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Home My WebLink About2013-2-6Minutes for Febm 6 2013 adopted Mar. 13 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www nantucket -ma eov Wednesday, February 6, 2013 4:00 P.M. 2° Floor Training Room, 4 Fairgrounds Road RECEIVED Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smith, Jennifer Karberg, Andrew Bennett Ian Golding Michael Glowacki 7013 (SBA iS pfd 7 24 Called to order at 4:02 p.m. NANTU�atET TOWN CLERK Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Minutes er Attending Members: Steinauer, Oktay, Kerberg, Braginton -Smith, Bennett, Golding, Glowacki Absent Members: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment - None IT. PUBLIC HEARING A. Notice of Intent 1. Sunset House LLC —15 Hallowell Lane (30 -10) SE48 -2508 (cont to 2/20/2013) 2. Nantucket Land Bank — 27 North Cambridge Street (38 -24) SE48 -2527 Sitting Oktay (acting), Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused Steinauer Documentation Supporting documents and plans. Representative Bruce Perry, Nantucket Islands Land Bank — Revised plans showing location of deck outside the 25 -foot buffer but within footprint of house. Public None Discussion None Staff Clarified where the driveway will go. Have everything necessary to close. Motion Motion to Close. (Bmginton -Smith) seconded Vote Carried Unanimously e,wt 3. *Nantucket Westmoor Farms, LLC — 22 Pilgrim Road (41 -823) SE48 -2528 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Terry Eldridge — Existing drive & utilities that cross abutter's property. Propose section of drive and to move utilities from pilgrim road to existing drive. Drywell is for downspouts and gutters to prevent run off. Public None Discussion None Staff Work is outside the 75 buffer. Have everything necessary to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously Page 1 of 9 Minutes for February 6. 2013. adorned Mar. 13 a =10 4. *Robinson— 9 North Beach Street (42.4.1 -94) SE48 -2535 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Steve Sullivan, Erwin & Sullivan — Remove/replace dwelling on a raised foundation. Location is in flood zone (land subject to coastal storm flowage). Public None Discussion Question about closing without a de- watering plan. Staff Not proposing any grading or changing to topography except for sloping away from house. Would dewater into the Town sewer system with an administrative sign off. Have everything necessary to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 00 5. *Ryan -10 Tautemo Way (83 -11) SE48 -2529 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bob Emack — Boarders vegetative wetlands, single - family dwelling and shed. Move the shed and construct a garage in its place, rebuild the dwelling on add a crawl space. Unpermitted cutting was done, which the owner tried to restore. Request continuance. Public Bruce Petry, Third -party Consultant Conservation Commission — If the 25 -foot no- disturb buffer is going to be restored, it must remain undisturbed thereafter. Discussion Need a planting plan and photos and monitoring to ensure cut area is properly restored. Discussion about plants to be used in the restoration. Staff All intrusions are outside the 50 -foot buffer. The un- permitted cutting work needs to be addressed; whatever brings it back into compliance would be appropriate. Motion Continued to 2/20/2013 Vote N/A Page 2 of 9 Minutes for February 6. 2013, adopted Mar. 13 0 -) 6. *Squam Partners, LLC — 89 Squam Road (13 -3) SE48 -2530 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Work is to install a septic with soil absorption system outside 100ft buffer and tank outside 50ft buffer. Drive, utilities and well also to be installed. No work within 25 -foot buffer. Under concurrent review by Massachusetts Natural Heritage. Request continuance. Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public Emily MacKinnon, Nantucket Land Council — Asked if there was a waiver request in the narrative for ground water separation. Nantucket Land Council has a conservation restriction on the property. A previous effort to put in a structure resulted in a permanent de- watering system; concerned about a future structure and what will happen with the groundwater and what type of basement will go in. In light of the fact there is no house design, granting a waiver for lack of separation from ground water seems a backwards way to do it. Discussion A waiver was requested based on soil testing at 3 feet; no way to put in a foundation without being within 2 feet of ground water. Everything upland of the silt fence will be disturbed, and silt fencing will remain until after dwelling is constructed. Discussion about whether or not to grant a waiver for the ground water separation. Staff Without knowing what the house will look like or what type of foundation will be built, it is best to wait for the actual application. An amendment will probably be the way to go when the applicant returns for the structure. Motion Continued to 2/20/2013. Vote N/A (aa9 7. *Cohen & Christman — 24 Medouie Creek Road (20 -2) SE48 -2531 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbavo, Blackwell and Associates Inc — Clearing and landscaping within buffer to vegetative wetlands. Leaving more than 50% of vegetation between 25- & 50 -foot buffer untouched; clearing round house and plant Cape Cod mix grass. Under concurrent review by Massachusetts Natural Heritage. Request continuance. Public None Discussion Between 25- & 50 -foot buffers, leaving of 50% of vegetation applies only to bordering vegetative wetlands. Question about dealing with re- sprouting woody vegetation; it will be a maintenance effort. Need to establish what will be and will not be allowed to grow back. Staff Existing front retaining wall was permitted. Motion Continued to 2/20/2013. Vote N/A Page 3 of 9 Minutes for February 6. 2013, adouted Mar. 13 t.,r» 8. •Sankaty Head Golf Club — 315 Polpis Road (25 -6) SE48 -2532 Sitting Oktay (acting), Braginton - Smith, Bennett, Golding, Glowacki Recused Steinauer, Karberg Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Septic upgrade work outside Mass Habitat area and outside 50 -foot buffer ; leech outside 100 -foot buffer. Public None Discussion None Staff Have everything necessary to close. Motion Motion to Close. (Bennett) seconded Vote Carried 5 -0 9. *Rupp & Butswinkas — 6 Harbor Terrace (55 -51) SE48 -2533 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Vegetated Coastal bank fronted by marsh and stable. 25 -foot buffer is entirely lawn and part of structure is within 25 -foot buffer. Want to construct a pervious deck a portion of which will be within the 25 -foot buffer. Northwest corner has a small water feature within -25 -foot buffer; propose to replace with a hot tub with equipment inside the dwelling. Public Bruce Perry, Third -party Consultant Conservation Commission — Speculate that the property abuts Town land and owner should ensure whether or not the Phragmites are on Town land. Discussion Water feature is surrounded by trees, question if they would be removed; some pruning will take place but not removal. Phragmites growing on the bank underwent - vista pruning; no additional cutting or priming is proposed within the buffer; removal of phragmites can be put into the order of condition. Question about where hot tub would drain; through a drain in the house into the sewer system; if it is a saltwater tub, draining will have to be addressed. Staff Have everything necessary to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously Page 4 of 9 Minotes for Febru uv 6 2013 adopted Mar. 13 (I -) 10. *Welsh— 101 Eel Point Road (32 -7) SE48 -2534 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — House was constructed in 1960 without significant alterations; propose a Coastal Bank Stabilization similar to that at 93 &99 Eel Point Road. 20 -feet across property before turning back toward the bank. Bank has suffered serious erosion over this past year. Presently have an aluminum, retractable beach stabs. Request continuance. Public Emily MacKinnon, Nantucket Land Council — There will certainly be more applications like this; it is important to apply same conditions to each project. Would like to know what the annual erosion rate is and be ensured that replenishment will match that. Discussion One 25 -foot bag will be Quoi as opposed to Jute and run the extent of the project. Will be monitored spring and fall and after significant storm events. Would like Work to be coordinated with work on abutters property; if that is not