HomeMy WebLinkAbout2014-9-17Minutes for September 17. 2014. adopted Oct. 29
CONSERVATION COMMISSION
CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, September 17, 2014 4:00 P.M.
4 Fairgrounds Road, Training Room
Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Andrew Bennett,
Michael Glowacki, Barn Lafarge, Ashley Erisman, David LaFleur
Called to order at 4:14 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 _ ti
Agenda adopted by unanimous consent s
*Matter has not been heard c
I. PUBLIC MEETING c, 771
A. Public Comment — NoneF- + c7
II. PUBLIC HEARING c
A. Notice of Intent :_3 f71
1. *Lily Pond R.T. — 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (Cont 10 /1) n ► -� 0
2. *Lily Pond R.T. — 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (Cont 10/1) r-
3. *Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (Cont 10 /1) M r\)
4. Gund — 3, 5, 7,11 &15 E. Tristam Avenue. (31 -9, 8, 7, 5,15&12) SE48 -2692
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative (4:15) Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed additional information provided in
response to comments made at the last meeting and revised plans. The main change is on the eastern
extension; we brought the second end top tube across to create a staggered, tapered interlocked interface
of stones and tubes in order reduce the size and mass of stone. Reviewed the nourishment plan.
Sarah Alger, Sarah F. Alger P.C. — Asked if there is any additional information that the board would like
to have.
Public Cormac Collier, Executive Director Nantucket Land Council — Stated the Nantucket Land Counsel
supports the letter submitted by Emily MacKinnon in July 2014; reviewed the contents of that letter.
Using the justification that there used to be a timber bulkhead doesn't stand as it has been abandoned for
five or more years. Looking at this and other applications along the Eel Point Road, these are all
considered a coastal engineering structure; the pre -1978 house sits 129 feet from the bank and is not in
imminent danger; also the gap lots with no pre -1978 structures are being protected. Nantucket Land
Counsel feels it should be declared a coastal engineering structure; as a result, considering the distance of
the pre -1978 structure from the bank and the vacant lots, a coastal engineering structure cannot be built
based upon state and local bylaws. Asked the commission ensure there is clear language as to why this is
not a coastal engineering structure if this is approved.
Discussion Bennett — Asked why the western end isn't being changed to coir.
Gasbarro — It seemed from the previous discussions there were no concerns because it is behind the pre-
existing bulkhead. With the northeast exposure and what has occurred, the stone solution is the best. That
was preexisting.
Oktay — Agrees with Mr. Collier. In the past, this board has determined two coir bags with a single row of
fencing to be a coastal engineering structure; this is three coir bags and posts. In her opinion, with the
revetment included, this is a coastal engineering structure.
LaFleur - The structure is designed to re- nourish the beach with sand; in effect it will degrade and go away.
Discussion about whether or not the various portions of this project qualify as coastal engineering
structures and whether or not the pre -1978 house requires protection.
Erisman — Would like to see a softer treatment of the western side.
Steinauer — Questions that the applicant is grandfathered a revetment, though perhaps a bulkhead.
Gasbarro — The dune guard has been maintained within the last five years; part of the proposal is to get rid
of the plastic dune guard and zig -zag on the beach in favor of a softer solution. Don't believe this
assemblage of materials is a coastal engineering structure based on past decisions and removal of the plastic
dune guard and the zig -zag. This is differentiated from other projects because it is a gap situation between
Page 1 of 4
Minutes for September 17 2014 adopted Oct. 29
8. *Walsh — 46 Shimmo Road (43 -77) SE48 -2707
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative (4:5o) Arthur D. Gasbarro, Blackwell and Associates Inc. — Stabilization for the upper regions of the coastal
bank above a timber bulkhead. The bank is slumping onto the bulkhead. This NOI is also in response to
an enforcement action referring to unpermitted cutting. Propose a single coir tube, staggered 1 -foot coir
logs, fill the base of the bank where it has slumped and eroded with a silty organic soil mix, and plant
native species in that soil.
Cinda Gaynor — Previously pit sand was dumped into the area to which she added beach grass; but the
soil was dead and the grass washed away. Has been looking for ways vegetation can more quickly establish
itself to include adjustments to the soil. Ultimately she would like to add more organic material to the soil
mix than was discussed in the application; has been talking to experts to come up with the figures.
Public D. Anne Atherton — Asked about a road and if it is a public access. (It is not; it is a private road.)
Page 2 of 4
two existing stone revetments. There is also the transfer of sediment to the beach; it is not a stone
revetment all the way across.
Oktay — An example of a non - structure would be single row of zig -zag fencing, placement of beach
nourishment, and plantings on top, that has in the past been voted not a structure. There are alternatives.
