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HomeMy WebLinkAbout2014-10-1Minutes for October 1 2014 adopted Oct 29 CONSERVATION COMMISSION CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www. nantucke t- ma.gov Wednesday, October 1, 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, 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 1. *Lily Pond R.T. — 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (cont 10/29) 2. *Lily Pond R.T. — 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (coot 10/29) 3. *Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (cont 10/29) 4. Gund — 3,5,7,11 &15 E. Tristam Ave. (31- 9,8,7,5,15 &12) SE48 -2692 (cont 10/15) 5. Cumberland Farms —115 Orange Street (55 -364) SE48 -2709 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur MI c� r� C: :J rn ;V rl 1 c7 rn Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — He had submitted revised plans based upon concerns raised by abutters; those plans have been filed with the state. This is for work within land subject to coastal storm flowage. The drainage concept won't change though building size and internal work might. Public None Discussion (4:02) No questions. Staff Have everything needed to close. Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 6. Walsh, 46 Shimmo Pond Rd (43 -77) SE48 — 2707 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed the project. Public None Discussion (4:o4) No questions. Staff Received the file number and cleared up invasive species issues. Have received all the information that was requested or required. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously Page 1of5 Minutes for October 1, 2014, adopted Oct. 29 7. Nantucket Barn LLC, 3 North Ave (42.4.4 -17) SE48 -2710 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Have an updated site plan that wasn't submitted by the Friday deadline. This is for work within land subject to coastal storm flowage located behind the Point Breeze Hotel and within the buffer for bordering vegetated wetlands. The entire property is within the 100 -foot buffer. Reviewed the 3 aspects of the project: lift the barn to new foundation and add a new set of stairs and raised patio and porch; shift a structure away from the wetlands and add 2°d-story living space; extensive knotweed removal. Have requested waivers for work within the 25 -foot buffer & a structure within the 50 -foot buffer. Requested a continuance. Public None Discussion (4:06) Lafarge — Asked about the knotweed across the lawn and if that would be treated. Gasbarro — Yes. Reviewed the process to eradicate the knotweed. Oktay — Asked why since they are knocking out an old building and building a different structure, why it isn't being moved completely out of the 25 -foot buffer. Gasbarro — The client really wants it where it is and didn't actually want to move it the five feet proposed in order to maintain the open area. As an alternative to moving it is to maintain the structure where it is. Oktay — The previous structure was causing an adverse impact. However agree it helps to move it a little bit. Steinauer — Asked if the multi-flora rose and phragmites will be treated. Gasbarro — It makes sense to remove and mitigate all invasive species and restore the native plants. Steinauer — Suggested the Renovate® might be better for eradication of the knotweed in the yard area. Bennett — Asked how the raised patio will be built. Gasbarro — Elevated with a solid stonewall and of bluestone. Oktay — To her it sounds like a structure with a non - structure on top. LaFeur — Asked for more details on the patio. Staff The retaining wall would be in -filled with dirt and the patio placed on top. For ConCom the structure is the retaining wall; but the patio in this case could be a structure. There will be waivers for all that work in that area; it would be how the square footage breaks out for what requires a waiver. Motion Continued to Oct 15 without objection. Vote N/A 8. Wolpow, 5 Arbor Way (29 -159) SE48 -2711 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — The resource area is the toe of the coastal bank, a small isolated vegetated wetland, and land subject to coastal storm flowage. Work is to add a 2nd floor to one of the existing structure. Requested a waiver for the wall and footings that will be within 2 feet of ground water. Dewatering will be temporary. Impact of square footage is small and located within maintained areas. Public None Discussion (4:22) No questions. Staff Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: LaFleur) Vote Carried unanimously 9. Waters Edge Trust, 16 Medouie Creek Rd (20 -26) SE48- (cont 10/15) 10. Otto, 4 Brant Point Rd (29 -145) SE4802712 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Nathan McMullen — Don Bracken, Bracken Engineering, Inc. is determining the base water and the amount of area for operable flood vents. There will be a 1900 square -foot (SF) addition on a poured concrete foundation. On the north is a 240 SF addition on sonotubes. This is all within land subject to coastal storm flowage. Public None Discussion (4:24) No questions. Staff No other resource areas. Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously Page 2 of 5 Minutes for October 1, 2014, adopted Oct. 29 B. Amended Orders of Conditions 1. Squam Head LLC, 71 Squam Road (13 -12) SE48 -2463 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (4:58) Bennett — Asked whether or not the road is a public or private way. Staff This is for installation of a pool on the left side of the property with a bluestone patio surround, fence, and retaining wall. All will be outside the wetland 50 -foot setback. The original work was renovation to the structure. It is a shared driveway. Motion Motion to Close the hearing and Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously III. PUBLIC MEETING A. Certificates of Compliance (4:27) 1. Parker, 30R Union St (42.3.2 -141) SE48- 800 - Reissue Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Reissue because it was never recorded and original disappeared. Inspection found no issues. Discussion None Motion Motion to Issue. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 2. Nantucket Property Trust, 13 Hallowell Ln (30 -11) SE48 -2441 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Asked it be continued. Have not received plans; it involved grading. Discussion None Motion Continued to Oct 15 without objections. Vote N/A 3. Oak Hill Investments, 2 Franklin St (41- 268 &269) NAN -112 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisxnan, LaFleur Staff This originally stemmed from an enforcement action. Construction has been completed on the structures and the landscaping, and replanting of the wetlands and buffer zones has been completed. The wetlands look better than it did. Everything is in compliance. Recommend this be issued with on -going Condition 20: monitoring report for 2 more years. Considering the condition it was in, this has tumed out nicely. There was grading and planting within the layout of Franklin Street; the curbing is not an issue of ConCom but was shown on the plan. The apron and curbing were shown on the original plans. Curbing was installed on the existing edge of the pavement and the area used for parking on the lot. Parking is not within ConCom jurisdiction. Discussion Glowacki — On the eastern end of the Island, there are erosion control projects that abut Town property were required to be signed off by the Town; this curb and off -site work was done without any property owners whether they be the Town of Nantucket or the abutters of Franklin Street. It seems the standard is being applied differently. Believes that is something this board wants to be careful of. This board approved, by virtue of there being elements sketched on the original approved plans that are not on the applicant's property, work done on someone else's property. Staff — ConCom approved work which was done on the parcel. Glowacld —Then we have a violation. Work was done on a parcel that was not approved. Staff — It is unreasonable to ask an applicant with a project that accesses a public road to notify everyone who abuts a road for any driveway tying into any public way. To maintain curbing against road is something this board has not targeted. Glowacld — Suggested looking at that in how the regulations are written and applying the regulations consistently. There seems to be a lot of work taking place that isn't on the parcel. Oktay — We only permitted work that was applied for on the parcel under consideration. This might be parsing that requires a second opinion. Just because work is on the plan doesn't mean it was approved. Staff — The as -built only shows work done on the parcel applied for. Steinauer — Stated that it looks like a Town issue if the Town wants to maintain those parking spots. Staff — The Town regulates parking along Franklin Street. We are dealing with an issue that was raised about that land being unfairly used and curbed off; people were parking on a private piece of land and those spaces have gone away. Oktay — Unless there is an environmental reason, this board does not get involved in parking. Staff — The certificate is specific to the parcel; this board is not approving what's going on in the public way. Glowacki — It is on the table now and is within the buffer zone to a vegetated wetland. Page 3 of 5 Minutes for October 1 2014 adopted Oct. 29 Steinauer — He would ask the question from the perspective of ConCom, is a parking lot or a grassy buffer better for the wetland and if they came requesting to do this, would ConCom agree about getting cars out of the buffer zone? Oktay — Even considering it work done in a buffer, it isn't causing an adverse impact. She wouldn't refer to it because it is not in the parcel being considered. Staff — The curbing and work off parcel are not shown in the Order of Conditions but shown on the plan. The Order references the work specific to the parcel. Along the northerly property line, the section west of the driveway has fencing and maintained grass to the curb; on the eastern side there is the same fence and grass outside the fence and brush inside the fence. The fence was installed to keep people out of the wetlands and the vegetated buffer. Steinauer — Asked the board to focus on the parcel. Discussion on the motion: Glowacki — For the record, he is afraid the commission is being inconsistent in its approach here. We are being asked for a Certificate on this parcel; yet there is work outside the parcel that isn't being discussed as to the commission's position. The Certificate of Compliance is the leverage of this commission. Oktay — Typically this issue would be raised with the Town and abutters to ensure they are aware of it and ask if there are any issues with the work in the easement. Whether or not the Town would want to issue an enforcement order has no legal bearing on the work on this parcel in accordance with the Order of Conditions. Glowacki — Agrees that is correct, but the Certificate of Compliance is where this board's leverage lies; once that is gone, it is hard to get applicants to comply with violations. Asked