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HomeMy WebLinkAbout2013-6-12Minutes rot Jane 12, 2013, adopted Oct. 2 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, June 12, 2013 4:00 P.M. Community Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smith, 3nniliMl arberg, Andrew Bennett, Ian Golding, Michael Glowacki Called to order at 4:00 p.m. ti Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minuteerillakq, Rl Attending Members: Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki -i Absent Members: Bmginto m n- Smith, o E2 Agenda adopted by unanimous consent = —3 rrt CD *Matter has not been heard n p 1. PUBLIC MEETING m rn A. Public Comment 00 1. Emily MacKinnon, Nantucket Land Council— Wetland mitigation area on Hummock Pond Road Bike Path; they are still in violation and Nantucket Land Council holds the restriction on the property. The town has a legal obligation to uphold the permit. Over the past 6 months, erosion - control fencing was put up and erosion - control matting put down. However, a split rail fence was installed and still waiting on plans of elevations and how much sediment needs to be removed, what are the hydrosoils and plantings were improperly implemented. The Town is doing mitigation on private property and would like to we that more of a priority. Asked for issuance of a violation and enforcement order to require the site be rectified. The Land Council has periodically brought the situation up with the Board of Selectmen & Ms Gibson. Don't know if it's an issue with the contractor or what. Work should have been done before now. Carlson — The wetlands of the bike path is not in the most compliant state and the opening is this weekend with much work left to be done. Stated his office has been working with the contractor and their subcontractor and requested information on surveys, updates on plans and other work. The original landscaper has been released from his contract for not fulfilling his obligation. The project is now directly under Kara Buranoski, Director DPW. She and I have gone over the plans with action for that and other areas. Ms Gibson has sent a response to Mr. Collier and she has met on the site with DPW and the contractor. Town's action might be to take is not to pay until contract is complete. It is now the responsibility of DPW and myself. 2. Emily MacKinnon, Nantucket Land Council — Enforcement order for the Congdon house on Tuckemuck. Land owners have been in touch the Land Council; cleaning up the debris on the beach and bank cannot wait until next winter. 11. PUBLIC HEARING A. Noticeoflntent 1. Rowe— 137 Wauwinet Road (I1 -11.1) SE48 -2468 (cont. to 9/18) 2. •93 Squam Road N.T. —93 Squam Road (13 -1) SE48 -2565 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogcologic Consulting — Was held, no have both Massachusetts Natuml Heritage number and positive response. This is for the house and the septic all outside the 50 and 25. Public None Discussion (4:10) No comments. Staff Have everything needed to close Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried 5 -0 Page 1 of 7 Minutes for June 12, 2013, adopted Oct. 2 3. - United States Coast Guard — 10 Easton Street (42.1.4 -10) SE48- Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Matt Teeden, Project Engineer, Appledore Marine Engineering Inc. — In the fall, the coast Guard began the process of requesting dredging; over the winter, shoaling happened quicker than expected. Moving the process forward with emergency dredging procedures. Performed soil samples. Have Department of Environmental Protection (DEP) and Army Corps of Engineers (ACE) approval for emergency dredging. Material taken from basin will be deposited on the beach on the north side of Brant Point for nourishment. Reviewed findings of soil test. Public Emily MacKinnon, Nantucket Land Council — Asked why the Brant Point site was chosen over another. Discussion (4:11) Oktay — Asked if the hatchery did have to shut down due to importing water? (Answer: just one day when everything was being installed. There were no turbidity issues.) Soil information is not in the packet. Staff This came to ConCom after DEP and ACE ordered the emergency dredging; the bylaw obligates ConCom to follow suit. They had 21 days to file the Notice of Intent; this is in compliance with that. The work is complete; but ConCom can review it for additional conditions. They did have a silt curtain hung off the dredging area. No issues have came up with the abutting hatchery in regards to sand removal. The Brant Point site is an approved dredge soil site; that is why material was placed there; also the USCG is disposing of material on their own property. