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Home My WebLink About2014-9-3Minutes for September 3, 2014, adopted Oct. 29 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, September 3, 2014 4:00 p.m. Training Room, 4 Fairgrounds Road 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; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Absent Members: None Agenda adopted by unanimous consent o *Matter has not been heard C-D I. PUBLIC MEETING rn c.� A. Public Comment rn t-� m 1. None C_� 17 < 11. PUBLIC HEARING -3 R7 A. Notice of Intent °' ►–' 1. *Lily Pond R.T. – 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (cont 9/17) r 2. *Lily Pond R.T. – 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (coat 9/17) r 3. *Lily Pond R.T. – 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (coat 9/17) 4. Gund – 3, 5, 7, 11, & 15 E. Tristram 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 Arthur D. Gasbarro, Blackwell and Associates Inc. – Reviewed provided additional information and the (4:02) revision to the plans. Significantly shortened the length of the stone revetment extension to 165 feet long and kept it behind the existing timber hard armoring. Believes the changes meet the ConCom Performance Standards. All existing plastic fence dune guard will be removed. No changes to proposed monitoring conditions. Waiver request was modified to eliminate the reference to a sand drift fence. Submitted at the table a 2014 Google Earth image of the current situation. Reviewed 2012 repair and maintenance work done, which is part of the ConCom record, supporting the idea that just adding sand is ineffective. Lee Weishar, Senior Scientist/ Coastal Engineer Woods Hole Group Stan Humphries, Laurentide Environmental, LLC Steven Cohen, Cohen & Cohen Law PC Public Emily MacKinnon, Nantucket Land Council Discussion Bennett – Asked about the distance of the structures to the top of the bank. Gasbarro –just under 100 feet for the east and west structures. The middle structure is about 125 feet from the top of the bank. Oktay – Asked about the erosion rate. Weishar – Erosion rate long -term is 1.8 feet, looking at 1846 to 2012; the short -term is about 1.2 feet per year. Gasbarro – Performance standards requires mimicking the ability of the coastal bank to transfer sediment from bank to beach; that is covered by the sacrificial sand and use of the coir tube. In the case of hard armoring and what happens when the sacrificial sand and the tube is gone, there is still the natural bank. The other performance standard relates to storm damage prevention; we are now able to provide beneficial planting on the bank to make it more stable and have a vegetative community. The waiver request refers to analysis of protected interests and why the project serves to meet those interests. On the flank, the most reasonable alternative is stone, which is kept to a minimum, due to the increased wave action and force in those areas. Oktay – Stones are a coastal engineering structure. Believes there is no imminent danger on the flanks and that there is in place now an alternative to the stone revetment. Steinauer – Asked what's to stop the end scour from moving. Gasbarro – There will always be some wave action; but have a maintenance component proposed for the areas. Cohen – The structures are already valid; this is not a new structure, this proposal is to repair and extend those structures. The erosion rate is artificially reduced; the actual erosion rate without a structure is much greater up and down the beach. Page 1of7 Minutes for September 3, 2014, adopted Uct.29 Weishar —The extension allows management of the end from the curve in the dune on. Oktay — The project is 8 -inch posts, coir bags, and a revetment; this entire project is a coastal engineering structure. Gasbarro — There are two separate structures and the only part that constitutes a coastal engineering structure is the stone extensions. Oktay — Read Regulations 2.2.B.2, Coastal Beach, and 2.205.B.1, Coastal Bank, about permitting bulkheads. Do not believe the structures are in imminent danger. There is a nice useable beach and a naturally eroding coastal bank. Don't see a need for this level of protection; a softer solution would be a better approach. Bennett — Concerned about the transition from hard to soft and the energy coming off. Discussion about the wave energy against the flanks and whether or not the soft structure would work and a hard structure will move that energy down the beach. Steinauer — These are new bulkheads being constructed; maintenance is not expansion. Read definition of a coastal engineering structure. The definition doesn't differentiate between hard and soft structures. His personal desire would be to call it a structure and grant a waiver. Oktay — Reiterated her opinion there is no imminent danger. Glowacki — We've talked about the beach narrowing, but the regulatory standard don't prioritize the sediment to the beach over the vertical buffer for storm damage. Where the two (hard armor structures) exist a fair amount of land has been protected from storm damage as opposed to the soft - protected area. Seems to him that something should be done to slow that down. Given there are two protected interests, there has been discussion about sediment to the beach but the vertical buffer zone is being ignored. Oktay — The bank is the vertical buffer. Gasbarro — To the point of not allowing