HomeMy WebLinkAbout2019-7-17ConCom Minutes for luly 17, 2019, adopted Juh- 31
CONSERVATION COMMISSION ; , 1
PUBLIC MEETING
2 Bathing Beach Road L
Nantucket, -Massachusetts 02554
www.nantuckct-ma.goy
Wednesday, July 17, 2019
4 Fairgrounds Road, Training Room — 5:00 p.m.
Commissioners: Ashley Erisman (Chair), Ian Golding (Vice Chair), Ernie Steinauer, David LaFleur, Joe Topham,
Seth Engelbourg, and -Maureen Phillips
Called to order at 5:01 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office --dirumstrator;
Terry Norton, Town Minutes Taker
.\ttending Members: Erisman, Steinauer, LaFleur, Engelbourg, Phillips
Remote Participation: Per 940 CMR 29.10, Phillips is participating remotely_ due to distance.
Absent \Members: Golding, Topham
Furl- Departure: Phillips, 6:46 p.m.
.Agenda adopted by unanimous consent
'\fatter has not been heard
1. PUBLIC MEETING
A. Announcements
B. Public Comment — None
11. PUBLIC HEARING
A. Notice of Intent
1. Town of Nantucket —jetties Beach, Jetties Beach Playground, the end of Jefferson Avenue & Children's Beach (29-1,
29-2, Road Layout, 42.4.2-9) SE48-3200
Sitting Erisman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative None
Public None
Discussion (5:01) None
Staff We were waiting for Massachusetts Natural Heritage determination; they have 4 conditions to include in the
Order of Conditions and have authorize this for 5 years.
Have everything needed to close.
\lotion Motion to Close. (made by: LaFleur) (seconded by: Steinauer)
Voice Vote Carried: unanimously //Phillips -aye; Erisman-a}-e; LaFleur-aye; Engelbourg-a}-e; Steinauer-a%e
2. A & B Realty Trust — 14 & 20 Shawkemo Road (43-2.1 & 179) SE48-3219
Sitting Erisman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative .art Gasbarro, Nantucket Engineering & Survey
Julie Jordin, Garden Design Company
Public '_done
Discussion (5:103) Gasbarro — Reviewed a letter and revived plans submitted as requested by the commission. Within the 25 -
foot buffer, they've restricted the removal of trees of 4 inches diameter or more; asked for an exception for
Pitch Pine trees.
Engelbourg — Pitch Pine is a nesting tree for bats; asked for a time of year restriction on cutting those.
Jordin —dost Pitch Pine stands are in areas that were left on their own.
Erisman — She would prefer the Pitch Pines remain; looks like they are getting rid of more than they should
and it's a valuable habitat.
Gasbarro — He'll accept restrictions on cutting Pitch Pine. Included a list of species and the biodiversity
initiative brochure; that's what they will ultimately pick plants from.
Staff Have everything needed to close.
\lotion Motion to Close. (made by: LaFleur) (seconded by: Stemauer)
Vote Carried: unanimously //Phillips -aye; Erisman-aye; LaFleur-ave; Engelbourg-aye; Stemauer-aye
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ConCom Minutes for July 1-, 2(_119, adopted luh- 31
3. 'James M. Codec - 40 Squam Road (13-2-) SE48-3218
Sitting Erisman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental
Jeff Blackwell, Blackwell & Associates
Public R. Turcotte, Nantucket Land Counsel (_SLC)
Rick _ltherton, 48 Squam Road
Discussion Madden - This is for construction of a pool, pool house, garage and related appunenances located unr_de
the 50 -foot buffer; some regrading is proposed due to high groundwater, which is at elevation '.).4. Re-orrce
boundaries ,vere approved previously. Requesting a waiver for pool separation from ground%vaTer. Y.00f
runoff is being redirected to subsurface infiltration systems in the driveway.
Phillips - Confirmed the pool house crawl space doesn't need waivers.
Steinauer - Asked if there will be a trail or path.
Madden - The brush cutting is for the septic force main: there is proposed infill of native vegetanon. he
construction access will be left open.
Erisman - If the pool needs to be drained, a truck would need access to it.
Phillips - The 2 -foot separation for the pool, feels the waiver should be given for something that irnpro-:
the area; a pool isn't a critical item and with the patio will corer a lot of open ground.
Erisman - She agrees with '\1s. Phillips about granting -,waivers for pools.
Madden - The waiver is under no adverse impact no reasonable ahernative; deeper pools have been
permitted; the revised plans get it above groundwater and looks at flood control storage and ground,a-_iter
discharge and recharge and management of roof run off.
