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Home My WebLink About2014-8-20Minutes for August 20 2014 adopted Oct. 29 CONSERVATION COMMISSION i ot�pNTUS,��I�`, CONSERVATION COMMISSION 2 Bathing Beach Road % Nantucket, Massachusetts 02554 �RA�� www.nantucket - ma.gov Wednesday, August 20, 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 4:05 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur :} s Absent Members: None C__'3 Late Arrivals: None Earlier Departure: None o M C.0 Agenda adopted by unanimous consent ~ rr1 G *Matter has not been heard f l I. PUBLIC MEETING E—+ A. Public Comment — r II. PUBLIC HEARING a A. Notice of Intent 1. SBPF — Baxter Road Area (Multiple) SE48 -2581 (revetment project) (cont to 11/12) 2. Nantucket Islands Land Bank —17 &19 N. Liberty Street.; 8 Wesco Place (42.4.3 - 1,48,47) SE48 -2649 (cont to 9/17) 3. *Lily Pond R.T. — 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (coot to 9/3) 4. *Lily Pond R.T. — 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (coat to 9/3) 5. *Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (coat to 9/3) 6. Gund — 3,5,7,11 &15 E. Tristam Ave. (31- 9,8,7,5,15 &12) SE48 -2692 (cont to 9/3) 7. Tack3, LLC — 26 Washington Street (42.3.2 -23) SE48 -2694 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed last hearing and present status and additional information in response to previous comments and concerns. Willing to include wording about maintaining the existing grade of the crown of the sand walking path. The trees were checked to identify which can be removed and which is to be maintained. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (4:07) Steinauer — Asked if the sand path can be maintained as an elevated path. Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 8. Cumberland Farms —115 Orange Street (55 -364) SE48- (cont to 9/3) 9. Sanford —16,22 & 26 Easton Street (42.1.4- 11,12 &13) SE48 -2699 (coat to 9/3) Page 1 of 4 Minutes for August 20 2014 adopted Oct. 29 10. *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 — Structure is located within a mapped flood hazard zone, barrier beach inventory project, priority estimated habitat for endangered species, and contains a coastal dune. The property is served by the Wauwinet well. Entire site is a barrier beach. Has a septic and leaching trench. Proposal is to bring the structure into compliance with current flood zone requirements, elevating 2.5 feet higher on a foundation and reducing the amount of decking and improving the site. The plan is also to maintain existing boardwalk in front, expand boardwalk to the driveway, and replacing a small section of decking. The area is mapped Natural Heritage and Endangered Species Program and is shown on the plan. Do not yet have the Massachusetts Natural Heritage response. He is requesting waivers related to the coastal dune, barrier beach, and land subject to coastal storm flowage under long -term net benefit and confining of work as described and the structure predates adoption of the Wetlands' Protection Act. Site will be protected from erosion during the work. Explored two septic options: tight tank and IA. Area of improvement is an overall increase within the 25 -foot buffer of the coastal dune. The intent is to maintain the retaining wall in the area of the deck along the back and remove the rest. Asked for a continuance. Public None Discussion (4:16) Discussion about how an IA system might be installed in this area with high ground water. Stein & Oktay would prefer the tight tank. Staff Waiting to hear from Massachusetts Natural Heritage. Will draft a positive order. Motion Continued to September 3 without objection. Vote N/A B. Amended Orders of Conditions 1. *Neilsen — 21 Wanoma Way — (92.4 -304) SE48 -2684 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — The order was for renovation of an existing house and reconfiguration of the beach stairs. The owner has decided to bring the structure down to the 111 floor decking and reconstruct anew as previously approved. There are no changes to the resource area. Stated the structure can't be move due to the septic location. A vegetative buffer is proposed. Public Brian Donavan, 15 Nichols Road — His concern would be that the footprint might increase. If there are no additional changes, he has no concerns. Susan Matloff, 15 Nichols Road — Concerned about the location of the well and septic and whether or not there is an emergency backup. One property in the area had to put their septic in the street. Harvey Matloff, 15 Nichols Road — Erosion in this area is a concern. Structures along Wanoma Way have been moved and a section of road has been lost due to erosion. His concern is for the environmental impact of construction of a larger and heavier structure and runoff on the bluff. Discussion (4:34) Steinauer — This house is in the buffer zone; as it is coming down so far and the bank is presently stable, seems it should be moved as far as possible from the bank. It is feasible the bank could start eroding. Glowacld — Looking at the impact, leaving the existing foundation is less destructive. Oktay —The work has already been approved, this is a minor amendment. It fits the requirements for an amended order. Glowacki — This is about removing the first floor, not much else. Discussion about whether or not the abutter notification was adequate and requirements met. Staff Wanoma Way is an improved paved road outside the 100 -foot buffer. The structure is not being removing for a new foundation; the existing foundation will be used and that minimizes the disturbance. Recommend close and issues. Motion Motion to Close and Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Page 2 of 4 Minutes for August 20 2014 adopted Oct. 29 III. PUBLIC MEETING A. Minor Modifications 1. Desert Island LLC —13 Delaney Road (Lot 7) (30 -66 portion) SE48 -2600 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Submitted a revised plan and letter showing bordering vegetated wetlands boundary and the buffer zones. Entire project is within the 100 -foot buffer. The house as approved was sited parallel to Cliff Road; now want to rotate it to be parallel with Delaney decreased in size. Net benefit is removal of existing asphalt driveway. Also propose to rotate pool to and be parallel with Delaney; but is no closer to resource areas than previously noted. All work is within a previously disturbed area. All downspouts will be connected to a subsurface infiltration system. Discussion (4:58) None Staff Recommend this be approved as a minor modification. Motion Motion to Approve. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 2. * O'Brien - 18 Medouie Creek (20 -27) SE48 -2513 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Discussion (5:05) None Glowacld — Spent a lot of time on this hearing about concerns about the impact on the environment and keeping the width narrow to minimize that. It is ironic that they are coming back and it seems those concerns have gone away. Staff The two split rail fences were permitted at 11 feet apart; they are now asking for them to be 13 feet apart across the road. Recommend this be approved as a minor modification. Motion Motion to Approve. (made by: Lafarge) (seconded by: Bennett) Vote Carried 5- 1 /Glowacki Opposed B. Certificates of Compliance (5:09) 1. *Nantucket Islands Land Bank - 181 Hummock Pond Road (65 -25) SE48 2579 Sitting Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused Steinauer Documentation Supporting documents and plans. Discussion None Staff Walkway across the Gardner property. In his opinion, it is a vast improvement over the other won. Recommend this can be issued. Motion Motion to Issue. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 2. *James Feeley — 5 N Liberty St (42.3.1 -114) SE48 -2620 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Discussion Staff None Construction of paving, wall, and granite patio. Did require waivers. It is in compliance. Recommend this can be issued. Motion Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 3. *Cascells - 3 N Gully St (73.1.3.7 & 5.9) SE48 -2199 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Lost about 25 feet of dune. Discussion None Staff The mitigation planting work had been done and documented, but was "reclaimed" by the sea. No on- going conditions. Recommend this can be issued. Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously Page 3 of 4 Minutes for Aueust 20, 2014, adopted Oct. 29 4. *Shea Realty Trust — 7 Alliance Road (39 -24.2) SE48 -736 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Discussion None Staff Originally issued in 1993 so had to do some research. Seems to be in compliance. Recommend this can be issued. Motioq Motion to Issue. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously C. Orders of Condition (5:17) 1. *Tack3, LLC — 26 Washington Street (42.3.2 -23) SE48 -2694 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Discussion None Staff Added to the waiver request that reduction of structure is a net benefit and there is no adverse impact. Would like to add language as to how this project site relates to wetlands across the street. Will add Condition 20 about maintaining the elevation of the central crown of the path. Standards require that ConCom staff is to be notified about the installation and removal of silt fencing. Motion Motion to Issue as amended. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 2. *Cumberland Farms —115 Orange Street (55 -364) SE48- (coat to 9/3) 3. *Sanford —16,22 & 26 Easton Street (42.1.4- 11,12 &13) SE48 -2699 (coat to 9/3) 4. *Zarella —129 Wauwinet Road (12 -4) SE48 -2700 (cont to 9/3) 5. Discussion of other closed notice of intent public hearings. D. Other Business 1. Approval of Minutes - None 2. Reports: a. CPC, Lafarge — Met 8/19. He might be assigned project of upgrade of shellfish building. b. NP &EDC, Bennett - Nothing c. Mosquito Control Committee, Oktay — Meeting on 8/21 at DPW. Presentation on Mosquitoes 8/23 at the UMass Field Station. 3. Commissioners Comment: a. Glowacki — The Tack3 LLC application on Washington Street seems to point out the issue of invasive species list and what is on the list. Feels the commission should request have documentation on the objective criteria the non - governmental advocacy group used to decide what species go on the list and what does not. Discussion about whether or not what was presented was sufficient documentation. Staff — He will contact the invasive species committee and other sources about setting up a special meeting to address invasive species. Further discussion about what might or might not qualify as an invasive species. 4. Administrator /Staff Reports: a. Updated on the Hummock Pond Road wetland replication area. Has put together a letter that outlines steps going forward which propose by Sept 15 address issues of the area in and around the culvert. Also deals with planting what is there. Last step is to ensure siltation measures are in place. DPW seems to have no issues with compliance. Emily MacKinnon, Nantucket Land Council — Reviewed Nantucket Land Counsel's responses to and remaining concerns about the process facilitating going forward. Thinks the change in the replication area should be memorialized somehow. (Staff — A minor mod or amendment reflecting the changes will have to come in eventually.) Step 2 the rip -rap isn't appropriate; whoever is responsible for steps 1 & 2 should be given extensive and clear information to ensure it is properly cleaned up. (Staff — Will meet with that person while work progresses.) The letter will be issued as amended without objection. Motion to Adjourn: 5:54 p.m. Submitted by: Terry L. Norton Page 4 of 4