Loading...
HomeMy WebLinkAbout2015-4-1Minutes for April 1 2015 adopted Apr. 15 CONSERVATION COMMISSION CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 - ww-w-.nantucket -ma gov Wednesday, April 1, 2015 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice - chair), Andrew Bennett, Michael Glowacki, Ashley Erisman, David LaFleur, Ben Champoux Called to order at 4:01 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Absent Members: None Late Arrivals: LaFleur 4:07 p.m. Earlier Departure: None Agenda adopted by unanimous consent I. PUBLIC MEETING A. Public Comment — None II. PUBLIC HEARING A. Notice of Intent 1. SBPF — Baxter Road Area (Multiple) SE48 -2581 (Revetment project) (Cont 04/15/15) 2. Squam Partners LLC — 89 Squam Rd (13 -3) SE48 -2719 (Cont 04/15/15) 3. Duke 57, LLC — 55 Duke Rd Lot 16 (56- 185.1) SE48 -2730 (Cont 04/15/15) 4. APG/ DRS Realty Trust — 80 & 84 Wauwinet Rd (11 -89.2, 28) SE48 -2749 (Cont 04/15/15) 5. Nantucket Land Bank & Nantucket Conservation Foundation — Polpis Road (46 -7,8,9 & 10) SE48 -2762 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed additional information that has been provided upon request of the board. There will be some temporary disturbance to inland banks for the culvert improvements. Public None Discussion (4:02) Staff Have everything needed to close. Motion to Close. (made by: Glowacki) (seconded by: Bennett) Carried unanimously Nantucket Harbor Side Condominiums — 80 Washington Street (42.2.3 -20) SE48 -2769 Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur None Motion Vote 6. Sitting Recused Documentation Representative Public None Supporting documents and plans. Leo Asadoorian, Blackwell and Associates Inc. — Materials for the bulkhead to be vinyl sheet pile because of the submersion issue. For access to the site, clean sand fill will be brought in to create a platform for the excavator; this fill can either be left in place to wash out or be removed. The Town has a contract with Kayak Rental through the 3,d week in October; the excavating contractor is in discussion with Kayak Rental about the business moving to the other side of the beach. If it is alright with the ConCom, he will make a formal request to the Town for use of the Town -owned beach. An enforcement order for clean- up is forth coming. Sheet piles will be vibrated in. asked continuance None Discussion (4:07) Steinauer — Wants to ensure the proper sand is used for the fill. Oktay — Asked about smothering eel grass. Also this will have to meet standards for land under the ocean. Staff The board can condition the sand. There is no issue about smothering eel grass in that location. Land containing shell fish is a potential habitat. Motion Continued to April 15 without objection Vote N/A Page 1 of 6 Minutes for April 1, 2015, adopted Apr. 15 7. The Town of Nantucket- 2A Easton Street (42 -7) SE48 -2777 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Tara Riley, Natural Resources — Brant Point shellfish propagation building modification and renovation. The purpose is to increase space and provide climate control. Public None Discussion (4:17) Steinauer — Asked about the ground disturbance. Asked if this is Federal property leased to the Town. Oktay — Asked if there is a federal exemption in place here. Staff The resource areas are Coastal beach, coastal dune, barrier beach, and land subject to coastal storm flowage. Materials will be stored internal to the structure; nothing will be left on the beach. The building is owned by the Town and the land is leased from the USCG; part of the lease is that the building is used for shellfish. Because the building belongs to the Town there is no Federal exemption. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 8. Nantucket Islands Land Bank- 21 Sesachacha Road (21 -16) SE48 -2775 Sitting Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Recused Steinauer Documentation Supporting documents and plans. Representative Rachael Freeman, Nantucket Islands Land Bank — Proposal to maintain an existing path through a coastal bank to Sesachacha Pond. Also, the plan is to smooth the ground to mitigate an erosion problem of water running from the road and maintain the berm. Proposing to remove about 100 to 200 square feet of invasive species across the road are to be treated with a Triclopyr in the spring and follow with Glyphosate in the fall. Will remove dead material in the spring. Asked for a continuance. Public Ernie Steinauer, Mass Audubon — Spoke in support of the project to maintain the path and control erosion. Asked for a condition for use of Rodeo; also suggested that a higher concentration of herbicide is better the case of painting. Discussion (4:25) Champoux — Asked if there is a plan to fill in the trough. Freeman — The bank is well vegetated. Not putting in stairs due to creating too much disturbance. Champoux — Concurred that when painting an herbicide onto a plan the higher concentration is better. Staff Need to hear from Massachusetts Natural Heritage. Motion Continued to April 15 without objection Vote N/A 9. 