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HomeMy WebLinkAbout2015-10-14Minutes for October 14. 2015. adopted Oct. 21 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, October 14, 2015 4:00 P.M. 4 Fairgrounds Road, Training Room P E `� F' V E Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice Chair), Ashley Eris ,D�� La eu �, u Ben Champoux, Ian Golding, Joe Topham L l' l C 1 Called to order at 4:00 p.m. , E 01W N C LE R Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Absent Members: Champoux 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 — None II. PUBLIC HEARING A. Notice of Intent 1. Diamond Jr —10 Jefferson Avenue (30 -55 & 56) SE48 -2829 Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, and reports. Representative Caitrin Higgins, Wilkinson Ecological Design — Explained the proposal to revitalize an isolated vegetated wetland. Reviewed the aggressive invasive species and how they will be removed: by hand. Will use a Cape -Cod seed mix for drier areas and a native seed mix suitable for the. Explained the long -term net benefits. Not proposing any tree species; there are a number of trees throughout the area. Low volume use of herbicides is below the recommended amount and application is clip and drip. Asked for a continuance. Julie Jordin, The Garden Design Company — In her experience, the best time to remove invasive species is when it is frozen. Most work would happen on the edges where the invasive species are located. She anticipates no seeding to be done in the fall. Public None Discussion (4:01) Bennett — Noted the function and benefits of the existing plants versus those that are being proposed; wonders at the use of both for the broader mix. Erisman — Some of the plants are invasive and aren't necessarily found in that area. For her additional shrub coverage is more important than the low growth to increase possible nesting habitat. Wonders at the timing of the mulch coverage and how long it will be there. Higgins — The mulch is a light salt -marsh hay to weigh down the seeds; it will decompose rapidly. Steinauer — Asked about use of fertilizer; there would be a condition asking for use to be tracked. Discussion about the work schedule. Golding — There is no mention in the protocol about monitoring invertebrates. He would like to see what life is actually in there before application of the herbicides. Erisman — Concerned about how the seed would survive winter standing water. Bennett — Asked about the cobblestone road. (It is existing and is not a primary driveway.) Steinauer — Items the board wants: an insect monitoring protocol, a revised timeline, a revised plan, an invertebrate monitoring protocol, and a planting plan showing taller plants or trees. Staff None Motion Continued to October 28 without objection. Vote N/A Page 1 of 4 Minutes for October 14, 2015, adopted Oct. 21 3. *Town of Nantucket — 39 Nonantum Avenue (Fisherman's Beach) (87 -46) SE48- Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Recused None Documentation Site plans, maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Tom Quigley, for Town of Nantucket and Surfside Association. — Explained the proposal for a deck and bench. The area for the deck -bench is heavily over grown. The existing parking, path, and stairs are maintained by the Town. Asked for a continuance. Public Jim Mullen, Surfside area resident — He thought there would be more plans and topography for this project. Expressed concern that if the poison ivy is removed, people will go over the bank rather than use the stairs. Discussion (4:34) Erisman — Not sure this is the area for a bench. Bennett — Would like to view with the deck location staked out. Steinauer — Need a better plan. Staff It is proposed within 50 -foot setback from the top of the bank and requires a waiver under NAI. Would memorialize the distance from the edge to the bank to determine where it would be as well as mark the seaward side of the deck. Motion Continued to October 28 without objection. Vote N/A B. Amended Orders of Conditions 1. Nantucket Islands Land Bank — 80 Miacomet Avenue (66 -126) SE48 -2394 Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Recused None Documentation Site and topographical plans, photos, and reports. Representative Rachel Freeman, Nantucket Islands Land Bank — Site has a history of disturbance and been graded. Over the past years have been working to eliminate a stand of Japanese knotweed leaving only a little over an acre at this time. Resource areas include a flood zone and coastal bank. Amendment request is for use of a folio wiping and a low - volume folio spray above the bank and implementation of a different monitoring plan. Once the stand density is 25% or less, would change to clip and drip and stabilize the soil with plantings. Willing to place silt fencing close to the base of the bank and do glyphosate sampling. Asked for a continuance. Public None Discussion (4:46) Steinauer — Asked about using Renovate instead of glyphosate. Golding — Asked about the sampling: how many points and for how long and if it includes water sampling. Freeman — 4 plots and referenced her past reports; the report does not include water sampling. Steinauer — Believes when clip and drip is used on knotweed, it should be at 100 %; 25% is just to weak. Golding — Would like to see an invertebrate monitoring protocol. Staff One difficulty is a lot of the knotweed is growing on the bank. Reviewed the history of the project. They are required to provide a yearly report. In 2011, the Order of Conditions required 4 -meter squares prior to application of herbicides and at end of season. Motion Continued to October 28 without objection. Vote N/A III. PUBLIC MEETING A. Request for Determination of Applicability 1. *The Steamship Authority — Steamship Wharf (42.4.2 -13) Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Bill Cloutier, Steamship Authority — Continuation of slippery piers, dolphin, and bulkhead repairs. Explained the installation process. The piles go down about 125 feet into the seabed, which here is all sand, and are anchored with a helix. They hope to have the work completed the last week in February 2016; work should start within a couple of weeks. Gregg Endicott, Steamship Authority Public None Discussion (5:05) Golding — Expressed concern about silt and debris being dispersed when the