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