this be deferred two weeks to allow the applicant to come in and speak to the commission about that off - parcel work. Steinauer — If the commission wants to do something about the work on Town property, the Town should come in and do something with the Department of Public Works (DPW) on that. Glowacki — Wants to hear from the applicant whether or not he worked with DPW and where he is on this. Oktay — Asked if the DPW was notified as an abutter. Staff — Public ways aren't listed on the abutters list because they aren't attached to the parcel. The DPW is aware of what has been going on out there. His concern is for something that ties into a road and is a traffic safety issue. He doesn't want to get into getting sign -offs from every utility tied in a public road. This is not a project taking place on a Town -owned piece of land. There is a portion that services the private parcel, which has access and rights to the public way. Everything has been done in accordance with normal practice of tying into the public road and public utilities. This grass area is to allow people passage between the fence and the roadway. He has been on the site with the DPW. Glowacki —The DPW knowing about it is not standard practice. On the eastern end of the island, this board required their engineers to check with our engineers. Can't see the harm in asking this proponent what he's going to do about it and taking it up again in two weeks. Call for the vote. Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried 4 -3/ Glowacki, Lafarge, & LaFleur opposed 4. Kans Holding LLC,10 Charles St (29 -91) SE48 -2538 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff For construction of two structures within the buffer for bordering vegetated wetlands and land subject to coastal storm flowage. It is built as approved. Discussion None Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously B. Orders of Condition (4:51) 1. Walsh, 46 Shimmo Pond Rd (43 -77) SE48 — 2707 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Most conditions refer to invasive species treatment; there are some monitoring components. Reviewed the make -up of the erosion structure. Report on the success of the planting is included. Discussion Erisman — Remembered that they were supposed clear the plants and soil mix used with the office. Staff — That is Condition 19: all species to be planted shall be native and plant list to be submitted to staff prior to work. Steinauer — There is supposed to be clarification on the microbial fungi. Staff — Will change Condition 19 to a planting list and inoculation specifications Motion Motion to Issue as amended. (made by: Oktay) (seconded by: LaFleur) Vote Carried unanimously Page 4 of 5 Minutes for October 1 2014 adopted Oct. 29 2. Cumberland Farms —115 Orange Street (55 -364) SE48 -2709 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Pretty straight forward. Discussion Oktay — Sometimes in the past have asked for storm water reports. Staff — Could add that under Condition 19. Motion Motion to Issue as amended. (made by: Lafarge) (seconded by: Bennett) Vote Carried unanimously 3. Wolpow, 5 Arbor Way (29 -159) SE48 - Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Reviewed a mistake: left out requesting waivers for 2 -foot separation from ground water under NAI /NRA. Discussion None Motion Motion to Issue as amended. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 4. Otto, 4 Brant Point Rd (29 -145) SE48 -2712 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Simple Discussion None Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously Discussion of other closed notice of intent public hearings - None C. Enforcement Actions 1. None D. Other Business (5:02) 1. Approval of Minutes — None 2. Reports: a. CPC, Lafarge — There are $7M in applications and $2.5M in grant money. b. NP&EDC, Bennett — Nothing to report. c. Mosquito Control Committee, Oktay — The committee will be reappointed for 1 or 2 years. 3. Commissioners Comment a. Glowacki — Stated he is left curious and puzzled by this commission's actions in regards to speculative development pushing the jurisdictional boundaries in unpermitted areas and this commission giving away leverage with the understanding standard that the DPW is aware it's okay. Hopes the commission won't be scornful when found in a defensive position on what to do on `Sconset Beach. Steinauer — These are very different issues. Oktay — When issuing that certificate, it is for work only on that lot. Glowacki — The only thing that gives an enforcement order teeth is an open attachment to the property. We just signed that away. To hold it up two weeks would not be egregious. Steinauer — In his opinion, it was work that was an improvement on the site. Bennett — As an example, if a plan shows an outline on an abutter's deck that was built illegally, approval of the plans does not constitute approval of that abutting deck. Glowacki — The work done was shown on the original application; he would like to ask the property owner to come in and explain the impact of the work he did. Steinauer — In this case, that is Town property and they would have to come in. Suggested issuing an enforcement order to the Town on the unpermitted work. Further discussion and review of opposing ideas and if it is legal to hold up a Certificate of Compliance for work off that parcel under consideration. 4. Administrator /Staff Reports a. Stated that he has a couple of enforcements orders to be presented at the next meeting. Motion to Adjourn: 5:13 p.m. Submitted by: Terry L. Norton Page 5 of 5