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Home My WebLink About2015-5-13Minutes for flay 13 2015 adopted May 27 CONSERVATION COMMISSION CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Wednesday, May 13, 2015 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Andrew Bennett, Michael Glowacki, Ashlev Erisman, David LaFleur, Ben Champoux Called to order at 4:13 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Oktay, Bennett, Erisman, Champoux Absent' embers: Glowacki, LaFleur Late Arrivals: None Earlier Departure: None Town Counsel: George Pucci, Kopelman & Page P.C. Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment — None 11. PUBLIC HEARING A. Notice of Intent 1. SBPF — Baxter Road Area (Multiple) SE48 -2581 (Revetment project) (Cont 05/27/2015) 2. Duke 57, LLC — 55 Duke Road Lot 16 (56- 185.1) SE48 -2730 (Cont 05/27/2015) 3. APG/ DRS Realty Trust — 80 & 84 Wauwinet Road (11 -89.2, 28) SE48 -2749 (Cont 05/27/2015) 4. Four Saratoga, LLC — 14 Tennessee Avenue (60.1.2 -6) SE48 -2773 (Cont 05/27/2015) 5. Polpis Harbor, LLC — 250 Polpis Road (26 -27) SE48 -2779 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — This was continued for outstanding concerns by the commission and Bruce Perry, most especially unpermitted cutting under the previous owner. He has submitted a revised plan detailing what has been done. They have removed the waiver for the tennis court fence in lieu of a privet hedge inside the 50 -foot buffer. Indicated where infiltration systems will be and location of the pipes draining into the wetlands. Showing the areas inside the 25 -foot buffer that were cut and will be replanted with mixed species notated in their letter. Area A is west of the house extending into the bordering vegetated wetlands and 25 -foot buffer will also be replanted. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. Public Bruce Perry, Conservation Commission Consultant Discussion (4:14) Erisman — Asked about the material to be used in the driveway. Rits — Pervious shell or gravel. The existing drive is shifting east out of the 25 -foot buffer. Oktay — Asked about the existing to new septic field, verifying what that is going to. Rits — They will all be redirected. One is from a sump pump and one is from the downspouts. They will be redirected into the infiltration system. They are now requesting only 2 waivers: to perform the revegetation work in the bordering vegetated wetlands and the 25 -foot buffer and to replace the pier foundation for the grand - fathered structure. Erisman — Asked if there will be any new replanting or delineation of the 25 -foot line. Cutting is right up to the line and it looks like work will push into that boundary. Rits — They will demarcate everything during work with a silt fence. If the commission wishes, they will place protruding wooden posts at regular intervals around the 25 -foot buffer. Erisman — Also wants to ensure that any degradation that might happen on the 25 -foot buffer will be replanted. Staff — A permanent marker that can be conditioned in the Order of Conditions to protect the buffer zone. Have used boulders, granite pillars, and wooden posts. Champoux — Stated he would like that included in the Order of Conditions. Rits — Brian Madden spoke with Bruce Perry about the delineation issues. Champoux — Asked if Mr. Perry is comfortable with the reestablished lines. Perry — Stated that he is comfortable with the delineation of lines as indicated on the plans. He has submitted an amended inspection report for the file. Page 1of4 Minutes for Mav 13, 2015, adopted May 27 Bennett — He is concerned about structure obstructing the view of Polpis Harbor. He would like to see the Historic District Commission application plans. Rits — He will get those plans for the commission. Oktay — Asked if the applicant can take photos of the view shed from the Polpis Road Bike Path. Rits — Reviewed the topography and how the view shed should not be affected. The only impact might be the new house. Erisman — Asked if all trees on the property are being removed all the way to the 25. Rits — Most of the vegetation is shrubs. There is one big tree that he believes will remain. Asked for a contumance. Staff Reminded the commission to stick to the Performance Standard and the wetland scenic view is very hard to tie to the standards. Motion Continued to May 27 without