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
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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