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HomeMy WebLinkAbout2013-5-1Minutes for May 1, 2013, adopted Oct. 2 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 l C www.nantucket- ma.gov �O9oagptEO�� Wednesday, May 1, 2013 4:00 P.M. 2n4 Floor Training Room, 4 Fairgrounds Road Commissioners: Emie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki Called to order at 4:05 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Glowacki Absent Members: Golding Agenda adopted by unanimous consent -Matter has not been heard I. PUBLIC MEETING A. Public Comment — Carlson - Video recordings will begin with the next meeting May 15. The recordings of the meetings will posted to the Town website. Z _ II. PUBLIC HEARING A. Notice of Intent o° 1. Rowe —137 Wauwinet Road (11 -11.1) SF48 -2468 —y Sitting Steinauer, Oktay, Karberg, Bmgin[on- Smith, Bennett, Glowacki m M Recused None cz n Documentation Supporting documents and plans. '~ nY o < Representative None f 3 m Public None z s.-. C7 Discussion None r' r Staff Have not received any request, and representative is not in attendance. RecoAtnenffis be continued. Motion Continued to May 17. s Vote Without objection. 2. Elizabeth Bagley Descendents Trust — 123 Eel Point Road (33 -16) SE48 -2547 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Propose installation of sand -drift fencing, nourishment, planting and cov tubes. Tubes removed and proceeding with fence, nourishment and planting. Access through end of driveway up to bank for material; vehicle access through 40'" Pole, working with Land Bank for that permission. No concerns with the frequency of monitoring reports, as long as based upon previous standards; however, believes quarterly is a lot for a zigzag fence. Willing to submit a report after a storm with six -hours of winds over 65 MPH. Sarah Alger, Sarah F. Alger P.C. Public None Discussion (4:07) Glowacki attested to having signed certification of review all material. Steinauer— This removes the structural component from the project. Glowacki — Stated he becomes confused when faced with traditional versus regulatory standards. Okmy — Asked if increased frequency of monitoring reports would cause problems for the applicant. Discussion of other conditions on the Order. No other concerns. Staff Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried unanimously Page 1 of Minutes tar May 1, 2013, Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative Leo Asadoorian, Blackwell & Associates Inc. — Valet parking area, security fencing and vehicle drop - Mark Sits, Site Design Engineering — Reviewed the proposed application. Have not received letter off and pick -up lanes. Reviewed materials to be used for the parking surface and the reasons and how from Massachusetts Natural Heritage, still inside the 30 day response requirement. Old tank is outside it will be laid. New crosswalk to be installed on Candle Street. Reviewed drainage on the property and the 100 -foot buffer; have suggested to the owner that it be removed. The bank is holding up well and catch basins. Capacity will be 55 to 60 vehicles. Not aware of any flooding of this property. Request owners plan to maintain it. Request continuance. continuance Public None Discussion (4:17) Steinauer —Asked if the site had ever been subjected to coastal flooding. Staff Will draft an order for approval at the next meeting. Motion Continued to May 15. Vote Without objection. 4. 273 Hummock Pond Road N.T. — 273 Hummock Pond Road (83 -3) SE48 -2556 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Sits, Site Design Engineering — Reviewed the proposed application. Have not received letter from Massachusetts Natural Heritage, still inside the 30 day response requirement. Old tank is outside the 100 -foot buffer; have suggested to the owner that it be removed. The bank is holding up well and owners plan to maintain it. Request continuance. Public None Discussion (4:31) Oktny — Asked where the old septic tank is located and if the dune would be maintained. Staff Will draft an order. Motion Continued to May 15. Vote Without objection. 5. 281 Hummock Pond Road N.T. — 281 Hummock Pond Road (83 -41) SE48 -2557 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Reviewed the proposed application. Have not received letter from Massachusetts Natural Heritage, still inside the 30 day response requirement. Old tank is outside the 100 -foot buffer; have suggested m the owner that it be removed. The bank is holding up well and owners plan to maintain it. Request continuance. Public None Discussion (4:31) Oktay — Asked where the old septic tank is located and if the dune would be maintained. Staff Will draft an order. Motion Continued to May 15. Vote Without objection. 