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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. Rl Staff in attendance: Jeff Carlson, Natural Resources Coordinator C Attending Members: Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman Absent Members: LaFleur ►--► Late Arrivals: None ( — Earlier Departure: None M 'v Agenda adopted by unanimous consent ;v H *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