Blackwell - Squam Road provided the basis histoncafly for the adoption of this waiver requirement for the
purpose of providing provisions to allow excavation a temporan- holding area in areas of high ground•, ater.
Tureotte - If dewatering is necessan_-, there are a lot of sensitive areas and the commission can require i- l;e
outside ConCom jurisdiction. As far as the pool is concerned, the u-aiver indicates no reasonable akerna*_-.e:
this pool is a luxun- item that could have negative impact on the area around it. The pool house.
know what the existing capacity of the septic.
Blackwell -The septic is for 4 bedrooms; the duelling is 3 bedrooms.
Steinauer - It has never been in our pur-ieu to judge if something is or is not needed.
Madden - We will accept all n-pical requirements.
Engelbourg - Nesting season for Harriers on Nantucket is later and asked work be restncted frim '.1a -cc
through _August rather than Jul .
Atherton - He's aware of the number of abutters who have expressed concerns were but not prepared
comment. Asked this be held open to allow others a chance to comment. When he deals v,ath filling grade
meet separation requirements, he questions how much fill should be allowed_ how much is too much. 'Il:ere
have been issues with flooding of Squam Road in the past due to the prowimin- of the swamp and dIainaQe:
wants to know how the pool will be managed under those circumstances. Someurnes the commission asks fo-
an independent review of the wetland boundan-; thinks it is important to ensure the boundan r� proper'_:.
configured.
Madden - Waiting to hear from Massachusetts Natural Heritage; asked for tvo-week contmuance.
Staff Read an email from Howard Blitman, 54 Squam Road, in opposition. Pointed out that the applicant met *.he
abutter notification requirements.
We reviewed the RDA from when the boundaries were established and are comfortable "vith it.
\lotion Continued to Jul- 31 1w unanimous consent.
Vote N/A
4. ' \ILR3, LLC - 43 Shawkemo Road (2--18) SE48-3221
Sitting }.nsman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian 'Madden, LEC Environmental
Public None
Discussion x5:14) Madden - This is to permit brush cutting on a 10 -acre lot: resource areas are: three isolated vegetated
wetlands; north of the road is a bordering vegetated wetland which transitions to salt marsh: and an abutting
coastal bank. The pruning is to allow people to drive into the site. to open it up for marketing purposes. %X e
need a waiver for cutting within the buffer.
Steinauer - Confirmed there would be no soil disturbance.
Erisman - Confirmed the big trees will be left since at this time there is no plan for a house.
Sniff In sires like this, the whole site is considered Massachusetts Habitat, there are anti >egmcntanon pro%-2,1on
these projects often show a larger work area than will be needed.
He will prepare an order of conditions for the next hearing.
\lotion Continued to Juh_ 31 by unanimous consent.
Vote N/A
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ConCom Minutes for Juh- 1-, 2019 adopted July 31
3. 'Gisela Leinhard — 11 Jonathan Way (73-42) SE48-321-
Sitting Erisman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports, BOH septic permit, 2018 NCL water
Quality- Report, and correspondence.
Representative Jeff Blackwell, Blackwell & Assoc.
Public R.J. Turcotte, NCL
Claire Seaquist 10 Jonathan way
Discussion (5:41) Blackwell — This is for residential development and a MicroFAST® I/A septic. There is a bordering
vegetated wetland in the middle of the property. _A waiver is requested for the 100 -foot setback from the
wetland for the septic under no adverse impact/no reasonable alternative; it's placed as far away as possible.
1990 groundwater mapping shows the water flows southerly from the proposed leach field toward Jonathan
Way, away from the wetland. fleets the no -disturb setback requirements.
Steinauer — If this is seasonal, sometimes tight tanks are permitted.
Blackwell — He believes it will be a year-round home. Board of Health (1301-1) and DPW consider tight tanks
a system of last resort.
Erisman — Asked if the house will require a separation from groundwater.
Blackwell — Yes; if dewatering is required, there will be a temporan infiltration basin. The BOH has
approved this.
Erisman — She is uncomfortable with waivering a new septic.
Engelbourg — He feels the same waN-; doesn't feel this is the type of project normally permitted.
Phillips — _agrees; it is a slippers- slope issuing waivers for land that now would not be considered buildable.
Blackwell — The BOH has issued a permit; he feels he's demonstrated no adverse impact due to groundwater
flow and the \licroFAST® system. He believes specific questions be presented to xvhich he can respond so
they can move forward. He's willing to respond to those questions today or continue for further presentation.
There is a precedence to support permitting this.
