HomeMy WebLinkAbout2014-2-5CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, February 05, 2014 4:00 p.m.
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 4:02 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker
Attending Members: Steinauer, Oktay, Karberg, Bennett, Golding, Johnson
Absent Members: Glowacki
Agenda adopted by unanimous consent a s
z
-Matter has not been heard
L PUBLIC MEETING n z
A. Public Comment -None rn
M N CJ
M
IL PUBLIC HEARING —a
A. Notice of Intent M I. Farrell, Trustee — 77 Eel Point Road (32 -14) SE48 -2608 (coot to 2/19/2014) r o
2. Nantucket Islands Land Bank —4 Codfish Park Road (73.2.4 -42) SE48 -2614
Sitting Steinauer, Oktay, Bennett, Golding, Johnson s
Recused Karberg
Documentation Supporting documents and plans.
Representative Bob Emack — Reviewed the details of various aspects of the planting plan. The resource areas have
been confirmed.
Julie Jordin, Landscape Artist — Any changes made to the plan had to do with engineering aspects,
such as drainage. The concept of the plan is to make this fully wheelchair accessible. Explained the
planting plan along the street side of the playground. There is no parking; this is a walk -to park for the
village of `Sconset.
Arthur Ronde, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Studies have determined that
there is no coastal done resource area in the space occupied by the playground. This space is already
being used as a children's playground; this application upgrades the play structures and access. It was
continued at the last meeting in deference to the neighbors to allow them time to review the plan.
Discussion Oktay — With children using the playground, asked about the use of pesticides to remove invasive
species.
Jordin — There are no invasive species.
Public None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Johnson)
Vote Carried unanimously
3. Coffey — 24 Long Pond Drive (59 -17) SE48 -2631
Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion Steinauer — Standard condition about pool drainage.
Public None
Staff Were waiting for Massachusetts Natural Heritage sign off, which arrived. Have everything needed to
close. Reviewed the project.
Motion Motion to Close. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
Page 1 of 7
4. Swain's Point N.T. —260 Polpis Road (25 -1) SE48 -2633
Sitting
Steinauer, Oktay, Bennett, Golding, Johnson
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — This NOI is to establish the resource
boundaries according to local regulations and bring expired orders together to allow the work to be
completed to include: removal of old materials, fix up the bridge over the tidal creek, and setting new
delineated edges of mowing. Explained how the old bridge and the concrete would be removed with
the least amount of disturbance then how the banks would be stabilized. The lawn is native grasses.
Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — This is an effort to clean up the
old order.
Discussion
None
Public
None
Staff
Stated that one of the verified spots on the main house lawn was wet during a moon -tide; however,
there seems to be no regular standing water. Have everything needed to close.
Motion
Motion to Close. (made by: Bennett) (seconded by: Oktay)
Vote
Carried unanimously
5. LaBOmbard—
62 West Chester Street (41-373) SE48-2625
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Still waiting for a stamped plan.
Motion
Continued without objection to Feb. 19, 2014.
Vote
N/A
6. Five Crows Nest N.T. — 5 Crows Nest Way (12 -22.2) SE48 -2635
Sitting
Shimmer, Oktay, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. —NOI is for modifications to the structure and
deck in a coastal dune resource area. Offered it be conditioned subject to a revised plan showing the
deck not to extend into the resource area.
Discussion
Steinauer — The edge of one deck is over the sand done; the rest is in lawn or elevated.
Oktay — The orders would have to be carefully worded.
Public
None
Staff
Was continued pending Massachusetts Natural Heritage sign off. In conjunction with the walkways
being elevated it is a net improvement having the patio at grade. Have everything needed to close.
Motion
Motion to Close. (made by: Golding) (seconded by: Oktay)
Vote
Carried unanimously
7. Hoffman — 7
& 9 Grant Ave. (30 -142) SE48 -2632
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
David M. Haines, Haines Hydrogeologic Consulting — A change since the last hearing includes the
use of biodegradable jute netting instead of geo- fiber. Have determined that the grape is rare but not
invasive and would like to keep it. Reviewed the areas where invasive species would be removed.
