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HomeMy WebLinkAbout2019-6-19ConCom Minutes for June 19 2019 adopted (ulv 3 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 u-�yw.nantucket-ma.goy Wednesday, June 19, 2019 4 Fairgrounds Road, Training Room — 5:00 p.m. Commissioners: Andrew Bennett(Chair), Ashlev Erisman (Vice Chair), Ernie Steinauer, Davidl+aFleur, Ben Champoux, Ian Golding, Joe Topham 6 , Called to order at 5:07 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Tern Norton, Town MinutesTaker _Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham C;) Absent \Iembers: None .Agenda adopted by unanimous consent � i 'Matter has not been heard J' 1. PUBLIC MEETING A. Announcements B. Public Comment 1. Bill Grieder, 10 F Street — _addressed a diesel fuel spill at the Walter Barrett Pier; he took photos and contacted the Nantucket Fire Department (NFD) chief, who told him it was not a permitted activity. Golding — He got a call from someone who utitnessed a diesel spill, possibly today, of at least a gallon; the witness named the person thought responsible, who fuels two boats from a pickup. This witnessed asked that all steps be taken to stop this activity. Carlson —Through the NFD, no one has a permit to fuel on that pier; we are partnering with the NFD to prohibit any and all fueling at that pier. It would be best to regulate this through the fire code, which is extremely strict. Fire Chief Steve Murphy can withdraw a fuel hauling license of any commercial hauler taking fuel to the pier. _A nvo-pronged approach is signage prohibiting fuel operations and to provide a written warning to individuals who undertake fueling operations. Madaket Marine is a licensed refueling point. Staff is working with the NPD and hoping to resolve connectivity- issues for the installation of a camera at the pier. 11. PUBLIC HEARING A. Notice of Intent 1. Mart- D. Starr — 19 East Creek Road (55-60) SE48-2985 2. Gregory- Reyes — 19 East Creek Road (55-60) SE48-3065 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Sun -e} -ors Public None Discussion (5:18) Santos — _Asked the commission to continue both Items 1 & 2 to the next meeting. Explained the reasons why. Staff None Motion Continued to Juh 3, 2019 by unanimous consent. Vote N/_\ 3. Town of Nantucket — Jetties Beach, Jetties Beach Playground, the end of Jefferson _venue & Children's Beach (29-1, 29-2, Road La} -out, 42.4.2-9) SE48- 3200 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative -Mark Voigt, Facilities Manager Department of Public Works (DP\X) Public None Discussion (5:19) Voigt — We still haven't heard from Massachusetts Natural Heritage. The walkways are built and ready to be installed. People are calling asking about this year's lack of accessibility to the beaches. Staff Suggested continuing to July 3. There will be a quorum. \lotion Continued to July 3, 2019 by- unanimous consent. Vote N/A Page 1 of 6 ConCom Minutes for June 19, 2019, adopted luh 3 T. The Catherine S. Felleman Revocable Trust- T Woodbine Street (8--3-) SE48-32(_ 4 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Kepresentativc Don Bracken, Bracken Engineering Public None Discussion (5:22) Bracken - This was held for a response from Massachusetts Natural Heritage: Ther ruled no take. Reviewed project. Golding - _Asked if the installation of tank pad Wil) be able to contain a fuel spill. Bracken - He doesn't think that is required for outdoor tanks. There is no basement where it can go. Staff I fare even -thing needed to close. \lotion Motion to Close. (made bv: Champoux) (seconded l : LaFleur; Vote Carried unanimoushv e. 'Charles Johnson - 25 Old North \\Iiarf (42.3.1-262) SE48-3210 Sitting Bennett, Frisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Represell tatiVe Carlos Pena, Foth Engineering Public None Discussion (5:26) Pena -This is to replace/repair the piles supporting the cottage. The resource area is rock, intertidal shores. Explained the extent of the repair/ replacement. Today- we «ere asked to do all - piles With work in October. Steinauer - _Asked if an update plan is necessan_- noting the additional piles. Staff \\fiat we have is sufficient documentation. I fare even -thing needed to close. \lotion Motion to Close. (made by: LaFleur) (seconded by: Steinauer, Vote Carried unanimous) 6. '1 lighgarden I loldings, LLC - 49 I lulbert _Avenue (29-14&14.1) SE48-320- 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 )S w) Madden - Structural and landscaping work for a single-family dW-elling SFD,. resource areas are a ilr oj zone and coastal dune and involves some evasive species management - bitters-,veet and Japanese knona eed. Erisman - _Asked how the knona eed Would be treated. Madden - I land remove and individually treat plants if it resprouts. Nothing Will be planted in the dune once the bittersweet is removed; it's Well vegetated With natural vegetation. Staff Our performance standards prefer an elevated boardwalk. He thinks no W air er required for the imam c