6. -U.S. Fish and Wildlife —Eel Point, Coame Point, Muskeget Island (multiple) SE48 -2558 Sitting Steinauer, Braginton- Smith, Bennett, Glowacki Recused Karberg & Oktay Documentation Supporting documents and plans. Representative Pam Loring, for U.S. Fish and Wildlife Service — Part of a collaborative effort to track song birds, sea birds and other types flying wildlife across the Northwest Atlantic in the context of marine renewable energy development. Testing new light- weight technology on tracking the movement of Common Terns and American Oyster Catchers in the near- and off -shore waters of Nantucket Sound and Cape Cod; need to set up 3 automated receiving stations to collect continuous dam on their movement. Foot print is about 8'h square feet of disturbance; will be set up soon and removed at the end of the September. There are two marine batteries and a small receiver that fit in a box on the ground and are hooked up to small 100 watt solar panels. Towers and guy wires are an equilateral triangle design; the 3 wires reach about 30 feet up and 21 feet out. Wires will be encased in foam tubing and marked with pennant flags as well as Bird -be -gone plastic spikes. Reviewed extent of tagging efforts. Public None Discussion (4:36) Steinauer— There should anti- perching devices to prevent predators from using the towers for hunting of the nesting birds. Staff Have everything needed to close. Motion Motion to Close. (Glowacki) seconded Vote Carried 4 -0 Page 2 of 6 Mmutes for May 1, 2013, adopted Oct. 2 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative Leo Asadoorian, Blackwell and Associates Inc. — The resource area is land under the ocean. Harbor Master, citing regulation not allowing power boats within a certain distance of a public beach, has asked NYC to dock power boats only on the east side of the pier. This request is for the installation of a float pier that will not be attached to existing piers and constructed in four sections and anchored. Will also be useable for storage of Lasers. There are no eel grass beds in the proposed area. The material will be non -CCA materials and very low maintenance. Peter MacEachem, Nantucket Yacht Club — Explained security to prevent the float from becoming an attractive nuisance. Public None Discussion (4:45) Oktay — Would like Mr. Carlson to provide a letter to attesting to the lack of a marine habitat. Staff Will provide a letter, but also can include verification of no eel grass as an order of condition. Motion Motion to Close. (Bmginton- Smith) seconded Vote Carried unanimously 8. -Oak Hill Investments — 7 South Valley Road (43 -142) SE48- Sitting Swimmer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Remove existing structure outside 100 -foot buffer, construct a new house the southwest corner of which is just inside the 100, construct a pervious driveway a small portion of which will be inside the 100, the shed and pool all within the 100 but outside the 50 in a previous altered portion of the property. Existing septic is outside 100 -foot. Several weeks ago, Dan Malloy dug a test pit at the pool location, reviewed findings of that test; he did not observe any mottling, weeping, or water down to 10 feet below the surface; bottom of pool will be no more than 8 feet. The structure is to be on full foundation. Access will be from South Valley road via an abandoned way crossing the property and an existing driveway. Will provide details from the soil log, a section view of the pool and foundation and estimation of the high ground water. A corner of the property is within the resource protection area habitat; but all work is outside that jurisdiction. Request continuance. Rick Beaudette, Vaughan, Dale and Hunter and Beaudette, P.C. — If further investigation reveals that construction will be within 2 feet of the ground water, will request a waiver. Public Arthur Reade, Reade Gullicksen Hanley & Gifford LLP, for Steve Anderson — Wetlands are a concern, in particular the issue of groundwater. Request a waiver be considered that it might be within two feet of seasonal high ground water. Arthur D. Gasbarm, Blackwell and Associates Inc., for Steve Anderson — Soils and groundwater were addressed but want a determination of the seasonal high ground water and monitoring to verify that. Pool is within the buffer at elevation 12; but in such close proximity, should have additional data to confirm groundwater. Excavation for the pool will extend below 10 feet and if dewatering were to become necessary, need to establish where the dewatering will occur. Steve Anderson, 55 South Valley Road — Nothing to add. Emily MacKinnon, Nantucket Land Council — Echoed concerns about the high ground water and need for additional information. Bruce Perry, Third -party Consultant Conservation Commission — Have not looked at it. Discussion (4:52) Questions answered by the representatives and no concerns expressed at this time. Staff Do not have a file number, so there is time to compile the requested information. Motion Continued to May 15 Vote Without objection Page 3 of 6 Minutes for May 1, 