Discussion
None
Public
None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Karberg) (seconded by: Bennett)
Vote
Carried unanimously
8. FABACK 2,
LLC —15 Lauretta Lane (14 -10.1) SE48 -2634 (cont to 2/192014)
pace 2
9. *Caplan —37 Hulbert Avenue (29 -20) SE48 -2636
Sitting Stemaueq Oktay, Karberg, Bennett, Golding, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — The NOI is for expansion of the existing structure on a level,
developed lot in the area of a coastal bank (a man -made bulkhead) and land subject to coastal flowage.
The site has a preservation restriction that runs with it limiting where expansion of the structure can
take place. Request waivers for no adverse impactino reasonable alternative and work within the 50-
foot setback and work within land subject to coastal flowage. Reviewed the work to be done.
Discussion None
Public None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Okmy) (seconded by: Bennett)
Vote Carried unanimously
10. *Urbahn — 101 Low Beach Road (75 -32) SE48 -2638
Sitting Steinaueq Oktay, Karberg, Bennett, Golding, Johnson
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion None
Public None
Staff Received email from Mr. Mark Rits, Site Design Engineering, requesting a continuance.
Motion Continued without objection for February 19, 2014.
Vote N/A
11.- Rabbit Run R.T. — 24 Rabbit Run Road (28 -8) SE48 -2640
Sitting Steinauer, Oktay, Bennett, Golding, Johnson
Recused Karberg
Documentation Supporting documents and plans.
Representative David M. Haines, Haines Hydrogeologic Consulting— NOI is for the construction of a new dwelling.
No irrigation will be within the 50 -foot buffer; outside that area, the irrigation would have sensors to
detect rainfall. There is an isolated wetland on the adjacent property. The property will not be graded;
they will utilize walkouts for the basement level.
Requested a continuance for Massachusetts Natural Heritage sign off.
Discussion None
Public None
Staff None
Motion Continued without objection for February 19, 2014.
Vote N/A
12. -Sisk —153 & 155 Wauwinet Road (11 -3) SE48 -2639
Sitting Steimmer, Oktay, Karberg, Bennett, Golding, Johnson
Recused None
Documentation Supporting documents and plans.
Representative David M. Haines, Haines Hydrogeologic Consulting — NOI is for a stabilization project for a blown -
out dune area. Will do a maze of snow fencing and plant with beach grass and use beach plum to block
the wind, would like to do some sand nourishment as well. Also, there is a path across the done,
propose a removable boardwalk either plank or rollout. Would like to keep an existing zig -zag sand
fence. Massachusetts Natural Heritage wants work to be done by hand and the timing of construction
to be September 30 to April 1. There is a conservation restriction held by Nantucket Land Council on
this land.
Request a continuance for Massachusetts Natural Heritage sign off.
Marianne Hanley, Gullicksen, Hanley, Gifford & Cohen LLP
Discussion Steinauer — Would want a grain -size analysis for the nourishment.
Public None
Staff Explained what the analysis and planting schedule should contain.
Motion Continued without objection for February 19, 2014.
Vote N/A
13.- McGivney -45 West Chester Street (41 -230) SE48 -2637
Sitting Stemmer, Oktay, Karberg, Bennett, Golding, Johnson
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion None
Public None
Staff Received email from Mr. Mark Rits, Site Design Engineering, requesting a continuance.
Motion Continued without objection for February 19, 2014.
Vote N/A
14. +Stock — 50 Squam Road (21 -8) SE48- front to 2/19/2014)
15. •Bartholomae — 52 Tennessee Ave. (59.4 -95) SE48 -2642
Sitting Steinaueq Oktay, Karberg, Bennett, Golding, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. —NOI to upgrade of septic system within the
buffer zone of a bordering vegetated wetlands and saltmarsh. Old leech trenches will be removed and
will install an elevated leech bed with infiltrator chambers, the bottom of which will be at 1 foot below
grade; there will be 4 -foot separation from ground water. Restricted by Title 5 regulations; the owners
are entering into an Administrative Consent Order (ACO) with the Town. The project does meet Title
5 but not local regulations for a septic within 100 feet of a wetlands; therefore asking for a waiver.
There is a net benefit from entering into the ACC. Explained Title 5 Sand to be used on the mounded
system.
Request continuance to gather further information.
Discussion Discussion about the restrictions and permissions effected by the ACO.
Oktay — Al 4 -foot groundwater separation, the system doesn't meet with Title 5. (Gasbarro explained
how it does meet Title 5.) Stated she will not sign off on it as it isn't an IA system and has only 4 -feet
groundwater separation; should have at least 5 -feet separation.