new structures; the western end has structures and this is behind that. Asked for additional feedback from the commission. Don't think the assemblage in the middle is a coastal engineering structure. Steinauer — With the geo- tubes, talked about adding returns to limit the end scour; it seems that's what is being done here. The coir could possible work. This design has the ability to mimicking the sand release of a natural bank and has the fall back of the bank to release the sand. McKinnon — Referred to a previously submitted comment letter which reviews regulatory concerns: it is not grandfathered under the existing revetment and there should be no alternatives to protect the pre -1978 structures. Suggests that if there is a need to extend the returns, the coir bags have been functioning and are a viable alternative. As for the loss in the center and the proposal without fencing, the regulations are clear about what is or is not a coastal engineering structure. Argues that what was permitted in front of the Thompson property in Wauwinet constitutes a coastal engineering structure and asks the commission to revisit that. Gasbarro — After what he heard today, believes he will have to talk to the client. Glowacki — Everyone wants to find the softest solution possible; to the extent it makes sense for property owners, this board should be clear and consistent in its direction to owners about the softest solution. Feels not being clear encourages a lot of "horse trading." Looks like minimizing the amount of stone, fixing up the dam, and simplifying the rest of it is going a long way toward what this board is asking people to do. Asked for the thoughts of the commissioners. Consensus: 3 for and 3 against 1 undecided. Gasbarro — Asked for a continuance. Staff The commission can find the project as it chooses: look at materials separately or look at the entire project as one structure or at portions. It is an important point omitted from the coastal engineering structure definition is the last words, "as determined by the commission." The project has different components that behave in different ways. As part of the commissioner analysis is to determine which Performance Standards apply to which portions of the structure. Motion Continued to 9/17 without objection. Vote N/A Page 2of7 Minutes for September 3, 2014, adopted Uct. 29 5. Cumberland Farms —115 Orange Street (55 -364) SE48 - Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — The only resource is land subject to coastal storm flowage, which (5:05) affects the entire lot. In regards to drainage, revisions have been made based upon abutter concerns: eliminated infiltration and above ground retention component in favor of a completely enclosed system; limited infiltration will be clean roof runoff. DPW is currently reviewing a draft DNF for a complete redo of drainage in the Orange /Union Street area; this system is not dependent upon that. As far as the state is concerned, this is a redevelopment but it does have to meet Mass DEP standards. Feels all standards have been met. Ground water depth is about 24 inches on the low side. Clarified which drainage system the infiltration system would tie into. Sarah Alger, Sarah F. Alger P.C. Public Mark Denato, 106 Orange Street — Concerned about the tying into the existing storm line on Orange Street. Discussion Steinauer — It seems like an improvement. Discussion about which way storm runoff would go. Santos — Asked for a continuance. Staff No recommendations or suggestions Motion Continued to 9/17 without objection. Vote N/A 6. Sanford —16, 22, & 26 Easton Street (42.1.4- 11,12 &13) SE48 -2699 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Reviewed how the proposed bulkhead (5:19) replacement would be accomplished. Marine fisheries asked about an eelgrass survey; did a survey and soundings and found that out to 100 feet there is no evidence of eelgrass. The barge would draw about 2.5 feet and stand about 20 feet off the bulkhead; soundings indicated the low -tide depth is 2.5 feet at that distance. Looked into coming in from the land side; the area is very restricted and there would be disturbance. There is a narrow pebble beach adjacent to but not in front of the bulkhead. Public None Discussion None Staff Right off the end of the pier is the navigational channel and the depth drops off quickly. Did not find any eel grass or scallop areas. Have everything needed to close. Motion Motion to Close. (made by: Lafarge) (seconded by: Bennett) Vote Carried unanimously 7. Zarella —129 Wauwinet Road (12 -4) SE48 -2700 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Have received letter from the Division of Fisheries and Wildlife and (5:28) have no adverse affect under the Wetlands Protection Act and no take under the Mass Endangered Species Act. This was for the structure within a barrier beach adjacent to a coastal dune within land subject to coastal storm flowage to elevate to be complaint with current flood elevation standards, remove some decking, additions. Septic option is for a tight tank. Public None Discussion None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously Page 3 of 7 Minutes for September 3, 2014, adopted Oct. 29 8. *Donald Gaiter, 49 West Chester Street (41 -229) SE48 -2704 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Demolition of existing structures and (5:32) construction of a new carriage house away from the resource