HomeMy WebLinkAbout2014-7-9Minutes for July 9 2014 adopted Oct 29
ot�ptlTUC�{F�'� CONSERVATION COMMISSION
CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
°ORAZ� www.nantucket- ma.gov
Wednesday, July 9, 2014 4:00 P.M.
4 Fairgrounds Road, Training Room
Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Andrew Bennett,
Michael Glowacki, Bam LaFarge, Ashley Erisman, David LaFleur,
Called to order at 4:00 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator
Attending Members: Steinauer, Oktay, Bennett, Glowacki, LaFarge, Erisman, LaFleur
Absent Members: Bennett, Glowacki, LaFleur
Late Arrivals: None
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment - None
II. PUBLIC HEARING
A. Notice of Intent
1. Nantucket Islands Land Bank —17 & 19 N.Liberty St.; 8 Wesco Place (42.4.3- 1,48,47) SE48 -2645
2. *Lily Pond R.T. — 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (Cont to 7/23)
3. *Lily Pond R.T. — 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (Cont to 7/23)
4. *Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (Cont to 7/23)
5. *Gund — 3,5,7,11 &15 E. Tristram Ave. (31- 9,8,7,5,15 &12) SE48- (Cont to 7/23)
6. Town of Nantucket -DPW —188 Madaket Road (39 -14) SE48 -2688
Sitting Steinauer, Oktay, LaFarge
Recused None
Documentation Supporting documents and plans.
Representative None
Public None
Discussion There is no quorum.
Staff Were waiting for the file number on this.
Motion Continued due to lack of quorum
Vote N/A
7. *Nantucket Islands Land Bank —158 Orange Street (55 -61.1) SE48 -2689
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused
None
(Cont to 7/23)
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Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — Work is remove a structure within ConCom jurisdiction. Both
structures will be removed and the land regarded and vegetated for use by the public. Regulated areas are:
a isolated vegetated wetland, land subject to coastal storm flowage, a saltmarsh, a coastal bank, and the
bordering vegetated wetlands which wraps both Land Bank and Goldberg property. Need a 25 -foot wide
temporary disturb the front wetlands to get the structures off to entail: clear cut of phragmites and
placement of steel plates. Will the remove the plates and remove invasive species within that area. Existing
retaining wall, dock, and stairs will be maintained in their present condition. Have worked with the
Goldbergs at 156 Orange Street to establish guidelines on how the grading will be accomplished around
existing cross easements. Have asked for waiver under the premise of a long -term net benefit. Asked for a
continuance to wait for input from DEP on the isolated vegetated wetland.
David M. Haines, Haines Hydrogeologic Consulting — Reviewed the invasive component of the NOI:
phragmites, herbaceous marsh fern, multi -flora rose, and tartarian honeysuckle. Cut the bushes then treat
the stump with Renovate& Explained the different treatment with Renovate® for the phragmites
dependent upon when the work starts. Will retreat the second year as necessary; will monitor to see what
comes back in. Reviewed shrubs to be planted in the different areas. Explained the "bloody glove
technique" for soaking the phragmites with the Renovate ®.
Public None
Page 1 of 6
Minutes for July 9 2014 adopted Oct 29
Discussion Steinauer — The Renovate® doesn't normally work on broad leaf grasses such as phragmites. Usually we
permit Rodeo® and a 25% drip for glyphosates. Wondered if that high a concentration for the glyphosate
would be necessary with the glove treatment. Fall is better for use of glyphosates, while tryclopyrs are a
growth hormone and is probably better for use earlier.
Haines — Stated he has used glyphosates around the 111 of August before seeds have set and have good
success. Stated he will double check the literature.
LaFarge — Stated he has been involved in putting down steel plates and monitoring the placement. He
has gone back two years later to see what the wetlands look like two years later and could not tell they had
been placed. There might be a little compaction right at the surface which comes back quickly.
Staff The different methods can be conditioned for the different concentrations: 15% for glove, 25% for drip.
Motion Continued to July 23 without objection
Vote N/A
8. *Stop & Shop — 9 Salem Street (42.3.1 -89 &229) SE48 -2687
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused
Documentation
Representative
Public
Discussion
Staff Resource area is land subject to coastal storm flowage an d harbor. Have everything needed to close.
Motion Motion to Close. (made by: LaFarge) (seconded by: Oktay)
Vote Carried unanimously
9. *Lower Pocomo N.T. — 88 Pocomo Road (15 -42) SE48-
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — Limited amount of clearing outside the 25 -foot no- disturb z n b t
None
Supporting documents and plans.
