HomeMy WebLinkAbout2014-7-23Minutes for July 23 2014 adopted Oct 29
CONSERVATION COMMISSION
CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket - ma.gov
Wednesday, July 23, 2014 4:00 P.M. c
4 Fairgrounds Road, Training Room c c�
Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), And&w Benhett,77
Michael Glowacki, Bam Lafarge, Ashley Erisman, David LaFlerar C,-)
Called to order at 4:02 p.m.
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Staff in attendance:
Jeff Carlson, Natural Resources Coordinator
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Attending Members:
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Absent Members:
LaFleur
►--►
Late Arrivals:
None
( —
Earlier Departure:
None
M
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Agenda adopted by unanimous
consent
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*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment
Mary Wawro — Asked for the status of the Town /'Sconset Beach Preservation Fund NOI. Staff — The geo -tube
structure denial has been appealed and legal counsel has been approved for defense of the appeal. DEP and Jim
Mahalla are trying to set up an environmental notification form filed by `Sconset bluff that requires an on -site visit
at the same time as the appeal; that date has not been set. For any appeal the office has to provide the administrative
record for the superior court, a listing of every document and every document enclosed going forward; that goes to
DEP as well. Tape recordings can be provided as well; they do have access to everything. Wawro — The appellant's
record does not refer to information included in the oral testimony; the audio and video files should be put into the
records going to defense. Staff — As far as the record goes, the admin record includes every document taken in. He
has to supply and certify that it is correct. If they feel the minutes are sufficient, they can go from there; they want
to watch the videos or request them, they are able to do so. Oktay — Suggested making a list of all the audio and
visual recordings to provide to the defense counsel. Wawro — The important thing is to give the files to them; they
shouldn't have to ask for them. It is important that the administrative record be very complete and very thorough.
Roggeveen — Suggested the commission direct the administrator to furnish the audio /visual files to both the
appeal bodies. If it gets decided and further appealed without those; they are no longer part of the record.
II. PUBLIC HEARING
A. Notice of Intent
1. SBPF — Baxter Road Area (Multiple) SE48 -2581 (Revetment project) (cont to 8/20)
Discussion Roggeveen — Asked that the commission consider administratively closing this NOI. It has been 10
months since it was last heard and only four commissioners remain who originally sat on it and some of
them might have missed too many meeting to continue sitting on it. There could be a quorum issue. Also,
the filing of a new NOI would require an updated abutters' notification. Properties might have changed
hands since this application first came before the board.
Staff The applicant requested a continuance for a month. Think that is a fair drop -dead date for them to act or
withdraw. There is a quorum issue: a quorum can be met but there isn't margin for error.
2. Nantucket Islands Land Bank —17 & 19 N. Liberty St.;8 Wesco Place (42.4.3- 1,48,47) SE48 -2649 (cont to 8/20)
3. Town of Nantucket -DPW —188 Madaket Road (39 -14) SE48 -2688
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge
Recused Etisman
Documentation Supporting documents and plans.
Representative None
Public None
Discussion (4:17) Steinauer — Drove by and thinks he saw purple loosestrife.
Staff Didn't have a quorum at the last meeting. Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Oktay)
Vote Carried unanimously
4. *Lily Pond R.T. — 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (cont to 8/6)
5. *Lily Pond R.T. — 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (cont to 8/6)
6. *Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (cont to 8/6)
Page 1 of 7
Minutes for July 23 2014 adopted Oct 29
7. Land Bank —158
Orange Street (55 -61.1) SE48 -2689
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Was being held because the Department of Environmental
Protection (DEP) had questions about the temporary disturbance of the wetland and placement of plates;
that has been resolved. There is no Natural Heritage and Endangered Species Program (NHESP) filing.
David M. Haines, Haines Hydrogeologic Consulting submitted a revised report refining the invasive
species removal protocol. Asked for a waiver for work within the 25- and 50 -foot buffer submitted under
the premise of long -term net benefit.
Public
None
Discussion (4:19)
Staff Have everything needed to close.
Motion to Close. (made by: Bennett) (seconded by: Oktay)
Carried unanimously
*Lower Pocomo N.T. — 88 Pocomo Road (15 -42) SE48 -2690
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
None
None
Motion
Vote
8.
Sitting
Recused
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — Was continued for the file number. It was for work outside the 25-
foot buffer and a small amount of clearing between the 50- and 100 -foot buffer to put up a view stand,
construct a beach stair, and lay a driveway. Regulated areas are a coastal bank, costal beach, and land
subject to coastal storm flowage. Does not require waivers. Any work on the dwellings would have to
come back under a new NOI. There is an existing permit for a sand drift fencing.