Turcotte — Referenced a 2018 water quality report; explained why Tom Nevers Pond has some of the highest
phosphorous levels of all Island ponds. JficroF_\ST® doesn't address phosphorous. Southeast is the direction
toward the wetland surrounding Tom Nevers Pond. In 2012 an almost identical project was denied on similar
grounds.
Blackwell — Tom Nevers Pond is much farther away- from this septic to the east; feels there will be no impact
to the pond or surrounding wetlands.
Seaquist — Has concerns about this project.
Steinauer — Wants to see 'Mr. Blackwell's documentation on the groundwater flow.
Phillips — Questions if a 1990s groundwater map is still valid. Would like to see the remapping done sooner
rather than later.
Blackwell — Asked for a two-week continuance.
Staff Asked Mr. Blackwell to send the water quality- report to the office for the record.
The 46 Wauw-inet Road denial was issued as a split permit; it was compliant under the State Act. Reminded
the commissioners about how the grandfathering works. Something we lose track of the qualifier for the no -
reasonable -alternative waiver which is to allow the project to proceed in compliance with the regulations.
The Horsley Witten maps are the legal standards used b1- BOH; the Town is talking about doing an update.
Also waiting for Massachusetts Natural Heritage.
\lotion Continued to July- 31 by unanimous consent.
Vote N/A
Ill. PUBLIC MEETING
C. Minor Modifications
1. Dorris — 31 Pilgrim Road (41-97) SE48-3078
Sitting Erisman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surve}•ors
Public None
Discussion (6:02) Santos — 2018 Order of conditions issued for construction of a small section of a pool and patio in the buffer
to a bordering vegetated wetland. This is for placement on the southeast property corner a post and rail fence
abutting Nantucket Islands Land Bank and along the northerly- line to use privet instead of Leland Cyprus.
Looking to validate the as -built changes.
Staff None
\lotion Motion to Approve the minor modification. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried: unanimously //Phillips -ave; Erisman-ave; LaFleur-ave; Engelbourg-a}-e; Stemauer-ase
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ConCom Minutes for Jul- 1-, 2(119, adopted July- 31
D. Certificates of Compliance
1. '_orris - 31 Pilgrim Road (41-9-) SE48-30-8
Sitting Frisman, Steinauer, LaFleur, Engelbourg, Phillips
Staff With the approval of the minor modification, this is in compliance.
Discussion (6:06) No concerns.
\lotion Motion to Issue. (made by: Engelbourg) (seconded bv: LaFleur;
Vote Carried: unanimously //Phillips -a\ -e; Erisman-ave; LaFleur-ay e; Engelbourg-a� e; Steinauer-ave
2. 'Town of Nantucket - Hummock Pond Road - _Milk Street to Cisco Beach (66-1 _'9 SE48-2-13-
Sitting Frisman, Steinauer, LaFleur, Engelbourg, Phillips
Staff '17tere were 3 areas of drainage concern; as of today-, those areas have been raked out, repaired, and reseeded.
There are still knot -weed stands that need to be treated and removed. Work done today u asn"t done under -ht:
permit but an enforcement order.
Discussion (6:06) Steinauer - If they could treat knotw-eed as soon as it pops up, that u-ould be good. We usuall:, look at more
than two weeks to ascertain plant survival.
R.J. Tureotte, _ACL - We hold a conservation restriction on the bank in question: ACL'< concern r_ that
the certificate is issued, there is no incentive to finish the work.
Engelbourg - If we close, we can more forward with an enforcement order should it happen again. I-rom s
jurisdictional framework we have more standing to close and use enforcement if necessan.
\lotion Motion to Issue. (made b�: LaFleur) (seconded by: Steinauer,
Vote Carried: unanimously //Phillips -ave; Erisman-ave; LaFleur-aye: Engelbourg-ave: Steinauer-a% e
3. Pokoik - 21 Washing Pond Road (31-31) SE48-2041
Sitting Frisman, Steinauer, LaFleur, Engelbourg, Phillips
Staff The didn't do the work and the permit expired; seeking to invalidate the order.
Discussion (6:15) None
\lotion Motion to Accept the invalidation of the order of conditions. made bv: �-retnauer seconded
Frigelbourg)
Vote Carried: unanimously //Phillips -ave; Erisman-ave; LaFleur-ay e; Engelbourg-ave: <teinaucr-a-. e
4. Orders of Condition
1. 'Town of Nantucket -Jetties Beach, Jetties Beach Playground, the end of Jefferson _Avenue & Children'� Beach
29-2, Road Road Layout, 42.4.2-9) SE48-3200
Sitting Frisman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Draft Orders of Conditions
Staff The onh- condition that we recommend is that work between April 1 and _August 31 requires a momtor to lie
on the beach.