possible, access will be from 40'" pole. Presently proposing to plant only the bank as the upper portion is nearly vertical. Should have similar reporting requirements as the abutter. The abutter project had a very diverse planting plan and had a fall -back plan. There is the alternative to move the structure away from the coastal bank. Staff Constraints would be the same on this as for the abutters. Site is within Mass Habitat. Have not received Massachusetts Natural Heritage comments. Will add a condition that the applicant must provide a copy of permission from the Town to access across Town property. Motion Continued to 2/20/2013. Vote N/A 11. Water's Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 4/3/2013) B. Amended Orders of Conditions 0 w1 I. *Sacerdote — 19 Kimball Ave. (30 -29) SE48 -2491 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, G(owacki Recused None Documentation Supporting documents and plans. Representative Bob Emack — To replace existing stairs in same location. Public None Discussion Stairs are in good condition; and every time they are removed, it causes damage to the bank. Regulations allow for in -kind replacement. Staff There is some rot in the structural support. Can put a monitoring requirement in the amended order. Recommend close and issue Motion Motion to Close & Issue. (Bennett) seconded Vote Carried Unanimously Page 5 of 9 Minutes for Febnory 6. 2013, adopted Mar. 13 2. *Horne — 27 Woodbury Lane (41 -544) SE48 -2291 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Swimming pool outside 50- Representative foot buffer to include the fence. All work will occur in the lawn and material removed. No chlorine, no grade change. Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Jessie Dutra, Waterscape — Using non - invasive species grass. Public None Discussion None Staff Recommend close & issue Motion Motion to Close & Issue. (Bennett) seconded Vote Carried Unanimously III. PUBLIC MEETING A. Requests for Determination of Applicability (596) 1. *Nantucket Conservation Foundation (NCF) — 118 Madaket Road (40 -29.1) Sitting Steinauer, Oktay, Braginton - Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Karen Beattie, Manager of the Department of Science and Stewardship Nantucket Conservation Foundation — Removal of non -native Japanese Black Pine & a non- native partially dead White Pine within the buffer zones. Work will be by hand with chain saws and hand saws; not fertilizer; chipped on site; all chainsaws fueled and serviced outside buffer zone. Public Bruce Pent', Third -party Consultant Conservation Commission — There is a regulation about a non -native that is not invasive which allows the removal of the White Pine. Discussion Glowacki expressed his concern about regulations and naming of invasive species and the vetting process; there are non - native plants and invasive plants and work needs to be done on the list of invasive species which will protect the old sycamores, maples and elms. Oktay explained that the Invasive Plant Advisory Committee is addressing that issue. Further discussion of invasive plant identification process at the state level versus the local level. Staff Recommend Issue as Negative 3 Motion Motion to Issue as a Negative 3. ( Glowacki) seconded Vote Carried 6 -0 (msp 2. *Forsyth — 8 Gull Island Lane (42.4.3 -95) Sitting Steinauer, Oktay, Kwberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mrs. Forsyth — New addition and deck. Public None Discussion None Staff Vegetative wetlands and buffer zone runs through the property; work will be away from that. Addition will be placed on a slab foundation. Recommend Negative 3 Motion Motion to Issue as a Negative 3. ( Glowacki) seconded Vote Canned Unanimously Page 6 of 9 Minutes for Febivav 6 2013 adopted Mar. 13 �s a( 4. *17 Laurette Lane Realty Trust — 17 Lauretta Lane (14 -10.2) Sitting Steinauer, Oktay, Kazberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Install new drinking water well Arthur D. Gasbarro, Blackwell and Associates Inc — Driveway off Wauwinet Road at 50 -feet from resource area boundary. Site is limited due to location of septic follows a different route as approved but is outside the 25 -foot buffer. systems. Public None Discussion None Staff Recommend Negative 3 Motion Motion to Issue as a