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HomeMy WebLinkAbout2019-10-28ConCom Minutes for September 25 2019 adopted Oct. 9 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 2019 GC! 28 AM 9: 31C www.nantucket-ma.gov Wednesday, September 25, 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 5:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Absent Members: Golding Late Arrivals: Phillips, 5:08 p.m. Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements B. Public Comment — 1. Jamie Feeley, SBPF — Addressed comments made at the 9/11 meeting regarding maintenance from the 9/8 storm (Dorian). Presented at the table before and after photos, which are part of their storm reporting. Burton Balkind — He has photographic proof of the post 9/8 storm condition. Asked if there is an update on the June dumping of sand. II. PUBLIC HEARING A. Notice of Intent 1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 (Cont. 10/23/19) 2. Gregory Reyes — 19 East Creek Road (55-60) SE48- 3065 (Cont. 10/23/19) 3. *LAZ Family N.T. — 20 Waqoit Road (90-5) SE48-3131 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (5:07) Gasbarro — This is for protection of a sand dune toe using solely beach compatible sand and planting with American Beach Grass. A peer review was done, and a report prepared by The Woods Hole Group. He updated the location of the coastal bank. There is a means of access for a dump truck to deliver the sand with spreading done by small equipment. Will delineate the scope of work. Steinauer — Asked if irrigation will be necessary for the beach grass. Gasbarro — Temporary irrigation will be necessary. The sand will stop 4 feet short of the top of bank. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Engelbourg) Vote Carried unanimously 4. Phil Pastan —111 Eel Point Road (32-3) SE48-3231 Sitting Erisman, Steinauer, LaFleur, Topham, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Stan Humphries, LEC Environmental Public None Discussion (5:12) Humphries — The last discussion was about whether or not this is a dune and a condition to postpone construction to assess its function; we will accept that condition. The landward migration of the dune is limited by the coastal bank. Steinauer — Asked if it is eroding. Humphries — Since the last storm, we've been able to track wind-blown sand and ascertain the volume. Steinauer — Using a sand drift fence to stop erosion is one of the least detrimental means. He doesn't think they should get punished for trying to do the right thing by first trying the least detrimental means. The front yard is habitat. Erisman — The expert identified it as a coastal dune; this could be a natural buildout of a dune and it goes against our regulations to impede the movement of a dune. She wants to see if the dune establishes itself first. Discussion about the status of the dune and monitoring it for a year. Page 1of7 ConCom Minutes for September 25 2019 adopted Oct 9 Phillips — Putting in monitoring as a condition makes sense to her. She doesn't want them to wait until something drastic happens. Staff This is an opportunity to actively monitor the site for changes and reevaluate in a year. Have everything needed to close. Motion Motion to Close. (made by: Phillips) (seconded by: Topham) Vote Carried 5-0 (Engelbourg, recused) 5. Gisela Leinhard —11 Jonathan Way (75-42) SE48-3217 (Continued. 10/09/19) 6. 115 Baxter Rd, LLC and 117 Baxter Rd, LLC —115 & 117 Baxter Road (75-42) SE48-3232 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Steven Cohen, Cohen & Cohen Law P.C. Public None Discussion (5:25) Gasbarro — This is for the relocation of the residential structure; we've provided supplemental information following the discussion of the reuse of the current foundation and keeping the driveway outside of the 25 -foot buffer. The driveway will be shell or gravel. Staff Have everything needed to close., Motion Motion to Close. (made by: Topham) (seconded by: Engelbourg) Vote Carried unanimously 7. Ceylon Elves, LLC — 3 Wyers Way Lot A (41-380) SE48-3230 (Continued. 10/09/19) 8. Ceylon Elves, LLC — 3 Wyers Way Lot B (41-380) SE48-3229 (Continued. 10/09/19) 9. *262 Polpis Nominee Trust — 262 Polpis Road (25-1) SE48-3240 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Mark Cutone, Mark Cutone Architecture Steven Cohen, Cohen & Cohen Law P.C. Don Bracken, Bracken Engineering Public None Discussion (5:27) Madden — Reviewed the 2-for-1 mitigation planting area for the cabana: 2900 square feet planted with native shrub. