LaMeur, Golding, Topham
Staff This is for the existing geo-tube project. Asking for a one-year extension to Sept 20, 2019 to continue regular
work. He thinks this should remain open during the hearings for the other project.
Discussion Steven Cohen, Cohen & Cohen Law P.C., for SBPF — No changes are asked for, this is to keep the permit
(5:51) open so maintenance can continue during the hearings for the extension.
Golding — His concerns are the fill used doesn't match what comes out of the bluff and the fact that the
spring put pressure on the existing structure. He wants those issues addressed before granting an extension. He
took 36 samples of sacrificial material and none of it matches what comes out of the bluff.
Cohen — The fill is what was permitted and testing was done based upon the request and it meets the
standards.
Bennett — General practice is to match the beach.
Carlson — Historically we look at grain size and angularity. We could improve this by looking at the soil make
up; but we then get into custom -blending of soil. We tried doing that once before and it behaved differently
than anticipated.
Golding — The micro -fauna measured at 60/1000 of an inch microns; SBPF went with 200/1000 of an inch.
He wants to be more specific going forward.
Cohen — In terms of the micro -fauna, we can look at it to be more specific. In terms of the effect of the clay,
we've had an internal discussion about a second application to deal with the current returns. If the Commission
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is interested in seeing that addressed, he will report to SBPF that the Commission is open to seeing an
application targeted at the returns.
Carlson — Dependent upon how they want to do that: amend SE48-2824 or a new application. Once SE48-
2824 expires, it can't be amended. Leaving the permit open is better because an open permit can be altered and
amended.
Motion Motion to Issue a one-year extension to September 30, 2019. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
E. Other Business
1. Approval of Minutes 08/22/20108: Approved by unanimously consent.
2. Monitoring Report
3. Enforcement Actions
a. 133, 135, & 137 Pocomo Road — Brian Madden, LEC Environmental, put together the first draft of a restoration plan.
Anticipating the filling to come in soon.
4. Reports:
a. None
5. Commissioners Comment
a. Erisman — The Hummock Pond Road restoration has a giant stand of knotweed.
6. Administrator/Staff Reports
a. The September 17 meeting will be SBPF specifically in the 4 Fairgrounds Road Community Room at 4 p.m. Mr.
Golding will participate remotely. If the room is full and people can't get in, that causes problem. George Pucci, K&P
Law, will be there. He has set 6:30 p.m. as a rough end time.
Cohen — Suggested organizing the hears to cover specific subjects.
Discussion about how to organize the hearing with specific subjects to be discussed at each meeting and setting a
deadline date for comments and concerns.
Emily Molden, Nantucket Land Council, - The point of a public hearing is for the public to address their concerns and
they can't all get their comments in by the deadline.
b.
Adjourned at 6:14 p.m. by unanimous consent.
Submitted by:
Terry L. Norton
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