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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 Page 1of5 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 Page 2 of 5 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 Page 3 of 5 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. Page 4 of 5 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 Page 5 of 5