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