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HomeMy WebLinkAbout2013-7-24 (2)Minutes for July 24 2013 doted Oct 16 CONSERVATION COMMISSION 2 Bathing Beach Road 'o Nantucket, Massachusetts 02554 www.nantucket-ma.RoY yc h Wednesday, July 24, 2013 4:00 P.M. �'9pOHpiE�� 2nd Floor Training Room, 4 Fairgrounds Road Z Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Jennifer Karberg, A$ylrew,Wnn -P Ian Golding, Michael Glowacki, Leslie Johnson G ;.A T Called to order at 4:03 p.m. -,-- j m Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes 7l%er L Attending Members: Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson 9 VIA Absent Members: None f 3 O Earlier Departure: Glowacki 8:01 p.m. Z d Agenda adopted by unanimous consent r rP *Matter has not been heard r" 9 I. PUBLIC MEETING A. Election of Officers 1. Chair - Oktay nominated Mr. Steinaur. Carried unanimously 2. Vice Chair— Bennett nominated Dr. Oktay. Carried 4 -1 /Glowacki opposed. B. Public Comment -None II. PUBLIC HEARING A. Notice of Intent 1. Welsh -101 Eel Point Road (32 -7) SE48 -2572 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Relocation of small single - family residence on a narrow lot. Have indicated on the revised plan that work is confined to the lot and have submitted a construction protocol for the file and to the abutter. The new deck will be outside the 50 -foot buffer. Public None Discussion (4:06) None Staff Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 2. Sul Marc, LLC — 11 Columbus Ave (59.3 -111) SE48 -2576 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Work within a bordering vegetative wetlands (BV W) buffer. Addressed concems stated in a letter received from Mr. Carroll at 49 Starbuck Road. Public None Discussion (4:08) Golding —Noted that the neighbor's letter reiterates what Mr. Carroll said at the last meeting. Staff Have everything needed to close. Motion Motion to Close. (made by: Karberg) (seconded by: Oktay) Vote Carried unanimously 3. Sankaty Bluff Group — 75 Baxter Road (49 -30) SE48 -2575 Sitting Steinauer, Oktay, Karberg Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Staff in lieu of the representative — Revised plans address what will happen in the area between the top of bank and area to be disturbed. Area to be re- vegetated with beach plum andjuniper. Public None Discussion (4:11) None Staff Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously Page 1 of 8 Minutes for July 24. 2013, adopted Oct. 16 4. Thompson —14 Fargo Way (14 -17) SE48 -2574 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Stan Humphries, Coastal Geologist Laurentide Environmental, LLC. — Summarized the alternative analysis, 7 alternatives reviewed. Issue is pending on whether or not the property can be protected for the pre-1978 structure. Have heard from a neighbor, but have not had a chance to respond; that along with outstanding decision on the pre -1978, ask for a continuance. Riff -tuff dissipates wave action better than a single row of sand -drift fencing. Public Sarah Alger, Sarah F. Alger P.C., for the abutter— Will hold comments for next the meeting. Discussion (4:13) Oktay — Asked that the bank erosion rate be included in the file. This is a slow eroding bank; the drawing shows cutting into the bank. Stated the opinion that adding sand and vegetating would accomplish the same thing as this proposal. Glowacki — Asked for a sense of the commission on nourishment. Oktay — If we decide this is something to permit as opposed to softer alternatives relocation; rip rap on the bank inhibits the sediment source. That natural function of the bank needs to be compensated for. The salt marshes will be impacted due to no feeder material, which helps establish the marshes. Karberg — Thinks more information is needed before deciding whether or not allowing the structure. Feels the commission needs the sill study to help make that decision. Bennett — The only concern about the sand is that it is a narrow beach and concerned that dumping sand will bury the wetlands. Golding — Also, need to know to what extent the erosion can be replicated. Staff None Motion Continued to August 7 without objection. Vote N/A 5. Water's Edge N.T. —16 Mcdouie Creek Road (20 -26) SE48 -2577 (cont to 8/7) 6. •Schweitzer— 6 Jefferson Ave (29 -49.1) SE48- Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative John Stover, Stover Engineering — Building sill is in the ground and high ground water is evaporating into the structure. Propose to install a pile foundation and get above the flood -plain level at elevation 8. Asked for continuance. Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Public None Discussion (4:28) None Staff Missing a file number. Will prepare a draft. Motion Continued to August 7 without objection. Vote N/A 7. 'Traynor —13 B Willard Street (42.4.1 -15) SE48 -2578 Sitting Steinauer, Okmy, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Work in buffer to BV W and land subject to coastal storm flowage. Move existing structure 6 feet away from buffer and raise to be in compliance with regulations regarding flood plain. Will install a crawl space. Will be amenable to a condition about knotweed removal and disposal; stated the plan is to dig it up and bag it. Applied to DPW for temporary dewatering; don't anticipate permanent dewatering. Re- grading should not exceed 8 inches. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Owner is obtaining written consent from the other condo owners in regards to the work and permitting. Public None Discussion (4:31)None Staff Have everything needed to close. Motion Motion to Close. (made by: B) (seconded by: O) Vote Carried 6 -0 Page 2 of 8 Minutes for July 24, 2013 adopted Oct. 16 8. - Nantucket Islands Land Bank — 181 Hummock Pond Road (65 -25) SE48 -_ Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Representative Supporting documents and plans. Bruce Perry, Nantucket Islands Land Bank — Replace boardwalk crossing a resource area. The replacement should last 30 years. Will reuse existing posts. Height will be about 18 inches above the marsh. The existing boardwalk was installed in about 2000. Asked for a continuance. Public None Discussion (4:40) None Staff None Motion Continued to August 21 without objection. Vote N/A 9. •Sconset Beach Preservation Fund — Baxter Road Area SE48 -_ Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Representatives Supporting documents and plans. (4:52) Steven Cohen, Reside, Gullicksen, Hanley, Gifford & Cohen LLP — Reviewed assets to be protected. Stated they are not setting precedent and explained why. A bank's angle of repose is different when it is vegetated as opposed to when it is not vegetated. Reviewed the history of'Sconset Beach Preservation Fund. A revetment is the hardest armoring that can be used to save the bluff; Hurricane Sandy was a turning point. 50 lots are in the area of the revetment and most are within 30 feet of the bluff. Baxter Road has to be maintained legally. Town Meeting adopted 2 warrants that support what is happening and the Town has recognized the imminent danger to the public road. Reviewed other public benefits that would be preserved with the prevention of further erosion. Revetment would be about 4200 feet long with construction broken into two phases. Boulders will be about 8 feet below grade and 16 feet above grade. Above the rocks would have native vegetation. Under the boulders would be gavel and geo- textile fabric that would never come out. End scour will be mitigated and maintained. Reviewed proposed monitoring transects. There are no parts in the revetment that cause debris. According to the Memorandum of Agreement with the Town,'Sconset Beach Preservation Fund is required to have a perpetual maintenance schedule and budget set in place. Explained construction and sand re- nourishment methods. Reviewed other revelment projects around the Cape and Islands. Reviewed the wetland protection act and local by -law in regards to coastal engineering structures. Asserted that other methods of protection are not feasible. For the record: his objection is that the substantially improved clause is questionable legally and should be ignored. Stated that Move as Appropriate does not equate to Abandon and Relocate. Reviewed how the revetment project complies with the rules for coastal beaches and banks. Would like a decision by August 7 in order to start construction on time. Imminent danger is not to zero feet, it includes a natural buffer. At this time, we are seeking a permit for both Phase 1 & Phase IL There is no feasible or reasonable way to move the infrastructure or the houses. The Order of Conditions would include a Construction Management Plan. This is not a pristine natural area; it has been disturbed. There is a new survey forthcoming. - Les Smith, Environmental Scientist Epsilon Associates Inc. — The 9.3 cubic yards per foot retreat and how it ties in to overall stability of the beach is standard state wide. It is based upon retreat of the bank; explained how that figure was reached. The beach will