117 Madaket Rd N.T — 117 Madaket Road (40- 60.3,56) SE48 -2776 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — This is for construction of a studio between the primary dwelling and the cottage. The property fronts on Madaket Road and overlooks Maxie Pond. The studio falls outside the 50 -foot buffer. The application sets the defined area of clearing and erosion control. There will be a small retaining wall on the front side of the studio but not on the wetland side; it will naturally slope there. The studio has a sink that will be tied to the existing septic. Asked for a continuance. Public None Discussion (4:36) Bennett — Asked if there is any irrigation out there. Santos — Stated that he is not aware of any irrigation. Staff None Motion Continued to April 15 without objection Vote N/A 10. Joseph V.Arno — 27 Easy Street (42.4.2 -18) SE48 -2772 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Bob Emack — Request to remove the structure located within land subject to coastal storm flowage and a coastal bank (the bulkhead). Silt fence and snow fence will define limit of work and contain debris. Concrete pads in the back and an old foundation wall are on the property. Will restore the grade and seed as lawn. Public None Discussion (4:41) None Staff Part of the new lawn area is within the 25 -foot setback and a waiver has been requested for that work. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Page 2 of 6 Minutes for April 1 2015 adopted Apr. 15 11. Four Saratoga, LLC — 14 Tennessee Avenue (60.1.2 -6) SE48 -2773 (Cont 04/15/15) 12. The Great Harbor Yacht Club — 96 Washington Street Ext (55.1.4 -08) SE48 -2774 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Leo Asadoorian, Blackwell and Associates Inc. — Propose to install 4 helical anchors for seasonal floating piers. Currently have a Chapter 91 application and a permit. Army Corps of Engineer permits will have to be amended for the seasonal floats. These are strictly storage for the 420 International sailboats; no motor boats will be tying up to these. Carolyn Grant, Waterfront Director GHYC Public Cormac Collier, Executive Director Nantucket Land Council — Reviewed the history of shellfish surveys under the original permit. At the time of the original issue, the east piers were removed because of the eel grass. He would like to see more studies on the impact to shellfish and eel grass and minimal use of floating piers. Also part of the Order of Conditions was a mitigation program that relied on additional helix moorings which was put on hold by the harbor master and now they are asking for additional use. Discussion (4:45) Bennett — Asked if the floats are partially submerged. Asadoorian — Yes with about 6 inches sticking up. Oktay —The original Order of Conditions does not allow bottom draft drag. Grant — The boats will stored on the docks so that centerboards will not drag on the bottom. Oktay — Asked about the other float sections in place. Had asked for a shellfish survey previously; would like to see another one. Asadoorian — Looked at the previous shellfish surveys. These are located in water that is 5 to 6 feet deep. Champoux — Asked if there is a type of float that allows light through to allow eel grass to grow. Asadoorian — He can look into that. Staff They are in Massachusetts Natural Heritage shellfish habitat and are waiting on their ruling. There might be additional ways to monitor the impact on shellfish. Motion Continued to April 15 without objection Vote N/A III. PUBLIC MEETING A. Request for Determination of Applicability 1. Wright — 40 Pocomo Road & 29/33 Medouie Creek Road (20 -30 &14- 35/36) Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. — Asking the commission to evaluate, correct and confirm the wetland resource areas. The Wrights contest the plan submitted by the owners of 40 Pocomo Road was deficient and contend the land is subject to both state and local jurisdiction. The wetland spanning the road has all the indices of being a vernal pool. The Wrights also ask the board to rescind the local order NAN -118. The extension of the wetland into the Way creates a pinch point that can't be traversed without trespassing on the Wright's property. Adds