HomeMy WebLinkAbout2015-2-4Minutes for February 4 2015 adopted Feb. 18 amended Mar. 4
CONSERVATION COMMISSION
CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
ww-w.nantucket- ma.gov
Wednesday, February 4, 2015, 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 4:04 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator
Attending Members: Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Absent Members: Glowacki
Late Arrivals: LaFleur 5:14 p.m.
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment — - -'
1. Sarah Alger, Sarah F. Alger P.C. for 78 Wauwinet Way — Has a letter that requests issuance of an enforcement
order against 14 Fargo Way; it was not built in conformance with the permit and is having a demppstrable adverse
impact on the adjacent resource area. There is also an unpermitted outfall pipe that is dumping large amounts of
water into the resource area on her client's property.
Staff — He has the enforcement order and photos indicating that the structure was not built in accordance with the
permit. The outfall pipe is a separate issue. Reviewed the non - conformities precipitating the enforcement order.
They have failed to provide an as -built upon completion of the project. They haven't provided information on the
sand, 40/40 silt. There are a lot of significant issues and the project also requires pipes. Recommends also issuing an
enforcement order that recognizes the pipe in addition to the problems with the structure and recognizes the impact
to the east and to the west. Recommends bringing them in and removal of non - compliant pieces. Also recommends
looking into what it would take to revoke the permit for the structure. He set it up so that they must respond by the
next meeting date, February 18, 2015.
Motion to Issue the Enforcement Order for Thompson at 14 Fargo Way. (made by: Oktay) (seconded by:
Bennett) Carried unanimously
2. Steven Cohen, Cohen & Cohen Law PC — Asked for an update in regards to illegal cutting from a couple of years
ago at Arbor Way and Cliff Road.
11. PUBLIC HEARING
A. Notice of Intent
1. *Lily Pond R.T — 27 North Liberty Street (41 -158 Lot A) SE48 -2678 (Cont 2/18/15)
2. *Lily Pond RD — 29 North Liberty Street (41 -158 Lot B) SE48 -2677 (Cont 2/18/15)
3. Lily Pond RT — 31 North Liberty Street (41 -158 Lot C) SE48 -2679 (Cont 2/18/15)
4. Duke 57, LLC — 55 Duke Rd Lot 16 (56- 185.1) SE48 -2730 (Cont 2/18/15)
5. Frazza — 21 Sheep Pond Rd (63 -19) SE48 -2748 (Cont 2/18/15)
6. APG /DRS Realty Trust — 80 & 84 Wauwinet Rd (11 -89.2, 28) SE48 -2749 (Cont 2/18/15)
7. *Goldberg —156 & 158 Orange St (55- 61,61.1) SE48 -2739
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Mark Rits, Site Design Engineering — Reviewed the project. The property experienced significant storm
damage; reviewed that damage and debris washed up onto the properties. Massachusetts Natural Heritage
has indicated NAI in constructing the pier. They propose to plant native shrub, such as bayberry, in lawn
area to enhance the buffer. Propose to rebuild the pier as is off the Goldberg's property; all work will be
by hand.
Public Rachel Freeman, Nantucket Islands Land Bank — Have yet to come up with plan for use of the property.
Mr. Goldberg's ability to work on his property is contingent upon Land Bank property being able to do
work on theirs.
Paul Santos, Nantucket Surveyors — Suggested rewording the plan to say "remove and /or relocate" the
pier.
Discussion (4:16) None
Staff This can be conditioned in regards to that work and rewording the plan. Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge)
Vote Carried unanimously
Page 1 of 6
Minutes for February 4 2015 adopted Feb. 18 amended Mar. 4
8. *Baxter Road Property Owners - 85,87,91,93,97,99,101 & 105 Baxter Rd ( 49 ,48- 35,8;22,21,19,18,17,15)SE48 -2751
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Presented an updated site plan at the table so is
willing to continue if necessary. The plan addresses concerns expressed at the last hearing. Defined the
exact area of proposed work on the plan. Met with contractor about where conveyors will be staged; those
are marked on the plans. Reduced the scope of the work in regards to the coir logs. Reviewed the
construction of the coconut -fiber logs and material of elements involved in positioning the logs and
holding them in place. The intent is to mitigate gullies that would wash out the plants. 2,000 cubic yards
(CI) of sand is estimated for the project. Explained irrigation of the plants especially in the early weeks
after planting. The main purpose of the project is to enhance stability by vegetation of the coastal bank.
Jamie Feeley, Cottage and Castle Construction
Public None
Discussion (424) Lafarge — Asked the spacing of the plants.
Gasbarro — On his other projects, he has used 18 inches.
Erisman — In regards to the coir in the gullies, if the logs are completely covered and they are having a
problem, it won't be evident until the sand slips behind them.
