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HomeMy WebLinkAbout2014-3-5Minutes for March 05 2014 adopted M v 28 2014 CONSERVATION COMMISSION CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Wednesday, March 05, 2014 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki, Leslie Johnson Called to order at 4:07 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Bennett, Golding, Glowacki _- Absent Members: Oktay, Karberg, Johnson -- Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent m iT: N O *Matter has not been heard f_I I. PUBLIC MEETING D n A. Public Comment —None -. p B. Staff— Reviewed the process for absent members to read back onto a project as long a i they h4va missed only one hearing. Il. PUBLIC HEARING A. Notice of Intent 1. LaBombard — 62 West Chester Street (41 -373) SE48 -2625 (cont. to 3/19/2014) 2. Abrams Point R.T. — 30 Rabbit Ran Road (28 -6) SE48 -2644 Sitting Swimmer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — To replace existing bulkhead in kind. Waiting for sign off from Massachusetts Natural Heritage. Construction access, the bank is very low. The bulkhead is above the regulatory mean -high water line. This work will keep the existing bulkhead from falling apart onto the beach. Discussion Golding — Looking at an aerial photo, thinks the bulkhead is having an adverse impact on the beach. With the bulkhead failing, he feels the beach would be best served by removing the bulkhead and have the beach re- nourished. Feels this is an issue coming up with distressing frequency and feels bulkheads should no longer be permitted. Steinauer — The commission has allowed for repair of pre -1978 structures that are grandfathered in. Golding — Yes, but with conditions. Bulkheads go back to 1647 when piers were allowed and even back then it wasn't absolute due to issues with fouling, fishing and navigations; today concerns are different. Feels some form of consistency is necessary in going forward. Glowacki — Asked about how the pre -1978 rule works in regards to grandfathering. Gasbarro — Believes the grandfathering is pertinent in the terms of repair and maintenance of a structure built prior to the implementation of the wetland regulations. Also he considers this is a water - dependent use as a coastal engineering structure, therefore not asking for a waiver. Believes that it is up to the commission to ensure the work meets the performance standards. Golding — Stated he remembered when it wasjust a cottage and the complex has expanded. Asked when all the additional structures were built. Gasbarro — He has looked at all photos between 1971 and present. Only the bulkhead predates 1978. Golding — Yes it predates the regulations but it is having an adverse impact. Public Emily MacKinnon, Nantucket Land Council— Asked the administrator to read the grandfathering regulations. Staff The grandfather provision relates to repair and maintenance of a structure built prior to wetland regulations. Mr. Gasbarro has demonstrated that this is a structure that pre -dates the regulations; if there was an extension to the structure, then the grandfathering would not apply. Read the regulation pertaining to grandfathering structures. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 3. ` Nanmcket Islands Land Bank —17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3 - 1,48,47) SE48 {cant to 3/192014) Page I of 7 Minutes for March 05, 2014, adopted Mav 28 2014 4. Thompson— 14 Fargo Way (14 -17) SE48 -2645 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Stan Humphries — Second hearing on a coastal erosion structure. Could not find specifications relating to sand -drift fencing other than zig -zag fencing. After nourishment, will maintain a monitoring program to ascertain what materials are lost and need to be replaced in an effort not to overload the environment Reviewed plants to be used. The ratio will be changed from 44:20 to 27:10 based upon the sediment on the beach. Construction will be based off the existing bank above the lust row ofmbes and will Flow with the topography. One structure is pre-1978. Requested continuance. Discussion Golding — The 27.10 is not close to what is coming off the bank. (a17) Glowacki — there is the concept that the nourishment is for the beach, one of a number of resource areas. Humphries — The regulations are set up to protect barrier beaches and dunes. Steinauer — Asked about isolated pockets of salt -marsh vegetation growing on the beach. Humphries — Pointed those out and explained the topography around them. Steinauer — Wondered how those things evolved and whether they are temporary or larger and more permanent that will evolve to larger salt marshes. Glowacki — Is