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HomeMy WebLinkAbout2018-8-22ConCom Minutes for August 22 2018 adopted Sep. 5 CONSERVATION COMMISSION PUBLIC MEETING N Mr'4 T U G .t 2 Bathing Beach Road T G %N N C L F F. Nantucket, Massachusetts 02554 t� www.nantucket-ma.gov AM 9' G 24 Wednesday, August 22, 2018�� JE '6 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 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator 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. 09/19/2018) 2. *Gregory Reyes- 19 East Creek Road (55-60) SE48-3065 (Cont. 09/19/2018) 3. *Siasconset Beach Preservation Fund (SBPF) 59-119 Baxter Road (49;48 -various) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (4:01) None at this time. Staff This has been continued to establish a schedule for special public hearing. reviewed scheduled dates and location. There will no direct information taken at this time: 9/17,10/1, 10/22,11/5,11/19 & 12/3. The Sept 17 meeting will be in the 4 FGR Conference Room. Motion Motion to Continue to Monday, September 17. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 4. Crichton House Holdings, LLC —133 Polpis Road (44-19.4) SE48-3084 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting Public David Buckler, Cohen & Cohen Law P.C., for 135 and 137 Polpis Road Discussion (4:04) Haines — Reviewed the redesign of the retention basin. The slope around the pool has been mown; it will be seeded with a lime mix and hydro -seed with a wildlife conservation mix and allowed to naturalize. Buckler — His clients are in agreement with Mr. Gasbarro on the revised plans. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 5. Paul J. Brody —11 E Street (60.2.1-4) SE48-3093 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Joe Paul, BPC Architecture Public None Discussion (4:14) Madden — Reviewed supplemental information submitted at the commission's request. Bracken Engineer has submitted a letter confirming that the infiltration system can handle the run off from a 100 -year storm The structural set back to resource areas is being increased; no work in the flood zone; 50 feet away from the coastal dune and 75 feet from the saltmarsh; closest resource is the coastal bank in the flood zone. As proposed the structural decrease is 401 square feet (SF). Removing and replacing 7000 SF of existing lawn with a naturalized plant community. Feel the proposed conditions serve as a significant improvement. Champoux — Looking at how this needs to integrate into a concrete retaining wall, which falls into the definition of a structure; the rest would act like a pervious patio, which he likes. Madden —The wall is included in the structural numbers. It tapers and has no refined edge. Paul — This could qualify as a landscape wall. If it were structural, it would have to have footing. Page 1 of 5 ConCom Minutes for August 22, 2018, adovted Seo. 5 Golding — It looks like it goes down into the ground about five feet. Erisman — The only net benefit she could see is if the vegetation is focused; asked what the management ent plan is for the next few years. If the plants don't take off, people mulch and irrigate which isn't a truly natural area. Madden — Irrigation will be used only to get the native plants established. Paul — Julie Jordin, Garden Design Company, would like to be involved as Ms Erisman states. The owner is looking forward to the natural area. Suggested a condition that no mulch is to be used. Champoux — Suggested a raised line rather than drip lines; those can be easily removed once the plants are established. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 6."Kimberly Henry — 59 Squam Road (13-17.2) SE48-3103 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding Docurnintation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discuss n (:21) Santos — Reviewed a supplemental plan and additional information requested by the commission. Have received a letter from Natural Heritage and Endangered Species Program (NHESP) stating they have no concerns. Landscaping is basically lawn and beach grass. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried 6-0 //Topham recused 7. "Lauretta Lane Nominee Trust — 3 & 5 Lauretta Lane (14-53 & 90) SE48-3101 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Docurn(ntati Dn Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Public None Discuss' im (4 24) Gasbarro — The revised plan substitutes the black pines with arrow wood and vibumum. Staff Havei everything needed to close. Motion Motion to Close. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously 8. 'Holly Farm Realty Trust — 290 Polpis Road (25-3) SE48-3105 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentati n Site and topographical plans, photos, requisite departmental reports and correspondence. RepreselLtatiNe Brian Madden, LEC Environmental Public None Discussion (425) Madden — This involves a deck expansion on the northern portion of an existing house outside the 50 -foot buffer and other landscaping activities. Resource areas includes a bordering vegetative wetland, and two isolated vegetative wetlands. Landscaping includes maintenance to the existing driveway, which has some parts in the 25- and 50 -foot buffer zones; there is some reduction of driveway within those buffers. There is a prior order of conditions for a mounded septic system; the proposed grade reflects that grading and tapers it gently. Erisman — It looks like there is some clearing for the retaining wall along the east side. Madden — The clearing is at the edge of the 50 -foot buffer. The holly trees are all existing. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 9. Kevin G. Martin & Brenda Noll —15 High Brush Path (56-374) SE48-3107 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Docume itation Site and topographical plans, photos, requisite departmental reports and correspondence. Represe tativ Paul Santos, Nantucket Surveyors Kevin Martin, owner Public None Discussi n (4: 9) Santos — This is for the addition of a pool on an existing single-family lot. Resource areas are three bordering vegetated wetlands. The pool is outside the 50 -foot buffer; the entire scope of work is within the 100 -foot buffer. The pool is shallow with the grade raised to elevation 26 with minimal hardscaping. Test information, there is a waiver for groundwater separation though it is proposed to be 1.5 feet above ground water. There is existing fence to be used for the pool enclosure. Erisman — Asked if the fence is permitted within the 50 -foot buffer, if it isn't, that is not appropriate. Santos — He'd have to look at where the wetland line was when the fence was put in; it's been in for a long time. Golding — It looks like about 800 SF of patio that will receive rainwater. Martin — The patio will be bluestone 12X30 feet. The corner by the gate is 22 inches higher than the lawn. Santos —.If the commission is okay with raising the pool grade to elevation 27, they wouldn't need the waiver. Erisman — Asked if the patio grade would be sloped to elevation 24 or would there be a wall. Page 2 of 5 ConCom Minutes for August 22 2018 adopted Sep. 5 Martin —There would be a wall on the house side that would match the existing. The wall is approximately 21 inches high. Erisman — She wants to see more information on the fence within the 50 -foot no -build zone. Champoux — The fence not being shown is his only concern; he would like access to the wetland left open to wildlife. Martin — The existing fence is 20 -years old; it's split rail and has been maintained. It now has vinyl -coated wire. Erisman — If they must substantially improve the fence to meet code, it goes through the wetland and wants to see that. Golding — He'd like to see a detailed drawing of the pool and elevations. Martin —The back of the property is open; the fence is about 5 feet from the proposed patio. Santos — Asked for a 2 -week continuance to provide the request information. Staff When the subdivision went it, it was before we used hydric soil to delineate the wetland. We just did a Certificate of Compliance at the other end where the wetland line moved. We could see the gate in the fence but the rest is not visible; he believes trying to remove it would cause more damage than leaving it. Any relocation or reinstallation of the fence would have to come in for an amended order request. Motion Continued to September 5 by unanimously consent. Vote N/A 10. * Norman M. and Susan I. Fidel — 3 Cudweed Road (82-143) SE48-3106 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public Discussion (4:46) Santos — This is for an addition to an existing residential property. Resource area is a vegetated wetland. No waivers are required; all work outside the 50 -foot buffer. This is the MMD Zoning District and required a special permit from the Planning Board, which we have. The site is outside any mapped endangered species areas. A small foundation wall will support the addition. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Pine Grove ACK, LLC —18 Pine Grove Road (67-391) 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 (4:49) Gasbarro — This is to confirm the boundary area for work within buffer to a bordering vegetated wetland to reconfigure the driveway, install a retaining wall and build an addition. Staff We confirmed the wetland boundary. Recommend Positive 2A confirming the wetland boundary and Negative 3 allowing work without an NOI. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously B. Minor Modifications 1. Richard Phillips, Trustee —19 East Tristram Avenue (31-4.1) SE48-3034 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (4:52) Santos — This is to incorporate a landscape plan into the record. Reviewed the initial scope of work. Reviewed the native plantings to be used to replicate an area from which the existing house was moved. Staff Recommend issue as Minor Modification Motion Motion to Issue as a Minor Modification. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously C. Certificates of Compliance 1. Brewster — 25 Walsh Street (29-35) SE48-2440 (Cont. 09/05/2018) 2. Meyer — 41 Dukes Road (56-327) SE48-2881 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Staff They constructed a deck, installed drywells, then converted to sewer and included another deck and revegetated some areas; work is completed within compliance. Recommend issue with ongoing Condition 19 for monitoring of the area. Discussion (4:56) None Motion Motion to Issue with on-going Condition 19. (made by: Steinauer) (seconded by: Topham) Vote Carried 6-0//Champoux recused Page 3 of 5 ConCom Minutes for Au—aust 22, 2018, adopted Sen. 5 D. Ord rs of Condition 1. Crichton House Holdings, LLC —133 Polpis Road (44-19.4) SE48-3084 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff There is a finding that this stems from an April 2018 enforcement and has photo monitoring of all disturbed areas particularly the drainage swale. Most work is outside jurisdiction. Discuss on (:SO None Motion Motion to Issue as drafted. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously 2. Paul. f. Brody —11 E Street (60.2.1-4) SE48-3093 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Took notes about debris clean up and conditions on irrigation and monitoring conditions. There is a request for guarantee on the survivorship of the restoration area to be completed within that period. When they come in for Certificate of Compliance, the Conditions and monitoring of plantings can be made on-going at that time. Percentage of survival would have its own Condition. Discussion (:59) Erisman — Since the permit lasts only three years, asked if there is a way for conditions and monitoring of the vegetation, which usually goes in when the house is completed, to carry should it take a long time to put in the house. Golding — The wall footings appear to be massive; asked if they can be conditions. LaFleur — If the wall is supporting something, they should be a proportion of the height it is supporting. Motion Continued by unanimous consent. Vote N/A 3. 