Oktay — The plan shows the logs in a single row but Mr. Gasbarro said they would be staggered.
Gasbarro —There are only two gullies that are of a concern; the drawing shows one log where there
might be actually two.
Oktay — Asked about the disposal area perimeters.
Gasbarro — It would be along the gully only. That should be stricken. Noted the goal is to keep
everything bio- degradable.
Lafarge — Asked, once this is in place, how nourishment would be delivered to the beach.
Feeley — Explained how the sand conveyors would be set up so as to deliver sand and not damage plants.
Gasbarro — Hoping the planting will take place in April.
Steinauer — New gullying points could come up.
Gasbarro —The small gullies aren't the problem, it is the major gullies. Hopefully the drainage will move
forward and alleviate the gullying.
Oktay — Feels photo monitoring will be necessary for the first few months.
Staff It would be best to continue to allow for any comments on the revised plans. He will put together an
order of conditions.
Motion Continued to February 18, 2015 without objection
Vote N/A
9. Merson — 71 Baxter Road (49 -26.1) SE48 -2721
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative John Merson, owner — Recapped the project and existing conditions. Work will be done by Ernst Land
Design hopefully in May or July. The grass would be watered for a period of time once it is planted. It is
the same grass planted at the top of the bank and around his house and has shown to be drought tolerant.
Public None
Discussion (4:44) None
Staff This is similar to SE48 -2751 sans the fill for the bank. The plants are bare root and would be 8 to 12
inches apart. This could be conditioned if conditions on the ground have substantially change they can
come back in. Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge)
Vote Carried unanimously
10. *Hunter T.R — 47 & 47B Cliff Rd (29- 43,43.1) SE48- 2753
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Mark Rits, Site Design Engineering — The proposal is to relocate an existing dwelling, repair an existing
retaining wall, do landscaping /hardscaping, and put in a spa. Resource areas are to a coastal bank and
bordering vegetated wetlands. All work is outside the buffers.
Public None
Discussion (4:50) Steinauer — The spa needs to be conditioned with drainage outside the resource area.
Oktay — Asked where the equipment would be.
Rits — An area is designated for the equipment outside the buffer on the road.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge)
Vote Carried unanimously
Page 2 of 6
Minutes for February 4 2015 adopted Feb. 18 amended \far. 4
11. *Bewkes III
— 73 Squam Rd (13 -11) SE48-
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — Proposal is a residential redevelopment project.
Vote
Resource areas include an isolated vegetated wetlands and coastal bank; the western half of the property is
14. Heidi Stamas
outside ConCom jurisdiction and that is where any dewatering would occur. The silt fence along about at
Sitting
the 38 -foot line from the wetlands. Asked for a continuance.
Recused
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Public
None
Discussion (4:55) None
Staff Will draft a positive order.
Motion Continued for two weeks without objection.
Vote N/A
12. James B. Crecca Revocable Tr /O'Connor Trustee — 40 Pocomo Rd (14 -37) SE48 -NAN -118
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative David M. Haines, Haines Hydrogeologic Consulting — Proposal is to move on of a second dwelling into
the buffer zone for an isolated vegetated wetlands. Septic is outside the buffer zone. There is a low,
shallow ditch that will be crossed by the driveway. Reviewed a report issued by Laurentide in regards to
the shallow ditch; he submitted a revised plan at the table addressing the report so will ask for a
continuance to allow time for the public to review the revised plan. In response to the relocated flags, the
building has been moved and a walkway included. The applicant has begun clearing shrubs outside the 25-
foot buffer and that is shown on the plan; work was done by hand with no soil disturbance. He is slightly
inside the 25 -foot buffer in one spot; the silt fence will mark the 25 -foot buffer in that area. The road is
just outside the 25 -feet and the relief culvert is being installed just in case water gets high.
Public Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C., for Robert and Suzanne Wright at 29/33
Medouie Creek Road — They would like to know the groundwater separation in the 100 -foot buffer is and
what the final ridge of this new dwelling. It appears that the 10 -foot wide access road with a curve does
not allow sufficient radius for trucks/ emergency vehicles to make that turn.
Discussion (5:00) Erisman — A 12 -foot wide driveway seems excessive.
Staff
Haines — It is actually 10 feet wide. That will allow the building to be moved in; if the vehicle is outside
the limit of the driveway Toscana will put down mats.
This is under local jurisdiction only. Suggested finding out whether or not the driveway will be wide
enough and what the disturbance will actually be; that will allow the project to be conditioned to repair
back to 10 feet.
Motion Continued for two weeks without objection
N/A
Nantucket Land Bank & Conservation Foundation — Polpis Rd (46 -7,8,9 & 10) SE48-
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Vote
13.
Sitting
Recused
None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Asked that this be continued.
