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HomeMy WebLinkAbout2014-10-29*Minutes for October 29 2014 adopted Nov 12 pNTUC/�'-�.. CONSERVATION COMMISSION �'� CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 2 RAI N www.nantucket-ma.gov Wednesday, October 29 2014 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Andrew Bennett, Michael Glowacki, Bam Lafarge, Ashley Erisman, David LaFleur Called to order at 4:01 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Oktay (call in), Bennett, Glowacki, Lafarge, Erisman, LaFleur Absent Members: None Late Arrivals: Oktay called in at 4:04 p.m. Earlier Departure: Oktay ended call 5:59 p.m. s Agenda adopted by unanimous consent I. PUBLIC MEETING m A. Public Comment — None ran n rn II. PUBLIC HEARING --� A. Notice of Intent 3 r-11 1. Waters Edge Trust —16 Medouie Creek Road (20 -26) SE48 -2714 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur n `� Recused None r.1 r.0 Documentation Supporting documents and plans. New site plan at the table. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Presented a new site plan in response to Department of Environmental Protection (DEP) concerns, which he received Tuesday night. Had proposed a sand ramp to access the beach; however there is a salt marsh resource on the beach; concerns about impact on that have been expressed. Will set concrete blocks and create a timber bridge thus mitigating the foot print. Calculated an elevation of 3.7 mean low water level. Public None Discussion (4:03) Steinauer — It seems like a minor but beneficial change. Sees no reason to keep the hearing open for two weeks. Staff One issue is that the delineation for the resource area on the original plan was redefined when the state changed the definition of a salt marsh. Massachusetts Natural Heritage ruled no take. Division of Fisheries recommended the walk way be elevated above the salt marsh. Motion Motion to Close. (made by: Lafarge) (seconded by: LaFleur) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye 2. Morris & Smith — 235 Madaket Road (59.4 -364) SE48 -2713 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Within land subject to coastal storm flowage but structures are all outside the buffer zone for other resource areas. Only a small section of the driveway is within the buffer zone. Wish to close. Public None Discussion (4:11) Oktay — All good. Staff No waivers required. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye Page 1of5 4 Minutes for October 29, 2014, adopted Nov. 12 3. PKG Design Build LLC — 95 West Chester Street (41 -93.1) SE48 -2715 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Proposal is to redevelop an existing residential lot. The wetland boundary had been delineated some time ago; the flags were recently reestablished. All work is outside the 50 -foot buffer; just some grading is inside the buffer on land previously disturbed. Public None Discussion (4:14) None Staff No waivers required. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously Documentation Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye 4. Murdoch — 73 Pocomo Road (15 -8) SE48 - Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Massachusetts Natural Heritage review is on -going Recommend a Positive 2 confirming the resource area and Negative 3 for work in the buffer zone. so will be requesting a continuance. Proposal to install timber zig -zag fence at base of eroding coastal Motion to Issue as recommended. (made by: Glowacki) (seconded by: Bennett) bank and add compatible sand fill and beach grass planting. Massachusetts Natural Heritage asked that a Carried unanimously profile be provided. The bank is 12 -14 feet high; construction access is from the existing driveway to top Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye of bank; a machine will be brought in from the point to install the piles. Project is about 100 feet long. 1. Five Crows Long -term rate of erosion is about 8 inches a year; it is episodic. Public Mary Wawro, Eat Fire Spring Road — Says she walks the area and there are quite a few such structures. In Recused one location there is a collection of about 200 cinder blocks piled at the base of the stairs in the vicinity of Documentation 61 or 63 Pocomo Road. Discussion (4:16) None Staff None Motion Continued to November 12 without objection Vote N/A III. PUBLIC MEETING A. Request for Determination of Applicability 1. Pallotta — 4 Thresher Way (31 -35 SE48 - Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — For work within buffer zone of a bordering vegetated wetlands. Public None Discussion (4:23) None Staff Recommend a Positive 2 confirming the resource area and Negative 3 for work in the buffer zone. Motion Motion to Issue as recommended. