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HomeMy WebLinkAbout2013-8-7Minutes for August 7 2013 adopted Oct 16 NaHr� Fr., CONSERVATION COMMISSION 2 Bathing Beach Road o °yan Nantucket, Massachusetts 02554 www nantucket- ma.eov yip Q° Wednesday, August 7, 2013 4:00 P.M. 9pOflAt� Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Jennifer Karbe%AnBfw Bennett, Ian Golding, Michael Glowacki, Leslie Johnson a A f c, Called to order at 4:07 p.m. rn > F Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Mim6s Taker 2 Attending Members: Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson o a Absent Members: None Early Departure: Johnson 4.17 p.m.; Karberg 6:51 p.m.; Glowacki 7:15 p.m. Z Agenda adopted by unanimous consent W *b1atter, has at been heard � 1. PUBLIC MEETING A. Public Comment— Hummock Pond Bike Path Enforcement Order Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Kara Buzanoski, Director Department of Public Works (DPW) — In response to enforcement order for construction of wetlands area on the Hummock Pond Bike Path; the wetlands was not constructed per the plan: grades did not conform to the map. VHB contracted for a survey plan that showed extra fill in the wetlands area. Mr. Carlson met with Victor Paving and Mike Bums; have asked for a schedule of work to correct the situation. Fast verify fill removed to bring grades down to elevation 16, upland plants are to be removed and sediment removed, and fill in gullies at the top; erosion control barriers to be repaired/replaced. Scheduled to begin Aug 19. Stated that it took a long time to get the attention of the contractor of record. Discussion (4:07) Golding —Asked if there are penalties involved. Staff —As are allowed within the ConCom prevue. Oktay — Need to get something planted before winter is upon us. It needs to get stabilized. Concerned that the contract of record is able and qualified to rectify a problem they created. Oversight has to be strenuous. Glowacki — Expressed his opinion that ConCom's oversight should be with the applicant, not the contractor. Reiterated concerns about the contractor of record properly accomplishing the restoration. Golding— Stated he would like to hear first hand from Victor why what occurred happened. Buzanoski — The contractor's payments are being held up pending completion of restoration work. Public Emily MacKinnon, Nantucket Land Council — Nantucket Land Counsel holds the Conservation Restriction on the property. Expressed frustration with the contractor and Town and the time lost as a result. Referenced letter dated Jane 27, 2013 that addresses various violations that have not yet been addressed. Corinne Collier, Executive Director Nantucket Land Council — This is not in the buffer, it is wetlands replication. Applicant was supposed to submit a restoration plan by August 1, which was not done; suggested the commission ask for memorialize non - compliance with the enforcement order to ensure it gets done. Explained the importance of segmenting the work and need for a check and balance. Staff This is the procedural response from the Town to the Enforcement Order. Commission should look at having intermediary sign offs on each of the steps going forward. The cutting in wetlands that occurred still needs to be rectified. Suggested worrying about fixing grade first then worry about the plantings. ConCom oversight needs to be complete. For the wetlands disturbed outside the original permit, an amendment would be appropriate or can take action to mitigate under the enforcement. Ms Buzanoski and I have been tasked with making this right. Pagel of 6 Minutes for August 7, 2013 adooted Oct. 16 11. PUBLIC HEARING A. Notice of Intent 1. Thompson — 14 Fargo Way (14 -17) SE48 -2574 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Submitted at the table copies of building permits on file. Representative Roy Thompson, owner— Addressed a question about the extent of renovation work. There are two revelments to the west along the shore up -drift of his property; contends erosion has not been severe. There has been a significant increase in erosion in Polpis Harbor over the last three years. Suggested that up -beach his source of sand has dried up. There is space to move the house, but doesn't want to due to the cost and it would lower the value of the property. Explained why in his opinion a softer solution would not provide adequate protection. Contends that "end scour' would affect either his property or the unused proprietor's road. Explained the pattern of erosion over the last five years. Requested continuance to Discussion (4:36) Oktay — Samples indicate there is a lot of clay; a concern is that what comes out of the bluff feeds the