Public
None
Discussion
Steinauer — Asked why fire wasn't included as a management method.
Rachel Freeman, Nantucket Islands Land Bank — She wasn't involved in that; she will look into that.
Staff
None
Motion
Continued for two weeks without objection
Vote
N/A
14. Heidi Stamas
— 10A Crow's Nest Way (12 -44.6) NAN -117
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative
David M. Haines, Haines Hydrogeologic Consulting — The resource areas is an isolated wetland on an
abutting property.
Public
None
Discussion (5:12)
None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
Page 3 of 6
Minutes for February 4 2015 adopted Feb. 18 amended Mar. 4
15. Karen Butler — 84 Baxter Rd (49 -37) SE48-
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — Proposal is for renovation work on the existing structure. This is
located on the westerly side of Baxter Road with a bordering vegetated wetlands. All work is confined
within the existing footprint. Applied for Waivers under no reasonable alternative and work within the
buffer zones. They are willing to eliminate the shed; another option is reclaiming some of the back -lawn
area and providing mitigation to allow the shed.
Public None
Discussion (5:15) Oktay —The shed is not a critical component. Everything else is fine.
Discussion about what to do in regards to the shed.
Staff None
Motion Continued for two weeks without objection
Vote N/A
16. Hulbert Acquisition LLC — 43 Hulbert Ave (29 -17) SE48-
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Reconstruction of a single - family dwelling;
the entire site is within land subject to coastal storm flowage. There is a wooden bulkhead functioning as a
coastal bank. Expansion of the structure would be landward and results in a 21 square -foot increase.
Proposed work activities are not located within the 25 -foot buffer. Requested a waiver for no adverse
impact. Roof run off will be directed to downspouts into infiltration trenches. Feels the structure is in
keeping with the abutting properties. Will ask for a continuance.
Public Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP, for abutters on both sides — In light of the
fact that this is new construction, not clear why the 50 -foot setback shouldn't be maintained. The original
house is to be moved off or demolished. Feel the location of the structures east and west are not shown
correctly on the plan.
Discussion (5:24) Steinauer — Would like to keep it as far back as possible from the coastal bank. The elevated porch and
steps is pushing the structure forward.
Discussion about the possibility of moving the structure further away from the bulkhead.
Staff None
Motion Continued for two weeks without objection
Vote N/A
1. PUBLIC MEETING
A. Amended Orders of Conditions
1. Zarella — 129 Wauwinet Rd (12 -4) SE48 -2700
Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos, Nantucket Surveyors — The original was issued for renovation of the structure and elevate
structure to be in compliance with current flood code. This is for a tight -tank septic with work to be done
in accordance with the original order of conditions. Also plan to construct a shed at the back side of the
driveway housing mechanicals. Resource areas are a coastal dune, wetland, and barrier beach. The shed
will be built in an area that is already disturbed. Ask that the same waivers be carried forward for this
Amended Order. Work on the house has begun under the original order of conditions.
Discussion (533) Oktay — Noted the shed is new and the grandfather clause doesn't apply.
Steinauer — There is already a deck in the location proposed for the shed.
Oktay — A new waiver for no adverse impact /no reasonable alternative might be necessary for the shed.
Santos — He will rewrite the waiver for the shed and resubmitting with that.
Staff This does fall within the scope of an amended order and the waivers permit the work; reviewed those
waivers. The structure is pre -1978. The shed is going into a pre- disturbed area. Reviewed applicable
performance standards in regards to the septic and applicable waivers. The question is: with the existing
deck that's over what is essentially a concrete vault in the beach is that enough for something going on the
surface to be covered by that.
Motion Continued for two weeks without objection
Vote N/A
Page 4 of 6
Minutes for February 4 2015 adopted Feb. 18 amended Mar. 4
2. Kathy Gallaher — 2 Horn Beam Rd (21- 118.5) SE48 -2667
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Recused
None
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc. — The original order was for an addition and
septic upgrade. This is to replace an existing patio with a deck within the 50 -foot buffer to a bordering
vegetated wetlands.
Discussion (5:48)
None
Staff
None
Motion
Motion to Issue. (made by: Bennett) (seconded by: Erisman)
Vote
Carried unanimously
A. Certificates of Compliance
1. 13 Monomoy, LLC — 7 Hinckley Lane (30- 170.1) NAN -107
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Staff
The wetland in question is the small constructed wetlands for the Cliff Road Bike Path. This was for the
driveway. It is in compliance. No ongoing conditions
Discussion (5:50)
None
Motion
Motion to Issue. (made by: Bennett) (seconded by: Lafarge)
Vote
Carried unanimously
2. Houghton —
15 N. Liberty St (42.4.3 -47) SE48 -2398 (Partial)
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Staff
This parcel is up for sale and the Certificat of Compliance was never issued for the structure at 15 North
Liberty Street.