Discussion about why a composting toilet would not be permitted by the Board of Health.
Discussion about Tight Tank and Title 5.
Public Emily MacKinnon, Nantucket Land Council — Suggested there should be some communication with
the Board of Health about this subject.
Staff Stated this permit would be long expired before sewer were to be brought to Madaket. Suggested
asking the Board of Health about the chance of granting the 4 -foot groundwater separation. Will try to
get Richard Ray or Artell Crowley to come talk about this in March or April.
Motion Continued without objection for February 19, 2014.
Vote N/A
16. Town of Nantucket/SBPF — 85 -107A Baxter Road SE48 -2610 (cont to 2/19/2014)
Staff— Explained the reasons for the delay of this NOL
Golding — Asked for up-to -date figures of how much sand has been used per week.
17. SBPF — Baxter Road Area (Multiple) SE48 -2581 front to 2/19/2014)
B. Amended Orders of Conditions
1. Sullivan-60 Cliff Road (30-65) SE48-2566
Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors —NOI was for a slate -stone patio, which has not been done; asking
about expanding the wood deck to the back side shower. Lawn edges up to bordering vegetated
wetlands.
Discussion Johnson — The wood deck is better than the stone patio.
Steinauer — The only reason the deck was permitted was because it was over the existing patio.
Discussion about reducing the size of the deck to keep it within the infill on the back.
Public None
Staff If it is closed, it will be issued with the plan as modified at the table.
Motion Motion to Close and Issue as amended. (made by: Golding) (seconded by: Oktay)
Vote Carried unanimously
Page 4 of 7
Ill. PUBLIC MEETING
A. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance)
1. - Nantucket
Islands Land Bank —4 Codfish Park Road (73.2.442) SE48 -2614
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Will write up a positive order to be approved at the next meeting.
Motion
None
Vote
N/A
2. Coffey — 24
Long Pond Drive (59 -17) SE48 -2631
Sitting
Steinauer, Okmy, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Added the condition that the pool water is to be discharged outside the area of ConComjmisdiction.
Motion
Motion to Issue as drafted. (made by: Oktay) (seconded by: Karberg)
Vote
Carried unanimously
3. - Swain's Point N.T. — 260 Polpis Road (25 -1) SE48 -2633
Sitting
Steinauer, Oktay, Bennett, Golding, Johnson
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Asked that Condition 2 include
that there is a cut off at some point on the reporting.
Discussion
None
Public
None
Staff
Read Condition 2 in regards to reporting at the beginning and the end of each growing season. Will
add that reporting continues until the Certificate of Compliance is issued or 3 years.
Motion
Motion to Issue as amended. (made by: Okmy) (seconded by: Bennett)
Vote
Carried unanimously
4. •LaBombard— 62 W. Chester Street (41 -373) SE48 -2625 (cunt to 2/192014)
5. -Five Crows Nest N.T. — 5 Crows Nest Way (12 -22.2) SE48 -2635
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
No other issues
Public
None
Staff
Will add Condition 20: limiting the size of the deck
Motion
Motion to Issue as amended. (made by: Karberg (seconded by: Okmy)
Vote
Carried unanimously
6. *Hoffman
— 7 & 9 Grant Avenue (30 -142) SE48 -2632
Sitting
Steinauer, Okmy, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
Okmy — In Condition 24 the reporting should be yearly.
Public
None
Staff
Normal condition related to the removal of invasive species. Condition 23: any work within the
resource area would require an amended order.
Motion
Motion to Issue as amended. (made by: Oktay) (seconded by: Karberg)
Vote
Carried unanimously
rage � Or i
7. - Caplan -37 Hulbert Avenue (29 -20) SP,48 -2636
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Only condition is that no construction to take place within the resource area.
Motion
Motion to Issue as drafted. (made by: Oktay) (seconded by: Karberg)
Vote
Carried unanimously
8. "Bartholomae -52 Tennessee Ave. (59.4 -95) SE48- (cont to 2/1912014)
9. •Urbahn —101 Low Beach Road (75 -32) SE48 -2638 (cons to 211912014)
10. -Rabbit Run
R.T. — 24 Rabbit Ran Road (28 -8) SE48 -2640
Sitting
Steimmer, Oktay, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
No additional conditions and requires no waiver
Public
None
Staff
Will draft an Order of Conditions in anticipation of approval at the next meeting.
