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HomeMy WebLinkAbout2015-8-5Minutes for August 5 2015 adopted Aug. 19 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, August 5, 2015 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice Chair), Ashley Erisman, David LaFleur, Ben Champoux, Ian Golding, Joe Topham Called to order at 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Bennett, Erisman, Champoux, Golding Absent Members: LaFleur, Topham Late Arrivals: Golding 4:01 p.m. Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment 1. Eel Grass die -off in Nantucket Harbor: Steve Bender — He is here on recommendation of Carolyn DeMoranville, PhD., Station Director/ Cranberry Plant Nutrition Cranberry Experimental Station. In 2000 Nantucket Harbor had very little eel grass; that year coincides with the death of the local cranberry industry, which used a lot of herbicides, pesticides, and fungicides. About one -third of the bogs continued to run organically. By 2006 the eel grass was coming back in the harbor. About 2008/2009, the last 2/3 of the cranberry bogs were brought back on line; there is no longer eel grass in Nantucket Harbor. This Spring and now there is no eel grass in the whole harbor but plenty of slime. His observation indicates that the eel grass population is heavily affected by the amount of herbicide going into the harbor, and he believes the major source of that is the cranberry bogs. He respectfully requests the ConCom to look into this supposition. -ls DeMoranville is willing to add her expertise. Staff — ConCom has the authority to manage open space and the harbor is open space; it is within this boards purview to monitor runoff into the harbor. It is believed that the bogs directly off Milestone Road drain to Tom Nevers Pond and the ones north of Gibbs Pond drain to Polpis Harbor. Part of the issue would be to figure out which bogs drain where. 2. ConCom Meeting Schedule: Staff — Issued a new meeting schedule to include the meeting for Sept. 16, 2015. 11. PUBLIC HEARING A. Notice of Intent 1. Lily Pond R.T. — 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (Cont 09/30/15) 2. Lily Pond R.T. — 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (Cont 09/30/15) 3. Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (Cont 09/30/15) 4. APG /DRS Realty Trust — 80 & 84 Wauwinet Road (11 -89.2, 28) SE48 -2749 (Cont 08/19/15) 5. 48 SPR LLC — 48 Shimmo Pond Road (43 -79) SE48 -2789 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative Varoujan Hagopian, GEI Consultants, Inc. — Reviewed additional material submitted into the file. Analysis indicates the cobble, shown in photographs, is not from the bank; it has either moved there laterally or been picked up from the harbor. Reviewed modifications made to drawings providing an option between 6X6 and 4X4 cedar posts and the possibility of using white cedar, which degrades faster; also they can take the posts out after a year. Without the posts, he would have to use additional duckbill anchors. Explained how the ends would be constructed to mitigate end scour. Seth Wilkinson, Wilkinson Ecological Design — Reviewed the composition of the compost that would be used with the grass plugs. The percentage of compost would be .5 cubic feet per 20 "X10' rolls. Explained how there might have been a vein of cobble in the bank years ago; right now there is only sand in the bank. Noted that they have never had to replant; if they had to do that, more compost would be used. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. Public None Discussion (4:17) Golding — It indicates the cobble is being removed from the system due to the hard armoring on both sides of this property; wants assurance no more cobble is being removed by this project. Erisman — Asked about the phosphorous component of the compost; she is concerned about it leeching into the system. Steinauer — Referenced the Best Management Practices in regards to the use of phosphorous. Page 1 of 7 Minutes for August 5 2015 adopted Aug. 19 Bennett — With hard armoring on both sides, asked about expectations of success for the plantings. Hagopian — He will be monitoring the project and is confident the plants will be successful. Steinauer — His concern is that the fiber rolls are hard objects that keep the bank from releasing sand into the system; they aren't like other bags that release sand into the system and when they drain there is the bank. Hagopian — The sand will work between the bags and be provided into the system. If he sees something happening that is contrary to what he has presented here, he will come back to the ConCom. Wilkinson — Stated the bags in a storm do open up and release sediment. Golding — Asked if there is any concern in regards to replacing the 6X6 posts with 4X4 posts. He thinks the difference in the post sizes is negligible. Hagopian — The posts are not a structural component; the only concern is to keep the first layer secure until the roots are established. The posts will be placed every 5 feet on center. Discussion about the reflective surface of the different sized posts. Bennett — Asked what will hold the bank once the posts are gone. Hagopian —The plants will hold the bank and catch incoming sand. Steinauer — The commission will have to decide whether or not this is the configuration of a coastal engineering project. This structure is on a lot separate from the one with the structure. In the past this commission has not allowed coir bag projects on empty lots. Staff If this board finds this not to be a coastal engineering project, any lot can have a non coastal engineering project. Under local bylaws, this commission can waive the performance standard in regards to a coastal engineering project on an empty lot. Have everything needed to close. Can discuss this tonight so he has an idea of what sort of order to draft. Motion Motion to Close. (made by: Bennett) (seconded by: Champoux) Vote Carried unanimously 6. White — 47A West Chester Street (41- 227.1) SE48 -2790 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative Brian Madden, LEC Environmental — Explained further revisions made based upon prior feedback. :i'litigation measures remain the same. Public Sarah Alger, Sarah F. Alger P.C., for the abutter — Her client remains concerned and wants to ensure there is mediation prior to work and a benchmark is used. Discussion (4:54) Champoux — Would like to settle up the old enforcement action first. Staff There are waiver components involved: no adverse impact /no reasonable alternative for structural area inside 50 -foot setback and net benefit for vegetation restoration within the 25 -foot buffer. This board has the ability to place milestones to protect the resource areas. This site has a history of violations over time under the prior owner which were not corrected by the current owner, who is now responsible for rectifying the issues. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Champoux) Vote Carried unanimously 7. Nantucket Islands Land Bank — 22 Cathcart Road (43 -68) SE48 -2810 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — This is for 1,800 square feet of parking for access to a beach; resource areas are vegetated wetlands, land subject to coastal storm flowage, and coastal bank. A fiber roll will be placed on the down side of the existing parking to help build up sand and stop additional sedimentation; once sand is built up it would be removed. The parking surface is to be pervious. Rachael Freeman, Environmental Coordinator Nantucket Islands Land Bank Public None Discussion (5:03) None Staff The Land Bank has explored other areas of the site, which all seem to have more resource areas that would be impacted than this location. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Bennett) Vote Carried unanimously Page 2 of 7 Minutes for August 5 2015 adopted Aug. 19 8. Biggio — 155 Wauwinet Road (11 -1) SE48 -2808 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — For renovations /alterations to a structure with no change to the foot print. There was concern as to whether or not the entire board walk was necessary and about a new timber retaining wall: reduced the width of the deck around the house preserving the existing retaining wall. A new timber wall will be constructed in front of the existing with all work to be by hand. Reviewed changes made to reduce the deck. Net size of the board walk is 325 square feet. Also, proposing to mount the HVAC on wall brackets on the back side of the garage; this allows sand to move. Public None Discussion (5:09) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Champoux) Vote Carried unanimously 9. *O'Connor — 40 Pocomo Road (14 -37) NAN -120 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting —The original NOI has been removed. This plan is to locate the house at the front of the property. Resource areas are: isolated vegetated wetland, isolated land subject to flooding, high water level, and a potential vernal pool. Stated he has gone in there three times and did not find fairy shrimp; the abutters consultant says he did. The building meets all setback requirements for the isolated vegetated wetland; however, it is within 75 feet structural setback for the vernal pool and 50 -foot buffer setback. They are proposing to leave the entire area in the back natural and allow the site of a former vegetable garden and greenhouse to grow back and naturalize. His client has been removing demolition debris found in the wetlands. No fertilizer or herbicides or irrigation to be used; septic to be Septi -tech IA system. Requesting a waiver for no adverse impact. They will go through the process to certify the existence of the vernal pool. This structure is