Public None
Discussion (4:22) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Oktay)
Vote Carried unanimously
9. *Middle Valley, LLC —12 Middle Valley Road (43 -162) SE48 -2691
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Representative Mark Rits, Site Design Engineering — Held open for a DEP file number. This is to construct a house,
pool, and 2nd dwelling outside the 50 -foot buffer for bordering vegetated wetlands and also outside the
agreed -upon conservation restriction area. No work of any kind is proposed inside the 50.
Public None
Discussion (4:25) None
Statt Portion of the work inside the 50 -foot buffer is a very small corner. No waivers required. Have everything
needed to close.
Motion Motion to Close. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
10. *Gund — 3,5,7,11 &15 E. Tristram Ave. (31- 9,8,7,5,15 &12) SE48 -2692
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Requested a continuance to the 8/6 for a full board
meeting
Public None
Discussion (4:27) None
Staff None
Motion Continued without objection to 8/6.
Vote N/A
Page 2 of 7
Minutes for July 23 2014 adopted Oct 29
11. *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. — Work is within the buffer to a bordering vegetated
wetland for a single family dwelling. Boundaries for the bordering vegetated wetlands were confirmed
under an application for Request for Determination of Applicability (RDA). Most of the site is
Staff
jurisdictional but the leach bed sited outside 100 -foot buffer. The structure is entirely outside the 50 -foot
Motion
buffer. Requested a waiver for the 2 -foot groundwater separation. If dewatering is required, do have an
Vote
area outside the 100 -foot buffer for that. The area has heavy natural vegetation. Requested a continuance
13. *Cienava
to 8/6 to hear from Massachusetts Natural Heritage.
Sitting
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Public
None
Discussion (4:28)
Oktay — Asked if soil would have to be brought in (sandy fill only); concerned about bringing in invasive
Representative
plants.
Staff
There is a rather large shrub swamp with large trees. Vegetation is thick. Will draft a positive order.
Motion
Continued without objection to 8/6.
Vote
N/A
12. *Tack3, LLC
— 26 Washington Street (42.3.2 -23) SE48 -2694
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — Within land subject to coastal storm flowage so part
of the proposal is the lifting of the structure as well as renovation. Proposed in westerly corner is a garage
studio outside the 50 -foot buffer to coastal dune and isolated vegetated wetland. Requesting waiver under
long -term net benefit. The handicapped (H /C) ramp will move away from the isolated vegetated wetland.
Proposing a new walk bath to the beach through undisturbed area. Dewatering might be required; will
apply to Department of Public Works (DPW) for temporary dewatering. Will propose silt fencing to
establish limit of work. There is no room for on -sight storage; will remove debris daily. The driveway will
change at the entrance. Looked at the wetlands area on the opposite side of the street; will have David M.
Haines, Haines Hydrogeologic Consulting look into that further. Foundation is still to be determined:
either solid fill or to allow flood waters through. Request continuance.
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Public
None
Discussion (4:33) Oktay — The lot is very tight; would like to know what will be done to contain construction debris
Discussion (4:47) Oktay — Asked if there might be any restrictions from Massachusetts Natural Heritage.
Santos — No. The only conditions they had on the original approval were the symbolic fencing, the
certification, and the staking.
Steinauer — Would think here would be concern for rare species
Staff None
Motion Continued without objection to 8/6.
Page 3 of 7
Discussion about the tree, which might be a sycamore.
Lafarge — Asked what would happen in a storm if the rosa rugosa were removed.
Oktay — Rosa rugosa does work and is a good plant for storm control.
Bennett — Would like to see a breakdown of ground covers.
Gasbarro — Did not provide that in terms of the abutter zone. Will do so.
Oktay — Her concern with the path is the possibility of channelization affect in a heavy rainstorm.
Gasbarro — Will address that by showing the topography; believes that it rises and falls.
Staff
None
Motion
Continued without objection to 8/6.
Vote
N/A
13. *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 —The construction of single - family home and associated utility
infrastructure. Work is all within the buffer zone; no waivers are required; small section of land is land
subject to coastal storm flowage. The wetland line previous established under an RDA and is still a valid
line. The area is subject to an NHESP permit which was obtained and amendments; do not have that
information yet. Septic is outside the 100 -foot buffer to the Long Pond. There are no buffers associated
with the shoreline; all work is associated with the bordering vegetated wetlands of Long Pond. No waivers
are required Request continuance to 8/6 for NHESP comments in regards to the Wetland Protection Act.