pilings are driven in. Cloutier — Explained the options that can be used to mitigate that. Steinauer — Asked if anything sits on the bottom. Cloutier — Only the concrete mass and that is picked up afterward. A high- density plastic will be used rather than metal. Erisman — Concerned about plastic being rubbed off into the water. Cloutier — The plastic doesn't deteriorate; it just scuffs and rubs against the rub -rail on the boat. Page 2 of 4 Minutes for October 14, 2015, adopted Oct. 21 Staff This method has been permitted before. He also checked with the Department of Environmental Protection (DEP) on filing this RDA and they have no concerns. This is considered a maintenance activity of an existing use. Recommend this be issued as a Negative 2 to allow for the work. Motion Motion to Issue as a Negative 2. (made by: Golding) (seconded by: Topham) Vote Carried unanimously B. Minor Modifications 1. None C. Certificates of Compliance 1. *Waters Edge Nominee Trust —16 Medouie Creek Road (20 -26) SE48 -2714 Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Staff This was for replacement of the dock and walkway and work around the boathouse area. Work has been completed in compliance with the permit and regulations. Recommend it be issued Discussion (5:21) None Motion Motion to Issue. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 2. *Town of Nantucket — 34 Washington Street (42- 2.3.2) SE48 -2767 Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Staff This was for the driving of piles and some replacement on the fixed pier of the Town Pier. Work is completed in compliance. Recommend it be issued. Discussion (5:22) None Motion Motion to Issue. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously 3. * Squam Head LLC — 71 Squam Road (13 -12) SE48 -2463 Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Staff This was for construction of a cottage, remodeling of shed, moving a dwelling, remodeling of decks and porches, modifying parking and driveway areas; it was amended to include a pool, retaining wall, pool fencing and equipment. Work has been completed in compliance. Recommend it be issued with on -going Condition 21: pool not drained or discharged into an area of commission jurisdiction. Discussion (5:24) None Motion Motion to Issue with on -going Condition 21. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously D. Orders of Condition 1. Madaket Wheelhouse, LLC —13 Massachusetts Avenue (60 -75) SE48 -2825 Sitting Steinauer, Bennett, Erisman, Golding, Topham Recused LaFleur Staff For installation of a tight tank within the flood zone. Requires a waiver for work within the flood zone. Discussion (5:25) None Motion Motion to Issue as drafted. (made by: Bennett) (seconded by: Topham) Vote Carried 5 -0 2. Oak Hill Investments — 341A Madaket Road (60 -75) SE48 -2828 Sitting Steinauer, Bennett, Erisman, LaFleur, Golding, Topham Staff For a house and pool. Will add to Condition 20 to show from the bottom of the stairs to high water. Noted that ConCom regulations allow for a walkway over the marsh to protect the wetlands; zoning has a moratorium on docks and piers. He included conditions against leaving boats on the marsh or cleats on the walkway for tying off boats, no lighting, management of any material from removal of invasive species off the bank, fertilizer conditions, and no irrigation is permitted within the 50 -foot set back of the Coastal Bank. A waiver is required for alteration of the vegetation Discussion (5:25) Erisman — Would like the monitoring report to cover the area in front of termination of the stairs where they would be left walking thought the marsh area. The purpose would be to show the cumulative affect of use over time. Motion Motion to Issue as Amended. (made by: Bennett) (seconded by: LaFleur) Vote Carried 5- 1 / /Erisman opposed Page 3 of 4 Minutes for October 14, 2015, adopted Oct. 21 3. APG /DRS Realty TR — 80 & 84 Wauwinet Road (89.2 -28) SE48 -2749 - Reissue Sitting Steinauer, Bennett, Erisman, LaFleur Staff For sand -drift fencing; revised plans show the fencing terminating halfway across the property away from the abutting property that contains the stream. The rest is monitoring and construction related. Will add to the monitoring to include the distance from the fence to the stream. Will add Condition 25: debris accumulating on the fence is to be removed. Discussion (5:32) Erisman — There had been talk a condition in regards to clearing out debris. Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Bennett) Vote Carried 4 -0 E. Other Business (5:36) 1. Approval of Minutes, September 30, 2015: Approved by unanimous consent. 2. Reports: a. CPC, Golding — Nearly done with presentations. b. NP &EDC, Bennett — Vehicle access to Great Point and Cotue. c. Mosquito Control Committee, Erisman — Could not attend the meeting. 3. Commissioners Comment: a. Bennett — Someone was emptying a pool on Fair Street that was running into the drains on Main Street. Asked if those drains run into the harbor. Staff — Yes they do. He and the Department of Public Works was called about this and the enforcement process with DEP has been started. Some sort of action or penalty will be taken. This is very detrimental to the harbor area. The pool company and homeowner have both been cited. b. Erisman — In regards to a house in Pocomo just east of the Octagon House, asked if there is an enforcement action on that property. (No) There is a plywood and plastic sheet between their fence and jute bags. She will forward photos she took to staff. c. Erisman — Other end of Pocomo toward Polpis Harbor, someone mowed a pathway and there are track marks from a machine on the beach. d. LaFleur — Stated that the Superior Court judge ruled in favor of the Boy Scouts against the developer for the land occupied by the boy scout camp. It has to go back to the Civic Association. 4. Administrator /Staff Reports: a. Suggested if anyone sees a violation, open their maps on their phones or IPads and drop a pin at their location and take photos then email both to Staff. Explained how to email screen shots. b. The final version of the Order of Condition for'Sconset Beach Preservation Fund is available. c. Noted that ConCom won the Taking Case for 47 Massachusetts Avenue. He is waiting for the written decision. Motion to Adjourn: 5:45 p.m. Submitted by: Terry L. Norton Page 4 of 4