a move on from 57 Pocomo Road. Public None Discussion (5:17) Erisman — Asked about the revegetation process and about no development of the back of the property. Haines — He doesn't know about the revegetation process and can't guarantee someone in the future won't want to develop the rear of the property. Discussion about how the resource lines were determined and satisfaction with their having been properly annotated. Erisman — The water supply to the potential vernal pool needs to continue. Haines — He had suggested putting in leeching basins and there are no gutters on the house but could do trenching along the drift line that is 1'X1' filled with stone so that roof runoff infiltrates into the ground to maintain the hydrology. Based upon the tests for the septic, there was no water at elevation 13.4; the building will be at 24 with a full basement. Steinauer — Stated he still didn't understand why the structure couldn't go in a location farther back. Haines — Reviewed the setbacks for the septic and leech fields; the foundation wall will be 20 feet from the septic. Suggested he can move the silt fence forward and so not ask for a waiver in regards to the 50- foot setback from the vernal pool. Steinauer — The reason for the larger setbacks for vernal pools is because they are an important habitat for salamanders and other amphibians and fairy shrimp. There aren't many of those on Nantucket. Erisman — Reiterated her concern that ground water feeding the vernal pool will be obstructed by the structure and that flow needs to be maintained. Haines — Explained how that water isn't the flow into the vernal pool and the hydrology of the area. Bennett — Asked if there is a way to reduce the building size, such as move only part of it. Haines — As he understands it, the structure is being moved in once piece. He can check. Erisman — Would like to know the status of what vegetation has already been cut and any work done. Haines — Asked for a 2 -week continuance. Staff Local regulations have a provision that allows the board to treat it as a vernal pool without certification as long as the commission finds there is enough criteria met to qualify as a vernal pool Reviewed regulations and standards concerning a vernal pool. Read the local definition of a vernal pool. Reviewed a letter received, too late to go into the file, from Nantucket Land Counsel. Suggested it is a good idea for the applicant to fully explore the possibility of reducing the size of the structure by moving only part, especially if asking for a waiver for no reasonable alternative. Motion Continued to August 19 by unanimous consent. Vote N/A Page 3 of 7 Minutes for August 5 2015 adopted Aug. 19 10. *Rein — 3 Walsh Street (42.4.1 -56) SE48 -2809 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — This is for work on a property with land subject to coastal storm flowage: elevate and move structure to be compliant with flood and zoning requirements. The foundation is to be piers with break -away panels; no change in grade. Public None Discussion (5:51) None Staff Have everything needed to close. 'Motion Motion to Close. (made by: Champoux) (seconded by: Bennett) Vote Carried unanimously B. Amended Orders of Conditions 1. Kelley — 78 Union Street /Roadway Mariner Way (55.1.4 -72) SE48 -2740 (Cont 8/19/15) III. PUBLIC MEETING A. Minor Modifications 1. Nantucket Pond Coalition — Long Pond (59 -59.3) SE48 -2771 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative Rachael Freeman, Environmental Coordinator Nantucket Islands Land Bank — Requesting change in the monitoring protocol. Explained the approved monitoring and how it is changing the plot design. The reason for the change is the difficulty in accessing the area. They are proposing to use a protocol that comes from a paper that she read the establishes values for phragmites. They are still sampling for glyphosate in the water and tracking drift. Public None Discussion (5:56) Steinauer — Asked what plants they are monitoring. Freeman — They are monitoring phragmites as well as other plants. Staff This revision is based upon what is happening in the field. Recommend this be issued as a minor modification. Motion Motion to Issue. (made by: Golding) (seconded by: Bennett) Vote Carried unanimously 2. Nantucket Islands Land Bank — 80 JNfiacomet Avenue (66 -126) SE48 -2394 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused None Documentation Supporting documents and plans. Representative Rachael Freeman, Environmental Coordinator Nantucket Islands Land Bank — This area has been treated for knotweed for a long time and is adjacent to the head of Miacomet Pond. The current protocol is to use a 2 or 3% solution of triclopyr outside the 25 -foot buffer and area adjacent to the pond applied by hand. The cut and drip treatment can't be used inside the 25 -foot buffer to the pond; requesting