HomeMy WebLinkAbout2014-8-6Minutes for August 6 2014 adopted Oct. 29
-_ CONSERVATION COMMISSION
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CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, August 6, 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 4:01 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
Motion to add election of officers to agenda. (made by: Oktay) (seconded by: Bennett)Carried unanimously
Agenda adopted by unanimous consent
Election of Officers
1. Chair — Oktay nominated Steinauer. Carried 6- 0 /Steinauer abstain
2. Vice Chair — Erisman nominated Oktay. Carried 5-1/Glowacki opposed, Oktay abstain
*Matter has not been heard
II. PUBLIC MEETING
N
A. Public Comment — None
III. PUBLIC HEARING c n
A. Notice of Intent
1. Lily Pond R.T. — 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (cont to 8/20) C1.) T1
2. Lily Pond R.T. — 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (cont to 8/20) _; t—' n
3. Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (cont to 8/20)
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4. *Gund — 3 5 7 11 & 15 E. Tristam Ave. (31 -9 8 7 5 15 & -12) SE48 -2692 0 3 M
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur � t� p
Recused None
Documentation Supporting documents and plans. r ^J
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed existing cdftditi(5;R of the properties, all
pre -1978 structures. Resource areas are coastal dune, coastal bank and lancNnder the ocean. All work is
within resource areas except for three const access points on each end and one center; create a sand ramp
for access to the beach; all materials will be delivered at the top. Existing structures are becoming
destabilized and plan to extend the existing stone revetments and add a flank for additional stabilization.
Intermediate will be timber sand -drift fence backed by 3 sand -filled coir tubes anchored in place. The
benefit is replacement of the plastic dune guard with bio- degradable timber and coir; only the anchors
aren't bio - degradable. Bank to be filled with clean, compatible fill and upper part covered with dune grass.
The bags will extend in front of the stone as a sand source. The hope is to provide a lower level of
maintenance for the structures. Final portion is that the existing revetment would be recovered, restacked
and rebuilt. Have located three monitoring transects. Requested a continuance to 8/20.
Lee Weishar„ Senior Scientist /Coastal Engineer Woods Hole Group — Waves are locally generated.
Storms have been increasing in magnitude so wave attack has increased. Studies, using three sources of
data, calculate the volume of sand contributing to the system is between 1500 to 2800 cubic yards (CY)
per year; chose nourishment to be 2325 CY of sand a year. Reviewed the four sources of sand; 2300 CY
of dune nourishment in front of the bag, additional 1800 CY covering the bags, 525 CY in the sand - filled
coir tubes totaling 4625 CY as part of the project, the bank itself is the last source if all else is lost.
Stan Humphries, Laurentide Environmental, LLC — Provided history of the original dune -guard system.
Steven Cohen, Cohen & Cohen Law PC
Public None
Page 1 of 6
Minutes for August 6 2014 adopted Oct. 29
Discussion (4:05) Bennett — Asked for information on the distances of the three houses from the unprotected corners of
the revetments.
Gasbarro — Roughly it is over 100 feet but will provide that information.
Oktay — The existing stone revetment has exacerbated the end scour; the structure has created its own
problem. Asked if the erosion rate for 2013 is included in the study.
Weishar — Those numbers were not yet available when the report was put together. Looked at the entire
bluff over the short term and the long term. Bluffs usually fail catastrophically so when a storm comes,
erosion and failure is easily identified. Under the short term, he said he would have expected more
erosion.
Oktay — Based upon the highest erosion rate, one building has between 40 and 50 years before it is
seriously endangered.
Gasbarro — The dune guard in place has helped minimize the erosion rate. The distance from the top of
the bank to one of the structures is about 130 feet. The proposed structure is a net benefit over the
existing order for the plastic dune guard and what is there; this is more in keeping with the current
practices of the commission. Doesn't believe a single row of zigzag fencing will be as effective as the dune
guard because of the open spaces in the fence; the bags are included to mimic natural erosion. Explained
why he thinks this is a better means of protection of the structures.
Oktay — This is a proposal for a coastal engineering structure; would like to see an alternative analysis.