concerned with asking for more fines on conjectures of salt marshes developing. Further discussion about the salt -marsh pockets. Steinauer — Is not familiar with green oak; asked if it is resistant to rot. Humphries — It is more compatible in a marine environment. Glowacki — Read Performance Standards 3 for salt marshes and the definition of pollution. There is the danger of getting too much as well as not enough. Steinauer — Mentioned using nylon or Coir /jute rope to anchor the structure. Does not like the idea of use of nylon. Also, nylon "logs" are harder than Colt orjute bags and don't shed sand the same way. In regards to whether or not this is a structure, it is a harder structure than thejute bags being used on Eel Point Road; consider this a coastal engineering structure. Bennett — Relative to the bank, the harder bags are not too hard; it should be based upon the bank. Agrees that it is a coastal engineering structure. Golding — Would like the structure brought back away from the edge of the bordering vegetated wetlands. Steinauer — There is the option of moving the buildings back; the structure extends down to apparently protect a non- pre-1978 building. Discussion about reasonable alternatives to include: moving buildings, cropping the structure, and alternative materials. Steinauer — Could have a monitoring program but don't have a good history on these things. Golding — Would have preferred sticking to the 44:20 ratio. Steinauer —The bank is very cobbled. Public Emily MacKinnon, Nantucket Land Council — Looking that the denial issued in Fall 2013, it contained a long list of findings about how the proposal didn't meet the burden of proof as well as the Performance Standards. Suggested the commission review those findings. She has questions about the Proprietors Way and the post -1978 building. Construction doesn't recall the commission permitting the linear style fencings which more resembles a bulkhead. Last was the 4X4 posts and how many there will be and the spacing. Brian Madden, Laurentide Environmental Consultants, Inc. — Stated he has photos of the salt marsh over the last 7 years that might help establish the monitoring program. Staff Suggested that as part of the public hearing, the commission should decide whether or not the coir logs constitute a coastal engineering structure to ensure the Performance Standards are correctly applied. When dealing with the salt marsh, it doesn't matter of it is one acre or a small patch, the Performance Standards still apply. Read the definition of the Coastal Engineering Structure. Motion Continued to 3 /19/2014 vote N/A Page 2 of 7 Minutes for March 05. 2014. adopted Mav 28. 2014 5. Foley— 87 Squam Road (13 4.1) SE48 -2643 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering — Did get a No Adverse Impact sign -off from Massachusetts Natural Heritage. Brian Madden, Lawentide Environmental Consultants, Inc. — Reviewed the mitigation plan based upon existing conditions and conversations with Mr. Carlson. There is a monitoring program. Massachusetts Natural Heritage did not comment about mowing or maintenance. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Met with Corrine Collier, Executive Director Nantucket Land Council to discuss work items covered by the NOI; some of those were pulled back on in keeping with the Land Council conservation restriction. Discussion Is osl Steinauer — The Conservation Foundation regime in the Squaw Pond area is working very well. Public None Staff Dealing with both the NOI and the enforcement order simultaneously. Mowed area at the bank, there is question about the quantity of sand; recommend for the first year that prior to the mow a monitoring report be provided. Don't want to mow for St Andrews Cross if there is none. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously Motion Motion to have staff issue a letter with conditions included in the enforcement action. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 6. - Boynton — 141 Wauwinet Road (20 -2) SE48 -2648 Sitting Steinauer, Bennett, Golding, Glowacki Recused N one Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Upgrade of existing septic within 100 -feet of the coastal dune barrier beach and vegetated wetland resource areas. A situation of maximum feasible compliance and meets with Title 5. With no increase in design Bow. Requesting a waiver. Explained stockpiling of materials and disturbed areas to be planted with American beach grass. Requested a continuance. Discussion (517) None Public None Staff Have not heard from Massachusetts Natural Heritage Motion Continued 3/19/2014 Vote N/A 7. -Fargo Way R.T. -10 Fargo Way (14-15&6 1) SE48-2647 