Discussion (5:52)
None
Motion
Motion to Issue. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
B. Orders of Condition (5:53)
1. Town & County of Nantucket — Baxter Rd btw 87 & 106 Baxter Rd (Sub - surface Drainage System) SE48 -2733
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Staff
Reviewed the conditions specific to the request attached to the order, some are unique to this project.
Needs to clarify that clay layer to be strong enough to not cause damage to ground water flow and levels
before anything gets installed.
Specific inspections are applied to ensure the wetlands are remaining healthy.
Report with photos to be filed at begin & end of growing season around the wetlands and condition of
top of coastal bank.
Adverse impact to the wetlands will be cause for the applicant to appear before the Commission to
discuss mitigation and /or shutting down the project.
Discussion
Steinauer — For the vegetation fix point, it would be better to have two rather than one in the wetland.
Oktay — This doesn't go far enough in monitoring the wetlands.
Motion
Motion to Issue as amended. (made by: Bennett) (seconded by: Oktay)
Vote
Carried 4- 2 /Oktay and Erisman opposed
2. Hunter T.R —
47 & 47B Cliff Rd (29- 43,43.1) SE48- 2753
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Staff
No waivers. The only condition is for the pool.
Discussion
None
Motion
Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
3. Heidi Stamas
— 10A Crow's Nest Way (12 -44.6) NAN -117
Sitting
Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur
Staff
No extra conditions.
Discussion
None
Motion
Motion to Issue as drafted. (made by: Oktay) (seconded by: Lafarge)
Vote
Carried unanimously
Page 5 of 6
Minutes for February 4 2015, adopted Feb. 18 amended Mar. 4
C. Other Business (6:07)
1. Monitoring Reports
a. None. Discussion about some of the damage experienced in winter storm Juno.
2. Approval of Minutes
a. Minutes adopted by unanimously consent.
3. Reports:
a. CPC, Lafarge
b. NP &EDC, Bennett
c. Mosquito Control Committee, Oktay
4. Commissioners Comment
a. Bennett — Have noted a lot of dead seabirds after the storm.
b. Discussion about erosion and breaches resulting from the storm.
5. Administrator /Staff Reports
a. There will be a lot of applications coming in for repairs from the storm; the state does issue an emergency waiver
for damage to infrastructure; those have to be submitted within 30 days of the event. Noted the storm surge was
3 inches away from that of "No Name" storm.
b. This commission needs to review procedures in regards to monitoring reports and what the board is looking for.
If regulations need to be changed, a public hearing will need to be scheduled.
c. Town Counsel contacted the office in regards to discussions between ConCom and the Board of Selectmen
about a resolution to the appeals of decisions against the 'Sconset Beach Preservation Fund (SBPF). His
preference is to keep as much as possible in open session; if the commissioners prefer, will schedule another
executive session.
'Sconset Beach Preservation Fund Discussion: Steinauer — Would like to see the BOS issue a moratorium on new
geo -tube or revetment or gabion coastal engineering structures on Town property; the exception might be
something like Helmut Weymar's coir structure. Suggested if that if SBPF stays, the top tube should come off and
be replaced by coir. Bennett — He would like to know what the Board of Selectmen thoughts are before a deeper
discussion takes place. Erisman — The monitoring information that comes from this needs to be tangible; the
present monitoring components wouldn't hold up anywhere; we need much more information. Oktay —There
would need to be many more transects from the top to the bottom of the bluff to monitor the sand. Also need to
know what is happening to the cobble off shore; the easiest way is with a side -scan sonar. Lafarge — Asked if the
NOI is still open on the rock revetment (Yes) That should be eliminated. Discussion about other types of systems
that would be acceptable on that bank. Oktay — SBPF is a pilot project. There is nothing written in to evaluate
what's happening north and south of the project; there are ways to monitor that. Steinauer — He wanted to see if
there had been end scour; by the time he got out there, the viewing site had been totally filled with sand where it
had been dumped over the edge. Oktay — We don't have anything that shows how to evaluate what's happening
ocean side. Oktay — After the storm, the geo -tubes were exposed. Asked if those have been covered yet. Carlson
— They have started that work. Lafarge — Where the big tubes overlap, there are smaller logs have been put in.
The tube material should be marked in the event it goes missing; that way it is definitive where it came from.
Oktay — That material is pretty unique to the island. One of the fail criteria was that the high tide repeatedly hit
the bottom log. The only places that qualify for this are pre -1978 homes; only 2 lots along this project actually
qualify. Carlson — As soon as he can, he will schedule an executive session to get a recap on this.
Motion to Adjourn: 6:38 p.m.
Submitted by:
Terry L. Norton
Page 6 of 6