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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