Taylor Dowdy, VHB, Inc. Watertown Mass — Install 300 square feet (SF) concrete pavement for ease of
access of vendor trucks. Work has been completed so asking for as -built permit. Was previously super
compacted gravel with broken pavement beneath, which indicates it had been paved at one time.
Bill O Brian, Stop & Shop
None
None
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within the 25- 100 -foot area adjacent to a coastal bank and construction of a viewing stand and set of
wood beach stairs. Regulated areas are a coastal bank, coastal beach, and lower portion land subject to
coastal storm flowage. No dwelling construction proposed at this time. This property was before the
commission for sand -drift fencing along the lower portion of the property. Packet includes a profile of the
beach stairs. The erosion rate is only about a foot a year. The sand -drift fencing permit includes dune
restoration and beach grass planting. Request continuance.
Public None
Discussion Clarification of work location in relation to resource areas.
Staff Do not have a file number. Will draft an order for the next meeting.
Motion Continued to July 23 without objection
Vote N/A
10. *Middle Valley, LLC —12 Middle Valley Road (43 -162) SE48-
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Mark Rits, Site Design Engineering — This property was before the commission about a year ago; since
then it has been subdivided and under new ownership. This is to clean things up with the new lot lines.
The entire area is within Massachusetts Natural Heritage placed a restriction on the original property. All
work is outside that restricted area and 50 -foot buffer to the bordering vegetated wetlands. Asking for a
pool, pool house, main dwelling, garage and landscaping within the 100 -foot buffer. No waivers are
required. Requested continuance.
Public
None
Discussion
None
Staff
Do not have a file number.
Motion
Continued to July 23 without objection
Vote
N/A
Page 2 of 6
Minutes for July 9, 2014, adopted Oct. 29
B. Amended Orders of Conditions
1. *MPB N.T. —13 C Street (60.2.1 -76) SE48 -2187 (Withdraw)
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Applicant requested a withdrawal without this being heard. Recommend withdrawing without prejudice.
Motion
Motion to Approve the withdrawal without prejudice. (made by: LaFarge) (seconded by: Oktay)
Vote
Carried unanimously
2. *Cliff ACK R.T. — 96 Cliff Road (41 -15) SE48 -2066
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — The original NOI was under the previous owner for construction of
a single - family dwelling and septic. The resource area is a certified vernal pool on the lot and isolated
vegetated wetland across the road, which has subsequently been filled in for the bike path. This request is
for a specific expanded single - family dwelling on the subject property; also putting the permit under the
name of the new owner. It is outside the 50 -foot setback; the limit grading has not changed; it is outside
the no -build setback for the vernal pool. The septic is septi -tech alternative technology with a Board of
Health mandated maintenance program. There is no way to save the front tree.
Public
Chrissie Brown, 100 Cliff Road — Reiterated concerns expressed in the email.
Discussion
Steinauer — His main concern would be honoring the vernal pool setbacks.
Oktay — There are stricter regulations for vernal pools.
Discussion about the trees.
Staff
Any order of condition runs with the property, not the owner. Read an email from Jesse Brown about
preserving two existing large trees and a condition to include proper maintenance of the septic. A
landscaping plan needs to be applied for. Recommend issue.
Motion
Motion to Close and Issue. (made by: Oktay) (seconded by: LaFarge)
Vote
Carried unanimously
1. 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, LaFarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc. — This involves and 18 SF shed on the north
side of the garage, the western side of the garage, and A/C unit on a platform, and 36" high picket fence
on the southern portion of the lot up to the 50 -foot buffer to the coastal dune and transition to a split rail
when it enters the 50 -foot buffer.
Discussion
Oktay — The high -water mark is from 2012; asked if that has changed.
Staff
The buffer is measured from the coastal dune which has held. This conforms as a minor modification.
Motion
Motion to Issue. (made by: Oktay) (seconded by: LaFarge)
Vote
Carried unanimously
2. *Bresler, Trustee — 26 Gosnold Road (30 -89) SE48 -2584
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Two areas of concern are a wetland at the corner of Sachem and
Gosnold Roads and the issue of a sump pump that dumped onto the abutters property and created an
isolated vegetated wetland. The sump has been removed and water is no longer discharging onto the
Graves property. This is for the reduction of the cottage footprint and to push it back to be in line with
the structure at 28 Gosnold Road. The area along the back that was part of the man-made regulated area
is being reclaimed. Still outside the 25 -foot buffer but within the 50 -foot buffers. Will revegetate the 25-
foot buffer area in keeping with the original landscaping plan.
Discussion
None
Staff
Over the next few years it will be interesting to see what happens to that sump discharge area now that
water is not being dumped into it. This qualifies as a minor modification.
