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Home My WebLink About2013-3-6Minutes for March 6 2013 adopted Oct 2 jN—;�� CONSERVATION COMMISSION „Qaa"i"'\? N'. 2 Bathing Beach Road Nantucket, Massachusetts 02554 s�o\e� www nantucket- ma.eov '9'OOIIpiE� Wednesday, March 6, 2013 4:00 P.M. 2 "4 Floor Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice - chair), John Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glo, Called to order at 4:03 p.m. RECEIVED P'9 10 58 Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Absent Members: None Agenda adopted by unanimous consent "Mean has not hcen heard I. PUBLIC MEETING A. Public Comment – 1. Emily MacKinnon, Nantucket Land Council – Addressed a letter she submitted to ConCom in regards to the wetlands on Bartlett Farm property along Hummock Pond Road: the site has fallen into disarray for several weeks; the wetlands seems to be holding more water than anticipated; the silt fence might need to be relocated more landward; amount of sediment has washed into the area smothering hydric soils and some of the vegetation and will need to be removed to restore hydrology. A lot of fresh material has been put into the drain area today; but no silt fence has been installed and impending rain will wash silt back into the area. There are rows of hay bales. Stated she has photographs of the situation. Carlson – Stated that the bike path crew is responsible for maintenance of silt fence and siltation; assured repair of situation ASAP. Will try installing multiple layers of silt fencing going up the rise: one along the original wetlands edge, a section along the road, and a couple of intermediates between road and slope. Braginton -Smith – Crew is taking steps to stabilize at this time; will get in on Monday to do some heavy work. Carlson – Stated that he and Mr. Braginton -Smith will be keeping an eye on the situation. 2. Jeff Carlson – Conservation Commission Regulation Review public hearing scheduled for March 13 at 4 p.m., 2nd Floor Training Room, 4 Fairgrounds Road Page 1 of 10 N CLERK Minutes for March 6.2013, adopted Oct. 2 I1. PUBLIC HEARING A. Notice of Intent 1. Squam Partners, LLC — 89 Squam Road (13 -3) SE48 -2530 o,o Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Review project: grading in relation to a septic system. Request Waiver associated with separation distance of footing to ground water. Hope also for a waiver for Temporary Dewatering Only based upon no adverse impact at distance greater than 50 feet from wetlands; and being able in the future to be able to apply for an Amended Order of Conditions for any structures, which would allow additional conditions. This is an IA system, which is included in the application. Have variance from Board of Health for pervious material. Hearing a reluctance to issue a waiver without details that are not available at this time. Mr. Carlson stated that it is not impossible to grant a waiver under an amended order. Propose closing the hearing and hope for an order without a waiver; ask for a condition that "any construction of the structures" within an envelope requires an amended order of conditions. That would allow the applicant to move forward on installing the septic. Public Emily MacKinnon, Nantucket Land Council — Raised concerns at first hearing because of temporary dewatering activities on the adjacent lot became permanent; concerned about granting waiver on work that has not been described. Brainstormed some solutions such as granting a waiver so that applicant wuld come back with an amended order; those plans would show actual distance from ground water. Discussion Need to make it clear that work on the structure is not allowed at this time and no waivers being issued at this time. Staff Have Massachusetts Natural Heritage comments: no take. Do not have anything that prohibits doing waivers under amended orders; it is the same procedure as for a Notice of Intent INCH, so see it similarly handled. Amended orders have all the same penalties as a NOI. Understand the applicant's situation of securing that as part of the component as well. Motion Motion to Close. (Glowacki) seconded Vote Carried unanimously Page 2 of 10 Minutes for March 6.2013, adopted Oct. 2 2. Kafer -143 Wauwinet Road (11 -8) SE48 -2536 9:21) Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Had discussion about modifications to existing structures located within coastal dune resource area. Did addition field work and drawings; provide with comprehensive response based on performance standards. Will result in net benefit. Add features on the plan of items that were on the ground and covered by snow; submitted photos of these features. Proposed work is over existing features (already disturbed areas). Explained proposal of raising a deck four feet between house and garage to allow sand to move beneath. The only portion outside the existing structural elements is an external chimney on the main structure but still in a disturbed area. Coastal Dune performance standards address the set back; this is a reduction on the order of 26 square feet. Excavation/disturbance of vegetative cover, will employ plywood to hold up the dunes and use pump jack staging around this to minimize activity in the dune area. Not filling or excavating sand; dune will be restored to original volume and planted with beach grass. Altering the ability of wind to cause sand to move, this project is not going to impact that due to present state. Driveway is concrete for access. Barrier beach