a change to a back -pack sprayer with glyphosate. Public None Discussion (6:01) Golding — Asked what the square footage is and how much would be used. Freeman — She would have to calculate the square footage. Vegetation is extremely dense in this area. Champoux — Asked how the Rodeo® works compared to the triclopyr. Freeman — Doesn't have that answer; she prefers the Rodeo®. They have mowed it and weed- wacked it; prefer to do the application in August. Golding — We don't know the type of aquatic life forms in that area of the pond so have no yardstick. Freeman — She can come back with that. They can put together a monitoring program while they are not treating the knotweed. Steinauer — If doing the spray, should use Sidekick to penetrate. Freeman — They definitely want to use a citric based treatment. Asked for a continuance. Staff They will have to report back to the ConCom about the amount of Rodeo® used. Motion Continued to August 19 by unanimous consent. Vote N/A B. Certificates of Compliance (6:09) 1. *Wheatly /Chapman — 57 Wauwinet Road (14 -22) SE48 -0719 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Staff Installation of a septic system. The septic is in compliance and recommend it be issued. No on -going conditions. Discussion None Motion Motion to Issue. (made by: Bennett) (seconded by: Erisman) Vote Carried unanimouslv Page 4 of 7 Minutes for August 5,2015,adopted Aug. 19 2. *Trudel—57 Wauwinet Road(14-22) SE48-1699 (Cont 08/19/15) 3. *Ballinger—39 Millbrook Road(56-313) SE48-2311 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff For construction of a stone patio and permitting of chicken coop and small addition on the house. Constructed in compliance and recommend it be issued. Discussion None Motion Motion to Issue. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously 4. *Bradley—22 Union Street(42.3.2-138) SE48-1262 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff Flood zone only raising of a house. Constructed in compliance and recommend it be issued. Discussion None Motion Motion to Issue. (made by:Bennett) (seconded by: Champoux) Vote Carried unanimously 5. *Dunfey NT—8 Old North Wharf(42.3.1-20) SE48-1854 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff For a foundation and piling replacement.It is in compliance and can be issued. Discussion None Motion Motion to Issue. (made by: Golding) (seconded by:Erisman) Vote Carried unanimously 6. *Nantucket Conservation Foundation—Dike Road/Polpis Harbor(20-25) SE48-2156 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff Saltmarsh revitalization.This order was specifically for work on road and box culvert.Recommend this be issued. Discussion None Motion Motion to Issue. (made by: Champoux) (seconded by:Erisman) Vote Carried unanimously 7. *Nantucket Conservation Foundation—Off Massasoit Bridge Road(57-12&64-06) SE48-1921 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff Keeping up with monitoring of eradication of phragmites around Clark's Cove.Recommend issue including continued Conditions 19,21,23&24 allowing the treatment of phragmites. Discussion None Motion Motion to Issue with ongoing conditions. (made by:Bennett) (seconded by: Champoux) Vote Carried unanimously C. Orders of Conditions (6:17) 1. Biggio—155 Wauwinet Road(11-1) SE48-2808 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff For renovation of the structure. He added conditions used for similar sites in that area: replace beach grass in the disturbed area and monitor. Discussion Golding—Asked where the water from the air conditioners would go,if it would drip down into the side of the dune. Gasbarro—It's a closed system. Motion Motion to Issue as drafted. (made by: Champoux) (seconded by:Bennett) Vote Carried unanimously 2. *Rein—3 Walsh Street(42.4.1-56) SE48-2809 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff Lifting and placement of house. Straight forward. Discussion Bennett—No grade change was mentioned. Motion Motion to Issue as drafted. (made by: Golding) (seconded by:Bennett) Vote Carried unanimously Page 5 of 7 Minutes for August 5,2015,adopted Aug. 19 3. 48 SPR LLC—48 Shimmo Pond Road(43-79) SE48-2789 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff The purpose of this discussion is to provide him with an idea of what sort of order of conditions to draft. If this is found to be coastal engineering structure,he will have to draft a separate state waiver.By regulations,anything that affects littoral drift is a coastal engineering structure. Moving forward this board can look at the regulations and defining specifically what is a coastal engineering structure and providing standards for a bio-engineered structure. The board can require a yearly report with a date for the report to be submitted. Explained that if this is found not to be a coastal engineering structure,a waiver for that performance