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Home My WebLink About2013-8-21Minutes for August 21 2013 adopted Oct 16 >N,ucrE.. CONSERVATION COMMISSION pia ri�. 2 Bathing Beach Road I yr, Nantucket, Massachusetts 02554 \ www.nantucket-ma.gov yco\` �� Wednesday, August 21, 20114 00 P.M. 9'OdNh \E� Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki, Leslie Johnson Called to order at 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Notion, Town MingW Taker Attending Members: Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson v °✓� Absent Members: None p Early Departure: None fp*t Agenda adopted by unanimous consent n N n *Matter has not been heard ....] rn I. PUBLIC MEETING A. Public Comment —None f ___3 p PUBLIC HEARING 2 O B. Notice of Intent I. Thompson -14 Fargo Way (14 -17) SE48 -2574 (continued to 9/4/2013) - rn Co 2. Nantucket Islands Land Bank —181 Hammock Pond Road (65 -25) SE48 -2579 o Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bruce Perry, Nantucket Islands Land Bank — Replace boardwalk crossing a resource area across the slough in the Gardner property. Have a Massachusetts Natural Heritage letter states the project will not adversely impact rare species. Explained how the existing board walk deck would be removed and that the stringers would remain. Request a continuance. Discussion (4:03) Oktay — It is much less disruptive to just cut the boards off. Golding — Asked about how much sawdust would be produced for cutting the boards and the affect it would have on the salt marsh. Discussion about the sawdust. Glowacki — Expressed concern about closing the hearing if face of the lack of a stamped set of plans. Public None Staff Have everything needed m close. Motion Continued to September 4 without objection. Vote N/A 3. 97 Squam Road N.T. — 97 Squam Road (12 -30) SF48 -2583 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting— This was continued due to lack of a Department for Environmental Protection (DEP) file number. Explained what will happen in the area from which the house is being removed. Discussion (4:11) None Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously Page 1 of 7 Minutes for August 21, 2013, adopted Oct I6 4. -Farrell, Trustee — 77 Eel Point Road (31 -014) SE48 -2586 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Have lost 13 feet in this past year. After the mover, the structure would still be in the buffer zone; the septic system will be replaced with one outside the coastal bank buffer zone. Explained the process of removal of the existing tight tank and leach field. Proposing to sink a drinking -water well within the 50 -foot buffer. Asking for a waiver for work on an existing structure within 50 -feet. Requested a continuance. Dick Earle, Engineer of Record Discussion (4:14) None Public None Staff None Motion Continued to September 4 without objection Vote N/A 5. - Westfall — 30 Mom moy Road (54 -210) SE48 -2585 Sitting Shimmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Proposed work for construction of pooltspa and associated landscaping within the 100 -foot buffer to a boarder vegetative wetlands (BV W) and coastal bank resource areas, located across the street. All pool equipment will be subsurface and a drywell placed outside the 100 -foot buffer. A sub - surface septic is being abandoned in favor of tying into Town sewer; explained what will happen to that system. Discussion (4:20) Golding — Asked about where the pool discharge would go. Commented about chlorinated pool water leaching into the sand and about the possibility of that water working its way into the resource areas. Asked about the water being discharged into the sewer. Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 6.'McGilvmy -30 Rhode Island Avenue (60-3.1.-152) SF48- Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Propose to relocate an existing single - family dwelling and install a tight -tank septic system and drinking water well. Resource areas are a coastal beach and a coastal dune, which is the entire site. Explained how the structure would be moved and installed on pilings and deck. Disturbed areas will be restored to natural state with beach grass. Will add the location of the previous septic system to the site plan. The property isjust outside the Massachusetts Natural Heritage jurisdiction. Requested a continuance. Discussion (4:28) Discussion about debris that might not be readily apparent at this time. Public None Staff Would condition a positive order to require the removal of the old well should it appear. Motion Continued to September 4 without abjection Vote N/A Page 2 of 7 Minutes for August 21, 2013. adopted Oct. 16 7. •Kielley -26 Gosnold Road (30 -89) SE48 -2584 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors - Proposed work would be done by a contract purchaser to redevelop the site; work to include: demolition of the existing garage /apartment, move or demolition the house and construction of new structures. Confirmed wetlands resource area. Main dwelling had sump pump installed in the mid to late 1980s which discharges onto the abutter's property. Said that a resource area exists that is not defined. The sump will be removed as well as the water to allow the area to dry back up. Explained the restoration of the 25 -foot no-disturb area. Have submitted a file to MESA, but have not received a response. No building work will be within the 50 -foot buffer. Request a waiver for work in regards to the "wetlands" created by the sump discharge, and a waiver based upon net benefit. Moving the house will require work on Grave's property. Request continuance for the Massachusetts Natural Heritage comments. Discussion (4:38) Oktay - Asked about the plants that would be used for re- vegetation. (Answer: will provide a plant list.) Stated the goal is to restore the hydrology to what it was previously. Discussion about the sump discharge situation. Public Sarah Alger, Sarah F. Alger P.C. - Stated her client, Susan Viano, is interested in moving both the house and garage onto her property. Want to know what will happen to the water in the future. Doesn't want it on his property. Water pools at Gosnold and Hallowell then back washes across his property and floods the driveway. Staff Nothing to add. Motion Continued to September 4 without objection Vote N/A 8. •FAB ACK2, LLC -15 Laurette Lane (14 -10.1) SE48- Sitting Steinauer, Oktay, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. - A 5 -foot tall coastal engineering structure, a vertical bulkhead, for protection of a pre -1978 structure (1971). There are no feasible alternative locations due to proximity of wetlands. Construction access is from an existing driveway; plan to install sheet pilings 112 feet long (only long enough to protect the structure). States he considers the coastal structure a water dependent use and feels the structure is in imminent danger. Reviewed compliance with specific performance standards. Calculate the sediment contribution to be approximately 11 cubic yards (CY) per year. Amenable to a condition to provide 22 CY twice annually. Propose a corrugated sheet base to refract the wave energy. Do not propose to maintain bulkhead coverage; it will be visible. Suggested he could come up with a proposed nourishment mix that is more coarse for the next hearing. Requested a continuance for two weeks. Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP - Reviewed the situations and ages of other structures in the area and why they would not qualify for a coastal engineering structure. Retreat is not an option on this site. Discussion (5:00) Glowacki - Reviewed the resource areas: coastal beach, coastal bank, land subject to coastal flooding and BV W. There is no salt marsh. Steinauer- Asked if a soil analysis has been done. (Answer: waiting on the results of the test.) Oktay - Expressed concern about constructing a very vertical structure; suggested a slightly angled vegetated slope would hold the line. Discussion about the pros and cons of the proposed revetment and alternatives. Johnson - Concerned about starting a precedent that could result in a seawall all the way down. Golding - Concerned about the ability to replicate "nourishment." Glowacki - Expressed concern about "dumping gunk" into the harbor, especially in the face that other projects along resource areas are being required to install silt fences. Steinauer - Would like the subject of "end scone' addressed for the next hearing. Public None Staff Stated the Emily MacKinnon, Nantucket Land Council could not attend the meeting and intends to submit written comments. Motion Continued to September 4 without objection Vote N/A Page 3 of 7 Minutes for August 21, 2013, adopted Oct. 16 9. *Nicholes & Bauer— 5, 6, & 9 Medouie Creek (20 -5, 24 & 4) SE48- Sitting Steinaueq Oktay, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Last May confirmed the wetland Representative resource areas. Reviewed the work detailed on the Notice of Intent. Requesting a waiver for groundwater separation. Do not anticipate dewatering; if it were to occur, would use a dirt bag. Can't Discussion (5:54) maintain a 100 -foot setback for a septic; proposing a 2 -inch PVC force main to extend out to Medouie Public Creek then along the northern shoulder and under two culverts to a small trench. Explained the trench Staff construction and erosion control mitigation. Propose a shared driveway set back from wetland areas. Motion Have conducted a comprehensive botanical survey in compliance with Massachusetts Natural Vote Heritage. Driveway sited based upon the findings of that survey. There are proposed ditch crossings; explained construction of those crossings. Request a continuance for two weeks. Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP John Bracken, Bracken Engineering— There is enough area to support a 4- bedroom system; looking at the possibility of a shared system though would prefer separate systems. Discussion (5:29) Discussion about the rationale for the layout and system design versus alternatives. Golding — Asked how quickly sediment could build up in the trench. (Answer: that is hard to say; that is the reason for the riff -ruff.) Oktay — Asked if there is a mitigation area to be worried about. (Answer: proposing to provide replication at 1 -to -l. The amount of alteration within the vegetated woody area is minimal.) Discussion about replication of the wetland areas and protection of rare plants. Public None Staff Presented a Nantucket Land Counsel letter to the commissioners. Motion Continued to September 4 without objection Vote N/A B. Amended Orders of Conditions 1. * 17 Massachusetts Ave. N.T. — 17 Massachusetts Ave. (60.3.1 -315, 60 -5) SE48 -2498 Sitting Steinaueq Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative John Bracken, Bracken Engineering — Had proposed a grey -water system for a tight tank; DEP refused the tight tank; no proposing a de- magnification and