performance standard, building may be maintained and repaired; these structures have not been worked on in many years. Not requesting waivers because work is outside the 50 -foot buffer; except on the concrete driveway. Lonnie Timms, property caretaker — The dune under the house has been allowed to flow; this is creating a similar situation. Public None Discussion Bennett — Questions the age of the deck, 2007 aerials do not show the deck. Could have been buried by sand at the time that aerial was taken. Glowaeki — Suggested looking for building department records. Golding — Under the rubric of maintenance /repair, this is an application for an addition. Discussion about the project in general. Steinauer — This is essentially a new structure in a barrier beach, more massive and taller, but it does allow for open sand flow. Bennett — Reiterated previous concern. Not opposed to the addition; concerned only about the 2 "d floor and the deck. Discussion about validity of the aerial photographs in regards to existence of the deck. Staff Outside the performance standards look under #2 barrier beach: reads the regulation. Some building and alteration is being done on the barrier beach. Need to look at whether or not this has an adverse impact on the barrier beach for flow, erosion and pollution. Have everything necessary to close Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried unanimously Page 3 of 10 Minutes for March 6.2013, adopted Oc[. 2 3. Plukas —147 Wauwinet Road (11 -6) SE48 -2537 u: :o Sitting Steinauer, Oktay, Karberg, Bmginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Coastal dunes resource area without vegetative wetlands issue. Last meeting expressed concerns about construction methodology; presented a plan showing how the work would be done so as not to disturb the sand. Will cantilever a deck off the existing structure. To do this will use engineered timbers that can be timber - locked together on site and can be individually moved over or under the house rather than across the resource area. Work will occur immediate to the existing structure. Shows commissioners where the work will occur. Not proposing excavation of the dunes. Referred to his letter that addresses each performance standard. For details refer to complete letter included in the ConCom file. Withdrawing the request for a waiver based upon Performance Standard 2.033. No fill proposed; need to talk about whether or not the activity will have an adverse impact upon the dunes, not destabilizing anything; do not believe the deck will have an adverse impact; asked for a waiver no reasonable altemative /no adverse impact; this pre- exists the regulations and it is being maintained/repaired. Brook Meerbergen — Explained how the timbers could be moved into place and deck assembled. Original structure probably built between 1930s and 1950s based upon construction techniques. Public None Discussion Golding — Asked if Mr. Meerbergen was satisfied with how this work would take place. Meerbergen — Stated that he is very comfortable with how this work would proceed. Staff Have everything necessary to close. Motion Motion to Close. (Braginton -Smith) seconded Vote Carried unanimously 4. 34 Shawkemo, LLC — 34 Shawkemo Road (27 -3) SE48 -2540 (cont. to 3/20) 5. 'ACK Easy, LLC — 92 Washington St. Ext. (42.2.3 -22) SE48 - (s:.) Sitting Steinauey Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Leo Asadomian, Blackwell & Associates — Replace an existing bulkhead constructed prior to 1960s, definitely over 60 -years old. All construction and staging will be at 92 Washington Street. Material for vertical sheet piles will be ACQ "D° designation; pilings will be green -heart lumber. Bulkhead will be above the high water line. Using a water -based preservative which is registered with EPA for water use. Request continuance. Public None Discussion Oktay — This is a sensitive are for scallops; need to ensure preservative and work will not damage the beds. Need to have siltation protection. Staff Do not have a MADEP file number. Motion Continued to 3/20 without objection. Vote N/A 6. *Land Bank — 60,64 & 66 Washington Street (42.2.3 -13,14 & 38) SE48- (Cont to 320) Page 4 of 10 Minutes for March 6. 2013. adopted Oct. 2 7. *Kumin — 31 & 33 Sheep Pond Road (63 -36 & 37) SE48- (1AI) Sitting Steinauer, Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mr. Carlson in lieu of representative — Proposal is to move the main structure to an inland site, and move the cottage to far corner of lot, and move the Microfast septic system that is in the ground to service the cottage. Removed shed as part of the emergency request. Ask for waiver for septic, this is now in the ground and within the 100 -foot buffer. Will re- vegetate disturbed areas. Public None Discussion Oktay — Asked about use of a Tight tank. Carlson — Because they can put a Title -5 compliant system on the lot, the Board of Health denied a permit for a tight tank. Staff Having a system in the ground and granting the waiver would make it hard to issue the permit. Have everything necessary to close Motion Motion to Close. (Bennett) seconded Vote Carried unanimously 8. *Cunningham — 103 Eel Point Road (32 -6) SE48- (Cont to 3/20) 9. * 105 Eel Point Road Trust —105 Eel Point Road (32 -5) SE48- (Cont to 3/20) 10. *Burke — 37 Gardner Road (43 -85) SE48 - isan Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Landscaping and invasive species management within area ofjurisdiction. Producing landscaping on the south side of