area reducing to 90 square feet within the 50 -foot buffer. Resource area is a bordering vegetated wetlands defined by a timber retaining wall. Foundation to be slab and new pervious driveway, and stone patio. The 25 -foot buffer area will be restored; explained proposed plantings. The proposal will result in a long -term net benefit. Public None Discussion Lafarge — Asked about a plan to deal with invasive species. Madden — Existing soil material will be removed and have a monitoring plan; there is a fair amount of Bittersweet. The retaining wall will be removed. Staff Have everything needed to close. Motion Motion to Close. (made by: Lafarge) (seconded by: Bennett) Vote Carried unanimously 9. *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 Brian Madden, Laurentide Environmental Consultants, Inc. — Involves const of a SFD, detached garage (5:36) and pervious driveway. Small vegetated wetlands toward the south. Entire is within flood plain. Primary dwell outside 50 foot with crawl space. Garage on slab. Tennis court to be removed and area within 25- foot buffer restored. Public None Discussion None Staff This does require waivers: one against the change of the 50 %. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 10. *Bryan Diggle, 22 Folger, Avenue (80 -41) SE48- 2701 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Small pond on the site with board to wetlands. Project is to rebuild (5:42) existing timber retaining wall outside the 25 -foot buffer and relocated an existing well to just inside the 50- foot buffer and landscape that area. Existing tank will be upgraded outside the 50. Public None Discussion None Staff Subsurface tanks are not considered structures. Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 11. *Brian Turner & Andrew Saum,1 Francis Street (42.2.3 -43) SE48 -2702 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Within land subject to coastal storm flowage. Lift, move, place on (5:46) crawl -space foundation out of flood, slight expansion of footprint, add a pervious at -grade patio in the rear. Public None Discussion None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously Page 4 of 7 Minutes tot September 3, 2014, adopted (pct. 29 12. *Emory Real Estate, LLC 2 North Star Lane (30 -188) SE48 -2705 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Waiver is for 2 -foot sep from high ground water for (5:48) dewatering during construction. Public None Discussion None Staff Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Bennett) Vote Carried III. PUBLIC MEETING A. Certificates of Compliance 1. *Sul Mare, LLC —11 Columbus Ave (59.3 —111) SE48 -2576 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Staff Const of 2nd floor deck and landscaping. Recommend this can be issued. Discussion (5:51) None Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 2. *Jordan, 39 & 41 Sheep Pond Road (28 -6) SE48 -2595 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Staff (5:54) Removal of dwelling, septic components, and beach stairs. Recommend this can be issued. Discussion None Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 3. *Goldrich, 41 Crooked Lane (41 -202) SE48 -2484 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Staff (5:55) Const of addition outside 50 -foot setback; no special conditions. Recommend this can be issued. Discussion None Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 4. *Stahl, 22 West Chester Street (42.4.3 — 1119.1) NAN -109 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Staff (5:5) Screw -pile foundation and wetlands in the back. Built in compliance according to plans. Recommend this can be issued. Discussion None Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 5. *Cross /Barr 22 New Lane (41- 396.1) SE48 —1160 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Staff (5:59) Cannot close; waiting for plans. Discussion None at this time. Motion Not issued. Vote N/A Page 5of7 Minutes for September 3, 2014, adopted Oct. 29 6. *Jelleme, 29 Quaise Road (26 -8) SE48 -1901 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Work is in compliance. Staff (5:59) Installation of steel sheeting on a coastal bank and beachstairs, and nourishment. Work is in compliance with no on -going monitoring components. Recommend this can be issued. Discussion None Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously B. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) (6:02) 1. *Sanford —16,22 & 26 Easton Street (42.1.4- 11,12 &13) SE48 -2699 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Condition 19: all storage outside resource area, should add "excluding the barge." Add that to Condition 20. Condition 21 can be struck. Condition 23 should be added that siltation be added to barge to encompass work area. Discussion Oktay — Barge should maintain best possible separation. Would like see a work time restriction not past May 1 added. Motion Motion to Issue as amended. (made by: Lafarge) (seconded by: Bennett) Vote Carried unanimously 2. *Zarella —129 Wauwinet Road (12 -4) SE48 -2700 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Septic and renovation. Condition 20: once the Board of Health approves the septic design, that is to be provided to ConCom. Noted a typo to be corrected. Discussion None Motion Motion to Issue as amended. (made by: Bennett) (seconded by: LaFleur) Vote Carried 6- 0 /Glowacki abstain 3. *Bryan Diggle, 22 Folger Ave (80 -41) SE48- 2701 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff No waivers, no conditions. Repair and replace of the well qualifies as a NOI. Discussion Oktay — There was a reason it was an NOI and not an RDA. Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett) Vote Carried 6- 0 /Glowacki abstain 4. *Brian Turner & Andrew Saum 1 Francis St (42.2.3 -43) SE48 -2702 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff No conditions. Discussion None Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Erisman) Vote Carried unanimously 5. *Emmy Real Estate, LLC 2 North Star Lane (30 -188) SE48 - Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Waiver for sep from ground water for temp dewatering. Discussion None Motion Motion to Issue as drafted. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 6. *Donald Gaiter, 49 West Chester St (41 -229) SE48 -2700 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Some invasive species soil processing. Will draft a positive order. Discussion None 7. *Hayden Hurley, 5 Sandy Drive (29 -74) SE48 -2703 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Will draft a positive order. Discussion None 8. Cumberland Farms —115 Orange Street (55 -364) SE48 - Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Will draft an positive order Discussion None 9. Discussion of other closed Notice of Intent hearings Page 6 of 7 Minutes for September 3, 2014, adopted Oct. 29 C. Enforcement Actions 1. 'Sconset Beach Preservation Fund /TON 85 -101 Baxter Road —Discussion of DEP ACC) Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff (6:15) The Department of Environmental Protection (DEP) posted a superseding order on the site and since then issued the Administrative Consent Order (ACO). The ACO is for finality of the enforcement action the ConCom took. DEP doesn't always choose to take action; in this case they chose to take action and ACC) lists what actions and penalties are imposed in regards to work below the mean- high -water mark. ConCom can close out parts of the enforcement action. Suggested issuing a fine. Discussion Oktay —The enforcement items are the concrete plugs, potential work below the mean -high water mark, the drainage pipe, the trench at the bottom, and the extra sand at the side. Would like to review the original pictures of stakes in the tidal zone and the trenching to ascertain whether or not work was done under the mean-high water. Staff — If the work below the mean-high water mark is a portion the board would like to take action against, the appropriate way would be some sort of penalty; it can't be repaired. Glowacki — Asked what the Army Corps of Engineers ruled in regards to work below the high -water mark. Staff — The ACE took the stance that the beach heals itself and so were unable to make a determination as to whether or not work took place. DEP made the same determination but still levied out fines for violations against the act. The rest of the ACO doesn't cover the other violations very thoroughly. The pipe was installed to be in compliance but is still in limbo. Looking for directions about what avenues to pursue. Oktay — The concrete plugs are small and not a big deal; not sure how commissioners feel about the excess sand placed in non - permitted areas. Would like to look at the Nantucket Land Counsel letter and the letter from Epsilon. Staff — If there are directions this board wants to take, there are actions he has never had to deal with before. He needs to be able to prepare those and figure out the procedure and get notice to SBPF that the violation orders will be discussed. Glowacki — Suggested holding it all open until the appeal process is settled. 2. Foley, 87 Squam Road Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff (6:29) Path cut through wetland without permit. Did site inspections. Presented photos taken today. Two paths are still being maintained where one was permitted. There was a potential for St. Andrews Cross. Asked the board if he should follow up about other path that hasn't been made whole and get the owner back in to deal with the closure of the path or take other enforcement action. Enforcement required discontinued use of paths and allow them to regrow. Part of the issue is the St Andrews Cross for the area mowed and Massachusetts Natural Heritage didn't provide guidance. They got a state protected species by mowing and would have to continue the violation to provide for the protected species. They discontinued use of about 2 /3=ds of the path. If commissioners are going out, please let staff know or he can arrange a viewing. Discussion None D. Other Business (6:34) 1. Approval of Minutes - None 2. Reports: a. CPC, Lafarge — Nothing to report. b. NP &EDC, Bennett — Nothing to report. c. Mosquito Control Committee, Oktay — Nothing to report. 3. Commissioners Comment a. Oktay — There's a berm all the way around the house on the bluff off S Shore near Miacoment. It is in the resource area and is collapsing the bluff in front of the house. b. Steinauer — Getting emails on 2 Franklin Street. Staff - Showed proposed curbing and installed it within the public roadway layout. It is not under ConCom purview. This does not yet have a Certificate of Compliance. c. Lafarge — There are now 5 trailers being kept at the Wood property in Madaket and a dingy rack. 4. Administrator /Staff Reports a. None Motion to Adjourn at 6:42 p.m. Submitted by: Terry L. Norton Page 7 of 7