HomeMy WebLinkAbout2015-9-30Minutes for September 30, 2015, adopted Oct. 14
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, September 30, 2015 4:00 P.M.
4 Fairgrounds Road, Training Room
Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice Chair), .�shle\ Erisman, David LaFleur,
Ben Champoux, Ian Golding, Joe Topham E!
Called to order at 4:05 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator
Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Absent Members: None
Late Arrivals: LaFleur, 4:08 p.m.; Golding, 4:08 p.m.
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment — None
II. PUBLIC HEARING
A. Notice of Intent
1. Lily Pond R.T.- 27 N. Liberty Street (41 -158 Lot A) SE48 -2678 (Cont 11/30/15)
2. Lily Pond R.T.- 29 N. Liberty Street (41 -158 Lot B) SE48 -2677 (Cont 11/30/15)
3. Lily Pond R.T. — 31 N. Liberty Street (41 -158 Lot C) SE48 -2679 (Cont 11/30/15)
4. APG/ DRS Realty Trust — 80 & 84 Wauwinet Road (11 -89.2, 28) SE48 -2749
Sitting Steinauer, Bennett, Erisman, LaFleur
Recused Champoux, Golding, Topham
Documentation Site plan and topographical map, aerial photo, Massachusetts Natural Heritage sign -off letter.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — This was continued to allow time to work through
issues with Massachusetts Natural Heritage. Reviewed the project. They have removed the nourishment
component. They now have Massachusetts Natural Heritage sign off. Stated that a lot of debris washes up
into the bordering vegetated wetlands. The effort is to form a dune to protect the coastal bank. They are
amenable to closing with a revised plan showing the fence not extending more than half way across 80
Wauwinet Road.
Public None
Discussion (4:08) Erisman — Recalled talking about stopping short of the vacant lot at 80 Wauwinet Road; she thinks it
would help maintain water flow in and out of the bordering vegetated wetlands.
Bennett — He's okay with it as it is but can see pulling it back some.
LaFleur — He's okay with the plan as is.
Steinauer — He believes that with the fence down - gradient from the wetland it won't stop flow into the
wetland.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur)
Vote Carried 4 -0
5. Four Saratoga LLC - 14 Tennessee Avenue (60.1.2 -6) SE48 -2773 Withdrawn
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative None
Public None
Discussion (4:21)
None
Staff
None
Motion
Motion to Accept the withdrawal. (made by: LaFleur) (seconded by: Bennett)
Vote
Carried unanimously
Page 1 of 6
Minutes for September 30, 2015, adopted Oct. 14
6. Bayliss — 52 Eel Point Road Lot 1 (35 -25) SE48 -2821
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Site plan and topographical maps, photos, Massachusetts Natural Heritage sign off letter.
Representative
Mark Rits, Site Design Engineering — No waivers.
Public
None
Discussion (4:21)
None
Staff
This had been continued for sign off from Massachusetts Natural Heritage.
Motion
Motion to Close. (made by: Champoux) (seconded by: LaFleur)
Vote
Carried unanimously
7. Madaket Wheelhouse, LLC —13 Massachusetts Avenue (60 -75) SE48 -2825
Sitting
Steinauer, Bennett, Erisman, Champoux, Golding, Topham
Recused
LaFleur,
Documentation
Site plan and topographical maps.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — A septic was installed without permits; this is to get
an after -the fact - permit. It does require waivers in the flood zone. Plans were revised to incorporate a tight
tank, and to show a temporary dewatering area. Reviewed process of removal of the present septic and
installation of the tight tank. Asking for waivers under no reasonable alternative /no adverse impact and
long -term net benefit.
Public
None
Discussion (4:23) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Campoux)
Vote Carried 6 -0
8. Dhall — 30 Madequecham Valley Road (89 -22) SE48 -2826
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site plan and topographical maps, Massachusetts Natural Heritage sign off letter
Representative Brian Madden, LEC Environmental
Public None
Discussion (4:27) None
Staff This had been continued for sign off from Massachusetts Natural Heritage.
Now have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
9. Oak Hill Investments — 341A Madaket Road (60- 75)SE48 -2828
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site plans and topographical map, deed restriction plan.
Representative Mark Rits, Site Design Engineering — Resource areas were reflagged for inspection. Explained why it is
not possible to install a set of stairs without handrails. Reviewed vegetation on the bank that will screen
the stairs and railing. The location of the landings and stairs were flagged at the top and bottom of the
bank. The landing terminates at mean-high water consistent with local bylaws. The stairs will be within the
50 -foot buffer and installed by hand; only 10 to15 square -feet (SF) of a previous landscaped area will be
disturbed.
Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. — If the commission prefers a post over a
flag to mark the structures, they will stake the stairs.
Public Joseph Guay, for John & Sarah Hendrickson the contract buyers and for Mary Jane MacLean & Ann
Jennings and Charles Ryan the current owners — When he was at the abutters property, he did not see
stakes; believes that should have been done and asks why it wasn't done. Renews his request that the
application comply with staking requirements as required by the board. The staircase is over the coastal
bank with the landing at the base of the coastal bank facilitates traffic that would ultimately disturb a
pristine salt marsh. Asked that if this is approved, it be done without the staircase. Reviewed a deed
restriction attached to this property.
Emily MacKinnon, Nantucket Land Council — The regulations required use of fertilizers follow the best
management practices; in areas like this, the commission can place restrictions on fertilizer usage and
urges that be done, especially so close to Hither Creek.
Page 2 of 6
Minutes for September 30 2015, adopted Oct. 14
Discussion (4:28)
Steinauer —The issue about the deed restriction would have to go to a court of law.
Erisman — She would like to see a vegetation plan for the location around the landing; thinks there
Public
should be some mitigation planting now that the lawn is being extended to lead up to the salt marsh.
Discussion (5:03)
Steinauer — This is similar to projects this board permits on a regular basis.
Discussion about use of fertilizer on the lawn area and conditioning that use.
Staff
Golding — In light of objections raised, he wonders if it would be a good idea to stake the project and
have a site visit.
Staff
Stated that Bruce Perry, Third -party Consultant Conservation Commission, did not get out to inspect the
Motion
site; he, however, did go out and is satisfied with the locations of the flags.
Vote
This commission has no jurisdiction to enforce a private deed restriction.
2. Nantucket Islands Land Bank — 80 Miacomet Avenue (66 -126) SE48 -2394 (Cont 10/14/15)
Procedurally, this commission chose not to view the site. An owner has the right to walk through resource
A. Request for Determination of Applicability
areas on foot. Noted that this salt marsh is lined with stairs and walkways.
222 Polpis Road (26 -22.2)
Have everything needed to close.
Motion
Motion to Close. (made by: Topham) (seconded by: LaFleur)
Vote
Carried unanimously
10. Hunter Trustee — 47 Cliff Road (29 -43) SE48 -2827
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Site plan and topographical maps.
Representative
Mark Rits, Site Design Engineering — He has reconfigured the project so that the stairs are outside the
Discussion (5:12)
50 -foot buffer to a bordering vegetated wetlands and meets up with an existing foot path. He has
Staff
submitted a waiver request.
Bill Hunter, Vaughan, Dale, Hunter and Beaudette, P.C.
Public
None
Discussion (4:58)
None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Champoux) (seconded by: Bennett)
Vote
Carried unanimously
11. *Diamond Jr
—10 Jefferson Avenue (30 -55 & 56) SE48 -2829 (Cont 10/14/15)
B. Amended Orders of Conditions
1. Steven Cohen Trustee — 35 North Beach Street (29 -38) SE48 -2734
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation Site plan and topographical maps
Representative Bob Emack — This site is within land subject to coastal storm flowage; they are requesting to in -fill more
Page 3 of 6
of the porch and remove the existing garage then construct the new garage in a different area. They are
trying to get relief from the Homeowners Association in regards to the planting easement.
Public
None
Discussion (5:03)
Bennett — Asked if there is wetland across the street.
Discussion about the possible presence of a wetland.
Staff
The board could require in a condition that plans be submitted showing the final location of the garage.
Stated there is no wetland.
Recommends closing and issuing as an amended order.
Motion
Motion to Close & Issue. (made by: Champoux) (seconded by: LaFleur)
Vote
Carried unanimously
2. Nantucket Islands Land Bank — 80 Miacomet Avenue (66 -126) SE48 -2394 (Cont 10/14/15)
III. PUBLIC MEETING
A. Request for Determination of Applicability
1. Garnick —
222 Polpis Road (26 -22.2)
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation
Site plans, topographical maps.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — This is for confirmation of two delineated wedand
boundaries for within the buffer zone to an isolated and bordering vegetated wetlands; upgrade related to
failed septic. Reviewed project.