Motion
(cont to 2/19/2014)
Vote
N/A
1 L'Sisk —153 & 155 Wauwinet Road (11 -3) SE48 -2639 (cant to 2/1912014)
12. *McGivney
—45 West Chester Street (41 -230) SE48 -2637 (cont to 2/19/2014)
13. Discussion of other closed notice of intent public hearings
B. Minor Modifications
1. •Gmywood LLC — 14 Mayhew Lane (41 -447) SE48 -2466
Sitting
Steinauer, Cluny, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
David M. Haines, Haines Hydrogeologic Consulting — Requesting to add a hot tub over an existing
landscaped area, attached to the pool, and 99 feet from the resource boundary.
Discussion
None
Public
None
Staff
None
Motion
Motion to Issue. (made by: Oktay) (seconded by: Karberg)
Vote
Carried unanimously
Certificates of Compliance
2. -Coffin — Plainfield Road (49 -180 & 18 1) SE48 -1418
sitting
Steinauen, Oktay, Karberg, Bennett, Golding, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Order of Condition from 2001. Everything is in compliance; recommend issue
Motion
Motion to Issue. (made by: Glary) (seconded by: Karberg)
Vote
Carried unanimously
Page 6 of 7
3. -200 Polpis Road LLC -200 Polpis Road (26 -36 and 37) SE48 -1864
Sitting Steinauer, Bennett, Golding, Johnson
Recused Oktay, Karberg
Documentation Supporting documents and plans.
Representative None
Discussion None
Public None
Staff Everything is in compliance, recommend issue.
Motion Motion to Issue. (made by: Johnson) (seconded by: Bennett)
Vote Carried unanimously
C. Other Business
1. Reports:
a. CPC, Golding
b.NP &EDC, Bennett
c. Mosquito Control Committee, Okmy
d. Coastal Management Plan, Oktay
e. Airport Advisory Committee, Steinauer
2. Commissioners Comment: Steinauer — Got a call from a Quidnet resident about extensive work on a property next
to "Fairchild" that did not come to ConCom. Staff will check on it one he has a physical address.
3. Administrator /Staff Reports
a. Nantucket Land Counsel sent two conservation restrictions. Discussion about whether or not the ConCom should
hold the conservation restrictions. Commission will take two weeks to review those.
b. Violation Enforcement in regards to the `Sconset Bluff project. A pipe was installed to funnel water from a wetland
in a manner to keep the water from going down the bank and undermining the tubes. It is clearly not part of any
permit issued. Golding — Stated that the pipe is capped. To remove it will require displacement of sand. Suggested
everyone go take a look. Also stated he is unsure whether or not the bluff project has been constructed as
permitted. Recommended holding off any enforcement action until the full scope of possible violations has been
assessed. Staff — Stated he has not been able to quantify the violation; the pipe is not visible. Stated that Kara
Buzanoski knew that the pipe had been recommended by the engineer but did not know it had been installed.
Though it is coming in for an NOI, feels it is important to issue enforcement action to ensure the authority of the
board is not undermined. Steimmer — Thinks it should be removed. If it isn't followed up, it sets a bad precedent.
Oktay — An as -built plan is important for verification. Discussion about what the commission wants to see in the
as -built drawings as well as a profile of the beach. Emily MacKinnon, Nantucket Land Council — Sent photos to
Staff of when the pipes were being installed. Staff — Additionally, pictures of work done by the excavator within
the surf area was sent to the Army Corps of Engineers (ACE); they are taking lead on that enforcement end. The
work that was permitted was okay; but the work that was done fell into the permitting and enforcement area of the
ACE. Work under the ocean is also unpermitted through this board and will include that in the enforcement order.
Another issue is that the trunks on the sandbags used to insert the slurry have been capped with concrete; that is a
material that was not permitted. Discussion about the scope of the concrete that was used; the commission should
determine the amount of concrete used.
ACTION — Staff will type up the enforcement order to include: work below the high -tide line, the drainage pipe,
the concrete plugs, and placement of sand on the face of the bluff outside of the conveyor areas. The applicant is to
come before the commission on February 19 to address these issues.
Motion to Issue the Enforcement Order. (made by: Bennett) (seconded by: Karberg) Carried unanimously
Motion to Adjourn at 6:38 p.m.
Submitted by:
Terry L. Norton
rage 7 or .t