species removal. I lave cvcn-thing needed to close. \lotion Motion to Close. (made bv: Golding) (seconded bv: Stemauer) Vote (tarried unanimoush- 'Richard & Dianna Chesle�- - 32 \V -est Chester Street (12.4.3- 31 Lot C) SE48-32(18 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representativc Brian Madden, LEC Environmental Don Bracken, Bracken Engineering Public None Discussion (5:3v) Madden - This is a subdivided lot; resource areas are a bordering vegetated wetland on 34 \Vest Chester Street. Development is outside the 50 -foot buffer for a SFD With attached garage, utilities. and pen -lou- driveway. Will plant to facilitate absorption of Water. groundwater is lugh. Foundation is slab Wath nurumal encroachment into high groundwater; we have permission from the DP\\ to dealater into the TuWr. management system if necessan-. Bracken - '.Alost flooding is associated With the existing house. the solution is to put in a pump s, tem. The old line should be replaced, according to Rob McNeil, Director DP\V-. Erisman-AWants markers to delineate the limit of Work and protect the existing vegetation. Staff The new system Will require a filing. I lave even -thing needed to close. \lotion Motion to Close. (made by: Topham) (seconded by: Steinauer, Vote Carried unanimously 8. 'Richard F. Behrman Trustee - 2-2 Polpis Road (25-30) 5E48-3209 (Cont. to 7/3/2019) Page 2 of 6 ConCom Minutes for lune 19 2019 adopted Juh- 3 9. 'Louis B. Ames — 113A Wamvinet Road (12-45) SE48-3214 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 (5:48) Rits — This is to construct a well inside the 23 -foot buffer to the wetland resource area; the location meets Board of Health (BOH) setback requirements. Also install a water line from the well to the house; any disturbed vegetation would be replanted in kind in the buffer zone. The area has been heavily altered with fill on abutting properties. There is some landscaping but then also overgrown, semi -native vegetation. \lost disturbance can be avoided using a small drill rig. The property- is a bowl with clay_ at the bottom holding water; the well would go to the water table below that. Erisman — This is a less than ideal location; it depends on the skill of the person drilling. Bennett — They will pump a lot of water while doing that. Rits — This is an area with approached water table and the well would punch down much deeper than that. There would be no damage to the breaking the clad- surface. Bennett — They have a system that is working. Rits — Gets the sense the commission isn't feeling favorable; asked to withdraw without prejudice. Staff This is being proposed to service the existing building of Lot A,- it is currently serviced by a %veli on the contiguous lot to the south. You can uphold the standards or grant waivers. \lotion Motion to Accept the withdrawal. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 10. '36 Crooked Lane, LLC — 36 Crooked Lane (41-330) SE48-3213 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 (5:57) Rits — Brush cutting and grading outside the 25 -foot buffer; the wetland resource areas were delineated under separate RDAs and NOIs. The whole area will have a silt fence. Champoux — _asked why the whole site is being cleared. Rits — In anticipation of the development plans. The trees within the clearing area will be removed. Consensus agrees they prefer not to see the entire lot clear cut due to the existence of mature growth trees. Rits — Offered to reduce the scope of work to grading for the driveway and come back with the full development. Could clear the underbrush and leave the trees for the final design. Discussion about how to alter the plan to preserve the existing trees. Staff This Board has required things of certain size to be kept and protected; could do that here until the site design is set. Have every -thing needed to close. \lotion Motion to Close. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 11. 'Polpis Harbor, LLC — 250 Polpis Road Lot 1 (26-27) SE48-3211 12. 'Polpis Harbor, LLC — 250 Polpis Road Lot 2 (26-27) SE48-3212 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative dark Rits, Site Design Engineering Public ?Mone Discussion (6:06) Rits — Reviewed previous NOIs for this property. This is to construct separate septic systems: trenches outside the 100 -foot buffer, tanks and plumbs are outside the 50 -foot buffer, and two new wells. Erisman — She's been wondering about restoration work and the certificate to come back. _asked how- that was going. Rits — He currently doesn't have an actual survey to say if restoration has occurred; we did maintain all erosion barriers. There is no water or power going to the boathouse, which is now a shed. Staff This is the same work for abutting lots; these could be done together. In the site inspection, we looked at the path and were unable to recover any pipes that had been there and there hasn't been further cutting of the path. Also looked at the left side of the existing driveway; that was let go and we could follow the 25 -foot buffer markings just inside the brush. The boathouse had some work done on it, but the condition of the path indicates it hasn't been used in a while. Have even -thing needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 13. '.