the structure within buffer to vegetative wetlands. Elaborated for the commissioners the changes in respect to the driveway: increased parking and ease of ingress/egress to the property. Added that there would be a skid loader involved with the driveway work. Asked for continuance for Massachusetts Natural Heritage response and MADEP number. Seth Wilkinson, Wilkinson Ecological Design— Conducted resource evaluation in the Fall; described habitat types. Recommend a more open habitat, selective removal in regards to aggressive invasive species. Reviewed consultant report, refer to copy in the ConCom file. No mechanical work to be done in the wetlands. Found honeysuckles do not respond to triglycerides but pull out easily; near wetlands use approved formulations. Recommend use of field decisions. Among native species recommend cut and wipe. Have identified the two highest concentrations of invasive species totaling about 15,000 SF. In response to Mr. Dale's questions: a small tractor might be used in the initial phase only, and stated he does not believe work will occur during the Summer. Ashley Erisman, Garden Design Company Public Emily MacKinnon, Nantucket Land Council — Wants the commission to consider the establishment of grassland within buffer zone and if it allows for continued invasive species removal and monitoring or conversion. Kevin Dale, Vaughan, Dale and Hooter and Beaudette, P.C., for Clara Bingham abutter — Asked if other than hand -held non - motorized implements would be used and would any of this work scheduled for July and August. Needs assurance that the road will not be blocked during the work phase. Page 5 of 10 Minutes for March 6.2013, adopted Oct. 2 Discussion Steinauer — Asked about the concentration of and types herbicides to be used. Karberg — Would like to see documentation of species encountered. Stemmer — Proposed plantings: Indian grass and big blue stem are not common on the island. Discussion about the potential problems of allowing use of pant seeds which are similar to those native to Nantucket but not necessarily part of the island subspecies. Steinauer — Amending soil with compost quickly builds up phosphoresce. Discussion about maintenance of native species and handling of invasive species within the management area per graphic provided in the application. Steimmer — Asked about the landscaping plan within the buffer zone. Wilkinson — They will be native species. Staff The 25 -foot buffer is on the side of the driveway opposite the proposed activity. Will draft an Order of Conditions. Motion Continued to 3/20 without objection. Vote N/A 11. *Eel Point Beach LLC — 121 Eel Point Road (33 -16) SE48- cb,�� Sitting Stemmer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarm, Blackwell and Associates Inc. — Stabilization enhancement of coastal dune zone. All work is below top of bank. Zig -zag fence utilizing 1 X3 /e slats; behind fence will be three rows of sand -filled jute tubes. Same format as formerly approved elsewhere along Eel Point Road. An existing order of conditions is for 2011 for double row snow fencing and planting of beach grass. The purpose of the tubes is to mimic the natural rate of erosion as closely as possible. Open to discussion on the project being subject to monitoring and testing as the commission requests. Above the tubes, will plant coastal beach grass. Explained access and how work will be accomplished: access from end of driveway over existing pool and across the lawn, create a sluiceway to move materials down to the beach, beach access from 401h Pole, equipment will be once -a- day -on and once -a- day -off with no storing or fueling on the beach. Asked for a continuance. Public None Discussion Oktay — Asked about volume. Adding the row of tubes makes this a coastal engineering structure. Discussion about how to avoid that and still accomplish the stabilization. Gasbarro — Using both shore-line survey and CZM data CZM indicated a long -term erosion rate of 1.4 feet per year; will commit to 700 cubic yards of sand a year. Oktay — this is one of the best vegetated banks on the Island. Gasbarro — It won't be much longer as the bank is nearly vertical now. The plan is to catch it before further slumping and keep it vegetated. Also looked at the Nantucket shore -line erosion rate which indicated .8 to 2.8 feet a year. In terms of what happens after storms, the applicant is open to conditions with respect to monitoring and reporting with 48 hours. Oktay — Asked why the application is a mid -point between a coastal engineering structure and a bigger fence with a single line with nourishment and no bags that doesn't count as a coastal engineering structure. Gasbarro — By not stabilizing the toe, the vegetation doesn't have the ability to become established on the upper parts of the bank. Observed that happening on another Eel Point Project. Staff None Motion Continued to 3/20 without objection. Vote N/A Page 6 of 10 Minutes for March 6. 