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: ) Vote Carried 4. *Dolphin Court R.T. — 6 Dolphin Court (42.4.1 -113) SE48 -2567 Sitting Schumer, Okay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Submit at table an overlay of existing with proposed. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Site is northeast of the Point Breeze Hotel. Entire site is within flood plain at elevation 8. Almost all is Win 50 -foot buffer. Existing garage is on a stab with concrete slab and stockade of trash enclosure. Existing garage to be demoed with new garage built outside 50 -foot buffer and attached to house. Attack Japanese Knotweed infestation; knotweed and soil to be bagged and disposed of in the digester in the Fall. Plant with native species. Dewatering is unlikely. The silt fence will be kept tight to the demolition of the garage. Request waiver under long -term net improvement. Public None Discussion (4:22) Steinauer— Suggested allowing leeway in planting native species to allow more time to eradicate the knotweed. Staff This is the same knotweed stand that backs up into the Point Breeze which has started removal along with other homeowners. Have everything needed to close Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried 5. - Fayaway R.T. — 11 Lincoln Ave. (30 -136) SE48- Sitting Steinaueq Oktay, Karberg Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Work on existing single - family dwelling close to top of Cobblestone Hill. Reviewed project and location of buffer zones. Move back to 6 feet from the bank and set on full foundation. Coastal bank is vegetated and stable and the toe is over 1000 feet from the water. Porch will be on sonotubes and the new foundation behind existing. Request waivers for work within 25 & 50 buffer of the bank and long -term benefit. Request continuance. Arthur Reade, Reade, Gullicksen, Hanley, Gifford, & Cohen LLP Public Emily MacKinnon, Nantucket Land Council — Regards to fertilizer plan has a typo. Fertilizer of 4 -6- 4; but brought this up as the commission contemplates use of phosphorous as outlined in the BMP. Discussion (4:34) Golding — Expressed concern about moving the house without damaging the edge of the bank. Staff Can add a condition that all fertilizer is used in accordance with the BMP. Motion Continued to June 26 without objection. Vote N/A Page 2 of 7 Minutes tot June 12, 2013, adopted Oct. 2 6. 'Sullivan — 60 Cliff Road (30 -65) SF48 -2566 Sitting Stemmer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Matt Tureens, Nantucket Surveyors — Construction of wood deck on existing concrete patio. Request waiver for work inside 25 -foot buffer and no adverse impact and no reasonable alternatives Public None Discussion (4:43) No concerns. Staff All materials will be stored on the existing driveway at the front of the house. Have everything needed to close Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 7. •Shimmo Hills, LLC — 9 North Road & 8 &12 Middle Valley Road (43- 131.1, 160 & 162) SE48 -_ Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Development within buffer Zone of a border vegetated wetland (B V W). Current existing single- family dwelling outside the buffer zone. Construction of two structures partially w /in buffer zone outside 50 -feet. Don't anticipate dewatering. Preserving much greater than 50% of area between 25 & 50 feet. Establish a 50 -foot no- disturb zone as opposed to a 25 no- disturb zone. Old septic systems will be abandoned and new system outside the buffer zones. Offering restricted areas to Massachusetts Natural Heritage. Request continuance. Arthur Reade, Reads, Gullicksen, Hanley, Gifford & Cohen LLP — There are four lots. Present doesn't know what the ultimate owners will want to do; showing a reasonable hypothetical layout. Individual owners will have to file new Notices or Amended Orders. Public None Discussion (4:46) No concerns. Staff Don't have a number and waiting on comments from Massachusetts Natural Heritage. Will draft an order. Motion Continued to June 26 without objection. Vote N/A B. Amended Orders of Conditions 1. K22S, LLC -22 West Chester Street (42.4.3-119. 