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HomeMy WebLinkAbout2018-9-19ConCom Minutes for September 19 2018 adopted Oct. 3 - CONSERVATION COMMISSION o�apNTUCI,F�� PUBLIC MEETING N 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Al O Wednesday, September 19, 2018 4 Fairgrounds Road, Training Room — 4:00 p.m. Commissioners: Andrew Bennett (Chair), Ashley Erisman (Vice Chair), Ernie Steinauer, David Latur, '�' �✓ Ben Champoux, Ian Golding, Joe Topham Called to order at 4:06 p.m. C-) -i, Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office 1i,dnuni�tral( Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham l ' Absent Members: Golding �'` 73 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. 10/17/2018) 2. Gregory Reyes —19 East Creek Road (55-60) SE48-3065(Cont.10/17/2018) 3. E. Garrett Bewkes III — 67 Squam Road (13-14) SE48-3112 (Cont. 10/03/2018) 4. William J. & Denise C. Welsh —101 Eel Point Road (32-7) SE48-3109 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (4:07) Rits — This is to replace the existing sand -filled coir envelopes with up -dated anchored and planted coir roles; the same as approved either side of this project. Reviewed supplemental information requested by the Commission. This is a pre -1978 home. Erisman — Asked about maintenance of the sand -drift fencing with sand delivery occurring over it. Rits — The sand would be delivered mechanically and the fence is very low. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 5. DICD Realty, LLC — 51B Madaket Road (41-325.1) SE48-3110 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion (4:11) Haines — Reviewed the building code information requested by the Commission about auto -cover pools; the international building code allows for an auto -cover in lieu of a fence; if the local building department requires a fence, they will have to come back to modify or amend the order. There will be a French drain along the edge to handle run off Lighting will be directed down and away from the wetland. The temporary dewatering process is to pump into a catch basin in the road or to an area outside the 50 -foot buffer. Discussion about whether or not the local building code requires a fence with an auto -cover pool. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Page 1of5 ConCom Minutes for September 19, 2018, adovted Oct. 3 6. All & Dina Schwartz — 62 West Chester Street (41-373) SE48-3111 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Represe itative David M. Haines, Haines Hydrogeologic Consulting Public None Discuss' n (4 18) Haines — This has the same issue as the previous application; in this case it would be easy to add a fence. Additional information requested pertained to the elevation of the pool; pool is 20.6 and ground water is at 13.4. A deck was constructed without a permit; part of this proposal is to remove that and revegetate the 25 - foot buffer with native shrubs. The pool can be emptied to outside the buffer zone. Lighting will be directed downward away from the wetlands. There is grading of about one foot around the wall. Erisman — Asked about revegetating where the unpermitted work was done. Haines — The 25 -foot buffer will be completely restored; between 25 and 37 feet, there will be meadow grass; from 37 to 50 feet the law will be maintained. Erisman — The edge of the meadowland should be marked to prevent mowing. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 7. 74 lqonomoy Rd Property Trust & Heatheridge Monomoy Trust — 74 &76 Monomoy Road (43-151/66) SE48-3114 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Docume ntation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. Public None Discussi n (4.25) Blackwell — A portion of the existing boardwalk straddles the property line. That portion will be pivoted onto one property. Staff We do have authorization from all property owners to hear the application. He met on site with Mr. Blackwell and the owner; this seemed to be the best course of action causing the least amount of disturbance. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 8. S/P Norwell —111 Washington Street (55.1.4-71) SE48-3113 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documei itation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Katie Barnicle, Wedand Scientist AECOM Public Emily Molden, Nantucket Land Council Discussi n (4:50) Barnicle — Propose to do an invasive species management plan. Want to maintain as much of the natural vegetation while the debris and invasive species are removed. Will be just cutting; not proposing any herbicide application and use upland seed mix or seed mix depending upon the location of the bare spots. The hope is the area will be more useable for recreation and wildlife. There will be no development on the property. Asking for a waiver to work within the bordering vegetated wetland area. The NOI is required because this is within the flood plain. Erisman — Asked if the cutting will be indiscriminate or if the native species will be marked. Barnicle — Plan to be on site to ensure