de- pressurization system. All the work is within the flood plain. Discussion (5:50) None Public None Staff Recommend issue Motion Motion to Issue. (made by: Bennett) (seconded by: Golding) Vote Carried 6- 1 /Oktay opposed II. PUBLIC MEETING A. Request for Determination of Applicability 1. -Daly — 2 Nonantmn Avenue (87 -5) Sitting Steinaueq Okmy, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative John Bracken, Bracken Engineering — Sink a well in the northwest comer of the lot. Could potentially have an isolated wetlands off the property. Discussion (5:54) None Public None Staff Recommend issue as Negative 3 for work inside the buffer zone Motion Motion to Issue. (made by: Oktay) (seconded by: Kmberg) Vote Carried unanimously Page 4 of 7 Minutes for August 21 2013 adopted Oct. 16 B. Minor Modifications 1. •Sankaty Bluff Group — 75 Batter Road (49 -30) SE48 -2575 Sitting Steinauer, Way, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Bob Emack— Asking for a full foundation. Discussion (5:57) None Public None Staff Recommend issue. Motion Motion to Issue. (made by: Oktay) (seconded by: Glowacki) Vote Carried unanimously C. Certificates of Compliance 1. "Kindler -4 Huckleberry lane (32 -21 &21.1) SE48 -1263 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (5:59) None Public None Staff For an elevated walkway, it is in compliance; recommend issue Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 2. Riley — 6 Eat Fire Spring Road (20 -8.8) SE48 -1725 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Reviewed the aspects of the project and how problems have been resolved. Discussion (6:00) None Public None Staff The enforcement officer reported that it looked lice nothing has been disturbed. Believe it has reached the level of compliance required by the order. Recommend issue. Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously D. Orders of Conditions (If the public hearing is closed— for discussion and/or issuance) 1. Nantucket Islands Land Bank —181 Hummock Pond Road (65 -25) SE48 -2579 (cunt to 9/4/2013) 2. 97 Squam Road N.T. — 97 Squam Road (12 -30) SE48 -2583 Sitting Steinauer, Way, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:07) None Public None Staff Condition is that photos of the vacated area be provided to prove it is still lawn. Pointed out a typo to be corrected. Motion Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Page 5 of 7 Minutes for Aueust 21. 2013, adorned Oct. 16 3. Water's Edge N.T. —16 Mediate Creek Road (20 -26) SE48 -2577 Sitting Steinaueq Oktay, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Suggested taking the last sentence of Condition 23 and adding it to Condition 26. Expressed concern that Condition 26, with the requirement that reporting has to be done every five years for 15 years, could preclude receiving a Certificate of Compliance until the 15 years runs out. Discussion (6:09) Discussion about correcting a Massachusetts Natural Heritage typo. Golding— Suggested that in sight of how successful wetland replication is, would like reporting on the replication areas for five years added to Condition 26. Staff — That reporting cannot exceed 3 years as that is the limit of the permit. Oktay —Noted a typo. Glowacki — Addressed the notion of replication and where responsibility for getting it right lies. Wants to be cautious about micro - managing responsibility. At compliance time it is either right or not. Discussion about references to responsibility for managing replication areas. Discussion about adding language that the Certificate of Compliance is not dependent upon 15 -years of reporting. Oktay — In Condition 27, asked about quantifying the impact of the driveway and what would qualify as a failure. Public None Staff Reviewed the project. Conditions 18, 19, 20, 21, 22 & 23 were part of Massachusetts Natural Heritage impact letter. Added Condition 24 requiring ConCom get copies of Massachusetts Natural Heritage reports. Found a typo that needs correcting. Reviewed conditions added that are found in other similar projects in similar resource areas. Reviewed requested the waivers. Will add installation of wells and a septic system including all components. Motion Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 4. -Farrell, Trustee — 77 Eel Point Road (31 -014) SE48 -2586 (cont to 9/4/2013) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Will draft a positive order. Motion None Vote None 5. • Westfall — 30 Monotony Road (54 -210) SE48 -2585 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion Discussion about chlorine water discharge conditions. Public None Staff None Motion None Vote None 6. •McGilvray— 30 Rhode Island Avenue (60 -3.1. -152 SE48- (cont to 9/4/2013) 7. Discussion of other closed notice of intent public hearings Page 6 of 7 Minutes for August 21.2013, adopted Oct. 16 E. Other Business 1.'Sconset Beach Preservation Fund — Discussion about possibly rescheduling the special hearing for Tuesday, August 27'". 2. Reports: a. CPC — Golding b.NP &EDC — Bennett c. Mosquito Control Committee — Oktay d. Coastal Management Plan — Oktay e. Other 3. Approval of Minutes - None 4. Commissioners Comment —None 5. Administrator/ Staff Reports/ Enforcement. a. On Thursday, August 22, will be on the Hummock Pond Bike Path to look at the wetlands and try to do some the hydric -soil analysis. It is a lot closer to being resolved than it was a week ago. Motion to Adjourn at 6:45 p.m. Submitted by: Terry L. Norton Page 7 of 7