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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 Page 4 of 4