2011 adooted Oct. 2 *Elizabeth Bagley Descendents Trust — 123 Eel Point Road (33 -16) SE48 -_ o,o Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Erosion control project and base of coastal dune. Place 8 -inch piling, picket fence, quoi bags behind fence American beach grass planted on the bank. Access from 40'* Pole, equipment will be once-a- day-on and once -a- day -off with no storing or fueling on the beach. The permits and conditions are individual to each property; though working with the abutting property to avoid a gap. Narrative includes the shoreline survey and CZM data. Public None Discussion None Staff None Motion Continued to 3/20 without objection. Vote N/A III.PUBLIC MEETING A. Requests for Determination of Applicability 1. *Ram Island, LLC — 68 Pocomo Road (15 -31) o,u Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Verify two wetland boundaries and proposed work within buffer to resource area. Grading is associated with the pool and patio. Waiver no adverse impact. Public None Discussion None Staff Recommend Negative to allow work Motion Motion to Approve as recommended. (Glowacki) seconded Vote Carried unanimously 2. *Collins — 22 & 24 Fulling Mill Road (27 -21 & 22) (Cont to 4/3) B. Certificates of Compliance 1. *Meister— 66 Monomoy Road (43- 109.2) SE48 -2059 cam Sitting Steinauer, Oktay, Karberg, Brag;nton- Smith, Bennett, Golding Recused Glowacki Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Request invalidate order of condition: work was not done and there is no intent to do the work. Motion Move to Invalidate order of conditions. ( Oktay) second Vote Carried unanimously Page 7 of 10 Minutes for March 6. 2013. admted Oct 2 C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. *Sunset House LLC — 15 Hallowell Lane (30 -10) SE48 -2508 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Asked for clarification on Condition Nr 22. Public None Discussion Oktay — Grammar corrections. Steinauer— Will have to conform to the planting plan. Staff Tried to be as detailed as possible on Conditions in regards to waiver. Motion Motion to Issue as corrected. (Bennett) seconded Vote Carried unanimously 2. *89 Squam Road— 89 Squam Road (13 -3) SE48 -2530 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Wrote to Mr. Carlson replace to read "construction of structures requires an amended order." Public None Discussion None Staff Condition 19: instead of "any work" put "any structural elements" to exempt septic systems. Motion Motion to Issue as amended. ( Glowacki) seconded Vote Carried unanimously 3. *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 None Public None Discussion Commissioners read the Order of Conditions Oktay — Do not want to recognize this as water dependent. Insert "nod' before "water dependent " Do not agree with no imminent danger /no reasonable alternatives. Discussion about definition of "water dependent use.° An opinion is expressed that a better definition of "water dependent' is needed. Discussion about whether or not this project qualifies as water dependent. Oktay — Have not approved quoi logs in a long time. Discussion about pros and cons of quoi versus jute. Staff A project that requires direct wetland access has to be considered water dependent. Performance Standard Nr 5 would be the only one to apply if this is determined as not water dependent. Motion Motion to Issue as amended. ( Glowacki) seconded Vote Carried 5- 1 /Oktay opposed Page 8 of 10 Minutes for March 6.2013, adopted Oct. 2 4. *Kafer -143 Wauwinet Road (11 -8) SE48 -2536 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Bennett — Questions size of original deck. Steinauer — This work is on previous disturbed land. Staff Draft positive order. Motion N/A Vote N/A 5. *Plukas — 147 Wauwinet Road (11 -6) SE48 -2537 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Bennett — Concerned that extending the building will extend the scour. Golding — Believe it will change the scene. The question is this maintenance and repair or new construction on a barrier beach. Glowacki — Seems this commission should be able to make the decision whether to go with a positive or negative. Staff Performance standard in question is no new structure on a barrier beach. Asked what conditions would allow this to go forward; if this commission can decide on those, then the project can go forward; if not, then the project should be denied. Will draft a positive order. Motion N/A Vote N/A 6. *Kann Holdings, LLC — 10 Charles Street (29 -91) SE48 -2538 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff None Motion Motion to Issue. ( Glowacki) seconded Vote Carried unanimously 7. *Zschau — 77 Washington Street (42.2.3 -42) SE48 -2539 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Commissioners read Order of Conditiosn Staff None Motion Motion to Issue. ( Braginton- Smith) seconded Vote Carried unanimously Page 9 of 10 Minutes for March 6, 2013, adopted Oct. 2 11. •ACK Easy, LLC — 92 Washington Street Ext. (42.2.3 -22) SE48 -_ (Cont to 3/20) 12.'Kumin -31 & 33 Sheep Pond Road (63 -36 & 37) SE48 - Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Move cottage and shift septic. Staff None Motion Motion to Issue. (Golding) seconded Vote Carried unanimously 13. Discussion of other closed notice of intent public hearings D. Other Business 1. Reports: a. CPC — Glowacki b. NP &EDC— Bennett c. Mosquito Control Committee — Braginton -Smith d. Coastal Management Plan — Oktay e. Other: Sewer Advisory Board — Glowacki 2. Commissioners Comment: a. None 3. Administrator: a. Received a response to violation enforcement on property owned by Phi1Jan Realty Trust. Read email from the property owners' attorney. Explained that the email will be forwarded to Town Counsel along with a response for his review. b. ConCom has been requested by a Board of Selectman to provide a member to the 18 Wauwinet Road Management Advisory Group — Bennett volunteered. E. Public Hearing 1. Town of Nantucket Wetlands Regulations Revisions Motion to Adjourn at 8:02 p.m. Submitted by: Terry L. Norton Page 10 of 10