narrow; how much depends upon the approach to nourishment. Have an extensive monitoring system that Wood Hole Oceanographic Institute has been doing; that would be augmented to monitor down -drift areas. It will occur; it could occur next year with another series of bad storms. There is nothing to gain from waiting. Monitoring indicates when nourishment is required. There will be a coastal engineer at the next meeting to address the design. There would still be dry beach. The regulations were written in order to protect homes in place at the time the regulations were approved and that no one wanted revetments where homes were not already in place. Jamie Feeley, Construction Manager Cottage and Castle Inc. — The two pits on the island create 900K cubic yards between the two. Projected usage would last 20 years. Described how sand would be delivered from the top of the bank onto the revetment area from designated areas. Arthur Reside, Reade, Gullickseu, Hanley, Gifford & Cohen LLP — The land is subject to the Public Trust Doctrine; that might or might not include public passage along the beach. This work is not within tide lands; it will be above the mean high -tide line. Nicole Burnham, Third -party Consultant for the Town of Nantucket - Page 3 of 8 Minutes for July 24, 2013, adopted Oct. 16 'Sconset Beach Preservation Fund continued Discussion (5:48) Steinauer— Based upon the 3 feet per year, there are 30 years before the bank reaches Baxter Road; stated he does not we the emergency. Oktay — Expressed concern about the inability to mitigate at a natural rate. Revetments are not high on the list of best practices for the state and explained why. Reiterated her objection m a revetment. Golding — Is concerned that reduction of the beach would impact the public trust document in regards to public access to the beach. Steinauer — It is hard to permit a project on a situation that does not yet exist. Bennett — Looking at the road alone, stated that it seems the presentation glossed over the option of creating another road. Oktay — Noticed there are few revetments facing the open ocean. Discussion about revetment projects in a similar wave climate as 'Sconset. Bennett — Sand is a limited resource on the island. Oktay — One concern is getting the sand and the rocks to the beach; access is through a very delicate area. Revetments can end up burying the in -sand wildlife and they go away thus affecting diversity; that needs to be considered in the final decision. Asked how much of a change terracing would be from revetmenry'Sconset Beach Preservation Fund does have a terracing permit in place. Asked for information about the amount erosion from wind and rain at the top of the bluff since April 1. Steinauer —Noted several revetments failed during Hurricane Sandy. The discussion has begun repeating already discussed issues (6:40). Oktay — Asked for assurance that the Lighthouse would not be endangered by the this project. Public (6:44) Erica Brazen, 41 Low Beach Road — Concerned about the risk and monitoring, which is after - the -fact. Eric Miller, 80 Quidnet Road— Called for due diligence in thinking through the amount of sand to be delivered. The Notice of Intent indicated it was ConCom's responsibility to determine how much sand would be provided per year; this is a lot of sand in perpetuity. Virginia Andrews, 1 Stone Alley— Expressed concern about the design in regards to public safety with the wave height and the beach getting narrower. Emily MacKinnon, Nantucket Land Council — Serious concerns about the long -term maintenance and impact on resource areas as well as boundary areas. Loss of beach is a concem. Don Ramsey, Applied Coastal — Reviewed concerns about revetments outlined in his letter that is on file. Method of delivery of sand looks at about 4000 truck trips per year. Angle of repose is an important point. Survey in the file is from 2010 and much has happened since then; a more up -to -date survey is needed. Loss of the present beach; the steeper the revetment, the more wave reflection and loss of beach. Explained how a revetment fails. John Mersen, 71 Baxter Road — Have moved their structure already in the past couple of years. Stated the opinion that the best way to preserve the beach is to move houses off the bluff. Dirk Roggeveen, for the Quidnet/Squam Association — Concerned about the project's affect on Sesachacha Pond. `Sconset Bluff is the primary source of sediment for the entire eastern shore of Nantucket. The soft systems replicate that system of