salt marsh. The salt marsh dampens the action of waves. Golding — Asked about the option of moving the house. Bennett — Would like to see a softer solution. Oktay — If this were to be approved, should review the yearly input of nourishment and its make -up. Glowacki — If someone were putting nourishment into the salt marsh, the commission would be all over them. Explained it is hard to grasp the concept of the bank and salt marsh being separate. Steinauer — The two are very integral to each other as the salt marsh is capturing clay coming out of the bluff. Recalls that the erosion rate is pretty small, 1 or 2 feet a year; asked if that included the past year. Concerned about getting caught in a trap of using a high rate of erosion forjusfification for installing the structure but mitigation is calculated at the lower rate of erosion. Golding — Asked about the source of 17 cubic yards of replacement sand. Steinauer — Have not heard about a contingency plan for and scour. Review of questions that need responses and additional plans requested by the board. Glowacki — Expressed concerns about determining "substantial improvement" and the 20% rate. Discussion about applying the "grandfather" rule and "substantial improvement" Public Sarah Alger, Sarah F. Alger P.C., for 78 Wauwinet Road — Do not think the option of retreat has been adequately reviewed. David M. Haines, Haines Hydrogeologic Consulting, for 78 Wauwinet Road — Requested a determination on the property in terms of the wetland boundary, a stream and the coastal bank; the bank is eroding as well. There are geologic features that rely on the sediment coming off the bluff. Referred to a previous determination of resource areas plan. Staff None Motion Continued to August 21 without objection Vote N/A 2. Schweitzer -6 Jefferson Ave (29 -49.1) SE48 -2580 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative John Stover, Stover Engineering Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Discussion (5:16) No comments or questions. Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 3. Nantucket Islands Land Bank —181 Hammock Pond Road (65 -25) SE48 -2579 Sitting Steinauer, Oku y, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion (5:17) No comments or questions. Public None Staff Reviewed what the commission had asked for. The representative is on vacation. Should be continued. Motion Continued to August 21 with objection. Vote N/A Page 2 of 6 Minutes for August 7. 2013. adopted Oct. 16 4. -Blue Shutters R.T. — 4 Hulbert Avenue (42.1.4 -2) SE48 -2582 Sitting Stemauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors —New Notice of Intent (NOI) for a 20X22 foot addition to garage and elevate above the flood plain and move north out of the 50 -foot buffer zone. Will vegetate the 25- fool no- disturb zone with native plants. Will need a zoning variance to move the structure. Seek waiver under long -term net benefit from lifting and moving and revegetation of the no- disturb zone. Will submit a full foundation plan. No work will occur in the wetland. Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Plan to show net benefit. David M. Haines, Haines Hydrogeologic Consulting— There are invasive plants along the edge of the 25 -foot buffer; it is planned to remove those. Discussion (5:20) No comments. Public None Staff None Motion Motion to Close. (made by: Bennett) (seconded by: Okmy) Vote Carried 5 -0 5. -97 Squam Road N.T. — 97 Squam Road (12 -30) SE48- Sitting Steinaueq Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Reviewed resource areas. Removing house that is inside the 50 -foot buffer and constructing a garage /apartment and gazebo outside the buffer zone. The buffer will be revegetated. Plan to continue using the existing septic until a new main dwelling is constructed; then it will be abandoned. Request continuance. Discussion (5:30) No comments. Public None Staff None Motion Continued to August 21. Vote N/A 6. Water's Edge N.T. —16 Medouie Creek Road (20 -26) SE48 -2577 Sitting Stemauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed supplemental information provided (5:35) to the board and issues raised by the abutters. Reviewed of the project in rota. The only waiver is for work on the driveway. Massachusetts Natural Heritage issued a letter of No Take on the property. Indicated land to be put under a Conservation Restriction. Have proposed significant project oversight so there will be awareness of any invasive species that turn up. Explained the relocation of the Osprey nest and Barn Owl boxes. Explained the method to ensure only one vehicle is on the driveway at a time. Did not include areas for "beneficial use." Seth Wilkinson, Wilkinson Ecological Design — Reviewed changes to the Land- Management Plan mitigation areas. Provided additional data on removal of phragmites. Scott Smyers, Field Biologist Oxbow Associates —The plans delineate the wetlands and have noted the fresh -water nature of the wetlands along the driveway. There is about 850 square feet of impact. Buffer zone work is limited to the road and utilities work. Proposed erosion control stabilization for the road using geo- textile fabric and steel edging. Optimistic that the habitat enhancement will be successful in the long run. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. Glenn Wood, Rubin and Rudman LLP — Submitted documents dated August 1 supporting how the project complies with regulations and a second submittal in response to abutter concerns expressed at the last meeting. The only waivers required are connected to the driveway and one for a small, fragmented coastal bank. Presented an argument as to why the 50/75 regulation about habitat should not be applied here and contends it is a defective regulation that should be reviewed. Page 3 of 6 Minutes for August 7. 2013. adopted Oct. 16 Water's Edge NT continued Discussion Oktay — Trenching for utilities runs within 25 feet. Stated her main concern was keeping siltation (6:21) from the road out of the wetlands. Steinauer — Right now there are large fresh -water wetlands either side of the road and with rising sea levels there will be salt -water intrusion; wonders about mitigation for fresh water. It would change the cattail habitat used by harriers. Wilkinson — Offered to keep an eye on that as part of the monitoring. Gamy — Asked if Massachusetts Natural Heritage asked for Barn Owl boxes. Wood — It was a °quiet' request that he stated they would be willing to abandon. Gasbarro — Explained why the turnout is at the vernal pool. Steinauer — Believes that there is a proposed net benefit due to improvement of the habitat areas. Stated that his opinion he doesn't consider planting grass as an alteration. Starting to repeat themselves and the discussions. Public Daniel J. Bailey, Rackeman, Sawyer & Brewster for David O'Brien, 18 Medouie Creek Road — (6:31) Asked what physical work is proposed on his client's property in regards to the driveway. (Gasbarro: Explained the work, assured no increases in the road width.) Expressed the concern that there will be a lot of construction vehicles running over 8 -foot wide dirt tracks that are very close to vernal pools and the berm either side of the track will be changed. (Gasbarro: Respectfully disagreed and stated maintenance would keep the berm stable; and that there would be careful oversight of the construction and impact on resource areas.) Addressed the regulation about the 50- & 75 -foot buffer to species habitat; contends the commission is obligated to enforce it. Laura Schofield, Wetlands Scientist Schofield Brothers, for David O'Brien, 18 Medouie Creek Road — In the course of construction the dirt track will be altered; that is of most concern along the easement where the O'Brien want to install a split -rail fence. Erosion control should be managed day m day. Reviewed the Performance Standard for vegetated wetlands and the proposed management of those areas; explained some conflicts. Contends a Massachusetts Natural Heritage No -Take is required due to the Northern Hamer habitat More than 50% of the buffer area is being altered. Request an overlap of the salt marsh and salt pond be shown and plans don't delineate the salt marsh that is being referred to. Emily MacKinnon, Nantucket Land Council — Primary concern was work on the road in the wetland resource area; applicant has addressed those. The establishment of a newly created wetland area and bringing it to a point of success will take a long time; want assurance that work is successful on the long term. Read by -law Performance Standard Chapter 136 Sect 9 because it allows the commission to set up conditions to ensure conditions are met. Pointed out Sect 2.11 Coastal Wetlands; Massachusetts Natural Heritage program reviews work around habitat and provides the commission leeway for work. Staff Should ask the applicant to provide a plan that shows the percentage of alteration and showing buffer zones. This commission weighs the construction plan and set standards for them to protect resources; it is up to the company to figure out how to make it work. Need to look at the interests ConCom is trying to protect; reviewed those interests. Read the complete definition for "alter." Motion Motion to Close. (made by: Glowacki) (seconded by: Golding) Vote Carried 5 -0 Glowacki expressed concern that the committee has already met for 3.5 hours and would like to hold the rest of the item for 4 p.m. August 8. 