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Install a zig -rag timber fence with nourishment at the base of the bank. Tried the snow fence but was routinely damaged. Machinery access w the beach will be at Pocomo Point and will not be stored on the beach. Willing to meet the same composition that is agreed upon for 14 Fargo Way. Waiting to hear from Massachusetts Natural Heritage. Existing snow fences will be removed. Requested a continuance. Discussion xo Steinauer — This is occasionally plover habitat; wonders if the fence would restrict their movement and the fence being used as a perch for crows. Golding — Would like to see the nourishment to match the bank rather than the beach. Public None Staff The permitted enclosures from Massachusetts Natural Heritage have openings of 1 X2. Nothing will stop crows from perching. Presently there is very little vegetation that the crows prefer. Motion Continued 3/1912014 Vote N/A Page 3 of 7 Minutes for March 05. 2014, adopted Mav 28.2014 III. PUBLIC MEETING A. Request for Determination of Applicability I. "Powers Landscaping — 69 Surfside Road (portion) (67 -230) Sitting Stemat er, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Presented an updated plan at the table based upon concerns submitted after the dead line. Delineating the wetland boundary and determination that the fence and crawl space foundation outside the 50 -foot buffer of the bordering vegetated wetlands. Discussion Isvt None Public None Staff Positive 2A for boundary and Negative 3 for work within the buffer. Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously B. Minor Modifications 1. Wesquo Property A, LLC — 5 North Liberty Street (42.3.4 -7) SE48 -2620) Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering — Landscape work within the 100 -foot buffer. Discussion (' in None Public None Staff Recommend issue. Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously C. Certificates of Compliance 1. 72 North Liberty Street R.T. — 20 Gingy Lane (41 -848) NAN -101 Sitting Steinauey Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Request for a partial close without construction of a garage in order to transfer the property. House is in compliance. Recommend issuance. Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 2. Schwed -50 Wauwinet Road (14 -68.2) SE48 -1814 & 1706 (Reissue) Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff The original certificate was amended but neglected to record the court date. 1706 was lost. Motion onl814 Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Motion on 1706 Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Paee 4 of 7 Minutes for March 05, 2014, adopted May 28, 2014 D. Orders of Condition L Farrell, Trustee — 77 Eel Point Road (32 -14) SE48 -2608 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Agree to the 575 cubic feet of sand nourishment suggested by their own consultant. Discussion Golding — Asked about the annual sand nourishment amount. Discussion about the sand nourishment. Public None Staff For construction of sand -drift fencing with coin logs. Drafted a positive order that addressed alternatives; read that statement. Will add the condition that the annual nourishment will be 575. Condition 29 requires pedestrian access across the public beach shall be maintained at all time. Motion Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 2. LaBombard — 62 W. Chester Street (41 -373) SE48 -2625 (rant. to 3/19/2014) 3. FABACK2, LLC — 15 Lauretta Lane (14 -10.1) SE48 -2634 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. Discussion Golding — is opposed to putting in a revetment and doesn't feel other options have been sufficiently explored. Would like the applicant to come forward with a less hard solution. Steinauer — Given the bank is not a sediment source but mainly serves to protect from storm damage should be included. Glowacki — Asked if this is a case of being unsympathetic or if there in fact no reasonable alternatives. Public None Staff Drafted a positive order as instructed. Reviewed Finding 2 (imminent danger) and Finding 4 (pre -1978 structure) and Finding 5 (coastal engineering structure). The waiver request is different; read the waiver. Suggested language being included that the bank serves as a vertical buffer to storms. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: Glowacki) Vote Carried 3 -I /Golding opposed 4. Urbahn — 101 Low Beach Road ( &5 -32) SE 48 -2638 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff For the maintenance and modification of a driveway outside of areas requiring waivers. Waiver was for const in a couple of spots within 25 feet. Included conditions of silt fencing and monitoring of area of abandoned driveway. Motion Motion to Issue. (made by: Glowacki) (seconded by: ) Vote Carried unanimously 5. Sisk -158 & 155 Wauwinet Road (11 -3) SE48 -2639 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Snow and sand -drift fencing and removal of debris and placement of nourishment sand, build boardwalk and beach grass. Reviewed monitoring requirements. Condition 22 included by Massachusetts Natural Heritage review. Waiver was for net benefit. Motion Motion to Issue. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously Page 5 of 7 Minutes for March 05, 2014 adopted May 28 2014 6. McGivney -45 West Chester Street 941 -230) SE48 -2637 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion Steinauer— They are working in an area that wouldn't normally be permitted but the house is existing and area already disturbed. Public None Staff Addition on single - family home within 50 -Foot setback. Reviewed conditions. Motion Motion to Issue. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously 7. Stock— 50 Squam Road (21 -8) SE48 -2641 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. Discussion None Public None Staff For removal of a structure located 30 -feet from wetlands and addition to structure 38 feet away. Added Condition 2, read. Reviewed an addition to the waiver request. Finding 2 was in regards to the removal of honeysuckle and denial of replanting. Motion Motion to Issue. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 8. McHugh -26 Western Ave. (87 -77) SE48 -2646 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. Discussion None Public None Staff Removal of brick patio and construct 2 "a -floor deck in coastal dune resource area. Requires waivers. Motion Motion to Issue. (made by: Golding) (seconded by: Bennett) Vote Carried unanimously 9. Abrams Point R.T. — 30 Rabbit Run Road (28-6) SE48 -2644 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — There is no intention for on -going treatment. Discussion Golding — Condition 22, any treatment to the bulkhead to be done twice a year. Asked about that. Carlson — Treatment addresses chemical treatment not maintenance. Public None Staff Conditioned as per similar projects. Will strike Condition 22. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: Glowacki) Vote Carried 3 -1 /Golding opposed 10.Foley — 87 Squam Road (134.1) SE48 -2643 Sitting Steinauer, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff This is independent of a letter to be written in regards to the Enforcement Order. Existing decking is in compliance with the original order. Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Page 6 of 7 Minutes for March 05. 2014. oriented Mav 28.2014 1 LPoint Breeze, LLC — 69 Easmn Street (42.4.1 -111) SE48 -2457 (Reissue) Sitting Steinauey Bennett, Golding Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff This stems from an enforcement action. The original order was appealed; this past week the order was upheld. The original order was last this is a reissue. Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 12.Discussion of other closed notice of intent public hearings. E. Other Business 1. Reports: a. CPC, Golding - None b. NP &EDC, Bennett - None c. Mosquito Control Committee d. Coastal Management Plan 2. Commissioners Comment: a. Steinauer — Is concerned that the Town of NantucketPSconset Beach Preservation Fund NOI for the emergency project is outside the 30 -day window. Carlson — There was some confusion that the original geo-tube proposal is that NOI or if they should file something new. If the commission thinks it should be something new, we can put that together. There is an open NOI that might constitute as that NOI. Also, there is the rock revemrent hearing and the open joint application. The most current application is the as -built of the geo -tubes. Golding — Expressed concern that the application could be kept open indefinitely. Asked how the commission could close it whether or not the applicant wants to close it. Carlson — Will double check with Town Counsel on that. b. Glowacki — Asked about thoughts on maintaining a reasonable length of the meetings so that they don't run few hours. General discussion about the possibility of curbing lengthy meetings. 3. Administrator /Staff Reports a. Foley Enforcement Order b. Leslie Johnson tendered her ConCom resignation to the BOS. c. 25 Wash Street Enforcement Order — Resident has taken no action after multiple requests from their attorney, their representative and ConCom. If it is the will of the board Mr. Carlson will create a fine bracket for the next meeting. The fine starts with the date of issue of the enforcement action. Motion to Adjourn: 6:31 p.m. Submitted by: Terry L. Norton Pao,, 7 .1`7