the good stuff stays. Would like to remove the root systems for the grey willow unless the Commission is concerned about that level of soil disturbance. Steinauer — The Nantucket Conservation Foundation (NCF) injected an herbicide into the roots of a tree to kill them. Barnicle — Asked for option to use of herbicide on the grey willow be on the order of conditions. Once all the removal is complete, we can see what needs to be planted. Molden — Asked if there is a landscaping plan and where work will take place. It would be nice to have more details on the planting plan to identify what will be expected. Echoed concerns about the need for Town oversight of the work until the property is transferred. Champoux — Given what's around this, the first things that will come back in will probably be phragmites. That means there will now be additional invasive species and what was planted competing. Erisman — We can order them to come back in when they see other invasive species coming back in. Barnicle — Asked if that could be a condition. Staff Pointed out the transfer of the property was worked out at the Planning Board level and no one else knew about it until this NOI came in. Would like to know when the transfer of the property will take place. The order itself is being issued on Town property to them so would require Town oversight until such time as the property is transferred to S/P Norwell. The Town signed the application as the owner. The herbicide NCF injected into the tree roots is Imazapyr. Can condition the order that they come back before using herbicide on phragmites. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 2 of 5 ConCom Minutes for September 19 2018 adopted Oct. 3 9. *Nineteen BR Property, LLC —19 Baxter Road (49.2.3-14) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur Reade, Reade, Gulhcksen, Hanley, & Gifford LLP Stan Humphries, LEC Environmental Consultants, Inc. Public None Discussion (4:53) Humphries — Reviewed the wetland resource areas: coastal beach, coastal dune, and land subject to coastal storm flowage. Objective is to move a 3 -foot wide grass path onto this property; it falls short of the 25 -foot buffer. The existing path would be abandoned with no attempt to revegetate. This does connect to the Bluff Walk. Champoux — Asked if where the path crosses jurisdiction it becomes a water -dependent -use project Steinuaer — It's a path to the water that doesn't ends at the dune and goes into Town property; people will be walking through the sand dunes. Reade — This has nothing to do with Town property. Erisman — You can't access the water from the existing path. We don't want everyone making their own paths. Steinauer — Asked how far this is from the coastal erosion project. Erisman — Wants to know if there are any priority habitats that shouldn't be impacted. Reade — Asked for a two-week continuance. Staff Yes, it becomes a water -dependent -use project. SBPF starts in the up 50s of Baxter Road. In projects that intersect nesting areas, "implied" fencing is used to keep people away. No nests are recorded in this area. The closest nest is about 300 yards south of the Summer House pool. Could require that along the property line some shrubs be used to keep people on the appropriate path. We do not have the DEP number. Motion Continued to October 3 by unanimous consent. Vote N/A B. Amended Orders of Conditions 1. Edward G. Bayliss — 50 Eel Point Road Formerly Lot 2 Eel Point Road (32-25.1) NAN -122 2. Edward G. Bayliss — 52 Eel Point Road (32-25) SE48-2821 Sitting Bennett, Erisman, Steinauer, LaReur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (5:07) Rits — After going through the Planning Board process and Land Court, the property line has been finalized. This is to update the property line for both NOIs; there is no change in scope of work within the jurisdictional areas. Staff This also clarifies the properties for the purpose of recording with the deeds. Motion Motion to Issue the Amended Order of Conditions for NAN-122 and SE48-2821. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously III. PUBLIC MEETING A. Minor Modifications 1. Mak Daddy Trust — 68 & 72 Monomoy Road (43-119 & 115) SE48-2803 Withdrawn Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Discussion (5:11) None Staff None Motion Motion to Accept the withdrawal. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously 2. Dupuis — 41 Millbrook Road (56-69 and 70) SE48-3030 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (5:11) Rits — This was for a pool and retaining wall and additional drainage. This request is to reduce and straighten the retaining wall and reduce the size of the pool. The area in front of the wall is to be left native growth and the existing lawn left in place. Explained when the pool was filled there was overflow and the silt fence stopped the sediment from reaching the wetlands. The owner was informed that no more filling of the pool is to take place without supervision. Staff Recommend issue as Minor Modification. Motion Motion to Issue as Minor Modification. (made by: Champoux) (seconded by: Erisman) Vote Carried unanimously B. Certificates of Compliance 1. Michael O'Mara — 240 Polpis Road (26-23) SE48-2451 (Cont. 10/03/2018) Page 3 of 5 I ConCom Minutes for September 19 2018 adopted Oct. 3 2. ACK. Beach Property, LLC —120 Tom Nevers Road (91-43) SE48-2322 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff For construction of beach stairs and a path; it is in compliance. Discuss' Dn (5:16) None Motion Motion to Issue the Certificate of Compliance. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 3. rhe 3etty J. Farrell Revocable Trust — 77 Eel Point Road (32-14) SE48-2608 4. ne 3etty J. Farrell Revocable Trust — 77 Eel Point Road (32-14) SE48-2586 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff The first was for coastal stabilization which was not and will not be done. That is being invalidated The second was for demo/removal of structures. That is being invalidated. Discuss n (5:17) None Motion Motion to Invalidate SE48-2608 and SE48-2586. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 5. Bijan & Lauren R. Sabet — 77 & 79 Eel Point Road (32-14 & 44) SE48-2726 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff This order was for Lot 79 but now includes Lot 77; work on 77 is outside jurisdiction. Want a partial cert to release Lot 79 from the order of conditions. Discussi n (5:18) None Motion Motion to Issue a partial certificate for SE48-2726 to release 77 Eel Point Road. (made by. Steinauer) (seconded by: LaFleur) Vote Carried unanimously C. Orde s of Condition 1. N Vilham J. & Denise C. Welsh —101 Eel Point Road (32-7) SE48-3109 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff This is the same order issued for 93/99 and 103/105 Eel Point Road. Finding 13 is directed at this lot. Will add Condition 35 requiring repairs and maintenance be within 21 days of a storm or a request for extension in writing. Discussi n (5: 0) Erisman — Would like a condition that these be recovered within a specific time after a storm. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 2. LIICD Realty, LLC — 51B Madaket Road (41-325.1) SE48-3110 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff The Order will have to require them to come back should the fence be necessary. He can add Condition 23 that draining of pool will be outside the area of jurisdiction or to a Town drain. Discussi n (5: 9) Discussion about the need for a fence with auto -cover pools. Erisman — Asked for a condition about emptying the pool. Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 3. Ilan k Dina Schwartz — 62 West Chester Street (41-373) SE48-3111 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Normal pool stuff. Condition 23 requires a performance bond to ensure restoration and consequences for not doing the work Will Add Condition 30 requiring a marker to delineate the meadow land. Discussi (5:22) Erisman — Asked for markers to keep the meadow area from being mowed. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: LaFleur) Vote I Carried unanimously 4. 74 Mo omoy Rd Property Trust & Heatheridge Monomoy Trust — 74&76 Monomoy Rd (43-151/66) SE48-3114 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff No special conditions; pretty straight forward Discus sio (5: ) None Motion Motion to Issue as drafted. (made by: Erisman) (seconded by: LaFleur) Vote Carried unanimously 5. SIP N Drwell —111 Washington Street (55.1.4-71) SE48-3113 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff After tonight's discussion, he has a lot of revisions to make to this: oversight supervision, monitoring. Discussio (5:3) None Motion Continued to October 3 by unanimously consent. Vote N/A Page 4 of 5 ConCom Minutes for September 19 2018 adopted Oct. 3 6. Michael O'Mara — 240 Polpis Road (26-23) SE48-2451 (Reissue) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Waiting on final signoff from Board of Health; otherwise it is in compliance. Discussion (5:00) None Motion Motion to Re -Issue. (made by: Erisman) (seconded by: Champoux) Vote Carried unanimously D. Extension Requests 1. Blue Shutter Realty Trust — 4 Hulbert Ave (42.1.4-2) SE48-2582 (Reissue) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Relocation of a structure and an addition. Finishing it up. Discussion (5:42) None Motion Motion to Issue a one-year extension. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously E. Other Business 1. Approval of Minutes 09/05/2018: Adopted by unanimous consent. 2. Monitoring Report SE48-3089 - Friends of Long Pond 3. Enforcement Actions a. 36 Liberty Street Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff The letter and packet went out by certified mail on Tuesday, September 18. Discussion (5:43) None 4. Reports: a. None 5. Commissioners Comment a. Steinauer — He got a call about someone cutting a path at the end of Sachachacha Road. Concerns are it will open the neighborhood to high water. 6. Administrator/Staff Reports a. None Adjourned at 5:50 p.m. by unanimous consent. Submitted by: Terry L. Norton Paee 5 of 5