Gasbarro — In that case, they would keep the plastic dune guard with no nourishment. They would prefer
to meet the ConCom protected interests.
Steinauer — If this is a gap situation, there is evidence it is eroding faster than other areas of the shoreline.
It still doesn't fit the performance standards
Oktay —The regulations do not allow protection for the gap areas.
Bennett — Looking at the aerials, the areas between the two points look to have suffered less erosion. Not
in fully in favor of doing the full length between but has no problem with the extension of the revetments
using the soft ends. This commission has approved other hybrid projects.
Steinauer — Other hybrid projects have been approved in cases of pre -1978 homes in danger with no
alternatives. He has less of a concern with the existing revetment portion than the addition of the interior
work.
Gasbarro — Asked for a continuance.
Staff
What the state recommends or views as CVMZs or not coastal engineering structures are more pointed
toward the solid coir logs; the sand -filled tubes are similar. It is up to this board to parse that out. The
board has the ability to define the different aspects of this project: whether or not a portion is a coastal
engineering structure.
Motion
Continued to Oct 1 without objection.
Vote
N/A
5. Cumberland
Farms —115 Orange Street (55 -364) SE48- (Cont 10/1)
6. *Lloyd Arnold —11 E Street (60.2.1 -4) SE48 -2706
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative (4:43 )
None
Public
Cormac Collier, Executive Director Nantucket Land Council — In terms of wetland delineation, wants to
make sure they are correct.
Discussion
No comments.
Staff
This is for an 8x8 stairs in buffer zone to coastal bank for an existing door; distance to top of bank is 40
feet. Wetlands have been verified
Motion
Motion to Close. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
7. *Price — 35 Baxter Road (49.2.3 -6) SE48 -2708
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative (4:46)
Arthur D. Gasbarro, Blackwell and Associates Inc. — Resource area is a coastal bank. Proposal to lift the
structure and install a basement and foundation. Have asked for waiver on no reasonable alternative /no
adverse impact. There are no groundwater issues. Work will be done from the road outside the buffer
Public
zone.
Cormac Collier, Executive Director Nantucket Land Council — Confirmed that this is not near the other
Baxter Road work which is channeling water towardc another wetlands.
Discussion
No comments.
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Bennett) (seconded by: Oktay)
Vote
Carried unanimously
8. *Walsh — 46 Shimmo Road (43 -77) SE48 -2707
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative (4:5o) Arthur D. Gasbarro, Blackwell and Associates Inc. — Stabilization for the upper regions of the coastal
bank above a timber bulkhead. The bank is slumping onto the bulkhead. This NOI is also in response to
an enforcement action referring to unpermitted cutting. Propose a single coir tube, staggered 1 -foot coir
logs, fill the base of the bank where it has slumped and eroded with a silty organic soil mix, and plant
native species in that soil.
Cinda Gaynor — Previously pit sand was dumped into the area to which she added beach grass; but the
soil was dead and the grass washed away. Has been looking for ways vegetation can more quickly establish
itself to include adjustments to the soil. Ultimately she would like to add more organic material to the soil
mix than was discussed in the application; has been talking to experts to come up with the figures.
Public D. Anne Atherton — Asked about a road and if it is a public access. (It is not; it is a private road.)
Page 2 of 4
Minutes for September 17 2014 adopted Oct. 29
Discussion Bennett — Asked about the height of the lower bank.
Gasbarro — 3 feet.
Discussion about what the soil mix would need to be to establish the vegetation - sand, clay, silt mix — and
the planting protocol that would best allow all plants a chance to get established.
Steinauer — Pointed out that there is knotweed, which will have to come out.
Gasbarro — Stated he will add removal of the knotweed with best management practices protocol.
Consensus is okay with staff approval of the final planting mix.
Staff Asked for verification about whether or not the coir logs are anchored. (Staked) There is a standard
condition that can be included for the removal of the knotweed. Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Oktay)
Vote Carried unanimously
III. PUBLIC MEETING
A. Request for
Determination of Applicability
1. Poor /Beilman — 3 & 5 Lauretta Lane (14- 53/14 -90) SE48
Sitting
Steinauer, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused
Oktay
Documentation
Supporting documents and plans.
Representative (5:o8)
Arthur D. Gasbarro, Blackwell and Associates Inc. — For confirmation of resource area boundaries for
bordering vegetated wetlands, isolated wetlands, land subject to coastal storm flowage.
Public
None
Discussion
No comments.
Staff
All the flags are verified. Recommend this to be approved as a Positive 2A.
Motion
Motion to Approve. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried 6 -0
B. Certificates
of Compliance (s:u)
1. *Cross /Barr
— 22 New Lane (41- 396.1) SE48 -1160
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
As -built did not show boundaries or buffer zones; resubmitted plans do. Recommend issue.