Gasbarro — He will put something together for the next meeting. Explained he will look at everything
from nourishment alone to stone gabions.
Steinauer — Asked if Mr. Gasbarro has seen end scour in this design of other projects.
Gasbarro — Stated he has not seen end scour in projects similar to this proposal. Explained how those
projects and this were designed to allow for additional sand to prevent end scour. Pointed out that he has
not had to ask ConCom for a return on any of those projects.
Steinauer — Often we require annual nourishment at the rate of loss; this is proposing just to replenish
what's lost apparently because there are multiple levels of sand. If there is a catastrophic failure of the
structure, then the bank itself will provide sand into the system.
Weishar — That is correct. The sacrificial dune would be eroded first and could be replaced. Some years
there is erosion and some years there isn't. Sand will be replaced as needed.
Oktay — Expressed a concern that this is a lot of sand and when it erodes in a storm, it will shoal up the
area in front.
Steinauer — Mr. Gasbarro will have to justify a coastal engineering structure in a vacant lot.
Gasbarro — There is no hard structure proposed across the vacant lots; that area will have only a soft
Discussion (4:48) None
Staff This was waiting for a sign off from Massachusetts Natural Heritage, which was received. Have everything
needed to close.
Motion Motion to Close. (made by: Glowacki) (seconded by: Erisman)
Vote Carried unanimously
6. Tack3, LLC — 26 Washington Street (42.3.2 -23) SE48 -2694 (cont to 8/20)
7. Cienava — Sheep Pond Road (63- 65 &66) SE48 -2695
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — Were waiting for a Department of Environmental Protection (DEP)
number and response in regards to the wetlands act from the Division of Fisheries and Wildlife. Reviewed
the proposal and resource areas. There are no endangered plants.
Public None
Discussion (4:50) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Glowacki) (seconded by: Oktay)
Vote Carried unanimously
Page 2 of 6
structure.
Weishar — Explained the storms that were selected for his study: winds over 25 knots.
Staff
There is a letter from Emily MacKinnon, Nantucket Land Council in the packet.
Motion
Continued to 8/20 without objection.
Vote
N/A
5. Cressman —
8 Wauwinet Road (20 -11.1) SE48 -2696
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — For septic and driveway and associated grading.
Massachusetts Natural Heritage has signed off on the project.
Public
None
Discussion (4:48) None
Staff This was waiting for a sign off from Massachusetts Natural Heritage, which was received. Have everything
needed to close.
Motion Motion to Close. (made by: Glowacki) (seconded by: Erisman)
Vote Carried unanimously
6. Tack3, LLC — 26 Washington Street (42.3.2 -23) SE48 -2694 (cont to 8/20)
7. Cienava — Sheep Pond Road (63- 65 &66) SE48 -2695
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — Were waiting for a Department of Environmental Protection (DEP)
number and response in regards to the wetlands act from the Division of Fisheries and Wildlife. Reviewed
the proposal and resource areas. There are no endangered plants.
Public None
Discussion (4:50) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Glowacki) (seconded by: Oktay)
Vote Carried unanimously
Page 2 of 6
Minutes for August 6 2014 adopted Oct. 29
8. *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 site is land subject to coastal storm flowage and located within
about the work barge damaging eel grass; didn't see any eel grass in the area. Need to get more
DEP Map Zone 2. Those trigger Massachusetts stormwater standard. There are no wetlands or buffer
information on the presence of the eel grass, depth of the barge, and if it will sit on the bottom at low tide.
zones in regards to the subject site. Don't have a DEP file number; DEP has asked for information;
is for
Will speak to an engineer about bringing the pile driver in from the land side. Requesting a continuance to
provided them the stormwater management report which also discusses hydrology. The work a
teardown of the existing and construction of a new store in pretty much the same location and eliminating
8/20.
the Williams Street parking. Structure will be larger but built on a slab on grade. Will have to be back on
None
8/20 with additional information, request continuance.
Oktay — Need to know about the eel grass, the depth, and silt composition of the bottom.