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Engelbourg) Vote Carried unanimously 10. *Chuckrow Nominee Trust — 25 Quaise Road (26-12) SE48-3241 (Cont. 10/23/19) 11. *Olson Realty Trust —197A Madaket Road (38-58.1) SE48-3242 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering Public None Discussion (5:28) Bracken — this is to upgrade a failed septic with an I/A system. Within land subject to coastal storm flowage. Property is elevation 8 in Zone E elevation 9. The proposed system will be in a disturbed area and requires a slight mound to get the 6 -foot groundwater separation. All areas will be revegetated when complete. Staff Have everything needed to close. Motion Motion to Close. (made by: Engelbourg) (seconded by: LaFleur) Vote Carried 12. *Peter L. O'Brien and Natalie V. O'Brien — 36 Low Beach Road (74-55) SE48-3245 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (5:30) Santos — This is for a pool, associated structures, utilities installation, grading and landscaping within buffer to a coastal dune. Work is within the 50- to 100 -foot buffers. We made a filing with NEHSP and are awaiting their response. The site is connected to Town water and sewer. The 100 -foot buffer bisects the pool- Footpaths will be maintained. Will meet all discharge conditions. Asked for a two-week continuance. Erisman — Her only concern is the proximity of the pergola to the habitat line; N EHSP will address that Staff None Motion Continued to October 9, 2019 by unanimous consent. Vote N/A Page 2 of 7 ConCom Minutes for September 25 2019 adopted Oct. 9 13. *Timothy M. and Lea Stevens — 45 Starbuck Road (59.3-50) SE48-3244 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Public None Discussion (5:35) Madden — This is for a pool and patio and related septic work. Resource areas are land subject to coastal storm Towage, bordering vegetated wetland, and off-site coastal bank. Pool is located greater than 50 feet from all resource areas. The pool has been designed so as to maintain the 2 -foot separation from high ground water. Septic lines will be realigned with new tanks. Will dewater toward dirt bags in existing lawn. No waivers are required. We show the terminus of the coastal bank to show the pool is outside that buffer zone. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Phillips) Vote Carried unanimously 14. *Arthur H. Patterson and Nancy R. Chiswick — 42 Meadowview Drive (56-296) SE48-3243 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental Public None Discussion (5:42) Madden — This is for a sewer connection. There is a pond with bordering vegetated wetland in the back. The current septic is within existing lawn. Must intrude into the buffer to run the line out to Town sewer. Existing tank and leach field will be pumped and abandoned. Staff Our site inspection indicated most of the lot is undisturbed. Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 15. *Great State Properties — 92 Washington Street Extension (42.2.3-22) SE48-3246 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Leo Asadoorian, Blackwell & Assoc. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (5:44) Asadoorian — Resource area is land subject to coastal storm flowage. Erisman — It's on the ground the way it was initially permitted. This is in a velocity zone. Topham — If you flip it, it creates a large gap slowing down the water runoff. Reade — The existing house precedes 1984 waterways regulations. The increase in footprint is more than 10% and requires a variance, so it might not be licensable. This has to be raised to comply with the flood plain regulations so that isn't an issue. Erisman — She doesn't feel comfortable with this move. Engelbourg — Would like them to look at an alternative location. Reade — Asked for a 4 -week continuance to allow time to review alternatives. Asadoorian — That also allows time for a velocity zone model. Staff None Motion Continued to October 23, 2019 by unanimous consent. Vote N/A III. PUBLIC MEETING C. Requests for Determination of Applicability 1. Linda D. Wolfe — 6 Wamasquid Place (56-113.7) Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Wolfe, owner Public None Discussion (5:56) Wolfe — We are hooking up to Town sewer. The line will run to Marsh Hawke Lane. We are close to the 50 -foot buffer and will have to dig out the septic tanks. Staff This is a request for the bordering vegetated wetland resource area. Abandoning the existing septic and hooking into Town sewer. Recommend Positive 2 confirming resource areas and Negative 2 for work in the resource area. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously Page 3 of 7 ConCom Minutes for September 25, 2019, adopted Oct. 9 2. James & Sarah Tyler — 47 Millbrook Road (56-231) Sitting Erisman, Steinauer, Lafleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering Public None Discussion (6:00) Bracken — To confirm the wetland line established by Brian Madden, LEC Environmental- Staff nvironmentalStaff Confirmed this boundary. Recommend a Positive 2. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 3. Peter L. O'Brien and Natalie V. O'Brien — 36 Low Beach Road (74-55) Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (6:01) Santos — This is to confirm resource areas, the coastal dune line. It is within Massachusetts Endangered Species Act jurisdiction and outside 100 -year flood zone. Staff Recommend a Positive 2 confirming the resource boundary. Motion Motion to Approve as recommended. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously D. Minor Modifications 1. Lorusso — 316 Polpis Road (25-7) SE48-2922 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (6:03) None Staff We approved this for a site redevelopment. They did some modification to the location of the pool and installed steps and a fire pit. Northwestern edge will not be disturbed. This qualifies as a Minor Modification. Motion Motion to Approve as a Minor Modification. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously 2. J. J McAtee Jr. 1996 Revocable Trust Agreement — 226 Polpis Road (26-22.4) SE48-3186 3. J. J McAtee Jr. 1996 Revocable Trust Agreement — 220 Polpis Road (26-22.1) SE48-3185 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (6:05) Rits — On 226 Polpis Road, we want to place the stwer tanks further from the bordering vegetated wetland 25 - foot buffer zone. On 220 Polpis Road, we are proposing essentially the same thing, partially- outside the 50 -foot buffer. Everything else will remain the same. Staff Recommended hearing the two together. Recommend they be approved as Minor Modifications. Motion Motion to Approve both as Minor Modifications. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 4. Tessa B. Cressman — 3 Wauwinet Road (20-11.1) SE48-3071 Sitting Erisman, Steinauer, Lafleur, Topham, Engelbourg, Phillips Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (6:08) Gasbarro — This is for a final landscaping plan for land partially within the buffer to the bordering vegetated wetland. No work is proposed within the 50 -foot buffer. Staff Recommend approve as a Minor Modification. Motion Motion to Approve as a Minor Modification. (made by: LaFleur) (seconded by: Engelbourg) Vote Carried unanimously E. Certificates of Compliance 1. Cambridge —10 :Xledouie Creek (20-31.1) SE48-2307 (Cont. 10/23/19) 2. Cambridge —10 Medouie Creek (20-31.1) SE48-1810 (Cont. 10/23/19) 3. Sixty -Four Walsh Street, LLC — 66 Walsh Street (formerly 64 Walsh Street Lot 1) SE48-2921 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff They are requesting a withdrawal. Discussion (6:10) None Motion Motion to Accept the withdrawal. (made by: LaFleur) (seconded by: Phillips) Vote Carried unanimously Page 4of7 ConCom Minutes for September 25 2019 adopted Oct. 9 4. Kevin G. Martin —15 High Brush Path (56-374) SE48-3107 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff This is in compliance but recommend maintaining on-going pool conditions. Discussion (6:10) None Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 5. Nantucket Harbor Properties, LLC — 8 Hulbert Avenue (29.2.3-7.2) SE48-1349 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff All work is in compliance; however, at the time they did the work the wetland line was different. Recommend issue with on-going conditions Discussion (6:11) None , Motion Motion to Issue with on -go conditions. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 6. John W. Weeks, Jr —10 Hulbert Avenue (29.2.3-7) SE48-1265 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff This is in compliance. Wetland lines shifted. Discussion (6:12) None Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Phillips) Vote Carried unanimously 7. 28 Easton Street Realty Trust — 28 Easton Street (42.1.4-15) SE48-2978 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff This is in compliance Discussion (6:13) None Motion Motion to Issue. (made by: Phillips) (seconded by: Steinauer) Vote Carried unanimously 8. Michael S. & Kristina Elizabeth Jemison —195C Hummock Pond Road (65-23.3) SE48-3127 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Staff Started as an enforcement project and was tied to a subsequent order for site work; they increased the number of plants. It is now well vegetated and growing and green. Recommends issuing a partial certificate that keeps monitoring plan going. Discussion (6:14) Mark Rits, Site Design Engineering —The aerial shows a line that was the original limit; they went beyond that, so the other order can move forward. Motion Motion to Issue as a partial certification with on-going monitoring. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously F. Orders of Condition 1. LAZ Family N.T. — 20 Waqoit Road (90-5) SE48-3131 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Adding Condition 20 about the upper 4 -feet of the bank. Discussion (6:19) None Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 2. Phil Pastan —111 Eel Point Road (32-3) SE48-3231 Sitting Erisman, Steinauer, LaFleur, Topham, Phillips Documentation Draft Order of Conditions Staff Noted some technical corrections to be made. Correcting Condition 24 about delaying construction for a rear to monitor the coastal dune. Condition 17 sets the monitoring parameters. Discussion (6:21) Phillips — Asked how often we will receive monitoring reports. Motion Motion to Approve as amended. (made by: Topham) (seconded by: Phillips) Vote Carried 5-0 (Engelbourg recused) 3. 