111. PUBLIC MEETING A. Request for Determination of Applicability 1. *Daly— 2 Nonantum Avenue (87 -5) (cant to 8/21) 2. *Ananthan Family L.P. — 72 Monomoy Road (43 -115) Sitting Steinauer, Oktay, Bennett, Golding Recused None Documentation Supporting documents and plan. Representative Bob Emack— No work proposed; verifying resource areas. Arthur Reade, Reads, Gullicksen, Hanley, Gifford & Cohen LLP David M. Haines, Haines Hydrogeologic Consulting Discussion (7:19) Discussion about the resource areas. Public None Staff The resource areas are verified. Recommend Pas 2A verifying resource mess. Motion Motion to Issue as a Positive 2A. (made by: Oktay) (seconded by: Bennett) Vote Carried 4 -0 Page 4 of 6 Minutes for Aueust 7. 2013. taunted Oct. 16 B. Minor Modifications 1. - Dougherty -23&25 Pilgrim Road (41- 98&.616) SE48 -2563 Sitting Steinauer, Oktay, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — File is to amend the foot print of the building with the patio becoming part of the building with a window well inside the 100 -foot buffer. Discussion (7:23) No comments. Public None Staff Recommend to issue Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried 4A C. Certificates of Compliance 1. *Barbieri —14 Gosnold Road (30 -83) SF48 -2282 Sitting Steinauer, Okmy, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion (7:25) No comments. Public None Staff Construction of dwelling, garage and installation of septic. Waiver for separation from ground water. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried 4 -0 2. -Wareing —16 Monotony Road (54 -52) SE48 -2487 Sitting Steinauer, Oktay, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Completion of 2 -story garage /dwelling outside 50 -foot buffers. Discussion (7:26) No comments. Pubic None Staff None Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried 4 -0 3. *Folberth Family N.T. — 62 Walsh Street (29 -85) SE48 -2214 Sitting Steinauer, Oktay, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion (7:27) No comments. Public None Staff Did not do the work and do not intend to. Closing out the permit Motion Motion to Close the permit. (made by: Oktay) (seconded by: Bennett) Vote Carried 4 -0 D. Orders of Conditions (Ifthe public hearing is closed — for discussion and/or issuance) I. 'Schweitzer -6 Jefferson Ave (2949.1) SE48 -2580 Sitting Steinauer, Okmy, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion (7:28) No comments. Public None Staff No conditions. Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett) Vote Carried 4 -0 Page 5 of 6 2. - Traynor — 13 B Willard Street (42.4.1 -15) SE48 -2578 Sitting Steinauer, Oktay, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion (7:29) No comments. Public None Staff Closed last meeting. Conditions — materials stored outside 50 and no importation of fill, photos of disturbed area at beginning of growing season, plant material through digester. Requested waivers for const 50 feet and 2 -foot sep from ground water. Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett) Vote Carried 4 -0 3. * Nantucket Islands Land Bank — 181 Hummock Pond Road (65 -25) SE48 -2579 (cont 8/21) 4. *Blue Shutters R.T. — 4 Hulbert Avenue (42.1.4 -2) SE48 -2582 Sitting Steinauer, Oktay, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion (7:31) Oktay — Wants all plant material to go through the digester. Public None Staff Conditions — materials stored outside 50 and no importation of fill. Photo monitoring for 3 years. Add Condition 23 all plant material through digester. Motion Motion to Issue with addition of Condition 23. (made by: Oktay) (seconded by: Bennett) Vote Carried 4A 5. *97 Squam Road N.T. — 97 Squam Road (12 -30) SE48- (cont 8/21) 6. Water's Edge N.T. —16 Medouie Creek Road (20 -26) SE48 -2577 Sitting Steinauer, Oktay, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion (7:33) If they can maintain the integrity of the road design, all else is okay. Could address potential of a habitat but there is no adverse impact; reference the Massachusetts Natural Heritage decision and reference Regulation 3.05. Request photo monitoring and evaluation of changes of the freshwater wetlands to salt marsh. Review of the proposal. Public None Staff Asked for guidance. Will draft a positive order. Motion N/A Vote N/A 7. Discussion of other closed notice of intent public hearings E. Other Business 1. Reports: a. CPC —None. Golding volunteered to be the representative. b. NP&EDC — Bennett c. Mosquito Control Committee — Oktay d. Coastal Management Plan — Oktay e. Other 2. Commissioners Comment —None 3. Administrator/ Staff Reports — None - Motion to Adjourn at 7:46 p.m. Submitted by: Terry L. Norton Page 6 of 6