1 Cimt erly He — 59 Squam Road (13-17.2) SE48-3103 Sitting Benn tt, Erisman, Steinauer, LaFleur, Champoux, Golding Staff Typical pool conditions and photo monitoring of the drainage swale. Discussi Dn (5 05) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Vote Carried 6-0//Topham recused 4. Laurata Lane Nominee Trust— 3 & 5 Lauretta Lane (14-53 & 90) SE48-3101 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Made the change on the plant species; that doesn't leave a lot left to condition. Discussion (5:06) None Motion Motipn to Approve as drafted. (made by: Golding) (seconded by: Champoux) Vote Carri@d unanimously 5. 1 folly Farm Realty Trust -290 Polpis Road (25-3) SE48-3105 Sitting Bennitt, Erisman, Steinauer, LaReur, Champoux, Golding, Topham Staff No specific conditions. Discussion (5:7) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Golding) Vote Carried unanimously 6. orrnan M. and Susan I. Fidel — 3 Cudweed Road (82-143) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Will add Condition 19 that any construction access be allowed to naturally revegetate. Discussi n (5:)8) Golding — The road to be continued for construction, it should be allowed to revegetate. Motion Motion to Approve as amended. (made by: Golding) (seconded by: LaFleur) Vote Carried unanimously E. Other Business 1. Approval of Minutes 08/08/2018: adopted by unanimous consent. 2. b fonitoring Report Pocomo Neighbors — 47,53,55,57,61,63,67,69 Pocomo Road SE48-2874 Staff This was part of the site visit on Monday to see some concerns raised by the Shapiros, who are abutters. The purpose of a monitoring report is to turn attention to something so it doesn't get missed. We now know this concern has been raised. Discussi n (5:.2) Robert Shapiro, 57 Pocomo Road — Submitted photos of conditions. He has seen some erosion over 47 years and feels that if the erosion shown in the photos were natural, there would be no issue. This is man-made erosion. Suggested alternatives about how to do something about this. He should not have damage to his property so that theirs can be protected: use of another proprietor's road between protected properties; a second alternative is to install logs on his property for up to 20 to 30 feet to soften the toe in next to the sand chute; the best alternative is to move the access point to Pocomo Point where there is an established roadway in the sand. Read Paragraph 21 of the Order of Conditions about adverse impact to surrounding properties or the beach; he is asking this be amended so that the nourishing program is closer to Pocomo Point. Steinauer — Asked how long this has been in place and when the erosion started. Arthur D. Gasbarro, Nantucket Engineering & Survey, for Pocomo Neighbors — This is its second year, erosion started this past winter with the significant storms. We had five storms this winter, the February and Page 4of5 ConCom Minutes for August 22 2018 adopted Sep. 5 March storms had very hard storm surges that lasted several tides. He believes an extension of the array would be covered under the existing Order. The difficulty with moving the delivery point is the volume of sand. He thinks the discussion should continue to come up with an equitable plan; he can come back with a proposal on using the alternative proprietor's road which is at the western end rather than the middle. Golding — Asked if there is a road to the east that is within the scope of the work. Gasbarro — That road is outside the scope of work; he believes there are title issues along that one. Golding — He walked the beach and wonders how to tell the difference between potential end scour and the property receiving natural erosion if there had been no protection. Asked if there is any tangible large-scale evidence form the past that would show that. It looked like consistent movement from natural erosion. Gasbarro — The monitoring shows top of bank to preclude extreme abnormalities. The scouring is a reflection of wave activity that has greater energy to carry particles away. Reviewed the data they looked at included recent information. Erisman — By looking at the area immediately after a storm, you can see how much sand came off the coir logs and what erosion has happened on adjacent property. At the far east end, that looked like true end scour that could be easily filled in. Shapiro — The beach stairs were permitted 25 years ago and has never had to be moved. He hopes this is a one-off event but doesn't want to come back next year with the same concern. Steinauer — It might be premature. The second winter storm had an unusual impact Island wide. This might have been a situation where the pocket might have been a place that received a negative impact Golding — If we had a large-scale survey of an unprotected point, we might be better able to determine the amount of loss due to end scour. Suggested the two parties agree to an accurate survey which would provide empirical evidence the commission can act upon. LaFleur — There is no denying the west side of the Mr. Shapiro's property took a significant hit There is some erosion shown to the east. Discussion about extending the array onto Mr. Shapiro's property. Gasbarro — He will continue to monitor the situation and will review the survey information from the pre- and post -construction plans as well as current monitoring information. 3. Enforcement Actions a. Sachacha Pond Staff He will be meeting on site with Rob McNeil, Director Department of Public Works, and the land owner at Sachacha Pond; he will also coordinate a time for commissioners to be there. 4. Reports: a. NP&EDC, Bennett 5. Commissioners Comment a. Erisman — Clarified the SBPF schedule. 6. Administrator/ Staff Reports a. None Adjourned at 5:42 p.m. by unanimous consent. Submitted by: Terry L. Norton Page 5of5