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HomeMy WebLinkAbout2014-12-17Minutes for December 17, 2014, adopted Jan. 7, 2015 CONSERVATION COMMISSION CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, December 17, 2014 4:00 P.M. 4 Fairgrounds Road, Training Room RECEIVED Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Andrew 11. 6e� N 8 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: None Late Arrivals: LaFleur 4:06 p.m. Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment 1. Jeff Carlson — Paul Santos brought to the staff s attention that the Department of Environmental Protection (DEP) has been offering workshops in regards to revised wetland regulations. Asked who would be interested in attending a workshop scheduled on Island; he will try to schedule that. 2. Mr. Glowacki stated that he has reviewed all pertinent material of project files to be removed at this meeting and the appropriate form. II. PUBLIC HEARING A. Notice of Intent 1. Town & County of Nantucket — Baxter Rd btw 87 & 106 Baxter Rd (Baxter Rd Layout) SE48 -2733 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — NOI for mitigation of storm water runoff on Baxter Road. They have submitted a revised plan and letter of additional information in response to comments made at the last hearing. Reviewed those changes and the information contained in the letter. Resource areas are the coastal bank to the east and vegetated wetlands to the south. This project is about handling the runoff from the impervious surface of Baxter Road. This proposal serves to protect both public and private interests. Included in the packet is a statement from the Town Engineer that the plan has been reviewed. The DPW has been provided with an on -going operations and maintenance plan to keep the system functioning smoothly; that is included as supplemental information. Kara Buzanosld, Director Department of Public Works — This system is currently installed along roads in other areas of the island. The only difference with this project is the depth of the wells. Mark Haley, Haley & Aldrich — If all water is infiltrated above the defining level, the only place for it to go is out over the bank. That is why the wells went down so deep. Steven Cohen, Cohen & Cohen Law PC for'Sconset Beach Preservation Fund Public Emily MacKinnon, Nantucket Land Council Charlie Walters D Anne Atherton Discussion (4:04) Oktay — This is a typical set up; the one issue is the length of the infiltrator. Erisman — Expressed concern about the lack of use of vegetation to help mitigate run off; it is proven to work in handling some of the water. In regards to the bordering vegetated wetlands, asked for a watershed contribution for those. Lafarge — The work is represented as 110 feet away from the bank; in the lower part from the edge of the bank to the pole line is at the most 100 feet and where the viewing stand is about 80 feet. Feels they are working from old maps; suggested they go back and measure it. Is sorry that the commission as a group hasn't gone out there for a viewing. He is not voting in favor of this with wrong information. Gasbarro — Regardless of the distance, the system would be the same. They will update that information. Oktay — Asked about the difference from the depth of the wells and the depth of the infiltration chamber. Gasbarro — Extended that 20 feet up to ensure they had the infiltration layer. Haley — It also increases the longevity of the well. Oktay — She wants assurance the wetlands won't be inadvertently drained. The perched groundwater layers show clay layers at 10 and 46 feet deep. Page 1 of 7 L Minutes for December 17, 2014, adopted Tan. 7, 2015 Discussion (5:03) Oktay — Would like to see photos of the bank. Steinauer — Asked if there would be any watering of the grass. Merson — No; and he has no irrigation at the top of the bank. There are pipes sticking out of the bank that rain water onto the bank. Request a continuance to the next meeting. Staff Need to resolve that part of the bank is Town owned and getting information from BOS to get their permission to do the work. Motion Continued to 1/7/2015 without objection. Vote N/A Page 2 of 7 Glowacki — Can't understand the concern for the wetlands which were probably created from the runoff from Baxter Road. Steinauer — The letter mentions monitoring water in the wetlands but there are no details how that will be accomplished. Gasbarro — There are existing wells with monitoring in place; would use that information. Haley — That is also a reason the wells are solid pipe, to prevent picking up perched ground water. If we see impact of the wetlands, is close of the nearest wells and reroute the water to another well. MacKinnon — Some concerns have been touched on. Mr. Haley addressed her biggest concern relative to the bordering vegetated wetlands adjacent to the project; when there is a big storm, the southern end fills up and runs south. The boring information indicates the wells are going through the clay layer but couldn't establish the actual depth of the trench and gravel below ground and where it falls in relation to the clay layer. She was trying to get the information from the boring report because the gravel shouldn't