objection. Vote N/A 6. Nantucket Land Bank —158 Orange Street (55 -61.1) SE48- (Cont 5/27/2015) 7. * Squam Partners LLC — 89 Squam Road (13 -3) SE48 -2785 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Discussion (429) None Staff Missed this in the list at the beginning but it has been requested this be continued. Motion Continued to May 27 without objection. Vote N/A 8. *9 North Road LLC — 9 North Road (43- 131.1) SE48 -2786 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — The original order was for a single - family residential development part of a larger subdivided lot all within Massachusetts Natural Heritage habitat. This property is under new ownership and the applicant has requested the Massachusetts Natural Heritage reconfigure the building envelope to take advantage of the topography. They will be asking for a partial certification on the original order. The resource areas are an off -site bordering vegetated wetlands and Policy 91.2.1 coastal bank. The property lies between the 50- and 100 -foot buffers. Work within the 100 -foot buffer will be retaining walks, grading, and a pervious patio and a corner of the garage all within the 100 -foot buffer. There is no work in the 50 -foot buffer and no waivers are requested. There is a small section of FElL1 flood zone within the MNH do- not - disturb area; no work is proposed there. Septic is well outside the 100 -foot buffer. Public None Discussion (4:30) Erisman — Asked if they will be adding fill. Rits — Explained the grading plan. Fill material will be from the on -site. lost of the grading is outside ConCom jurisdiction. Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 9. *Michael Ryan 16 East Lincoln Avenue (42.4.1 -45) SE48 - Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (4:35) None Staff This is to raise a dwelling straight and add steps to be flood -zone compliant. There is no grading. Waiting for the DEP file number. Motion Continued to May 27 without objection. Vote N/A B. Amended Orders of Conditions 1. Town of Nantucket /SBPF — 85 -105 Baxter Road *Thompson- 14 Fargo Way (14 -17) SE48 -2645 (Cont 5/27/2015) 111. PUBLIC MEETING A. Request for Determination of Applicability 1. Wright- 40 Pocomo Road & Medouie Creek Road (14,19- 37,01) (Cont 5/27/2015) Page 2 of 4 Minutes for May 13 2015 adopted -flay 27 B. Minor Modifications 1. Hulbert Ave Acquistion LLC- 43 Hulbert Avenue (29 -17) SE48 -2755 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (4:37) None Staff As a result of the HDC review, the dwelling is being reduced in size and one porch eliminated thus reducing its area inside the 50 -foot buffer. Recommends this be approved as a minor modification. -lotion Motion to Approve. (made by: Oktay) (seconded by: Champoux) Vote Carried unanimously 2. Butler — 84 Baxter Road (49 -37) SE48 -2756 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — The minor modification is to incorporate the landscaping plan into the NOI. There is a bordering vegetated wetland along west and north property lines. The proposal includes removal of lawn area within the 25 -foot buffer and are also asking permission to remove a Russian Olive between the lawn and wetland. It would be removed by hand. Public None Discussion (4:38) Oktay — Asked if the applicant is asking to use fertilizers. Santos — No; just to replant part of the 25 -foot zone. Champoux — Asked the size of the Russian Olive. Santos — About 4 inches. Champoux — That will require use of machinery, probably pulling out with a cable from a distance. Staff Recommends this be approved as a minor modification. Motion Motion to Approved. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously C. Certificates of Compliance (4:42) 1. Nantucket Land Bank- 72 Washington Street (42.2.3 -17) SE48 -2741 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff This was to remove the dwelling and plant beach grass. There is the ongoing condition of a monitor report. Discussion None Motion Motion to Issue with the on -going condition. (made by: Champoux) (seconded by: Oktay) Vote Carried unanimously 2. Walsh- 22 Massasoit Bridge Road (58 -2) SE48 -964 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff Was for construction of the building bisected by the 100 -foot buffer. Recommend issue with no on -going conditions. Discussion None Motion Motion to Issue. (made by: Oktay) (seconded by: Champoux) Vote Carried unanimously 3. 