the septic shown on their plan is deficient and the Health Department has rescinded that permit. Arthur D. Gasbarro, Blackwell and Associates Inc. Brian Butler, Oxbow Associates — Reviewed his findings that are noted in his narrative submitted into the file. Reviewed the type of plants and soil found that are indicative of the wetlands. Explained his findings which support the existence of a vernal pool. Public Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP, for Nantucket Conservation Foundation David M. Haines, Haines Hydrogeologic Consulting, for 40 Pocomo Road Steven Cohen, Cohen & Cohen Law PC, for 40 Pocomo Road Michael O'Connor, Guardian of the Special Needs Trust 40 Pocomo Road aka James B. Crecca Revocable Trust Discussion (5:05) Glowacki — Asked staff if Oxbow submitted the DEP data forms on the plants. Butler — In this situation, the DEP manual mandates the radius to be used from center for different plants; we are talking about an area that's been disturbed. They submitted soil logs and he can provide that but the site has been altered within the resource area. Pointed out that plants can be subject to expert interpretations; they relied on the soil. Oktay — Mr. Haines brought up the disturbed soil in the original discussion and Mr. Butler is verifying that fill was not brought in. Butler — It has probably been disturbed through farming but there is a thin layer horizon from the glacial period. There isn't much mottling and with the granite base the water is flowing through there. The ConCom definition of swamp provides the plant community and references the soil saturation depth. Oktay — It was brought up that the isolated land subject to flooding should be under the state act. Asked staff what separates isolated vegetated wetlands and isolated land subject to flooding. Page 3 of 6 Minutes for April 1 2015 adopted Apr. 15 Staff — The characteristics include the presence of wetland vegetation and the development of hydric soils and meeting the definition for vegetated wetland. Butler — Explained how he would determine whether the area is isolated vegetated wetlands or isolated land subject to flooding . Stated he doesn't think that has been accomplished yet. Reade — This is not an abutters way; it is a corridor of land that belongs to the Foundation and to three others. In the NOI that was filed, he doesn't believe that the owners were included as additional owners. The Foundation is very concerned and agree with what the Wrights have presented. Discussion about whether or not Nantucket Conservation Foundation should be listed as a co- owner. Erisman — Asked who cleared the way. Dale — All of the clearing was done by the owner of 40 Pocomo Road. Haines — In terms of the isolated vegetated wetland and bordering vegetated wetlands, there is a stream; however, in a 36 Pocomo Road shows two isolated vegetated wetland. He raises doubt at using soil as the sole evidence of wetlands; the vegetation is dominated by various non - wetland plants and cedar. He provided a wetland data form for that. Under the bylaws, you need soil, hydrology and plants to qualify- as a wetland. In regards to isolated land subject to flooding, when he went out there it was dry but looking at it today it is definitely subject to flooding, which puts it under state jurisdiction; however the limits of the pool do not extend outside the resource area. In terms of the vernal pool, there was long discussion in the NOI discussion; Massachusetts Natural Heritage did not show it as a potential or certified vernal pool. Reiterated that last April it was dry. They agreed under the Order of Conditions to determine whether or not it is a vernal pool and the extent. Oktay — Under ConCom bylaw the protections for a vernal pool are 25 feet greater. Staff — Reminded the discussion to stay to the subject of this RDA. Glowacki — Looking at the web site and what ConCom requires, we did receive that information on the soils but not on the plants. He does not think the requirement for that form should be dismissed. Discussion about how much area was brush cut. Dale — Whether or not it is a bordering vegetated wetlands; there is a question about whether or not the stream connects. Irrespective of it being a bordering vegetated wetlands or isolated vegetated wetland, it is isolated land subject to flooding and requires both state and local approval. Want to see the boundary- of that land subject to flooding. We say this is a wetland and Mr. Haines says it isn't; asked the commission to have a third party look at it. The commission has the authority to go onto the 40- Pocomo property to determine