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HomeMy WebLinkAbout2014-8-6Minutes for August 6 2014 adopted Oct. 29 -_ CONSERVATION COMMISSION �pNTUCkF�, "�, 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) rn 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