standard would not be necessary. Coastal Bank performance standards would still apply. Discussion(6:22) Steinauer—Need to make a finding as to whether or not this constitute a coastal engineering structure. Likes the plant focus;would feel better if there was a house behind it.Pointed out they have to think about monitoring protocols for the pockets of salt marsh to ensure they don't get buried. Golding—With hard structures either side,he favors approval with stringent monitoring.They said they don't use any filter fabric.There is a grey area as to what is legally a coastal engineering structure;right now CZM and DEP are claiming this is not a CES so to what extent does this board want to be butting up against them. Champoux—From their description it is not really hard and does give and give up sand over time as well as from behind it.Said he doesn't understand conditions under which the project would be re-nourished. Erisman—Likes permitting as an experiment to see how it works,but she's not keen on a finding that it is not a coastal engineering structure.It is on a vacant lot.The one side where it doesn't tie into the other structure needs monitoring to evaluate the sand wash in the area.The access area should be re-vegetated when they're done.An order would have to memorialize the vacant lot and bio-engineering aspect of the project. Bennett—The nice part is that if this fails,it goes away;it has a life span.There are hard armor structures either side of it.He would like to see something in the regulations about experimental structures. Sense of the Commission is toward a positive order. 4. White—47A West Chester Street(41-227.1) SE48-2790 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff This board seemed interested in sequencing restoration and buffer zone work before structural work.This will be conditioned for all construction material to be stored outside of the setback.This would have more extensive monitoring than other projects like this. Can add timelines for when planting work is to be completed that doesn't cause an unnecessary delay for construction. Discussion(6:46) Steinauer—Moving the secondary structure helps.Wants boundary markings for the restoration areas. Bennett—He has concerns about the main house.He's having a hard time with this. Erisman—They are doing different plant establishments and that will take a significant amount of work to get it functioning. Golding—The abutter's letter gave him pause in reference to the intrusion into the buffer.Need a marker. Champoux—It seems they are trying to put a lot into this lot;they might not be able to get all that they want.A lot of the mitigation is in a previously disturbed area Erisman—This is difficult for her as the mitigation is"dicey." Sense of the board is not for a positive order. 5. Nantucket Islands Land Bank—22 Cathcart Road (43-68) SE48-2810 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff The creation of a parking area. Discussion Steinauer—Not thrilled but it is minimal disturbance. Bennett—It would be less damage than cars parking along the road and on vegetation. Erisman—Would like monitoring to ensure there is no additional clearing and erosion. Golding—Thinks this is reasonable in its approach. Sense of the board is for a positive order. D. Extension of Orders of Conditions(6:58) 1. Nantucket Conservation Foundation—Madequecham Valley Road Area (77-2,89-7,90-1) SE48-2482 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff The is a phragmites removal project.They have submitted reports for the last 2 years.The original order was issued a month after the cut off for the extension act.They are asking to continue treatment;want to keep the permit active to allow for application for a modification if needed. Discussion(6:58) None Motion Motion to Issue three 1-year extensions. (made by: Champoux) (seconded by:Bennett) Vote Carried unanimously Page 6 of 7 Minutes for August 5,2015,adopted Aug. 19 2. Woodbury Lane Association—Rear Woodbury Lane (42.3.4-156) SE48-2485 Sitting Steinauer,Bennett,Erisman,Champoux,Golding Staff This is similar as NCF;they have also been doing phragmites treatment.Looking to continue for the same reasons. Discussion None Motion Motion to Issue three 1-year extensions. (made by:Bennett) (seconded by: Champoux) Vote Carried unanimously E. Other Business(7:01) 1. Approval of Minutes: July 22, 2015 — Motion to Approve as amended. (made by: Bennett) (seconded by: Golding) Carried unanimously 2. Reports: a. CPC,Golding—Nothing b.NP&EDC,Bennett—Nothing c. Mosquito Control Committee,Erisman—Nothing 3. Commissioners Comment a. Golding—Brought in a sample of porous paving. 4. Administrator/Staff Reports a.Told the commissioners to be prepared for an executive session at 3 p.m.prior to the hearing on August 19,2015. Motion to Adjourn: 7:09 p.m. Submitted by: Terry L.Norton Page 7 of 7