1) NAN-1 09 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Written comments submitted at the table. Representative David M. Haines, Haines Hydrogeologic Consulting — Propose to dig out the area, fill with 1'/:- to 2- inch stone, install screw pilings through the stone, then lay water - proofing membrane and slab on top of that. There might have to be some temporary dewatering as covered in original NOI; it would be discharged through a tank and discharged into the town water system. As mapped by FEMA, the site appears to be on the edge of a 500 -year flood plain, which according to wetlands protection is not land subject to flooding. No permanent dewatering and no sump pump. Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — Have submitted requested additional information and waited for the appropriate review time. Public Susanne Howard, for Trudy Howard at 20 West Chester Street — Requested that an entire audio of past hearing and this be included in the record. Provided written comments to commissioners and applicant's representatives for the record. Reviewed highlights of comments and referenced a letter submitted May 29. Discussion (4:55) Glowacki — Asked for assurance everything requested from the last hearing has been provided. Steinauer— This was remanded by the court with three options: issue as an amended order, deny the amended order and leave the previous order in place, or request a new NOL Oktay — All water is being kept on the lot from flowing into the wetlands, so do not perceive anything changing the height of the network. Karberg — Ground water should be able to move freely around the pilings. Staff Had to re- notice the project and provide for an appropriate public review period. Have supplied specific foundation plans with specific number and configurations of the screw piles in our record. Read the letter from the geo- technical engineer. Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Page 3 of 7 Minutes for June 12, 2013, adopted Oct. 2 111. PUBLIC MEETING A. Request for Determination of Applicability 1. -Dunning —5 North Liberty Street (42.3.4 -7) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — To confirm bordering vegetative wetlands (BV W) boundary creeping into northern portion of parcel. Public None Discussion (5:17) No concerns. Staff Verify the BV W. Recommend issue Positive 2. Motion Motion to Issue as Positive 2. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 2. - Shimmo Hills LLC — 10 North Road (43 -81) Sitting Steinauer, Ol tay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Confirm resource area boundaries coastal beach and coastal bank. No work associated with this. Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Public None Discussion (5:19) Oktay — noted topography falls off on two sides. Staff Recommend a Positive 2 confirming the resource areas. Motion Motion to Issue as Positive 2. (made by: Glowacki) (seconded by: Giddy) Vote Carried unanimously B. Minor Modifications 1. Oak Hill Investments — 2 Franklin Street (41 -268 & 269 (portion)) NAN -112 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — New residence, detached garage, and wetland mitigation. Have a revised house and garage foot prints. No changes to limit of work, driveway, proposed restoration or mitigation or amount of area disturbed between the buffer zones. House has shifted 4 or 5 feet away from the wetland. Proposed curbing along the existing paved roadway. Public None Discussion (5:21) No concerns. Staff Recommend approval as a minor modification. Motion Motion to Approve. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously C. Certificates of Compliance 1. *Greenwald — 336 Madaket Road (60 -140) SE48 -2262 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:23) No concerns. Staff Madaket Road; house has been removed Recommend issue Motion Motion to Issue. (made by: Bennett) (seconded by: Ol tay) Vote Carried unanimously 2. *Lipp & Berman — 251 Polpis Road (25 -24) SE48 -2436 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion (5:25) No concerns. Staff Construction of a single - family dwelling and amended for hardscaping and a shed and small addition in compliance. Recommend issue. Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried 5 -0 Page 4 of 7 Minutes for Jane 12, 2013, adopted Oct. 2 D. Orders of Conditions (If the public hearing is closed— for discussion and/or issuance) 1. *K22S, LLC — 22 West Chester Street (42.4.3 - 119.1) NAN -109 (Amended) Sitting Steinauer, Clarity, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Invasive species on the site include: multi - flora rose, bittersweet and porcelain berry. Public None Discussion (5:26) Glowacki — Wants the site work description and narrative attached to the order. Staff Reviewed original order and new inclusions. Drainage is outside ConCom jurisdiction. Added Conditions 29, 30 & 31. Condition 29: no permanent dewatering is permitted; Condition 30: no off - site discharge of water is permitted, with the exception of temporary dewatering; and Condition 31: all material and machines to be stored on site and outside 50 -foot setback. Condition 18 requires photos of the buffer area and survey - specific site plans. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 2. -87 Eel Point Road R.T. — 87 Eel Point Road (32 -11) SE48 -2564 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbano, Blackwell and Associates Inc. — There was no previous denial. An application 4 years ago included this process. Public None Discussion (5:33) Oktay — asked is this was applied for by previous owner and what they had asked for. Asked if projects were allowed on property of "underaged" homes. Don't think patens is a good plant to allow and ask that it be removed. Have never allowed a plant from a wetlands to be planted on a coastal bank; don't see why we should encourage an applicant to do that. Glowacki —Need to be sure to base decisions on what was heard this time. Using the power of the state to regulate what people can and can't do on their property is reprehensible. Further discussion about whether or not ConCom should restrict what plants homeowners are allowed to plant. Steinauer— Suggest adding that if the plant fails, they are to be replaced with plants that do succeed. Staff Noted the Mr. Steinauer has reviewed necessary material to sit on this. Condition 17 detailed survey plan to be submitted 2 a year and post storm event with winds in excess of 40 MPH. Condition 28 require Nantucket Land Bank signoff allowing access from 40 pole. Don't recall having allowed such a project; but this has both a pre - and post -1978 structures on the lot. Conditon 31 could add that if the report shows a failure of one of the species, that percentage should be made up of one of the successful species. Motion Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett) Vote Carried 4- 2 /Oktay & Chair opposed 3. -93 Squam Road N.T. — 93 Squirm Road (13 -1) SE48 -2565 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion (5:51) No concerns. Staff No waivers required. Only condition all material stored outside 50 -foot setback. Previous order kept irrigation outside the 25 foot and directed away from the wetlands and coastal bank. Motion Motion to Issue. (made by: Golding) (seconded by: Oktay) Vote Carried 5 -0 4. USCG — Easton Street Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:53) No concerns. Staff Will draft. Motion N/A Vote N/A Page 5 of 7 Minutes ter Jane 12, 2013, adopted Oct. 2 5. -Dolphin Court R.T. — 6 Dolphin Court (42.4.1 -113) SE48 -2567 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:54) Steinauer — Suggest including the use of Renovate. Oktay — Would prefer no spraying due to precedent. Karberg — A portion of the treatment area is in the wetlands and spraying will get poison in the water. Glowacki — Would like it to say no back -pack spraying in the wetland area. Stuff Will draft. Waiver under net benefit. Motion N/A Vote N/A 6. *Sullivan — 60 Cliff Road (30 -65) SE48 -2566 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:58) Golding — Would normally not allow construction within 25 feet so the logic becomes that because the patio exists, construction should be allowed. Staff This patio is concrete and therefore a structure. Will draft Motion N/A Vote N/A 7. •Shimmo Hills, LLC — 9 North Road & 8 &12 Middle Valley Road (43- 131.1, 160 & 162) SE48- Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion (6:01) Glowacki — Would like to see a way to notice in the packets that a project meets all performance standards as this one does. Discussion about how to do that. Staff No conditions, will draft. Motion N/A Vote N/A 8. Discussion of other closed notice of intent public hearings E. Other Business I. Reports: a. CPC — Glowacki b. NP &EDC— Bennett c. Mosquito Control Committee —Oktay d. Coastal Management Plan — Oktay e. Harbor Plan - Oktay 2. Commissioners Comment — a. Bennett — Met with community sailing and will be applying for an extended split rail fence in proximity to wetlands. b. Okmy — Pocomo Road for lots form point has artificial looking plantings visible from the harbor. Carlson does have photos; the work is not approved; need to ascertain when it started in order to issue a complete violation order. c. Glowacki — Enforcement order on the bike path: there is a time and place for them. It struck me that the bike path it wouldn't be productive. Working for a solution is better when the violator is amenable; and a