Discussion (6:110 lone
\lotion Motion to Approve as amended. (made by: Steinauer) (seconded by: LaFleur
Vote Carned: unanimously //Philhps-ave; Erisman-ave; LaFleur-ave: Engelbourg-aye: Steinauer a,e
2. .A & B Realty Trust - 14 & 20 Shawkemo Road (43-2.1 & 1-9) SE48-3219
Sitting Erisman, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Draft Orders of Conditions
Staff Reviewed changes reflective of discussion: Condition 20 referring to tree removal; add Condition 2:
restricting cutting of pine tree; old Condition 21 becomes Condition 22.
Discussion ((,:1t) '_done
\lotion Motion to Approve as amended. (made bv: Engelbourg) (seconded bv: LaFleur
Vote Carned: unanimously //Phillips -ave; Erisman-ave; LaFleur-aye; Engelbourg-aye; Steinauer-ave
5. Extension Requests
1. Nantucket Conservation Foundation Inc - Medouie Creek (20-23) SE48-2913
Sitting Frisman, Steinauer, LaFleur, Engelbourg, Phillips
Staff This is the Nledowe Creek phragmites removal project; asking to extend for 3 years.
Discussion (6 21) 'done
\lotion Motion to Approve the extension. (made by: LaFleur) 'seconded by: Phillips
Vote Carried: unanimously //Phillips -ave; Erisman-aye; LaFleur-aye- Engelbourg-ave; Stemauer-ay e
6. Other Business
1. .Approval of \linutes
a. ()-/03/2019: Phillips - The "S" in her name got dropped on. _Approved as amended by unanimous consent.
1).06/1-/2019 SBPF: Approved by unanimous consent:
'_. Monitoring Reports: none
3. Regulation Update Discussion:
Carlson - The regulations are overdue for review and update. Looking to have special meetings in the Fall To rev:e-.,
them..ksked for specific items to discuss.
Phillips -There are a lot of little items that could be cleaned up to make the regulations more enforceable.
Erisman - She wants to look at what qualifies as a structure: pools, bluestone patios_ etc.
Engelbourg - Wants to look at pools, invasive species removal, private organizations opening to the public- n..
enforcement.
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ConCom Minutes for July 1' 2019 adopted July 31
Steinauer — Wants to look at performance standards for handicapped accessibilin- through resource areas since that will
be coming up more.
Carlson — W'e've been thinking a lot about use of public lands; ADA access comes up a lot. We want to be careful how
we do that. We don't want people to use it as a loophole and should have strict standards for what qualifies.
Erisman — Feels Massachusetts Natural Heritage doesn't always thoroughly review projects; wants to talk about
jurisdictional habitat reviews.
Carlson — It would be good to do that but there are issues with conflicting with -Massachusetts Natural I lentage`s
regarding restrictions they might put on a project. Explained how he would like to get the resource boundan- lines on the
GIS maps by parcel.
Paul Santos, Nantucket Survevors — Asked if certain projects could be streamlined to be administrative approvals such as
for decks outside the buffer; doesn't know if the State Act allows that.
Carlson — Under the State Act, there are a group of minor activities that don't require an NOI; those activities are
specific. The Land Bank has approached us about similar things: installing posts to prevent parking on their propem ;
they also want to talk about view -shed management and what that would be.
Phillips — Would like to see some legalization of -new-shed management.
Engelbourg — Confirmed that ConCom has jurisdiction over plants going into buffer zones and can prohibit cultivars.
Carlson — We should have a condition incentivizing bio -retention as related to impervious surfaces and dealing with the
water. Thought about creating a situation where you require a level of infiltration that can't be waivered; if you can't meet
the waiver requirements, you must install a bio -retention system.
Engelbourg — Should look at square footage of the impervious surface and structures to ascertain the amount of bio -
retention that would be necessary.
Carlson —\Wants to tackle separation to ground water when applying for a waiver. No one has ever been denied the
waiver and it's never been challenged. Mr. Golding would like to discuss coastal engineering structure and qualification
for them.
_asked that if am_•one has information to share, send it to the office; they want to create a web resource area.
4. Reports:
a. CRAC, LaFleur — First meeting later this month.
5. Commissioners Comment
a. State of the Harbor presentation tomorrow at GHA'C
6. Administrator/ Staff Reports
a. None
\djourned at 7:03 p.m. by unanimous consent
Submitted by:
Tern, L. Norton
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