Motion
Motion to Issue. (made by: Oktay) (seconded by: Erisman)
Vote
Carried unanimously
Page 3 of 6
Minutes for July 9, 2014, adonted Oct. 29
3. *Frazier
— 33 Jefferson Ave. (30 -123) SE48 -2415
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Documentation
Supporting documents and plans.
Representative
Mark Rits, Site Design Engineering — This is to construct a pool in the area of a pervious material patio.
All pool components will be outside the 50 -foot buffer.
Discussion
Steinauer — Asked about the standard pool conditions.
Staff
The standard pool conditions will be on the minor modification. This qualifies as a minor modification.
Motion
Motion to Issue. (made by: Oktay) (seconded by: LaFarge)
Vote
Carried unanimously
B. Certificates of Compliance
1. Morency —11 Marsh Hawk Lane (56 -112) NAN -057
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Discussion
None
Staff
This is a re- issue; it was lost and needs to be recorded.
Motion
Motion to Re -Issue NAN -057. (made by: Oktay) (seconded by: Erisman)
Vote
Carried unanimously
2. FABACK
2, LLC —15 Lauretta Lane (14 -10.1) SE48 -2634
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Discussion
Oktay — Asked if there are pictures of the structure as it is constructed now. (Yes)
Staff
This is for slope -stone revetment at the Octagon House. It has been installed in accordance with the plan.
They have provided for the records a quote for the cost of removal of the structure and a yearly
nourishment cost; those funds have been provided to the Town and are being deposited accordingly.
Recommending a number of continued Conditions 20 through 29. Other than that, it is built in
accordance with the plans. Recommend the Certificate of Compliance can be issued.
Motion
Motion to Issue. (made by: Oktay) (seconded by: Erisman)
Vote
Carried unanimously
3. Penny —10 Old North Wharf (42.3.1 -23) SE48 -1378
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Discussion
None
Staff
Need to re -issue this Order of Condition; it was lost and never recorded. Then the Certificate of
Compliance is to invalidate the Order of Condition. Work was never done.
Motion
Motion to Re -Issue 1378 Order of Conditions. (made by: Oktay) (seconded by: LaFarge)
Vote
Carried unanimously
Motion
Motion to Issue the Certificate of Compliance that no work was completed. (made by: Oktay)
(seconded by: LaFarge)
Vote
Carried unanimously
4. Penny —10 Old North Wharf (42.3.1 -23) SE48 -1653
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Discussion
None
Staff
Work has been completed for the repair and replacement of the foundation. It is in compliance and
recommend it be issued for the work that was actually done.
Motion
Motion to Issue. (made by: LaFarge) (seconded by: Oktay)
Vote
Carried unanimously
5. Sankaty Head
Golf Club — 315 Polpis Road (25 -6) SE48 -2532
Sitting
Steinauer, Oktay, LaFarge, Erisman
Recused
None
Discussion
None
Staff
Construction of a new septic system is in compliance with regulations and the permit as issued. No on-
going conditions. Recommend the issue the Certificate of Compliance.
Motion
Motion to Issue. (made by: LaFarge) (seconded by: Oktay)
Vote
Carried unanimously
Page 4 of 6
Minutes for July 9, 2014, adopted Oct. 29
C. Orders of Condition
1. Town of Nantucket-DPW— 188 Madaket Road (39 -14) SE48 -2688 (Cont to 7/23)
2. Steinberg —18 East Tristram Avenue (31 -33.1) SE48 -2676
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff Relocation of the existing paved roadway. No waivers required. MESA signed off. Will attach the MESA
determination letter to the Order of Conditions. Massachusetts Natural Heritage ruled no adverse impact
and no take. Complies with all the setbacks.
Discussion Oktay — Reviewed information to ensure accurate understanding.
Motion Motion to Issue. (made by: Oktay) (seconded by: LaFarge)
Vote Carried unanimously
3. Moore — 2 Sandy Drive (29 -75) SE48 -2683
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff For work within land subject to coastal storm flowage and the buffer zone to an isolated vegetated
wetland. No waivers required.
Discussion None
Motion Motion to Issue. (made by: Oktay) (seconded by: LaFarge)
Vote Carried unanimously
4. Via Vai, LLC —141 West Chester Street (41 -904) SE48 -2682
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff No waivers are required. Conditions: all construction materials to be stored outside the setback and pool
shall not be drained /discharged into an area within the jurisdiction of the commission. Noted a
typographical error.