2013, adopted Oct. 2 9. •Sankaty Head Golf Club — 18 Hoicks Hollow Road (23 -9) SE48- Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering— Experienced significant erosion that affected two structures. The Representative building hanging over the bank was removed under an emergency certification and the wood frame of Public the second structure. This is to certify work done under the emergency certification. Handicapped Discussion ramp will be reconfigured; a small portion is within the 25 -foot buffer. Wish to remove a foundation Staff and install a new end wall. Removable wooden decking was pulled away from the bank and wish to Motion reestablish a distance of 5 -10 feet from the edge with a rail. Existing well to be pulled and relocated Vote outside the buffer. The parking is still useable about 5 -8 feet from the edge until it becomes Public threatened. When that happens, a flower bed would be reconfigured for new parking. Request a waiver for reconfiguring the driveway within the 25 -foot buffer. Concrete footings went over the bank, applicant would like to improve access from Hoicks Hollow to allow a bobcat access to the beach to Discussion remove those footings from the beach. This access would be eliminated after use and willing to work Staff around the plover nesting season. Explained how the access would be created and its size. Request Motion continuance. Vote Rick Beaudette, Vaughan, Dale and Hunter and Beaudette, P.C. — Would like to keep the bobcat access for pedestrian use. Public None Discussion (5:05) Nothing from the commissioners. Staff The access would be safer for response to an emergency on the beach. State mandate is I00 -yard buffer from a nest. Explained where there is fencing to protect nests and how that is maintained. Have complied with the requirements of applying within 30 days of the emergency certification. Motion Continued to May 15 Vote Without objection III. PUBLIC MEETING A. Requests for Determination of Applicability 1. 'Laura Thom 2011 Grantor Trust — 5,6 & 9 Medouic Creek Road (20 -5, 24 & 4) Sitting Steinauer, Oktay, Bmginton- Smith, Bennett, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Resource area on 3 separate parcels, 2 Public are north and 1 south. There are border vegetated wetlands (B V W) wrapping around the site. 2 streams Discussion flow under the road via culverts. Excavated ditch borders the wetlands. Pocket depressions have been Staff evaluated with no signs of breeding activity; submitted a summary report. S of Medouie Creek, there Motion are two BV Ws and an isolated vegetated wetlands (IV W) in the NE comer adjacent to the roadway. Vote Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public Bruce Perry, Third -party Consultant Conservation Commission — In the field report, didn't know if the BV Ws should be noted for future, the hand -dug ditch is not passable by vehicles and don't want it to mm into a driveway. Discussion (5:15) Staff Recommend approved the boundaries as verified for the BBV Ws, IV Ws Motion Motion to Approve as Positive 2. ( Brginton- Smith) seconded Vote Carried 5 -0 B. Minor Modifications 1. "Cambridge —10 Medouie Creek Road (20 -31.1) SE48 -2307 Sitting Steinauer, Oktay, Bmginton - Smith, Bennett, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion (5:25) None Staff Reviewed project for the representative. Recommend approve. Motion Motion to Approve. (Bennett) seconded Vote Carried 5 -0 Page 4 of 6 Minutes tut May 1, 2013, adopted Oct. 2 C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. *Eel Point Beach LLC — 121 Eel Point Road (33 -16) SE48 -2554 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:27) Oktay — Six hours at 40 MPH is acceptable. Consensus is in agreement. Discussion about how the board defines a storm. The data used to determine sustained wind speed is from the airport, New England Maritime Academy (NEMA) and NOAA. Staff Reviewed project. Condition 25: for twice -a -year report and post - storm condition photos; asked if Motion commissioners wish to discuss that time. Conditions 15: in any year after April I before August 31 for Vote bird monitoring; Condition 20: based on comments for Massachusetts Natural Heritage. Motion Motion to Issue as amended. (Bennett) seconded Vote Carried unanimously 2. Elizabeth Bagley Descendents Trust —123 Eel Point Road (33 -16) SE48 -2547 Sitting Steinaueq Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:37)None Staff Reviewed project. Condition 25: for twice -a -year report and post -storm condition photos; asked if commissioners wish to discuss that time. Conditions 15: in any year after April 1 before August 31 for bird monitoring; Condition 20: based on comments for Massachusetts Natural Heritage. Motion Motion to Issue as amended. (Bennett) seconded Vote Carried unanimously 3. *Town of Nantucket —1 &5 Candle, 2 &6 Commercial, 10 New Whale Streets (multiple) SE48- (cont. 5/15) 4. *273 