violation order when `radio silence has been achieved." d. Oktay — West side of Folger conservation foundation property, 9 landscapers were in the salt marsh raking up field grass, throwing it into trucks and driving it off. Will speak with owner this week. 3. Administrator/ Staff Reports a. (6:13) Mr. O'Brien and the vernal pool Medouie area. b. 47 WCS driveway expansion to wetlands; met with homeowner. c. New enforcement at Sacchacha pond: planted hydrangea and privet; enforcement officer has been investigating and has a lead as to who did the work. d. Closing Smith Point to driving; over 400 nests. Closed at the end of Massachusetts Avenue. Page 6 of 7 Minutes for June 12, 2013, adopted Oct. 2 e. Tuckemuck, Congdon house: spoke to Whitney Gifford attorney for the owner; they can't figure out how to remove the trash to a barge, the water is too shallow. Suggested to them that they talk to Alan Warden about utilizing the landing craft used for construction on Esther's Island. Assured the commission that the owner is working on it. IV. PUBLIC HEARING A. Town of Nantucket Wetland Protection Regulations Review Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Documentation Supporting documents and plans. Public Arthur D. Gasbarro, Blackwell and Associates Inc. — Suggested that under §103H, additional information should require plans in full scale and letter size (8 %1 X 11) copy. A good practice would then be to attach the letter size copy to the final order. Discussion (6:17) Steinauer — Stated that he believes Mr. Gasbarro's suggestion is a good one. Section 2.01.8.8, Water- dependent projects: "shall be designed not to cause adverse impact to wildlife ... and aquatic vegetation." Carlson — Have added a definition for aquatic vegetation; read the new definition. Steinauer — Made the recommendation that there be a limitation on expanding structures on properties which have been permitted coastal engineering structures; this would keep a house from being expanded more than 20 percent after it has been protected. Discussion about if it is legal to add that to the regulations; that would need to be researched. Carlson Suggested that if after a house was expanded the coastal structure failed, the owner would not be eligible for a redesigned structure. Oktay — Would like to see some way to prevent incidents such as in Madaket where an easement across a property was allowed a walkway when another walkway already existed on the same property. Discussion about whether or not that can be done under the law and whether or not limiting the number of walkways would be more beneficial to resource areas than walking across the salt marsh. Glowacki — Stated that for him the regulations concerning Invasive Species is bothersome. Reviewed an email sent to commissioners about his opinions and concerns in regards to apparent contradictions and anomalies in the criteria for invasive species. Suggested the commission incorporate the State list and local list by reference as appendices; take the requirement that no plants on the list be planted be moved from Section 5 to Performance Standards; and, under Section 5 on pages 54, 55, 56, 61, & 62, recommend striking the lines which state the "plants on list Al and A2 will not be planted." Stated his opinion that the commission does not have the criteria to support the data in the local list. Discussion about how the local list was created and documentation supporting inclusion of plants on that list. Motion to accept the regulations made. Discussion on motion. Glowacki — Friendly amendment: on Page 59, revised to read "all plant species listed in §502.A1 -3 shall be considered invasive on Nantucket. The commission may also consider plant species not on these lists to be invasive in certain habitats or under certain circumstances." Then strike the remainder of the paragraph. Amendment not carried. Stab Reviewed minor corrections of procedural items. State law requires that if there is to be a change of fees, there must be justification for that change; office administrative costs have risen since the last fee change. Reviewed previously discussed changes included in the draft. Prior to voting, this commission needs to discuss administrative issues: amending the document by including appendix B and needs to decide when the regulations will become active. Motion Motion to accept revised regulations as amended and to be effective July 1, 2013. (made by: Oktay) (seconded by: Karberg) Vote Carried 5 -1 /Glowacki opposed. Marion to Adjourn at 7:16 p.m. Submitted by: Terry L. Norton Page 7 of 7