Discussion None
Motion Motion to Issue as amended. (made by: Oktay) (seconded by: Erisman)
Vote Carried unanimously
5. Goose Cove, LLC — 7 South Cambridge Street (59.4 -132) SE48 -2680
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff Septic upgrade and installation of water service within the buffer zone to a bordering vegetated wetlands.
The leeching area is outside ConCom jurisdiction. Will add Condition 19 requesting a copy of the BOH
report.
Discussion None
Motion Motion to Issue as amended. (made by: LaFarge) (seconded by: Oktay)
Vote Carried unanimously
6. Nielsen — 21 Wanoma Way (92.4 -304) SE48 -2684
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff Work within the 25 -foot setback of a state and local regulated coastal dune and revegetation of the 25-
foot buffer. Requires waivers. Only condition is that materials be stored outside the 50 -foot setback.
Discussion None
Motion Motion to Issue as amended. (made by: Oktay) (seconded by: LaFarge)
Vote Carried unanimously
7. Anathan — 84 Pocomo Road (15 -40) SE48 -2685
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff Replace existing beach stairs and remove "make- shift" terraces on a coastal bank. Condition 20: photos
shall be provided to the commission before and after the removal of the terraces and photos to be filed
with the commission every six months to see how the bank settles over time. It is being allowed to
revegetate naturally.
Discussion Oktay — Asked if it is necessary to write in that revegetation is allowed.
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: LaFarge)
Vote Carried unanimously
Page 5 of 6
Minutes for Tulv 9, 2014, adopted Oct. 29
8. Seven Doors N.T. —13 Lincoln Ave (30 -135) SE48 -2686
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff For a new foundation and addition; nothing is getting closer to the bank. Landscaping within the buffer
zone. Only condition is that construction materials are stored outside the 50 -foot buffer. The existing
structure is within the setback for a coastal bank. Reviewed the site plans of the proposed work for
clarification.
Discussion Oktay — The Order of Conditions is worded referring to the historic use of the bank.
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: LaFarge)
Vote Carried unanimously
9. Duke 53, LLC — 53 Dukes Road (56 -185.4 portion) SE48 -2681
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff For construction of a pool, hardscaping, and associated grading located outside the 50 -foot buffer and
most work outside the 100 -foot buffer. No waivers are required. Added the regular condition for the
discharge of the pool outside ConCom jurisdiction.
Discussion None
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: LaFarge)
Vote Carried unanimously
10. Nantucket Islands Land Bank —158 Orange Street (55 -61.1) SE48- (Cont to 7/23)
11. Stop & Shop — 9 Salem Street (42.3.1 -89 &229) SE48 -2687
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff For concreting of an area of impacted gravel in the flood zone. Didn't know what it would be conditioned
for.
Discussion None
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Erisman)
Vote Carried unanimously
12. Lower Pocomo N.T. — 88 Pocomo Road (15 -42) SE48- (Cont to 7/23)
13. Middle Valley, LLC —12 Middle Valley Road (43 -162) SE48- (Cont to 7/23)
14. Discussion of other closed Notice of Intent hearings
D. Enforcement Action
1. Hummock Pond Road Bike Path, update.
Sitting Steinauer, Oktay, LaFarge, Erisman
Recused None
Staff Issued a letter for bike path last meeting. The Town has engaged a wetlands scientist, Brian Madden,
Laurentide Environmental Consultants, Inc., to delineate the wetlands this week and started the
procurement process for the surveyor.
Discussion None
E. Other Business
1. Approval of Minutes — None
2. Reports:
a. CPC — Discussion about appointing /electing a new representative.
b. NP &EDC — None
c. Mosquito Control Committee, Oktay — Working to have plan accepted by State.
3. Commissioners Comment:
a. Oktay — Board of Selectmen will be discussing the Goose Pond Bike Path at their meeting this evening.
b. LaFarge — When boats washed up on Monomoy, a tracked machine went over the bank and down onto the beach.
Staff — Stated when he got the call about the machine, he believed it would be using an approved access point; will
talk to the Harbormaster about ensuring the protocol is followed. Discussion about boats damaged during the
storm and their affect on the harbor.
4. Administrator /Staff Reports
a. None
b. Steven Cohen, Cohen & Cohen Law PC — Asked about whether or not there was a quorum to adopt the 18 East
Tristram Avenue Order of Conditions decision. Staff — Assured that yes that after discussions with Town Counsel
the commissioners present were able to vote on the Order of Conditions as the hearing and the Order of
Conditions are different. Will run it by him again and not issue the order until that is clarified.
Motion to Adjourn: 5:54 p.m.
Submitted by:
Terry L. Norton
Page 6 of 6