Sarah Alger, Sarah F. Alger P.C. — The stormwater management should be better than what it is now.
Public
Alice Rochat, 7 Williams St. — Concern is the amount of pavement and increase in flooding from
stormwater.
Julie Young, 117 Orange St. — Retention basin mitigation at the back of the lot is a concern. Would like
to see the inclusion of more vegetation in the plan.
Cynthia Porrini, 111 Orange St. — Concerned about increased flooding on her property.
Discussion (4:54) Oktay — Asked about if the entire stormwater report was included in the file. (It is available.)
Santos — The only increase in an impervious area is at the back where the new parking will be.
Discussion about drainage and mitigation so as not to add to flooding problems along Orange Street.
Staff Do encourage written comments.
Motion Continued to 8/20 without objection.
Vote N/A
9. *Sanford —16, 22, & 26 Easton Street (42.1.4 -11, -12, & -13) SE48-
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation
Supporting documents and plans.
Representative
David M. Haines, Haines Hydrogeologic Consulting — Existing bulkhead spanning three lots is
deteriorating; requesting permission to replace /repair by driving steel piling in front and anchored back
and space between filled with a concrete mixture. Massachusetts Natural Heritage has expressed concern
about the work barge damaging eel grass; didn't see any eel grass in the area. Need to get more
information on the presence of the eel grass, depth of the barge, and if it will sit on the bottom at low tide.
Will speak to an engineer about bringing the pile driver in from the land side. Requesting a continuance to
8/20.
Public
None
Discussion (5:18)
Oktay — Need to know about the eel grass, the depth, and silt composition of the bottom.
Staff
Any work below the water line requires Army Corp of Engineers permit.
Motion
Continued to 8/20 without objection.
Vote
N/A
10. *Reiskin —
34 Codfish Park Road (73.1.3 -53) SE48 -2697
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — For work within 100 -foot setback setback to a edge of pavement
and jersey barriers on E side of Codfish Park Road, a coastal dune to elevate and place foundation under
existing structure, presently it is on a pier and some expansion to the structure. Shed within the 25 to 50-
foot setback will be removed. Waivers are requested under NOI and NRA and Provision 103F3D
separating area from site by the road. Site is outside any mapped Massachusetts Natural Heritage
endangered species areas and is above the flood zone.
Public
Al Lussier, 34 Codfish Park Road — Asked for a copy of the plan.
Discussion (5:26)
None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
Page 3 of 6
Minutes for August 6 2014 adopted Oct. 29
11. *Askew — 21A Pilgrim Road (41- 213.1) SE48 -2698
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Mark Rits, Site Design Engineering — confirmed presence of wetland across the street. This is for
development of the lot. Structure is entirely outside the 50 -foot buffer. Only work within is driveway,
landscaping and utilities connection. Will put up silt fence to protect the wetland during construction and
installation of utilities.
Public None
Discussion (5:33) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Oktay)
Vote Carried unanimously
B. Amended Orders of Conditions
1. *Cooney — 65 Wanoma Way (92 -19) SE48 -2670
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Liz Maury — For a garage outside the 50 -foot buffer and shell driveway. Will remove existing shell drive.
Parking to be replaced with a bluestone patio and remove a shed. No waivers are required.
Public None
Discussion (5:36) None
Staff Recommend this be closed and issued
Motion Motion to Close & Issue. (made by: Oktay) (seconded by: LaFleur)
Vote Carried unanimously
IV. PUBLIC MEETING
A. Request for Determination of Applicability
1. *One North Beach Street —1 North Beach Street (42.4.1 -89)
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative David M. Haines, Haines Hydrogeologic Consulting — For a small addition and deck within land subject
to coastal storm flowage and outside buffers of all other resources. No regarding; walkway will be slightly
reconfigured.
Public None
Discussion (5:39) None
Staff The area is completely developed. Recommend this be issued as a Positive 2 & Negative 2.
Motion Motion to Issue as Positive 2 and Negative 2. (made by: Glowacki) (seconded by: Oktay) .