Hummock Pond Road N.T. — 273 Hummock Pond Road (83 -3) SE48 -2556 (cont. 5/15) 5. *281 Hummock Pond Road N.T. — 281 Hummock Pond Road (8341) SE48 -2557 (cont. 5115) 6. *U.S. Fish and Wildlife —Eel Point, Counts Point, Muskeget Island (multiple) SE48 -2558 Sitting Steinauer, Bmginton- Smith, Bennett, Glowacki Recused Oktay, Karberg Documentation Supporting documents and plans. Representative None Public None Discussion (5:39) Steinauer — Would like to provide for replanting dune field after removal. Staff Monitoring conditions included and condition that a Bag attached to antenna array. Condition to provide before and after conditions of the coastal dune field. Could add a condition for replanting if photographs indicate the need after removal of the antenna array. The impact is very small; but if removal photos show disturbance was greater than anticipated, can issue an enforcement order. Requires a waiver under no adverse impact/no reasonable alternative for work in the dune field. Motion Motion in Issue as drafted. (Bennett) Vote Carried 4 -0 7. *Nantucket Yacht Club — 1 South Beach Street (42.4.2 -10) SE48 -2559 Sitting Steinauer, Oktay, Kmberg, Bmginton - Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:42) Oktay —Need Environmental Protection Agency letter about eel grass. Staff Drafted an order. Could add condition about no wash down of boats. Motion Motion to Issue Vote Carried 8. *Oak Hill Investments— 7 South Valley Road (43-142) SE48- (cont. 5 /15) 9. *Sankaty Head Golf Club —18 Hoicks Hollow Road (23 -9) SE48- (cont. 5/15) 10. Discussion of other closed notice of intent public hearings Page 5 of 6 Minutes for May 1, 2013, adopted Oct. 2 D. Other Business 1. Reports: a. CPC — Glowackh nothing to report. b. NP &EDC — Bennett: Phase I of in -town bike path and Community Sailing in Polpis. c. Mosquito Control Committee — Braginton- Smith: interview of control personnel. Discussion about the need for permits to apply mosquito pesticide in wetlands. d. Coastal Management Plan — Oktay: Earth Day discussion; hearing in June. e. Other: Harbor Plan —None 2. Approval of Minutes —None 3. Commissioners Comment: Oktay— Received questions about the Franklin Street project. 4. Administrator/ Staff Reports: a. Reappointment paperwork needs to be submitted. After July l will have to reappoint committee members. b. Enforcement Order updates — i. Congdon property on Tuckemuck (95 -3): owner has picked up debris, dismantled the structure, considering logistics of moving the debris. ii. Whites at 47 W Chester Street: owner expressed willingness to repair. iii. O'Brien at 18 Medouie Creek Road: representative could not make it but stated they are looking into how it happened and future prevention; vegetation around the vernal pool is now damaged. iv. Rediker at 14 Almanac Pond Way: Lindsey Congelton, Atlantic Landscaping — Have cleaned up the debris in the vicinity of the wetlands; owner claimed that the land was cleared when he purchased the property in 2004. Will be applying for the wetland resource and will develop a restoration plan. Staff— Recommend a letter be written memorializing that an expert has been employed. Need to make clear where the wetlands are. There is a maintenance plan that protects the wetlands. v. An EO for Pocomo Road and another violation has been reported to be discussed at the next meeting. c. The Shellfish Management Plan was official approved by the Board of Selectmen. IV. PUBLIC HEARING A. Town of Nantucket Wetland Protection Regulations Review Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Glowacki Documentation Copy of the Conservation Commission Regulations and State invasive species list. Discussion Steinauer— Determining that something is invasive is different than a total ban. Not sure who and how the invasive list is complied. Black Pine does not need to be deemed invasive but this commission should be able to regulate where it is planted. Further discussion about native versus non - native and invasive versus non - invasive and the possibility of this becoming excessive government regulation of private property. Glowacki — Expressed great concern about how the invasive species list was created and that it is arbitrary and capricious. Continued discussion about invasive species and how a list tailored to Nantucket should be created. Bennett — Suggest encouraging the Invasive Plant Species Committee to open their list up to public discussion. Oktay — Presented a possible draft about invasive species. Staff Only section left is invasive species. The full document needs to be approved no later than June 27. Can adopt the changes, and hold invasive species to be discussed at a later date. Read the Some definition of "invasive plants." Motion A red -line copy of the regulations will be made available to the public and another hearing scheduled. Motion to Adjourn at 6:37 p.m. Submitted by: Terry L. Norton Page 6 of 6