115 Baxter Rd, LLC and 117 Baxter Rd, LLC —115 & 117 Baxter Road (75-42) SE48-3232 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Plan of record calls for the foundation to be removed when it is 5 -feet from the top of the bank; he will add that to the order as well as requiring removal of any debris that falls to the beach. Condition 20 addresses the patio within 10 feet of the eroding bank. He'll adjust Condition 21 to requires a performance bond or escrow for debris removal and to detail parameters under which the bond isn't necessary. He made sure in the waiver that retreat is mentioned. Discussion (6:26) Phillips — She would rather have a performance bond that's been paid for. Erisman — Asked about the need for a finding since we wouldn't normally permit a structure on the other lot Motion Motion to Approve as amended. (made by: Phillips) (seconded by: LaFleur) Vote Carried unanimously Page 5 of 7 ConCom Minutes for September 25 2019 adopted Oct 9 4. 262 Polpis Nominee Trust — 262 Polpis Road (25-1) SE48-3240 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Reviewed the conditions. Discussion (6:35) None Motion Motion to Approve as drafted. (made by: LaFleur) (seconded by: Engelbourg) Vote Carried unanimously 5. Olson Realty Trust— 197A Madaket Road (38-58.1) SE48-3242 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff Nothing unusual needs to be addressed. Discussion (6:37) None Motion Motion to Approve as drafted. (made by: Engelbourg) (seconded by: LaFleur) Vote Carried unanimously 6. Timothy M. and Lea Stevens — 45 Starbuck Road (59.3-50) SE48-3244 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff He didn't draft this. It doesn't require any special conditions. Discussion (6:37) None Motion Continued to October 9, 2019 by unanimous consent. Vote N/A 7. Arthur H. Patterson and Nancy R. Chiswick — 42 Meadowview Drive (56-296) SE48-3243 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation Draft Order of Conditions Staff No special conditions. Discussion (6:38) None Motion Motion to Approve as drafted. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously G. Extension Requests 1. Lorusso — 316 Polpis Road (25-7) SE48-2922 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation SE48-2141 Staff They are in the process of construction and requested three 1 -year extensions. Discussion (6:39) None Motion Motion to Approve the three 1 -year extensions. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 2. Locke — 34B Grove Lane (41-433) SE48-2416 Sitting Erisman, Steinauer, LaFleur, Topham, Engelbourg, Phillips Documentation SE48-2141 Staff Asking for a 1 -year extension. Discussion (6:40) None Motion Motion to Approve the 1 -year extension. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously H. Other Business 1. Approval of Minutes 09/11/2019: Adopted by unanimous consent. 2. Monitoring Report: None 3. Illicit Discharge Regulations Carlson — Town Admin asked for regulations to be adopted by the Select Board. They will take it up through the regular public hearing process. They are looking for ConCorn and BOH input. This to address discharge of pools within Town Erisman — Asked about exemptions; landscaping and residential vehicle washing. It is happening on property but running off property and down the road. Engelbourg — He has similar concerns where irrigation is pumping into the street Feels having exemptions creates potential issues. Carlson — Can provide comment to the public hearing to be included on the public record. We can parse that language out a bit more, so it can be included as part of the Board's comments. Phillips — Spas aren't mentioned under the definition of swimming pools; those get drained more often than pools. That should include indoor spas as well. Engelbourg — It says in the enforcement that the fine is $300 per day incurring. Unpenmitted discharge fee would be 4 times the permit fee. Carlson — The filing fee would be in addition to the fine. Motion to send initial Commission comments to the Select Board, to recommend going to a public hearing, to provide additional comments with suggested revisions and changes at the public hearing. (made by: Steinauer) (seconded by: Phillips) Carried unanimously Page 6of7 ConCom Minutes for September 25 2019 adopted Oct. 9 4. Reports: a. CPC, Topham — Start hearing request Oct 14. b. NP&EDC, Phillips — Main item of interest is discussion on the need for overall pool regulations. 5. Commissioners Comment a. Phillips — Asked about having an executive session about the lawsuit; asked if it is on the schedule. Carlson — Nothing is scheduled yet; we will schedule the executive session when litigation is in hand. We haven't been served. Town Counsel said we can report that the Select Board voted to support the Commission's denial- We can discuss that further. We know there's pending litigation; we have not yet been served the contents of that appeal. 6. Administrator/Staff Reports a. At the last Select Board meeting, Steve Bender made a comment about the "failed" street basins at Stop & Shop in Town. We have sent him information on work done in 2017. Looking for authorization to deal with this once and for all by requesting all records. This will be on next week's Select Board Agenda; he will be there. Motion to authorize Jeff Carlson to pursue the issue of catch basins. (made by: Steinauer) (seconded by: Topham) Carried unanimously Adjourned at 7:00 p.m. by unanimous consent. Submitted by: Terry L. Norton Page 7 of 7