105 Eel Point Road Trust- 105 Eel Point Road (32 -5) SE48 -2546 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff This was to move the structure away from an eroding coastal bank. This was moved to outside the 100 - foot buffer. The only condition was to report the amount of nourishment used and plantings in the vacated location. Recommends issue with on -going monitoring. Discussion None Motion Motion to Issue with on -going conditions. (made by: Oktay) (seconded by: Erisman) Vote Carried unanimously 4. Welsh- 101 Eel Point Road (32- 7) SE48 -2572 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff This was also a house move outside the bank. The on -going condition requirement is for photo monitoring of the beach grass in the vacated location. Recommends issue with on -going monitoring. Discussion None Motion Motion to Issue with no -going conditions. (made by: Champoux) (seconded by: Oktay) Vote Carried unanimously Page 3 of 4 Minutes for Mav 13, 2015, adopted Mav 27 5. Jennings- 341 Madaket Road (60.2.4 -64.2) SE48 -1755 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff This order was for abandonment an existing well and installation a new well and construction of a pervious driveway. No on -going conditions and it is done in compliance. Recommend issue. Discussion None Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 6. Mitchell- 11 Medouie Creek Road (20 -30 & 37) SE48 -1812 (Reissue) Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff The original certificate was misplaced. This is a reissue. It is in compliance. Discussion None Motion Motion to Reissue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously D. Orders of Condition 1. 9 North Road LLC — 9 North Road (43- 131.1) SE48 -2786 Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff Did not add any conditions as this is a very straight - forward proposal. Discussion (4:49) None Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Champoux) Vote Carried unanimously 2. Michael Ryan — 16 East Lincoln Avenue (42.4.1 -45) SE48 - Sitting Steinauer, Oktay, Bennett, Erisman, Champoux Staff As this is straight forward and only continued for the DEP number, he will draft a positive order. Discussion Commissioners agree with a positive order. Motion None Vote N/A E. Enforcement Actions — None F. Other Business 1. Approval of Minutes: April 29, 2015 — Motion to Approve as amended. (made by: Champoux) (seconded by: Bennett) Carried unanimously 2. Reports: a. CPC, Erisman — nothing to report. b. NP &EDC, Bennett — nothing to report. c. Mosquito Control Committee, Oktay — nothing to report. 3. Commissioners Comment: a. Oktay — As a future agenda item, suggested the board reconsider the ConCom application fees to be raised to meet the amount of work staff is doing in regards to the increase in monitoring reports. b. Oktay — The Worcester Polytechnical Institute has listed all the erosion control projects on the island. Suggested the commissioners should visit those sites to ensure those are in compliance. c. Steinauer — Out in Quidnet, there are a couple of sets of steps north of the access road. He does not remember permitting those. Staff — Will look into it. d. Steinauer — The Pumpkin Pond Replication looks good this year. e. Oktay — An issue near the Galley Restaurant on a recently completed project seems to cut into the dunes. Staff — He has looked into it and it is in compliance. 4. Administrator /Staff Reports: a. Environmental presentations are scheduled for May 14, 2015 at 4 Fairgrounds Road Conference Room: 10:00 a.m. the 2014 Town -wide Water Quality Report. 6 -7 p.m. UMass Boston Field Station Bathymetric Profile of the Ocean. G. Executive Session 1. Exemption 3: To Discuss Strategy with Respect to Potential Litigation Concerning the Appeal of Order of Conditions SE48 - 2610 issued to the Sconset Beach Preservation Fund and the Town of Nantucket, where an Open Meeting May have a Detrimental Effect on the Litigation Position of the Conservation Commission. Motion to go into Executive Session under Exemption 3. (made by: Oktay) (seconded by: Champoux) Voice vote: Erisman — aye; Oktay — aye; Steinauer — aye; Champoux — aye; Bennett — aye. Entered Executive Session at 5:05 p.m. Exited Executive Session at 6:29 p.m. Motion to Adjourn: 6:30 p.m. Submitted by: Terry L. Norton Page 4 of 4