Public
None
Discussion (5:12)
None
Staff
Recommends a Positive 2A confirming the boundaries and Negative 3 for work within the buffer zone
that doesn't require filing.
Motion
Motion to Issue as recommended. (made by: Champoux) (seconded by: Topham)
Vote
Carried unanimously
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Minutes for September 30 2015 adopted Oct. 14
B. Minor Modifications
1. Nantucket County Commission — S. Cambridge Street — SE48 -2234
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site plans, topographical maps.
Representative Don Bracken, Bracken Engineering, Inc. — Reviewed the existing system. This is to ask to modify the
drainage system: remove the 5,000 gallon grid chamber and reduce leaching system to one -third its size.
All work is within an existing disturbed area. These changes would help eliminate run off.
Public None
Discussion (5:15) Steinauer — Recalled other work done to this system. He's comfortable with it being adequately
maintained.
Staff According to Silvio Genao of the Department of Public Works, the system as it exists can't be maintained.
Recommends approval.
Motion Motion to Approve. (made by: Bennett) (seconded by: Champoux)
Vote Carried unanimously
C. Certificates of Compliance
1. Coffey- 24 Long Pond Drive (59 -17) SE48 -2631
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This was for construction of pool and fence, which was constructed in compliance.
Discussion (5:22) None
Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
2. Garnick — 222 Polpis Road (26 -22.2) SE48 -1322
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This was for construction of an addition to a single family dwelling; it is in compliance. Recommends this
be issued.
Discussion (5:23) None
Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
3. Parker — 30R Union Street (42.3.2 -141) SE48 -880 (Reissue)
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Recommends this be reissued.
Discussion (5:23) None
Motion Motion to Reissue. (made by: Champoux) (seconded by: Topham)
Vote Carried unanimously
D. Orders of Condition (5:24)
1. Bayliss — 52 Eel Point Road Lot 1 (35 -25) SE48 -2821
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff He included the condition regulating fertilizer use.
Discussion None
Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Bennett)
Vote Carried unanimously
2. Madaket Wheelhouse, LLC —13 Massachusetts Avenue (60 -75) SE48 -2825
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This requires a waiver for work within land subject to coastal storm flowage to install the tight tank under
no adverse impact /no reasonable alternative. It is conditioned that the tank be pumped at end of season.
Discussion Steinauer — Would like to receive copies any reports that go to the Board of Health.
Arthur D. Gasbarro, Blackwell and Associates Inc. — Noted that this is a new district that requires all
dwellings have tight tanks regardless of whether or not the usage is seasonal.
Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Bennett)
Vote Carried unanimously
3. Dhall — 30 Madequecham Valley Road (89 -22) SE48 -2826
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Would like to add Condition 19 that stairs are to be stored outside the 50 -foot setback in the off - seasons.
Discussion None
Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Topham)
Vote Carried unanimously
4. Hunter Trustee — 47 Cliff Road (29 -43) SE48 -2827
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This is for the stairs within the buffer to coastal bank.
Discussion None
Motion Motion to Issue as drafted. (made by: Golding) (seconded by: Champoux)
Vote Carried 6- 1 / /Erisman oyyosed
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Minutes for September 30, 2015, adopted Oct. 14
5. APG /DRS Realty Trust — 80 &84 Wauwinet Road (11- 892.,28) SE48 -2749
6. Oak Hill Investments — 341A Madaket Road (60- 75)SE48 -2828
Discussion Possible conditions
7. SBPF — 87 -105 Baxter Road (48- 21,22,19,18,17; 49 -8) SE48 -2824
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff (5:34) The board is reviewing DRAFT Order of Conditions dated 9/28/2015.
Reviewed typographical changes that need to be made.
Town Counsel George Pucci, Kopelman & Paige LLP
Discussion Steinauer — Finding. 9: would like to add something that recognizes the coastal beach and bank to be an
integrated system to include adjacent properties; his concern is the impact on the whole system, not just
one area.
Discussion about whether or not "highly dynamic" is adequate.
Staff— Suggested adding, "the commission recognizes this coastal beach and coastal bank is part of an
integrated system of resource areas in a highly dynamic coastal environment..." Noted which Findings
relate to which resource areas and reviewed which discussed changes go to which Findings.
Golding — Suggested adding "benthic" to "beach and benthic ecosystem and protection of wildlife"
Steinauer — Condition 28: refers to the benthic surveys; he thinks the best time to survey the bottom would
be late summer.
Discussion about when the benthic surveys should be done, how they are taken, and the purpose of those
samples should be looking at.