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye B. Minor Modifications 1. Five Crows Nest N.T. — 5 Crow's Nest Way (12 -22.2) SE48 -2635 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative None Discussion (4:25) None Staff The work permitted relates to work in proximity of a coastal dune; for a building permit, he is requires permit to do that work within the proximity. Plan recognizes the 15, floor and lowest structural member. Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye Page 2of5 Minutes for October 29, 2014, adovted Nov. 12 2. Hayden Hurley — 5 Sandy Drive (29 -74) SE48 -2703 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering, Inc. — This is to adjust for a move south and 5 feet up the street, installation of a sewer line, and an addition. Public None Discussion (4:27) None Staff Recommend Issue as a minor modification. Motion Motion to Issue. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye 3. 281 Hummock Pond Road — 281 Hummock Pond Road (83 -41) SE48 -2557 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused Glowacki Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Reviewed the project and what the changes entail. Public None Discussion (4:29) None Staff Recommend issue as a minor modification. Motion Motion to Issue. (made by: Bennett) (seconded by: Lafarge) Vote Carried 6 -0 Steinauer -aye, Oktay -aye, Bennett-aye, Lafarge -aye, Erisman-aye, LaFleur -aye 4. 273 Hummock Pond Road — 273 Hummock Pond Road (83 -3) SE48 -2556 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused Glowacki Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Reviewed the project and what the changes entail. Public None Discussion (4:29) None Staff Recommend issue as a minor modification. Motion Motion to Issue. (made by: Bennett) (seconded by: Lafarge) Vote Carried 6 -0 Steinauer -aye, Oktay -aye, Bennett-aye, Lafarge -aye, Erisman-aye, LaFleur -aye C. Certificates of Compliance (4:30) 1. Nantucket Property Trust —13 Hallowell Lane (30 -11) SE48 -2441 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Was for construction of driveway, stone patio, stone steps, etc. All work is in compliance but not installing the stone steps at this time. Recommend Issue. Discussion None Motion Motion to Issue. (made by: Lafarge) (seconded by: Bennett) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman -aye, LaFleur -aye 2. Timbers —155 Polpis Road (44 -14) SE48 -1805 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Pipe within jurisdiction was required to sleeved; other than that all in compliance. Discussion None Motion Motion to Issue. (made by: LaFleur) (seconded by: Bennett) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye 3. Farrell — 77 Eel Point Road (32 -14) SE48 -1969 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Outstanding permit for erosion control and relocation of structure. Satisfactorily met requirements. Discussion None Motion Motion to Issue. (made by: LaFleur) (seconded by: Bennett) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye Page 3 of 5 Minutes for October 29, 2014, adovted Nov. 12 4. Pippins Way LLC — Pippins Way Subdivision Lot 9 (43 -94.2) SE48 -2034 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff The bulk of this order remains open on the rest of the project; this is just closing this lot. Recommend issuance of a partial certification of compliance. Discussion None Motion Motion to Issue as a partial certificate of compliance. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman -aye, LaFleur -aye D. Orders of Condition (437) 1. Gund — 3,5,7,11, &15 East Tristram Avenue (31- 9,8,7,5,15, &12) SE48 -2692 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff There is a request as relates to Order of Conditions deliberations at the last meeting; questions came up in the deliberation that didn't come up in public hearing. The applicant has requested to re- advertise, re- notice the abutters, and reopen the hearing to allow them to respond to those questions. The other option is that this is closed and the board could continue with the issuance of an Order of Conditions. According to Town Counsel, it is permissible for the commission to re -open the hearing. Would like to have the most complete records possible in the event of an appeal. Discussion Arthur D. Gasbarro, Blackwell and Associates Inc., for the applicant — If the hearing is reopened, we