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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) Cl c-D c1 r r-; v ,7.0 Tel M M 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 o e u 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