whether or not that is a wetland. Discussion about having a third -party ruling on the wetland due to the conflicting data the commission being submitted. Cohen —The soils exist in a berm and are suggestive of fill so those soils are questionable in their reliability. The plants are a mix of plants. He questions the idea of the standing water when the whole island has standing water. Oktay — We looked at the soil, which were deficient and looked at the cores where they are taken; to her they look hydric. The berms could have been created from dredging, that doesn't negate the existence of hydric soils. Cohen — Feels the applicant has not submitted sufficient evidence for the wetlands and vernal pool. Steinauer — Asked how often it has to flood to be subject to flooding. Staff — Read how the ConCom regulations which define isolated land subject to flooding. Oktay — To establish whether or not it is land subject to flooding, we would need 15 years of data. Glowacld — Asked options available to the commission in ruling on this RDA. He feels he hasn't seen sufficient information to confirm it; he is ready to make a ruling. Oktay — They are willing to provide that information and feels they should be given the chance. Steinauer — Would like Laurentide go out and study the soil. O'Connor — Asked that a decision be made as quick as possible so that the house can be moved onto 40 Pocomo Road. Said this is the first year he has seen water in this location in a number of years. Discussion about allowing work to continue on elements outside this RDA. Staff The Oxbow report includes the soil profile. Reiterated what this RDA is for and asked the discussion to stay within those parameters. If it is the will of the commission to contract someone to do the study, he will go through the procurement process. Noted that Laurentide Environmental, LLC is under contract and did the original study and provided comments on the line that is in question. Believes a third -party review would provide yet another set of data. Options for ruling are: Positive 2A to confirm or Positive 213 not to confirm. Motion Continued to April 15 without objection Vote N/A Page 4 of 6 Minutes for April 1 2015 adopted Apr. 15 B. Minor Modifications 1. Sunset House LLC — 15 Hallowell Lane (30 -10) SE48 -2508 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — The modification is for the reduction of the size of secondary structure. Public None Discussion (6:10) None Staff Recommend approval as a minor modification. Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously C. Orders of Condition 1. SBPF — Baxter Road Area (Multiple) SE48 -2581 (Revetment project) (Cont 04/15/15) 2. Squam Partners LLC — 89 Squam Road (13 -3) SE48 -2719 (Cont 04/15/15) 3. Duke 57, LLC — 55 Duke Road Lot 16 (56- 185.1) SE48 -2730 (Cont 04/15/15) 4. APG/ DRS Realty Trust — 80 & 84 Wauwinet Road (11 -89.2, 28) SE48 -2749 (Cont 04/15/15) 5. Nantucket Land Bank & Nantucket Conservation Foundation — Polpis Road (46 -7,8,9 & 10) SE48 -2762 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur Staff Addresses monitoring. Will add Condition 22 about invasive species. Will also add typical herbicide condition and removal of debris. Discussion (6:14) Oktay — Needs to include invasive species removal protocols. Motion Motion to Issue as amended. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 6. Nantucket Pond Coalition — Hummock Pond (81 -86) SE48 -2770 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur Staff This is for harvesting. Condition 19 is for a written record of animals picked up by the harvester and returned to water and a monitoring report. Condition 21 requires pressure washing of harvester before it comes to the island and harvester is to be inspected by environmental police; it also covers cleaning the harvester after use so as not to spread invasive species to other areas. Discussion (6:14) None Motion Motion to Issue. (made by: Glowacki) (seconded by: LaFleur) Vote Carried unanimously 7. Nantucket Pond Coalition — Long Pond (59 -59.3) SE48 -2771 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur Staff This was for spraying of Phragmites. Condition 23 is a base monitoring report with photos. Condition 24 asks for a vegetation survey 100 yards in each direction to determine drift of herbicide. Condition 25 requires a test prior to work; will add three post spraying test times. Condition 26 is all reports to be issued annually for three years. Condition 27 talks about not spraying in winds greater than 5 miles per hour. Discussion (6:20) Oktay — Thinks there should be more than one post- treatment test to help evaluate how long the herbicide sticks around. Would like to see testing one day, one week and one month after. Formaldehyde is a break down element. Steinauer — On the vegetation sampling, we should have permanently marked plots including before and after treatment in both within and outside the control area. They are planning multiple years of treatment with sampling annually. It would be interesting to know about the effect on marine vegetation. Oktay — Foliar spraying under Condition 20 is only for this project. Steinauer — The concentration should 2% for foliar spray; 25% is usually for clip and drip. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: LaFleur) Vote Carried 5- 1 /Oktay opposed 8. Nantucket Harbor side Condominiums — 80 Washington Street (42.2.3 -20) SE48 -2769 (Cont 04/15/15) 9. The Town of Nantucket- 2A Easton Street (42 -7) SE48 -2777 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Staff Couldn't think of any additional conditions; this is very basic Discussion (6:29) None Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 10. Nantucket Islands Land Bank- 21 Sesachacha Road (21 -16) SE48 -2775 (Cont 04/15/15) 11.117 Madaket Rd N.T —117 Madaket Road (40- 60.3,56) SE48 -2776 (Cont 04/15/15) Page 5 of 6 Minutes for April 1 2015 adopted Apr. 15 12.Joseph `'.Arno — 27 Easy Street (42.4.2 -18) SE48 -2772 Sitting Steinauer, Oktay, Bennett, Glowacki, Erisman, LaFleur, Champoux Staff No conditions aside from photos of the grass and soil Discussion (6:30) Oktay — Should not use fertilizer Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Oktay) Vote Carried unanimously 13. Four Saratoga, LLC — 14 Tennessee Avenue (60.1.2 -6) SE48 -2773 (Cont 04/15/15) 14. The Great Harbor Yacht Club — 96 Washington Street Ext (55.1.4 -08) SE48 -2774 (Cont 04/15/15) D. Extension of Orders of Condition 1. None E. Other Business 1. Approval of Minutes: Approved by unanimous consent. 2. Conservation Restrictions: Rachael Freeman, Nantucket Islands Land Bank — The ConCom is to hold the Conservation Restrictions for land in Miacomet which pertains to the Smooth Hummocks area. This is coming up now because there were issues; it is the first Conservation Restriction of the Nantucket Islands Land Bank, who can't hold Conservation Restrictions. Motion for the Conservation Commission to hold this conservation restriction. (made by: Glowacki) (seconded by: Oktay) Carried unanimously 3. Reports: a. CPC, Erisman — Nothing to report. b. NP &EDC, Bennett — Massachusetts Natural Heritage has slowed down the railroad bike path project. Flexi -Pave has been proposed for the surface; it is permeable. c. Mosquito Control Committee, Oktay — Delay on contractor for guidance on how to handle the monetary end. 4. Commissioners Comment 5. Administrator/ Staff Reports a. The sheet piles being installed at the end of Hummock Pond Road are located outside the 100 -foot buffer. He went to the site and measured the distance from the buffer zone. b. As part of the water quality initiative, his office has been asked to look at fertilizing septic systems, crab, and mooring and shellfish regulations. Also, there are a few unpermitted discharges into the harbor; he drafted a letter to be sent to owners encouraging them to come in to Natural Resources Department to figure out a way to rectify the situation or face enforcement. The commissioners endorse the letter and approved it being sent out under fir. Carlson's name. F. Discussion: 'Sconset Beach Preservation Fund Discussion about whether or not to go into Executive Session. Steinauer — Expressed his frustration with the applicant's apparent lack of desire to cooperate with the result of nothing being accomplished. He is ready to go to court. Bennett — There are four points: flexibility on not submitting an application for a number of years on a two -, thee- year project; the applicant wants to stick with the fourth tier bag with an extension on the southern end and finish the returns; still want to do a drainage pipe and have indicated they might not go forward with the deep wells; the mitigation sand in the 3,a bag would not make it into the system with the fourth bag. Steinauer — The applicant has stated openly that the revetment project is not going away. There is very little incentive for them to hold off on the application. Discussion about the three bags versus the four bags which takes the sacrificial sand component out of the equation. Consensus of the board is that there has been very little progress. Staff — Will schedule an executive session with Town Counsel discuss options. Adjourned: 6:59 p.m. Submitted by: Terry L. Norton Page 6 of 6