Public
None
Discussion (4:47) Oktay — Asked if there might be any restrictions from Massachusetts Natural Heritage.
Santos — No. The only conditions they had on the original approval were the symbolic fencing, the
certification, and the staking.
Steinauer — Would think here would be concern for rare species
Staff None
Motion Continued without objection to 8/6.
Page 3 of 7
Minutes for July 23 2014 adopted Oct 29
Vote N/A
14. *Dionis R.T. — 73 Eel point Road (32 -16) SE48 -2693
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Representative Leo Asadoorian, Blackwell and Associates Inc. — Move an existing structure away from an actively
eroding coastal bank; erosion is averaging 5 feet a year. Everything will be moved outside of ConCom
jurisdiction, about 184 feet from the top of the coastal bank. The existing septic will be removed, the
house moved and area regarded and reseeded.
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Public None
Discussion (4:55) Lafarge — Pointed out that there have been years when the north shore didn't erode.
Asadoorian — Did an analysis back to 2011 at which time erosion was a little over 2 feet year. The last
two years have been bad.
Staff None
Motion Motion to Close. (made by: Bennett) (seconded by: Oktay)
Vote Carried unanimously
B. Amended Orders of Conditions
1. *Caplan — 37 Hulbert Avenue (29 -20) SE48 -2636 (withdrawn)
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors
Public None
Discussion (4:59) None
Staff None
Motion Motion to Accept the withdrawal. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
III. PUBLIC MEETING
A. Minor Modifications
1. *17 Massachusetts Ave N.T. —17 Massachusetts Ave. (60.3.1 -315; 60 -5) SE48 -2498
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Representative None
Public None
Discussion (5:00) Steinauer — Moving some things around within the 25 -foot buffer to the wetland and a coastal dune.
Oktay — Doesn't seem like a big change.
Staff None
Motion Motion to Approve as a minor modification. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
2. *Desert Island LLC —13 Delaney Road (Lot 7) (30 -66 portion) SE48 -2600
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — Final design of the structure results in a rotation to
align with Delaney Road and dropped 300 SF; this moves the pool and driveway closer to the wetland
resource area. The scope of the project doesn't change. It was approved in the 50 -foot buffer; it is moving
no more than 3 -feet closer but still within the buffer. Requested continuance.
Public
None
Discussion (5:03)
There is reluctance about the pool to begin with and now it is getting closer to the resource area.
Oktay — Is concerned about the pervious material.
Staff
None
Motion
Continued without objection to 8/6.
Vote
N/A
Page 4 of 7
Minutes for July 23 2014 adopted Oct 29
B. Certificates of Compliance
1. *ACKEASY,
LLC — 92 Washington Street Ext. (42.2.3 -22) SE48 -2543
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Representative
None
Discussion (5:10)
None
Staff
Was for repair of damage to bulkhead. Recommend issue with on -going condition 22 about treatment of
the bulkhead limited to once a year.
Motion
Motion to Issue. (made by: Bennett) (seconded by: Oktay)
Vote
Carried unanimously
2. *Delbalzo
— 6 & 8 Grove Lane (41- 162 &163.1) SE48 -2549
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Representative
None
Discussion (5:11)
None
Staff
For construction of a secondary dwelling and associated site work. Built in compliance; recommnad issue.
Motion
Motion to Issue. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
3. *Abrams Point Realty Trust — 30 Rabbit Run Road (28 -6) SE48 -2644
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Representative
None
Discussion (5:12)
None
Staff
For bulkhead repair /replacement. It is compliance. Recommend issue
Motion
Motion to Issue. (made by: Bennett) (seconded by: Oktay)
Vote
Carried unanimously
4. *Westmoor
Club, LLC & Dukester, LLC —105 -109 West Chester St. (41- 805 &806) SE48 -2131
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Representative
Paul Santos, Nantucket Surveyors — One closes out permit for construction of tennis court outside 50-
foot other for construction of road within buffer to vernal pool and bordering vegetated wetland.
Discussion (5:13)
None
Staff
None
Motion
Motion to Issue. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
5. *Westmoor
Club, LLC — West Chester Street (41 -809) SE48 -1679
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Representative
None
Discussion
None
Staff
None
Motion
Motion to Issue. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
6. Howland —
90 Washington Street (42.2.3 -21) SE48 -2520
Sitting
Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused
None
Representative
None
Discussion (5:16)
None
Staff
Recommend issue
Motion
Motion to Issue. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
Page 5 of 7
Minutes for Tulv 23. 2014, adopted Oct. 29
C. Orders of Condition (5:16)
1. *Town of Nantucket -DPW —188 Madaket Road (39 -14) SE48 -2688
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Staff In the last discussion, limited use to the glyphosates; sometimes tryclopyrs use is permitted. Don't know
which is better for use on loosestrife.