go below the confining layer; the water would run into the gravel and drain through the confuting layer. Would like to see better documentation on the depth of the confining layer adjacent to the wetlands. The groundwater reports were helpful and the data provided on Wells 1 & 2 show the ground water 3 to 6 feet below the surface; she's still concerned because there is standing water alongside the road now. As far as monitoring, she recommends monitoring the wells monthly rather than twice a year. Walters — Asked about the criteria to determine the system is performing as intended and if it is not, then what and who pays to fix it. Would the Order of Conditions define failure criteria? Haley — This is a system installed by the Town. Oktay — This board would be more concerned about the impact on the wetlands. Steinauer — This board could request the system be removed and everything put back the way it was. Haley — The wells would be capped off. Atherton — She gathered from the testimony at the last hearing that they were seeking approval for the entire project, not just for a first -step test well and then the installation of the rest of the project. Gasbarro —That would require a subsequent DEP permit. The letter included was the initial recommendation. The Order of Conditions would require all other permits be in place before installation. There will be a follow up to obtain a permit from DEP similar to the process for a geo- thermal well. Erisman — Would like to see a hydrograph on water input into the wetlands. Lafarge — Asked what the design life on this system is. Buzanoski — The life span of the system is about 10 years; it could be maintained to last longer. The Town has a plan for erosion along Baxter Road; posts are in place 25 feet from the edge of the road. Mr. Dave Fronzuto checks them weekly. Once the eroding bank reaches those posts, the road would be determined to no longer be stable. The road would be moved west within the right of way; when that is no long safe, then they look at alternative access. This system will not affect utilities. Glowacki — The function of this bank is storm damage prevention; managing the storm water runoff would help protect that function. Gasbarro — Requested a continuance to the next meeting. Haley — Requested permission to do the work to determine the depth of the clay layers. Staff None Motion Continued to 1/7/2015 without objection. Vote N/A 2. Squam Partners LLC — 89 Squam Rd (13 -3) SE48 -2719 coat (1/21/15) 3. *Merson — 71 Baxter Road (49 -26.1) SE48 -2721 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative John Merson, owner — The contractor, who installed netting and beach grass on his neighbor's portion of the bluff, extended into about 10 feet onto his bank where it is unpermitted. It appears that some end scour has occurred. His neighbor to the north plans to do the netting and beach grass as well. He decided to do the same. Work would be done in the spring. Public None Discussion (5:03) Oktay — Would like to see photos of the bank. Steinauer — Asked if there would be any watering of the grass. Merson — No; and he has no irrigation at the top of the bank. There are pipes sticking out of the bank that rain water onto the bank. Request a continuance to the next meeting. Staff Need to resolve that part of the bank is Town owned and getting information from BOS to get their permission to do the work. Motion Continued to 1/7/2015 without objection. Vote N/A Page 2 of 7 Minutes for December 17, 2014, adopted Tan. 7, 2015 4. Sabet — 77 & 79 Eel Point Rd (32- 14&44) SE48 -2726 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — For the proposed removal of the existing studio with associated deck, gravel driveway, septic component, and portions of structures within 25 feet of the eroding coastal bank and reconstruction of studio /cabana with wrap- around porch located over 50- feet from the bank. No structures are within 50 feet of the coastal dune. The final part of the project is beach stairs. This was continued for a file number and response from Massachusetts Natural Heritage. Patricia Hanley, Reade, Gulhcksen, Hanley, & Gifford LLP Public None Discussion (5:10) Discussion Staff Have the Massachusetts Natural Heritage response. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously 5. Duke 55, LLC - 55 Duke Rd Lot 17(56- 185.1) SE48 -2729 coat (1/7/15) 6. Duke 57, LLC — 55 Duke Rd Lot 16 (56- 185.1) SE48 -2730 coat (1/7/15) 7. Duke 53, LLC — Sewer System Dukes Rd SE48 -2728 coat (1/7/15) 8. Five & Nine Medouie Creek R.T - 5 & 9 Medouie Creek Rd (20- 5 &4) SE48 -2727 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Reviewed findings from past hearings on this project. This NOI is for a primary dwelling, cottage, detach garage, pool, and patio all outside 50 -foot buffer. No waivers required. Massachusetts Natural Heritage review is completed with no adverse affect determination. There is an on -going condition on habitat management and open field monitoring. Public None Discussion (5:16) Steinauer — Asked if there was any St Andrews Cross out there. Discussion (5:20) Not opened at this time. Staff Madden — No; but the prior Order of Conditions referred to endangered species management. Staff The driveway was approved under a previous Order of Conditions that focused specifically on access as it Vote crossed a wetland. The one change from the last hearing is the original proposed pool fence crossed the 10. Hegenbert 50 -foot buffer; that has been changed and no longer requires a waiver. Received a letter from Sitting Massachusetts Natural Heritage that relied on their previous permit determination; there was nothing Recused added. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 9. Lauretta Lane N.T — 3 & 5 Lauretta Ln (14- 90 & 53) SE48 - 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 respond to Motion to Close. (made by: Bennett) (seconded by: Lafarge) Massachusetts Natural Heritage questions. Public None Discussion (5:20) Not opened at this time. Staff None Motion Continued to 1/7/2015 without objection. Vote N/A 10. Hegenbert — 6 Walsh St (42.4.1 -84) SE48 -2724 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Changed the fence along the property line to a continuation of the existing privet hedge. Not moving the board fence; just repairing in place. Public None Discussion (5:21) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously Page 3 of 7 Minutes for December 17 2014 adopted Tan. 7, 2015 11. White Heron Theatre Co — 5 North Water St (42.4.2 -88) SE48 - Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Work is within land subject to coastal storm flowage to demolish the small structure and build a new theatre facility. A complete storm -water package has been submitted with the application. Roof run off will be into a shallow drainage pool with emergency overflow into the Town system on North Water Street. It is redevelopment under storm water management standards. Requested continuance to the next meeting. Lynne Bolton, owner Public None Discussion (5:24) Steinauer — Asked if the full basement will be subject to flooding. Discussion (5:32) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 13. Sixty -Two Hulbert Ave LLC — 62 Hulbert Ave (29- 164.57) SE48 -2732 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — This is an existing developed property. All work within land subject to coastal storm flowage; there are no other resource areas. Proposing two small additions on the northern house and convert a deck to a porch reducing the foot print. Public None Discussion (5:34) None Staff Santos — The basement will be water tight. Explained the dewatering system which will be temporary. Staff None Motion Continued to 1/7/2015 without objection. Vote N/A 12. Steven Cohen Trustee — 35 North Beach St (29 -38) SE48 -2734 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Bob Emack, for the applicant — This is to construct a small addition to existing dwelling in land subject Hesco bags about 3 -4 feet high around the substation. Described the bags for providing stable flood to coastal storm flowage on a crawl -space foundation. Public None Discussion (5:32) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 13. Sixty -Two Hulbert Ave LLC — 62 Hulbert Ave (29- 164.57) SE48 -2732 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — This is an existing developed property. All work within land subject to coastal storm flowage; there are no other resource areas. Proposing two small additions on the northern house and convert a deck to a porch reducing the foot print. Public None Discussion (5:34) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 14. Nantucket Electrical Co —1 Candle St (42.3.1 -93) SE48 -2731 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Melissa Kaplan, Wetland Scientist BSC Group, for Nantucket Electrical Company — Proposing to install Hesco bags about 3 -4 feet high around the substation. Described the bags for providing stable flood barrier. These are short-term until a more permanent solution is designed. Phase I leaves openings for access; Phase II closed those holes in the event of a storm. Previously disturbed area within the fence. Meet land subject to coastal storm flowage performance standards. Sand -filled fiber bags, no slurry. Public None Discussion (5:36) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Page 4 of 7 Minutes for December 17, 2014, adopted Jan. 7, 2015 III. PUBLIC MEETING A. Amended Orders of Conditions 1. MPB Realty Trust —13 C St (60.2.1 -76) Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Property has transferred ownership; included a copy of the new title. The OC was for a new structure. The new owners have developed a plan meeting their needs. Within buffer to coastal bank. The general configuration is similar to what was approved and proposed siting farther from resource areas than the previously approval. Net reduction is approximately 333 square feet. The coastal bank is stable; there is a salt marsh along the creek. Public Ted Lyman, 12 C Street — Asked how this could be amended when the original has expired. No work has been done. Concerned that the impact to the coastal will be greater than is shown. This will be built within the 50 -foot buffer zone. There are significant run -off issues with construction. The deck being removed is permeable. The proposed addition to the garage would also affect run off as would reduction in