providing sand during a storm event; this replaces sand after the fact and would not repair damage done by lack of sand timing a storm event. It was represented that the state regulations requires the ConCom permit the structure; there are requirements that need to be met; read 310 CMR 10.30(7) an exception to allowing the project. Bob Fetch, Executive Director'Sconset Trust— Submitted written comments for the file and read into the record. Not Lowell — Stated that this is the "end of the road" for this area; there is no guarantee this will work. Pete Kaizer, Fisherman — Soft structures are a nightmare from the fishing aspect; it ends up in the ocean. Rocks do not end up in the ocean; would rather see the bluff armored. Clay Backus, Coastal Recovery — At this point in time, it is evident something has to give. Reviewed concerns expressed. Additional efforts need to be put in to augment this project and encourage that those reviewed. The revetment could allow time for steps in the process to move forward. Holly Madison Pagon, 28 Baxter Road — The storms cause a lot of sight- seeing traffic and it is dangerous. Suzanne Cavedon, 21 Bank Street — Concerned about the revetment 1 %block from Cod Fish Park. John DeAngelis, 109 Baxter Road —Lost most of their back yard this year and have permission to move the house to the adjacent lot, but that will only buy 4 or 5 years. The only other option is to demolish the house. Page 4 of 8 Minutes for July 24, 2013, adopted Oct. 16 'Sconset Beach Preservation Fond continued Staff Suggested limiting the amount of time spent on public comment and reminded the board about setting up a schedule for additional meetings. The Town is in the process of hiring an independent engineer to review the project; the contract is ready to be executed. Special Hearings (7:34) Tuesday July 30, 4 p.m., location TBD. Thursday, August 8, 4 p.m., location TBD. Motion Continued to August 7 without objection. Vote NIA B. Abbreviated Notice of Resource Area Delineation 1. Westmoor Farms, LLC — 22 Pilgrim Road (41 -823) NAN -112 Sitting Sminaueq Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Erin Hilley, Wilkinson Ecological Design — did a vernal pool habitat assessment of an isolated vegetated wetland. Found that the wetland does not function as a vernal habitat. Public None Discussion (7:42) Discussion about what is being asked for. Staff We would be approving this resource area as isolated wetland and isolated land subject to flooding. It is semi - permanent and therefore not an inland water body; and it is not a vernal pool as it does not have the aggregate species. Through the ANRAM process, the applicant is asking that this be found as not a vernal pool. Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett) Motion to staff recommendation. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Carried unanimously C. Amended Orders of Conditions 1. *Kennedy —199R Hummock Pond Road (65 -24) SF48 -2346 Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting— Amend the order to allow three small structures with the same number of bedrooms; no change in buffer encroachment but one building would encroach 5 feet into the 50 -foot buffer. Massachusetts Natural Heritage said there is a foot path on the plan, but has not issued its final comment. Public None Discussion Staff (7:50) None The path and septic system have been approved by this board. Most of the septic is outside ConCom jurisdiction. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Motion to Approve. (made by: Okmy) Seconded by: Karberg) Vote Carried unanimously Carried unanimously III. PUBLIC MEETING A. Request for Determination of Applicability 1. -Daly —2 Nonantum Avenue (87 -5) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff The representative is not hear; asked for the board to continue to August 7. Motion Continued to August 7 without objection. Vote N/A Page 5 of 8 Minutes for July 24, 2013, adopted Oct. I6 2. -Nantucket Islands Land Bank — 158 Orange Street (55-61.1) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Bruce Perry, Nantucket Islands Land Bank — Propose to move building off the property; there is wetland. Public None Discussion (7:58) None Staff Reviewed the wetlands. Recommend as a Positive 2: resource area wetlands salt marsh Motion Motion to Approve as Positive 2. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 3. -Kelly — 65 -101 Hummock Pond Road (Road Layout) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative John DeSimmone — Install a 2 -inch force main for septic systems 3 -4 feet off the road and 4 feet deep for 1700 feet. Resource area is across the street and the bike path. All activity outside the 50 -foot buffer. Public Bruce Perry, Third -party Consultant Conservation Commission— Wants the headwall maintained. Discussion (8:01) None Staff Recommend as a Negative 2 allow work in buffer w /oat NOI Motion Motion to Approve as a Negative 2 (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously B. Minor Modifications 1. •68 Hulbert Avenue N.T. — 68 Hulbert Ave (29 -54) SE48 -2244 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Stuff This is on the agenda by mistake. Motion None Vote N/A C. Certificates of Compliance 1. "Sydness — 4 Salt Marsh Way (55 -295) SE48 -2510 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (8:08) None Staff Everything was constructed in accordance with the Order of Conditions; there is an on -going monitoring requirement. Recommend issue with ongoing condition. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 2. *Woburn Kimball, LLC— 1 Kimball Ave. (30 -33) SF48 -2408 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (8:10)None Staff Recommend issue. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously Page 6 of 8 Minutes for Julv 24, 2013. adopted Oct. 16 D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. -Welsh —101 Eel Point Road (32 -7) SE48 -2572 Sitting Swimmer, Oktay, Karberg, Golding, Johnson Recused Bennett Documentation Supporting documents and plans. Representative None Public None Discussion (8:11) Discussion about adding Condition 20. Staff Massachusetts Natural Heritage has signed off on this. Reviewed Order of Conditions. Condition 20 — all work to be contained on that lot. Motion Motion to Approve. (made by: Oktay) (seconded by: Golding) Vote Carried unanimously 2. -Leo — 1 Spring Street (55.1.4 -42) SE48 -2573 Sitting Steinauey Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (8:16) None Staff No waivers required Motion Motion to Approve. (made by: Oktay) (seconded by: Karberg) Vote Carried 3. -Sul Mare, LLC— I1 Columbus Ave (59.3 -111) SE48 -2576 Sitting Steinauer, Oktay, Karberg, Golding, Johnson Recused Bennett Documentation Supporting documents and plans. Representative None Public None Discussion (8:17) Discussion about the septic system. Staff Condition that materials stored outside 50 -foot setback. Requires a waiver. Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Karberg) Vote Carried 4. - Sankaty Bluff Group — 75 Baxter Road (49 -30) SE48 -2575 Sitting Steiramey Oktay, Karberg, Golding, Johnson Recused Bennett Documentation Supporting documents and plans. Representative None Public None Discussion (8:19)None Staff No conditions. Requires a waiver Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Karberg) Vote Carried 5. "Schweitzer -6 Jefferson Ave (29 -49.1) SE48 - Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (8:20) None Staff Not closed. Will draft positive order. Motion None Vote N/A Page 7 of 8 Minutes for July 24, 2013 adopted Oct. 16 6. *Traynor — 13 B Willard Street (42.4.1 -15) SE48 -_ Sitting Steinaueq Okmy, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (8:21) Need to condition what is done with the soil. Staff Not closed. Will draft positive order. Motion None Vote N/A 7. Discussion of other closed notice of intent public hearings E. Other Business 1. Reports: a. CPC —Need a representative. b.NP &EDC —Bemett c. Mosquito Control Committee — None d. Coastal Management Plan —Oktay e. Other — None 2. Commissioners Comment: a. Barnett — Would like "significantly altered buildings" double checked. Staff— Has already checked the legality of that before review of the regulations. Discussion about ability for regulations to be challenged legally. b. Golding — Stated he was under the impression that Town Counsel would be present during the discussion of 'Sconset Beach Preservation Fund. Staff — Town Counsel and the engineer will be present at the subsequent hearings. c. Golding — Asked if the emergency details were posted on line. Staff— Yes. 3. Administrator /Staff Reports a. Conservation Restriction (CIO Nobadeer Farm Ball Park — Inspections are done on CRs; presently there are very few. Motion to Approve. (made by: Oktay) (seconded by: Bennett) Carried unanimously b. Enforcement Order for Willard Street — Johnson asked what was being done about the retaining wall. Staff stated that the enforcement order will be mailed out. Motion to Adjourn at 8:35 p.m. Submitted by: Terry L. Norton Page 8 of 8