Negative 3. ( Glowacki) seconded Vote Carried Unanimously B. Minor Modifications 1. *Bayberry Farm, LLC — 10 Wauwinet Road (10 -13) SE48 -2157 Sitting Steinauer, Oktay, Bmginton- Smith, Bennett, Golding, Glowacki Recused Kazberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Driveway off Wauwinet Road Public follows a different route as approved but is outside the 25 -foot buffer. Public None Discussion None Staff Recommend approve as a minor modification Motion Motion to Approve. ( Oktay) Seconded Vote Carried 6 -0 2. (,,,) 3. *Dunn — 74 Millbrook Road (57 -3) SE48 -2524 Sitting Steinauer, Oktay, Kazberg, Braginton - Smith, Bennett, Golding, Glowacki Recused Sitting Documentation Supporting documents and plans. Representative Arthur D. Gasban o, Blackwell and Associates Inc — Modification is the allow work Supporting documents and plans. in previously cleared lawn area. Propane tank and de- watering are outside the 50 -foot None buffer. Public None Discussion None Staff Recommend approval as minor mod Motion Motion to Approve. ( Oktay) seconded - Vote Carried Unanimously C. Certificates of Compliance (60o 1. 'Fulling Mill Road Realty Trust —15 Fulling Mill Road (27 -8) SE48 -2405 Sitting Steimmer, Braginton- Smith, Bennett, Golding, Glowacki Recused Oktay, Kazberg Documentation Supporting documents and plans. _ Representative None Public None Discussion None Staff Recommend issue Motion Motion to Issue. ( Glowacki) seconded Vote Carried 5 -0 Page 7 of 9 Minutes for February 6, 2013, adopted Mar. 13 2. *Bayberry Farm, LLC —10 Wauwinet Road (10 -13) SE48 -2157 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Driveway addressed by minor mod. Recommend issue Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) (6Oi) 1. JAWS Hummock Pond N.T. — 289 Hummock Pond Road (83 -4) SE48 -2517 Sitting Oktay (acting), Braginton - Smith, Bennett, Golding, Glowacki Recused Steinauey Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review of conditions. Motion Motion to Approve. (Bennett) seconded Vote Carried 4- 1 /0ktay opposed (6105) 2. *Nantucket Land Bank — 27 North Cambridge Street (38 -24) SE48 -2527 Sitting Oktay (acting), Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused Steinauer, Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review of conditions and waiver. Motion Motion to Approve. (Bennett) seconded Vote Carried 5 -0 (60n 3. *Nantucket Westmoor Farms, LLC — 22 Pilgrim Road (41 -823) SE48 -2528 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review conditions. Motion Motion to Approve. (Golding) seconded Vote Carried Unanimously Page 8 of 9 Minutes for February 6, 2013, adopted Mar. 13 (am) 4. *Robinson — 9 North Beach Street (42.4.1 -94) SE48 -2535 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review conditions. No waivers. Motion Motion to Approve. ( Oktay) seconded Vote Carried Unanimously 5. *Ryan — 10 Tamento Way (83 -11) SE48 -2529 (cont to 2/20/2013) 6. *Squaw Partners, LLC — 89 Squam Road (13 -3) SE48- 2530(cont to 2/20/2013) 7. *Cohen & Christman — 24 Medouie Creek Road (20 -2) SE48- 253 1(cont to 2/20/2013) ( "q 8. * Sankaty Head Golf Club — 315 Polpis Road (25 -6) SE48 -2532 Sitting Oktay (acting), Braginton - Smith, Bennett, Golding, Glowacki Recused Steinauer, Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review of conditions. Motion Motion to Approve. (Bennett) seconded Vote Carried 5 -0 �ez> 9. *Rupp & Butswinkas — 6 Harbor Terrace (55 -51) SE48 -2533 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Oktay expressed concerns about structures within the 25 -foot buffer. Staff Conditions to address vista pruning and monitoring. Motion Staff to draft order. Vote N/A 10. *Welsh — 101 Eel Point Road (32 -7) SE48 -2534 (cost to 2/20/2013) 11. Discussion of other closed notice of intent public hearings E. Other Business 1. Reports: a. CPC — Glowacki b. NP &EDC — Bennett c. Mosquito Control Committee — Braginton -Smith d. Coastal Management Plan — Oktay e. Other, Harbor Plan Committee — Oktay; Fertilizer Committee — Stemmer 2. Commissioners Comment — 3. Administrator /Staff Reports F. Public Hearing 1. Town of Nantucket Wetlands Regulations Revisions — Schedule a special meeting for discussion of the wetlands regulations. Motion to Adjourn at 6:23 p.m. Submitted by: Terry L. Norton Page 9 of 9