surface area. The septic for this property was rebuilt in 2008 for a 3- bedroom house. The new house has 5 bathrooms and a guest cottage attached. The unit at 6 Tennessee Ave has an easement over the yard area. Discussion (5:43) Gasbarro — With respect to the garage, that is outside the 100 -foot buffer. In terms of runoff, this allows the same amount of area from the heavily vegetated coastal bank. He doesn't see an adverse impact. Discussion about what was originally permitted by this board and whether or not it was an entirely new structure. Oktay — It looks like the footprint is mostly the same. It is being pulled back from the coastal bank. Staff The septic is approved through the BOH. Our regulations don't allow for placement of leech field within area of jurisdiction. The date of the original OC is close but the American Recovery act extended and the governor granted another extension so it expires in Nov 2016. The commission granted waivers in the original order. Recommend this can be issued as a minor mod Motion Motion to Close and Issue. Bam /lfl (made by:) (seconded by:) Vote Carried unanimously B. Request for Determination of Applicability 1. Charina Sisters LLC —100 & 112 Madaket Rd (28 -79.2) SE48- Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Request for verification of wetland boundaries. A small isolated vegetated wetland was found; it has been flagged. There is an existing path along the wetland boundary. There is also an existing stone wall. Asked continuance to next meeting. Public None Discussion (6:00) None Staff None Motion Continued to 1/7/2015 without objection. Vote N/A 2. Tambourine Properties, LLC — 2 South Beach St (42.4.2 -60) SE48- Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Asked for continuance Public None Discussion (6:02) Not opened at this time. Staff None Motion Continued to 1/7/2015 without objection. Vote N/A Page 5 of 7 Minutes for December 17, 2014, adopted Jan. 7, 2015 C. Certificates of Compliance (6:02) 1. McHugh — 26 Western Ave (87 -77) SE48 -2646 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff For removal of brick patio and construction of porch and deck. It is in substantial compliance. Staff Recommend issue. Discussion None Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 2. Timbers —155 Poplis Road (44 -14) SE48 -1805 reissue Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Staff error; it just needs to be signed again. Discussion None Motion Motion to Re- Issue. (made by: Glowacki) (seconded by: Lafarge) Vote Carried unanimously D. Orders of Condition (6:04) 1. Sabet — 77 & 79 Eel Point Rd (32- 14&44) SE48 -2726 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Conditioned for a monitoring report for areas to be revegetated. Discussion None Motion Motion to Issue. (made by: Glowacki) (seconded by: LaFleur) Vote Carried unanimously 2. Five & Nine Medouie Creek R.T - 5 & 9 Medouie Creek Rd (20- 5 &4) SE48 -2727 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff Conditioned that the pool be drained /discharged to area outside ConCom jurisdiction. Discussion Glowacki — This is a large project that came fully compliant and went through smoothly. It is worth noting that sometimes this commission gets wrapped up in relatively small projects. Motion Motion to Issue. (made by: Oktay) (seconded by: Lafarge) Vote Carried unanimously 3. Hegenbert — 6 Walsh St (42.4.1 -84) SE48 -2724 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff No condition. There is a waiver. Discussion None Motion Motion to Issue. (made by: Glowacki) (seconded by: LaFleur) Vote Carried unanimously 4. Steven Cohen Trustee — 35 North Beach St (29 -38) SE48 -2734 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff No conditions. Waivers issued Discussion None Motion Motion to Issue. (made by: Lafarge) (seconded by: Okaty) Vote Carried unanimously 5. Sixty -Two Hulbert Ave LLC — 62 Hulbert Ave (29- 164.57) SE48 -2732 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff No conditions Discussion Motion Motion to Issue. (made by: Oktay) (seconded by: LaFleur) Vote Carried unanimously 6. Nantucket Electrical Co —1 Candle St (42.3.1 -93) SE48 -2731 Sitting Steinauer, Oktay, Bennett, Glowacki, Lafarge, Erisman, LaFleur Staff No conditions. Discussion None Motion Motion to Issue. (made by: LeFleur) (seconded by: Bennett) Vote Carried unanimously Page 6 of 7 Minutes for December 17 2014 adopted Jan. 7 2015 E. Other Business (6:13) 1. Monitoring Reports: a. 6 & 10 Tautemo Way 2. Approval of Minutes: December 3, 2014 adopted by unanimous consent. Glowacki abstain 3. Reports: a. CPC, Lafarge — Nothing b. NP&EDC, Bennett — Nothing c. Mosquito Control Committee, Oktay — State to review program before certification 4. Commissioners Comment: a. Steinauer — The Pumpkin Pond mitigation area is full of water. 5. Administrator /Staff Reports a. Don't have harbor or shellfish management committees but that is being developed; asked if anyone on the board was interested in participating. Oktay volunteered. b. Heard that the DEP determination on geo -tube project will arrive by the end of this week. There is no indication which way it will go. Motion to Adjourn: 6:22 p.m. Submitted by: Terry L. Norton Page 7 of 7