Vote Carried unanimously
B. 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. — Requested a continuance to 8/20
Public None
Discussion (5:42) None
Staff None
Motion Continued to 8/20 without objection.
Vote N/A
2. *Five and Nine Medouie Creek R.T. — 5 & 9 Medouie Creek Road (50 -5 & -4) SE48 -2587
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Brian Madden, Laurentide Environmental Consultants, Inc. — For modification of driveway beyond the
ditch crossing to avoid a large Black oak tree. It straddles between the 25- and 50 -foot setbacks.
Public None
Discussion (5:42) None
Staff Recommend this can be approved as a minor modification
Motion Motion to Approve. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimous)
Page 4of6
Minutes for August 6 2014 adopted Oct. 29
C. Certificates of Compliance
1. *Buttermilk Channel, LLC — 9 Head of Plains Road (63 -67) SE48 -2492
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion (5:45)
Staff
None
All work has been done in compliance. There is very little within ComCom jurisdiction. Recommend this
Sitting
be issue with ongoing conditions. The Massachusetts Natural Heritage letter is recorded against the title.
Motion
Motion to Issue. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
2. *Maury/Martin — 323 Polpis Road (25 -9.2) SE48 -1126 - Reissue
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion (5:46)
None
Staff
This is a simple reissue; everything is in compliance. Recommend this be issued.
Motion
Motion to Issue. (made by: Oktay) (seconded by: Erisman)
Vote
Carried unanimously
D. Orders of Condition (5:46)
1. Cressman — 8 Wauwinet Road (20 -11.1) SE48 -2696
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Staff
Pointed out an error to be corrected. No additional conditions.
Discussion
None
Motion
Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried unanimously
2. Cienava —
Sheep Pond Road (63- 65 &66) SE48 -2695
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Staff
No waivers required. The only condition is for the pool.
Discussion
None
Motion
Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
3. *Dionis R.T.
— 73 Eel Point Road (32 -16) SE48 -2693
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
Everything is moving outside ConCom jurisdiction. Only condition is all material stored outside the 50-
foot setback.
Discussion
None
Motion
Motion to Issue as drafted. (made by: Oktay) (seconded by: Erisman)
Vote
Carried unanimously
4. *Reiskin —
34 Codfish Park Road (73.1.3 -53) SE48 -2697
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
Very easy, no conditions or waivers.
Discussion
None
Motion
Motion to Issue as drafted. (made by: Oktay) (seconded by: Erisman)
Vote
Carried unanimously
5. *Askew —
21A Pilgrim Road (41- 213.1) SE48 -2698
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Staff
No waiver. The pool is outside ConCom jurisdiction.
Discussion
None
Motion
Motion to Issue as drafted. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried unanimously
6. Discussion of other closed notice of intent public hearings.
Page 5 of 6
Minutes for August 6 2014 adopted Oct. 29
E. Other Business
1. Approval of Minutes: None
2. Reports:
a. CPC, Lafarge
b. NP&EDC, Bennett — Discussion about transferring ConCom properties to Nantucket Islands Land Bank.
c. Mosquito Control Committee, Oktay
3. Commissioners Comment
a. Oktay — End of Madaket Road, the lot to the right has cleared of vegetation. Staff — That was a house issued a
permit for an emergency move.
b. Steinauer — People have suggested that ConCom have a review of enforcement orders.
4. Administrator /Staff Reports
a. The new staff member, Leah Cabral, has started, and she is pulling out the enforcement actions to compile a list of
those that weren't closed out. Will then bring a full report back to the commission.
b. Update on the plan from Hummock Pond Bike Path wetland area square footage. Flagging indicates it is about 3200
square feet; 2700 square feet was approved. Work on the sedimentation issue needs to take place in the area of the
culvert. Discussion about writing into wetland replication permits a long -term review.
c. In speaking with Town Counsel, Mr. George Pucci would like to have an executive session with ConCom to discuss
the 'Sconset Beach Preservation Fund appeal before the August 20 meeting.
Motion to Adjourn: 6:09 p.m.
Submitted by:
Terry L. Norton
Pagc 6 of 6