\Marsha Fader — 36 Liberty Street (42.3.4-83) SE48-3206 (Cont. to 8/28/2019) Page 3 of 6 ConCom Minutes for June 19, 2019, adopted lul 3 111. PUBLIC MEETING C. Requests for Determination of Applicability 1. Pierre Croshv — 10 Waquoit Road (89-11) Sitting Bennett, lirisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Associates Public None Discussion (6:16) Blackwell — This is to more an existing house away from an eroding coastal bank. The septic is behind the house. The area where the house currently sits u -ill be graded and naturalized after the more. Erosion on the bank is probably 2 feet a year. Staff Once thev- cross the 100 -foot buffer, they can put the structure wherever The,, cant. Recommends issuing as a Positive 2 confirming the resource areas and Negative 3 for work %vnhin the buffer. \lotion Motion to Approve as recommended. (made by: Steinauer; ;seconded bY- Champoux Vote Carried unanimoush- D. Certificates of Compliance 1. Gallagher — 4-5 AhIlbrook Road (56-232) SE48-3066 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was for a septic upgrade. The BOH has signed off on this. Discussion (6:20) None \Iotion Motion to Issue. (made by: Steinauer) (seconded by: LaFleur; Vote Carried unanimously 2. 'Down of Nantucket — Hummock Pond Road —Milk Street to Cisco Beach (66-129 SE48-243- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff There are a couple of spots that had substantial road runoff; we have Two choices: 1 issue a fnendl% enforcement for the work done and have the area reseeded with appropriate mix; 2 hold the certificate. Discussion (6:22) Consensus would like the "friendly enforcement" be issued to get the area repaired and seeded. Steinauer — Noted there is knotweed in that area that should also be removed. \lotion Continued to )ulv 3 hv unanimous consent. Vote N/.V 3. Van Vorst — 8 Old Quidnet Milk Route (20-8.6) SE48-3149 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff We need the BOH sign off. Discussion (6:25) None \lotion Continued to Jul- 3 by unanimous consent. Vote N/A E. Orders of Condition 1. The Catherine S. Felleman Revocable Trust — 4 Woodbine Street (8--3) SE48-32(14 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Draft Order of Conditions Staff None Discussion (6:25) Erisman —Talked about adding a hp to the concrete pad to contain a fuel spill. LaFleur — The pad has to be able to drain water. If vyou put a lip on it, then it has to be covered. \lotion Motion to Approve as drafted. (made by: Golding) (seconded bt: LaFleur Vote Carried unanimous) 2. Charles Johnson — 23 Old North V\iharf (42.3.1-262) SE48-3210 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Draft Order of Conditions Staff Condition 18 requires the final plan of record. Discussion (6^_at) Steinauer — Asked about an updated plan for the additional piles. \Iotion Motion to Approve as drafted. (made bi-: Steinauer) (seconded by: Golding, Vote Carried unanimous) 3. 1 lighgarden I Ioldings, LI_C — 49 Hulbert _venue (29-14&14.1) SE48-320- Sitting Bennett, Ensman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Draft Order of Conditions Staff Will add Condition 25 prohibiting fertilizer. Discussion (6 ti) Erisman — Asked if there should be something about a percentage set on the Surviving coverage after the knotweed is removed. Golding —Thee clearly want to remove the knom-eed. Bennett — .Asked if there should be a caveat against fertilizer being used. \lotion Motion to Approve as amended. (made bc: Golding) (seconded bY: Champoux Vote Carried unanimous) Page 4 of 6 ConCom Minutes for June 19 2019 adopted Jul- 3 4. Richard & Dianna Chesley — 32 West Chester Street (42.4.3- 51 Lot C) SE48-3208 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Draft Order of Conditions Staff This is similar to the last one. Condition 25 protects areas of natural vegetation. Left off the condition about debris not being left in the buffer zone. Discussion (6:33) Erisman — Wants to protect the areas of natural vegetation. \lotion Motion to Approve as amended. (made b-: Topham) (seconded by: LaFleur) Vote Carried unanimously 5. 36 Crooked Lane, LLC — 36 Crooked Lane (41-330) SE48-3213 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Draft Order of Conditions Staff Will add Condition 19 requiring a new plan showing the revised limits of brush cutting. Will add Condition 211 setting the diameter of trees to be kept. Discussion (6:36) Golding — He would also like photos of before and after. Champoux — Wants to protect any tree with a diameter over 4 inches. Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 6. Polpis Harbor, LLC — 250 Polpis Road Lot 1 (26-27) SE48-3211 7. Polpis Harbor, LLC — 250 Polpis Road Lot 2 (26-27) SE48-3212 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Draft Order of Conditions Staff These two orders are the same and can be voted together. Discussion (6:39) None \Iotion Motion to Approve as drafted for both SE48-3211 and SE48-3212. G/L (made by: Golding) (seconded by: LaFleur) Vote Carried unanimoush- F. Other Business 1. Approval of Minutes 06/05/2019 & 06/12/2019: adopted b1- unanimous consent. 2. Monitoring Report: Pocomo Neighbors — 47, 53, 55, 57, 61, 63, 67, 69 Pocomo Road SE48-28-4 Speakers _art Gasbarro, Nantucket Engineering & Survey for Pocomo Neighbors Robert Shapiro, 57 Pocomo Road Discussion (6:41) Gasbarro — The sprinklers would be turned off and sand delivered to the scour area and hand shovel sand to clean up the area. There were concerns about use of the Proprietor's \\'-ay for access. There were environmental concerns about the mulch used when knotweed area is reseeded. Shapiro — He's representing not only himself but also some of his neighbors all who have concerns about what is happening. Submitted photos of the project area being resupplied with 30-40 tons of sand in -March using heavy -dun- equipment and showing damage to the bluff There is nothing to stabilize the sand on the slope; the structure in front of the homes have vegetation in the logs above the sacrificial sand; the "hand - delivered" sand is all sacrificial. Feels sand should be deliver from the established roadway around the point. _Asked for an amendment to the Order of Condition establishing Pocomo Point as the sand delivery point. This is destroying the Proprietor's Road and bluff; we need your help. There is a project on the west side of the point where the sand is delivered through the protected property. Erisman — She walks that beach, and reports when it's uncovered. The reason the sand is uncovered and doesn't have an erosion control blanket is because we were worried sand wasn't being delivered into the system. Delivering around the point means trucking all the sand from around the point to the site, dumping it into a pile, and using additional smaller equipment to spread the sand. Champoux — Homeowners who have these in front of their homes should agree that the sand will be delivered over their own property. To Ms. Erisman's point, a bobcat would have to move sand from the pinch point to the site; that's about 100 trips across the beach would be devastating to the beach. Gasbarro — Ile doesn't see sand washing down the beach as a bad thing; it's supposed to and isn't causing any smothering. He'll look again at the stormwater runoff; that might require additional s -,,-ales or wattles. Golding — asked about delivery at the portion ends of the armoring. Gasbarro — That would spread out the impact. Proprietor's Way is a public road. Bennett — W'e would have to review the use of Proprietor's Ways. The erosion we saw- was directly related to a specific irrigation sprinkler head. Carlson —You can choose to take action; ask for further information on the roads; do an analysis for other access. Pocomo Road is at elevation 30 and the top of bank at elevation 12; that's the slope of the Way. The Porto -potty is an issue among neighbors. Gasbarro — We stopped short of the property line due to concerns about refraction; he doesn't see the sand deliven- sand being made available as an adverse impact. We can look at the water runoff again; an option is a catch basin and infiltration system away from the bank. Poop 5 of 6 ConCom'\finutes for June 19,'_019, adopted lul 3 3. Ftiforcement .Actions a. SBPF— 8--10-5 Baster Road, SE48-2824 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Slaff Had a report come in regarding sand deliven- along Baster Road; there is some level of debris in the sand. IX c went out and did an inspection of the geotubes and went through the sand dehven- records. If the sand r- no - compatible, he will have the commission ratifi- the enforcement action and order the geo-tubes be removcd vn its entiren-. SBPF isn't pleased to share the dump spot with the coir project: Thev would prefer and alternate location. I le will take a sand sample and send it off for analysis. Discussion (7:11) Burton BaMnd — Presented samples of the debris-filled sand being dehvered. The same dump spot t� u -e- for the coir project and the SBPF near the park. Steinauer — Questions trusting SBPF on their sand analysis. 4. Reports: a. CPC, Golding — Nothing to report. 1). NP&EDC, Bennett —They are asking who the new ConCom rep will be. c. Mosquito Control Committee, Erisman — Nothing to report. 5. Commissioners Comment a. Champoux — There is a long-standing problem in Miacomet Pond with an _autumn Ohre Tree and algae growing the pond. 6. Administrator/ Staff Reports a. Coastal Resiliency Committee is a new committee thatwill require a ConCom member. b. Dare LaFleur has been reappointed with Seth Engelbourg and Maureen Phillips. Thee will Stan on lul 3. Thanked the Mr. Bennett and \ir. Champoux for their sen -ice. .Adjourned at ?:28 p.m. by unanimous consent. Submitted by: Ternv L. Norton Page 6 of 6