Golding — Condition 27: on -going beach monitoring programs, the beach profile data should include
"invertebrate analysis to include micro -mer and micro -fauna analysis" or put it under the rubric of benthic
survey. Condition 56: would like there to be a total of 3 samples each taken from multiple sites. He would
like 9 samples to come from outside of the project area for a total of 12. The samples should be core
samples and scraping the surface.
Discussion about the sites from which samples are taken as written in the draft order.
Erisman — Would like to see records of any vehicle movement that takes place on the beach as well as
where and how much sand is being moved around the template.
Champoux — The daily work log would provide some information by which an approximate calculation
could be made.
Staff — They are to provide delivery tickets noting how much sand has been delivered. He could include
under Condition 59 requiring the daily work logs be provided as part of the quarterly reports.
Golding — Condition 58: about the full review, asked if it should be added that in the event of a
disagreement we would go forward with mediation by an independent reviewer.
Champoux — Thinks that is built into the condition.
Further discussion about whether or not to add an additional site from which samples should be taken as
noted in Condition 56: in front of the project area, north of Hoicks Hollow, south of Codfish Park, and
between the project and Helmut Weymar's property, 79 Baxter Road.
Erisman — Under failure criteria, asked if there is any reference to the change in the off -shore cobble
habitat.
Champoux — Asked if there is a pre - geotube baseline for conditions.
Further discussion about wording in Condition 56.
Golding — Condition 46: elsewhere it is said this is to abate the emergency;
Bennett — This project should not be linked to anything down the road; he believes it is clear as written.
Golding — Condition 26: for the 4th geo -tube, he would like to see before and after photos to ensure the
position doesn't mine into the bluff.
Steinauer — Change it to read sand -filled geo -tube returns. He doesn't see how after photos would show
anything other than the tubes.
Erisman — Condition 22: survey plates should be marked by a surveyor.
Staff — It states "with survey stakes" which requires a licensed surveyor.
Steinauer — If they are going up and down that beach during shore bird season, thinks they should have a
qualified shore -bird monitor with them.
Staff — That is covered under Condition 42. That area by the state has zero potential as a shorebird habitat.
Steinauer — Asked if there was a ruling on the pre -1978 structures.
Pucci —There is a case that found that a pre -1978 structure warrants protection even if it's been moved
there. This board is relying on Department of Environmental Protection (DEP) definition and ruling on a
pre -1978 structure. Right now, the Town has no on -going effort to relocate Baxter Road; there are
negations for easements.
Golding — Condition 29: the annual assessment report, would like to include "detailed analysis of benthic
and beach invertebrate habitat including but not limited to the number of micro- fauna, mer - fauna, and
macro -fauna in the 12 sample sections using established protocols" or words to that affect.
Discussion about whether or not they should be so specific on what is being tested for in the annual report.
Staff — Suggested adding, "and including reporting of the approved invertebrate sampling protocol."
Conditions 19, 21, 22, and 47 all relate to the 4th tier. Wants to ensure everyone is satisfied with those.
Page 5 of 6
Minutes for September 30 2015 adopted Oct. 14
Golding — Wonders if it should be written into a finding that ConCom disagrees with DEP about the
structures actually being pre -1978.
Pucci — Recommends leaving it as part of the record that one or more commissioners disagree with DEP.
Discussion about the 41h tube and whether or not the commission should vote to approve or deny the 4th
tube in front of 97 & 99 Baxter Road.
Erisman — The pipe needs to be part of the as- built.
Staff — That comes under Condition 45.
Bennett — The sand template seemed high; asked if there is a set height for that sand.
Staff — "Other than the upper 5 to 7 feet of the bank."
Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Champoux)
Vote Carried 6- 1 / /Erisman opposed
E. Other Business
1. Approval of Minutes:
a. None
2. Reports:
a. CPC, Golding — First review of 4 requests coming up.
b. NP &EDC, Bennett — Nothing to report.
c. Mosquito Control Committee, Erisman — Nothing to report.
3. Commissioners Comment
a. Steinauer — Stated he attend an Open Meeting Law training session; he learned that executive session minutes
need to be reviewed.
4. Administrator /Staff Reports
a. Tomorrows posted meeting is cancelled.
b. He and Mr. Pucci were in court for the 47 Massachusetts Avenue matter as part of a regulatory taking at the
property owners not being able to rebuild their dwelling.
Motion to Adjourn: 7:02 p.m.
Submitted by:
Terry L. Norton
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