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HomeMy WebLinkAbout2014-11-12Minutes for November 12 2014 adopted Dec. 3 CONSERVATION COMMISSION CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Wednesday, November 12, 2014 4:00 P.M. 4 Fairgrounds Road, Training Room RECEIVED Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Andrew Bennett, Michael Glowacki, Bam Lafarge, Ashley Erisman, David LaFleu?1111 li 1, F O 4 F F' ( 12 2 8 Called to order at 4:01 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator NANTUCKET T G W I: CLERK' Attending Members: Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Absent Members: None Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment — None II. PUBLIC HEARING A. Notice of Intent Representative 1. Zaverucha — 45 Easton St, (42.4.1 -58) SE48- Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Nathan McMullen — Raise dwellings above the flood level and move 2nd dwelling to northwest corner Arthur D. Gasbarro, Blackwell and Associates Inc. — Construction access will be from the driveway or and move the drive and parking. Adding a total of 400 square feet ground cover. No other resource areas carried via the existing stairs. Will ensure no kayaks will be stored on the marsh. are affected. All is in land subject to coastal storm flowage. Request continuance to Dec. 3 Public None Discussion (4:03) None Staff There is no file number and this will continue but everything else can be addressed tonight. He can write Steinauer — Would like there to be monitoring; he sees this might change wave reflectivity. an order for it. Motion Continued without objection to December 3. Vote N/A 2. Burke — 37 Gardner Rd (43 -85) SE48 -2718 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Stan Humphries, Laurentide Environmental, LLC — Resource areas include land under the ocean, coastal beach, and salt marsh. To install two rows of 10 -foot long coconut -fiber logs for 335 feet. Due to low undercut of the coastal bank, this being proposed under the guise that the bank is a vertical buffer. Waiting for Massachusetts Natural Heritage to ratify the No Take decision. Would like to lay the logs on the surface with no excavation. Will place sheets across the marsh to protect it from worker traffic. Arthur D. Gasbarro, Blackwell and Associates Inc. — Construction access will be from the driveway or carried via the existing stairs. Will ensure no kayaks will be stored on the marsh. Public Emily MacKinnon, Nantucket Land Council — Could not find a narrative for this project. She's interested in how much the top has receded bank and the vegetation on the face of the bank, how much would have to be removed. Discussion(4:06) Steinauer — Would like there to be monitoring; he sees this might change wave reflectivity. Humphries — There is a lot of dead or dying growth that will have to be cleared out. Bennett — Looking at the satellites, 7 or 8 properties to the west have armoring. Asked if by limiting the sand introduction that might shrink the beach as there is little down drift. Humphries — The substrate is sandier under the marsh than the material of the bank. The beach is not dependent upon the sediment source coming off the bank. He will work up a monitoring program. Gasbarro — The erosion is a result of the blizzards of March 2013 and March 2014. There will not be an excavator used on site, as much work as possible will be done by a hand -held dingo. Humphries — Would prefer the work be done with the least amount of use of machinery. Asked for a continuance to December 3. Staff None Motion Continued without objection to December 3. Vote N/A Page 1 of 5 Minutes for November 12 2014, adopted Dec. 3 3. Roblin — 7 Alliance Ln (39 -24.2) SE48 -2717 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Do have a DEP number. Only a small portion of work is in a buffer zone. There is one isolated vegetated wetland off site and another to the west partially on site and a bordering vegetated wetlands on the western comer. Under existing conditions, there is a fenced -in garden partially in the 25 -foot buffer that will be removed and restored to Nantucket native purple love grass. The addition and bluestone patio are on the outer skirt of the 100 -foot buffer Public None Discussion (4:24) None Staff Still missing the ruling from Massachusetts Natural Heritage. He will draft an order for the next meeting. Motion Continued without objection to December 3. Vote N/A 4. Squam Partners LLC — 89 Squam Rd (13 -3) SE48 -2719 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — This is for a walking path and elevated walkway over Page 2 of 5 bordering vegetated wetlands connecting the two structures on the property. Explained construction of the walkway so as not to negatively impact vegetation below the walkway. Hand Cut and remove vegetation; helical anchors will be hand installed; all materials to be preconstructed outside the resource area then carried into place. Walkway surface is at elevation 30. No railings or fill is proposed. DEP had asked if there would be a replication area; he asked if the commission wants him to create a replication area. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public Emily MacKinnon, Nantucket Land Council — Do have a Conservation Restriction on abutting property where the driveway easement is. Do have concerns; believes that access is not an issue and it is not a necessary structure. Putting a walkway through the wetlands will have an impact; it will affect the habitat. This would set precedent for allowing walkways through untouched wetlands. Discussion (4:28) Glowacki — Asked if this involves a waiver request. Gasbarro — Yes; requested a waiver under no reasonable alternative and no adverse impact. Will have to continue for Massachusetts Natural Heritage; if the board wants monitoring, he will prepare that. The goal of the applicant is to utilize his own property to connect the two houses and not have to go off his property to travel from house to house. There is a driveway but it runs along an easement on an abutting property. Oktay — She thinks a reasonable alternative is using the driveway. Gasbarro — Reiterated his client's desire to be able to access both structures from his own property. Reade — He would have to review the wording of the easement and the conservation restriction in regards to improving the driveway. Lafarge — If he were those owners, he would want lights and a rail so no one would fall off at night. Gasbarro — The walkway height will be kept a 2.5 feet level; there will be no electricity; walkers could take a flashlight. Glowacki — Read Regulations 302.A about altering wetlands and what findings the commission should make about the wetlands. In his opinion, the appropriate aspect addressed in the regulation is wild life; he would ask what would be the adverse impact to wild life. Oktay — Pointed out that vegetation is also being physically displaced. One of her concerns is erosion control into the low area from the path. Once the path is cut in, the vegetation is holding onto material and keeping it from rolling into the wetlands. There will be an increase of the flow of water into that area. There is more to it than just wildlife. Vegetated wetlands are being physically displaced for use that might or might not be needed for the site. Issues could include: Erosion, ground water, stream flow, corral water, possible use of fertilizer that would reach the wetlands. Gasbarro — They need a continuance to hear from Massachusetts Natural Heritage. Also, he is confident that he can alleviate concerns about any adverse impact from the construction and presence of the walkway. Steinauer — This commission has allowed stairs and walkways over resource areas in the past. No build is a viable option if there is a very clear negative impact. Gasbarro — There is an existing thick, heavily vegetated buffer to the resource area. There is a very shallow slope to the land so there would be no gullying that would occur. Staff There is a conservation restriction on the abutting property. Motion Continued without objection to December 3. Vote N/A Page 2 of 5 Minutes for November 12 2014 adopted Dec. 3 5. Gund — 3, 5, 7,11 & 15 East Tristam Ave (31-9,8,7,5,15 & 12) SE48 -2692 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused Glowacki Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Reopened hearing; have submitted a revised plan of allowing for the expansion. All work is outside the 100 -foot buffer but is within land subject to coastal additional information based upon comments made after the hearing was closed and the order was being storm flowage. There is no change in grade. discussed. There was concern about the extended stone revetment; changed the 60 -foot extension to three None sand -filled coir tubes to protect the existing coastal engineering structure. Also added notes to the plan None showing the length of the sections of the stone revetment and the DEP number for reference to the Recommend closing and issuing. Gund -area revetment. On the other extension, there are timbers left from the prior structure; we propose Motion to Close and Issue. (made by: Oktay) (seconded by: Erisman) to remove those. Carried unanimously Lee Swisher Steven Cohen, Cohen & Cohen Law PC Sarah Alger, Sarah F. Alger P.C. Public Emily MacKinnon, Nantucket Land Council Discussion (5:02) Lafarge — The have addressed his concerns. Review: replacing existing revetment, fill middle with coir tubes, add coir tubes to the ends. Staff Have everything needed to close. Motion Motion to Close. (made by: Lafarge) (seconded by: Bennett) Vote Carried 6 -0 6. Murdoch - 73 Pocomo Rd, (15 -8) SE48 -2716 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — He has not yet received a sign off from Massachusetts Natural Heritage so asked for a continuance to Dec. 3 Public None Discussion (5:10) None Staff None Motion Continued without objection to December 3. Vote N/A B. Amended Orders of Conditions 1. Thirty-Nine Hulbert LLC — 39 Hulbert Ave (29 -19) SE48 -2503 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — This is 3rd amendment for the expansion of property. Site is within land subject to coastal storm flowage with a timber bulkhead acting as a coastal bank. This is to change the shed into a garage. With the Town selling the abutting half of Willard Street, available land is added allowing for the expansion. All work is outside the 100 -foot buffer but is within land subject to coastal storm flowage. There is no change in grade. Public None Discussion (5:11) None Staff Recommend closing and issuing. Motion Motion to Close and Issue. (made by: Oktay) (seconded by: Erisman) Vote Carried unanimously III. PUBLIC MEETING A. Minor Modifications 1. Vero Ventures, LLC —18 Cherry St (55 -379 portion) SE48 -2434 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Staff Through the HDC process, the architectural plans have changed. There is no change in the setback. Recommend this be issued as a minor modification. Discussion (5:15) None Motion Motion to Issue. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Page 3 of 5 Minutes for November 12 2014 adopted Dec. 3 B. Certificates of Compliance 1. Macfarlane - 15 Lyford Rd, (92.4 -86) SE48 -2616 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff For construction of 11, & 2nd —floor decks in the buffer zone. Work was done in accordance with the order of conditions Discussion (5:17) None Motion Motion to Issue. (made by: Oktay) (seconded by: Glowacki) Vote Carried unanimously 2. Aguiar — 2 Duck Pond Rd (55.1.4 -14.1) SE48 -2518 Reissue Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Everything is in compliance. Discussion (5:18) None Motion Motion to Reissue. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously C. Orders of Condition 1. Murdoch - 73 Pocomo Rd, (15 -8) SE48 -2716 2. Zaverucha — 45 Easton St, (42.4.1 -58) SE48 - 3. Burke — 37 Gardner Rd (43 -85) SE48 -2718 4. Roblin — 7 Alliance Ln (39 -24.2) SE48 -2717 5. Squam Partners LLC — 89 Squam Rd (13 -3) SE48 -2719 6. Gund — 3, 5, 7, 11 & 15 E Tristam Ave (31- 9,8,7,5,15 &12) SE48 -2692 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff He needs instructions for the Order of Conditions. This has to be issued on December 3. Discussion (5:19) The majority would support a positive order. D. Extension of Order of Conditions 1. Griswold & Moore - 14 & 8 Sachem Rd (30 -240 & 239) SE48 -2091 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Representative Paul Santos, Nantucket Surveyors — This was issued for work at the intersection of Sachem and Gosnold Roads in order to place drainage structures within Sachem Road. Since then, this section of road has experiences flooding. This section of road is going to be closed and disposed of to the abutters. There is a forthcoming plan to return the land to original state but asking for a 1 -year extension Staff None Discussion (5:21) None Motion Motion to Grant the 1 -year extension. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 2. Goldsmith Westmoor Club LLC —109 W Chester St (41 -806) SE48 -1866 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Representative Paul Santos, Nantucket Surveyors — This property abuts Westmoor Club, resource areas are a vernal pool and bordering vegetated wetlands. All work except the tennis courts has been done. Asking for a 1 -year extension to allow for construction of the courts. This would be the last extension. Staff None Discussion (5:23) None Motion Motion to Grant the 1 -year extension. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Page 4 of 5 Minutes for November 12 2014 adopted Dec. 3 D. Other Business (5:26) 1. Approval of Minutes October 29, 2014. Motion to Approve. (made by: Glowacki) (seconded by: Lafarge) Carried unanimously 2. Reports: a. CPC, Lafarge b. NP &EDC, Bennett c. Mosquito Control Committee, Oktay 3. Commissioners Comment a. Erisman — Received a call about work on 9 Fulling Mill Road near the road and wetland. Arthur D. Gasbarro, Blackwell and Associates Inc. — Did do an request for determination of applicability (RDA) about 6 or 8 months ago for relocation of the driveway. The resource area on the east is a good distance from the house under construction. As far as he knows, everything is occurring according to the RDA. Staff — Will follow up on this. b. Lafarge — Asked when the Department of Environmental Protection (DEP) will rule on the 'Sconset Beach Preservation Fund. Staff —Have not yet heard from them. He is trying to get a time -table from DEP on that. 4. Administrator /Staff Reports a. An Order of Conditions was issued for split rail fencing along and access road in the Medouie Creek area. It runs behind a potential vernal pool and existing vernal pool in some places getting close to the 25 -foot buffer; some fencing installed is snow - fencing not split -rail. Mr. Carlson has tried to reach out to the applicant to have it brought into compliance. If he doesn't hear back, he will issue an enforcement order at the next meeting. b. The meeting schedule for 2015 is on the website Motion to Adjourn: 5:42 p.m. Submitted by: Terry L. Norton Page 5 of 5