can address the questions posed during deliberation. At the end of the hearing, there were no questions; those came up during the board's deliberations after he left. Steinauer — This board usually tries to work up something acceptable to applicant and commission. Lafarge — Asked if this could set a precedent. (No) Bennett — He has no concerns re- opening the hearing in face of the revised plans. Glowacki — He would prefer to go forward tonight. Erisman — Her decision was not based upon any of the later questions. Steven Cohen, Cohen & Cohen Law PC, for the applicant — One of the comments was about more viable alternatives. The applicant would like to try to propose that. Oktay — The applicant has the right to withdraw this application and resubmit. That would be cleaner than reopening a closed hearing. Cohen — Withdrawing and resubmitting slows the process. The previous information would have to be reintroduced. Asked for the courtesy of considering the revised plan. Motion Motion to reopen the hearing. (made by: Bennett) (seconded by: LaFleur) Vote Carried 4 -3 Steinauer -aye, Oktay-nay, Bennett-aye, Glowacki-nay, Lafarge -aye, Erisman -nay, LaFleur -aye 2. Waters Edge Trust —16 Medouie Creek Road (20 -26) SE48 -2714 Sitting Steinauer, Oktay, Glowacki, Lafarge, Erisman, LaFleur Staff Need to add condition 2: boat stops installed on float. Discussion None Motion Motion to Issue as amended. (made by: Lafarge) (seconded by: LaFleur) Vote Carried 6 -0 Steinauer -aye, Oktay -aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye 3. Morris & Smith — 235 Madaket Road (59.4 -364) SE48 -2713 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff No conditions or waivers. Discussion None Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Lafarge) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, LaFleur -aye 4. PKG Design Build LLC — 95 West Chester Street (41 -93.1) SE48 -2715 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff The only condition is that the pool cannot be drained or emptied into an area of jurisdiction. Discussion None Motion Motion to Issue as drafted. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously Steinauer -aye, Oktay -aye, Bennett-aye, Glowacki -aye, Lafarge -aye, Erisman-aye, Lafleur -aye 5. Murdoch — 73 Pocomo Road (15 -8) SE48 - (continued) 6. Discussion of other closed notice of intent public hearings. Page 4of5 Minutes for October 29 2014 adopted Nov. 12 E. Other Business (4:52) 1. Discussion of Pond Management Projects: Ken Wagner, Water Resource Services — He was asked by the Nantucket Pond Coalition to look at Island ponds in regards to aquatic plants and algae problems. Reviewed the two ponds that have immediate issues due to dense plants and /or algae and silting: Crosby Pond and Hummock Pond. There will specific NOIs to clean the ponds out coming back at a later date. The plants in the ponds are native, non - invasive but very dense. A serious problem is the phragmites, which are covering multiple acres, not only in Hummock Pond but other ponds as well. Reviewed the various ways to remove phragmites: hand harvest, herbicide, and control burn; recommends the glyphosate herbicide in the case of Hummock Pond due to the large area needing treatment. Cormac Collier, Executive Director Nantucket Land Council - The Nantucket Land Counsel holds the Conservation Deed Restriction on Cosby Pond, which is privately owned. Discussion about possibly using Cide Kick® for treatment of the phragmites as more environmentally friendly. A concern would be killing off the fish and invertebrates and how best to mitigate that. 2. Approval of Minutes: a. July 9, 2014 — Adopted by unanimous consent b. July 23, 2014 — Adopted by unanimous consent c. August 6, 2014 — Adopted by unanimous consent d. August 20, 2014 — Adopted by unanimous consent e. September 3, 2014 — Adopted by unanimous consent f. September 17, 2014 — Adopted by unanimous consent g. October 1, 2014 — Adopted by unanimous consent 3. Reports: a. CPC, Lafarge — Nothing to report. b. NP &EDC, Bennett — Nothing to report. 4. Commissioners Comment a. Steinauer — Riding down the Hummock Pond Road Bike Path, shrubs etc are being planted. Staff — A total of 80 shrubs are being planted, a blend of arrowwood, winterberry, and high -bush blueberry. Hoping for 90% survival. 5. Administrator /Staff Reports a. Enforcement Actions (6:03) i. 14 Fargo Way — Haven't heard for individual yet. ii. 61 or 63 Pocomo Road — Will follow up on Mary Wawro's comments. Motion to Adjourn: 6:04 p.m. Submitted by: Terry L. Norton Page 5 of 5