Discussion Steinauer — Never heard of tryclopyrs being used on loosestrife. Otherwise it is a standard permit.
Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay)
Vote Carried unanimously
2. *Land Bank —158 Orange Street (55 -61.1) SE48 -2689
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Staff Removal of invasive species and two structures. Primarily address invasive protocols.
Discussion None
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Glowacki)
Vote Carried unanimously
3. *Lower Pocomo N.T. — 88 Pocomo Road (15 -42) SE48 -2690
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Staff Construction of beach stairs and driveway and a clearing. Included no construction on the beach.
Discussion None
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
4. *Middle Valley, LLC —12 Middle Valley Road (43 -162) SE48 -2691
Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman
Recused None
Documentation Supporting documents and plans.
Staff All materials stored outside 50 feet and normal pool discharge outside are of concerns.
Discussion None
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
5. Discussion of other closed Notice of Intent hearings
a. *Cressman — 8 Wauwinet Road (20 -11.1) SE48 -2696
b. *Tack3, LLC — 26 Washington Street (42.3.2 -23) SE48 -2694
c. *Cienava — Sheep Pond Road (63- 65 &66) SE48 -2695
d. *Dionis R.T. — 73 Eel point Road (32 -16) SE48 -2693 — Staff will draft a positive order of conditions.
D. Other Business
1. Approval of Minutes - None
2. Reports:
a. CPC, None
b. NP &EDC, Bennett
c. Mosquito Control Committee, Oktay
3. Commissioners Comment:
a. Steinauer — Noticed the brochure for fertilizer use. It's well done.
b. Steinauer — Got a call about a shark attack on a seal at Cisco Beach. Staff — that report as yet is unsubstantiated.
c. Oktay — Asked if there are any environmental concerns connected with the fire of the boat E=MC' in the Inner
Harbor. Staff — No, it was well contained.
d. Lafarge — Said he is hoping to hear from Mr. LaFleur.
4. Administrator /Staff Reports
a. TON /SBPF (see public comments)
b. Need a new CPC representative: Bam Lafarge volunteered.
Page 6 of 7
Minutes for July 23 2014 adopted Oct. 29
c. Hummock Pond Road Bike Path enforcement action update: Mr. Brian Madden provided his updated report. The
delineation for the area might not have been correct originally; it is probably a little lower than the surface area was
originally noted; it is important going forward to note that. Still have to deal with the remediation and getting the
wetlands back into shape and whether or not it was done right. The surveyors have provided the plan showing the
flag numbers and details on each section. The recommendations are good. In the last letter to the Town
memorialized today as the deadline for this report and get the delineation put to rest. It is now important to outline
the next steps. Nantucket Land Counsel, which holds the conservation restriction (CR), is of a like mind to keep
making incremental progress as the fall planting season approaches. There is still some site work to be done prior
to planting in the fall. There has been thought about doing work at the end of the culvert in regards to
sedimentation that is exasperating the problem. Prior to the next meeting, it is important to outline steps and goals
and have a site walk. Staff would like to get out there with both with the Town and the CR holders and possibly
the land owner. Need to reinstall the silt fencing and start preparing the site for planting. Kara Buzanosid,
Director DPW — The existing silt fencing is impeding the regrowth of existing plants; asked the commission
permission to remove that. For the next meeting, will have a survey at the next meeting showing the wedand size
indicating the replication area is sufficient in size and come in with a planting plan. Would like to give existing
plants the best chance to grow into the denuded area before planting starts in the fall. Staff — Would recommend
including a component that deals with the removal of the existing silt fence and installation of the new. Would also
request that with the plan that comes in have an idea of what to do with the sedimentation from the culvert. A lot
of the sand that comes through there is from across the street, not washing off the bike path. Emily MacKinnon,
Nantucket Land Council — The report will mean more once there is the survey to accompany it. Recommended
the commissioners take another look at the site before embarking on the revegetation; it looks much different
since the last site visit. Much of the silt fencing and erosion control material aren't doing anything and should be
removed.
d. Hopefully at the start of August there will be a new office administrator. Interviews are taking place now.
Motion to Adjourn: 5:45 p.m.
Submitted by:
Terry L. Norton
Page 7 of 7