Discussion
No comments.
Motion
Motion to Issue. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
2. *Jelleme — 29 Quaise Road (26 -8) SE48 -1800
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
This is an older outstanding order for septic and breezeway connection house to the garage. Everything is
built within substantial compliance. Recommend this be issued with on -going conditions.
Discussion
No comments.
Motion
Motion to Issue. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
3. *Sacerdote —19 Kimball Ave (30 -29) SE48 -2491
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
Const of house and amended to include set of beachstairs. Recommend this be issued with no on -going
conditions.
Discussion
No comments.
Motion
Motion to Issue. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
4. *Garrett —10
& 12 Monomoy Creek Rd (54 -54.1 & 54.2) SE48 -1678
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
Removal cottage & garage and relocate house. Recommend this be issued.
Discussion
No comments.
Motion
Motion to Issue. (made by: Oktay) (seconded by: Erisman)
Vote
Carried unanimously
5. *MCRH — 4,6,8,10 &12 Monomoy Road(54- 147,149,54.2,54.1) SE48 -2130
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
This was previously issued; therefore, this is an atypical reissue as it was only put against the unregistered
pieces of land at that time. The reissue allows it to be registered properly
Discussion
No comments.
Motion
Motion to Issue. (made by: Bennett) (seconded by: Oktay)
Vote
Carried unanimously
Page 3 of 4
Minutes for September 17, 2014, adopted Oct. 29
C. Orders of Condition (5:1-1)
1. Cumberland Farms —115 Orange Street (55 -364) SE48 -
2. Donald Gaiter — 49 West Chester Street (41 -229) SE48 -2704
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff Included condition for monitoring reports in replanting the buffer zone. Requires waiver for structure
inside the 50 and adjacent to the wetlands no adverse impact for reduction of structure and restoration of
buffer zone.
Discussion No comments.
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
3. Hayden Hurley — 5 Sandy Drive (29 -74) SE48 -2703
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff This is within land subject to coastal storm flowage and buffer zones for wetlands and required waivers
for garage overlapping the 50 -foot.
Discussion No comments.
Motion Motion to Issue as drafted. (made by: Bennett) (seconded by: Lafarge)
Vote Carried unanimously
4. Lloyd Arnold -11 E Street (60.2.1 -4) SE48 -2706
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff Required waivers issued under no adverse impact /no reasonable alternative.
Discussion No comments.
Motion Motion to Issue as drafted. (made by: Bennett) (seconded by: Oktay)
Vote Carried unanimously
5. Price — 35 Baxter Rd (49.2.3 -6) SE48 -2708
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff The one stair inside the 50 -foot include waiver for no adverse impact.
Discussion No comments.
Motion Motion to Issue as drafted. (made by: Bennett) (seconded by: LaFleur)
Vote Carried unanimously
6. Walsh — 46 Shimmo Pond Rd (43- 77)SE48 -2707 -
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff Plant list for staff approval, invasive species control, submittal of soil mix,
Discussion Glowacld — the silt and clay particles being dead material was extraneous information.
Steinauer — This is the first time some asked to inoculate the soil. Would want to verify with staff these
are the appropriate and not introducing foreign elements.
7. Discussion of other closed notice of intent public hearings.
D. Other Business (5.26)
1. Approval of Minutes - none
2. Reports:
a. CPC, Lafarge — Has been paired up with the project for the 90 acres in Madaket and the Brant Point boathouse.
Someone from the Hummock Pond Coalition contacted him about trying something on knotweed at Hummock
Pond.
b. NP &EDC, Bennett — Nothing to report.
c. Mosquito Control Committee, Oktay — Almost done.
3. Commissioners Comment
a. Erisman — Walking Pocomo Point, the property at the end has a series of sprinklers with hoses going to
sprinklers on the bottom. Staff — Might be a permitted project; will look into it.
b. Oktay — On Cisco there is still a section of fencing left sticking up in the area which the board has asked to have
removed
4. Administrator /Staff Reports
a. Monitoring report has come in on 93 & 99 Eel Point Road.
b. A house on Sheep Pond Road has an exposed septic tank on the beach; sent out an order to remove it.
c. Hummock Pond Bike Path update — Had the first of two on -site meetings with staff, Nantucket Land Counsel,
and the DPW to discuss cleaning out the culvert on the Millbrook Road side of the culvert. Discussed
expectations for plantings. There will be another site meeting when work starts. Will have photos of some of the
work at the next meeting.
Motion to Adjourn: 5:40 p.m.
Submitted by:
Terry L. Norton
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