HomeMy WebLinkAbout2016-1-27Minutes for Tanuary 27, 2016, adopted Feb. 10
TFtu� CONSERVATION COMMISSION
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PUBLIC MEETING
2 Bathing Beach Road
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Nantucket, Massachusetts 02554
ww•w.nantucket- ma.gov
Wednesday, January 27, 2016 4:00 P.M.
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4 Fairgrounds Road, Training Room
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Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice Chair), Ashley Erisman, David
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LaFleil
Ben Champoux, Ian Golding, Joe Topham
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Called to order at 4:02 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator
Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Absent Members: None
Late Arrivals: None
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
1. PUBLIC MEETING
A. Public Comment — Emily MacKinnon, Nantucket Land Council — Asked, in light of the storm this past
weekend, if the board would receive the as -built information from'Sconset Beach Preservation Fund project. NLC
is still concerned about the amount of sand delivered to the site as well as how much actually gets into the system.
Staff — He anticipates having have that in time for the February 10 meeting. They did have significant sand loss
from Winter Storm Jonas across the face of the project; the end of the storm there was a gully running down the
face and across the geo- tubes. The vegetation on the bank is patchy.
II. PUBLIC HEARING
A. Notice of Intent
1. Lily Pond R.T. — 27 North Liberty Street (41 -158 Lot A) SE48 -2678 (Cont. 02/10/2016)
2. Lily Pond R.T. — 29 North Liberty Street (41 -158 Lot B) SE48 -2677 (Cont. 02/10/2016)
3. Lily Pond R.T. — 31 North Liberty Street (41 -158 Lot C) SE48 -2679 (Cont. 02/10/2016)
Staff Noted that this has been held since its initial filing, May 23, 2014, which puts into question who can sit on
it; it will have to be withdrawn and refiled thus requiring abutters be completely renotified.
4. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2834 (Cont. 02/10/2016)
5. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2835 (Cont. 02/10/2016)
6. * Quidnet Properties, LLC — 84 Quidnet Road (21 -100 & 101) SE48 -2855
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative Paul Santos, Nantucket Surveyors — This is for replacement of a failed septic with an upgraded
conventional system located upland of a coastal dune vegetated with beach grass. The site is limited as to
location of the system due to the location of this and the abutting property wells. Requested waivers under
203B 2 & 5 based on no adverse impact and no reasonable alternative. The area is above the regulated
flood zone. The system will be about 130 feet from the rack, mean high water, line but the proposed
system is less than 10 feet from the coastal dune. Have not heard from the natural Heritage and
Endangered Species Program (NHESP) in regards to the Massachusetts Endangered Species Act (MESA)
application; he will have to request a continuance. The Board of Health (BOH) regulations do not require
an I/A system; this site is outside the Harbor Watershed District, more than 300 feet from Sesachacha
Pond, and not in a nitrogen sensitive location. If this commission wishes to defer to the BOH, he will
obtain a letter from them to the effect that an I/A is not required. There are no groundwater issues. The
system would not be mounded, so the landscape would be returned to a natural state.
Keith Yankow, attorney
Chuck Lenhart
Public None
Page 1of6
Minutes for January 27, 2016, adopted Feb. 10
Discussion (4:09) Erisman — Asked how far from the pond the site is and about the brush.
Santos — About 1000 feet. The brush line is about 10 feet from the edge of the dune line; the area will
need to be clear cut, excavated, and put back; willing to supply a planting plan for that area.
Lenhart —'Me proposal is to replace what is there; right now it is beach plum, bayberry, briar, and some
grass. At least 10 or 15 feet wouldn't have to be touched during installation. There is no plan for a
cultivated lawn.
Erisman — With the progression of the ocean, she is still concerned about the nitrogen even though the
site is outside the district and go with the best technology; she wants to see a letter from BOH.
Steinauer — Asked staff how sensitive the salt ponds are to nitrogen.
Golding — Asked if heavy machinery would be on the edge of the bank.
Staff
Santos — No.
Steinauer — He would be willing to go with the BOH recommendation on this.
He double- checked the I/A requirement with the director of Health. The plants can be conditioned, plus
we have two weeks for them to supply that planting plan. Sesachacha Pond is brackish enough that
nitrogen is under control there; he doesn't believe this water would make it to the pond.
Motion Continued to Feb. 10 without objection.
Vote N/A
7. *Zarella —125 Wauwinet Road (12 -8) SE48-
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Sitting
Recused
Documentation
Representative
Public
None
Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Paul Santos, Nantucket Surveyors — For installation of a single row of seasonal sand -drift fencing to be
placed at the dune coastal beach interface. Do not have a Department of Environmental Protection
(DEP) number or received a response from NHESP. Asked for a continuance.
None
Discussion (4:26) Steinauer — He has received calls about the use of green metal posts; wants to ensure those aren't used.
Erisman — There seems to be a lot of sand migration back into the area during the winter storms.
Golding — Asked how far it is from the high -tide mark it is. He would like to see a plot plan. Asked why
the owner feels the need for this.
Santos — No pedestrian access will be impeded. Reasons are mean high water, erosion to the dune. It
would go in the beginning of January and come out late April.
Discussion about the plethora of sections of snow fencing in the area and the difficulty of enforcement.
Staff Asked if there are criteria, should the fence get buried, for its removal. The use of metal posts can be
condition as not to be used.
Motion Continued to Feb. 10 without objection.
Vote N/A
8. *Zarella — 129 Wauwinet Road (12 -4) SE48-
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative Paul Santos, Nantucket Surveyors — Basically a duplicate. Do not have a DEP number or received a
response from NHESP. Asked for a continuance.
Public None
Discussion See 125 Wauwinet Road discussion
Staff None
Motion Continued to Feb. 10 without objection.
Vote N/A
9. *Town of Nantucket — Quaise Road Layout (26 -13) SE48 -2852
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative Dave Fronzutto, Office of Emergency Management (OEM) and Safety Coordinated — These three NOIs
were born out of the adoption of the Coastal Management Plan (CMP) and are noted as the three most
critical erosion areas. Within the road layout, the area would be filled with rock, cobble, and sand. There is
a foot path going onto an adjacent property which would be closed off. The parking lot drains through
the path over the bank; they want to grade the slope away from the bank. The DPW will do the work.
There would be continuous monitoring as required by the CMP. Asked for a continuance.
Public Emily MacKinnon, Nantucket Land Council — It would be helpful if there were more information on
the CMP. She was under the impression that filling in the gully would be the area off the face of the bank;
asked the board if they are talking about coir logs on the face of the bank. Asked if the Department of
Public Works (DPW) would do the work. For this application and the next two it would be great to
condition or revise the plans showing additional grading conditions and have clear details of where plants
will go and a planting plan for the DPW employees to use.
Page 2 of 6
Minutes for January 27, 2016, adopted Feb. 10
Discussion (4:37)
Erisman — A soft solution would be sand or coir. This is becoming a hard structure.
Fronzutto — Part of the issue is that entire length of beach is hard armored and this is the return at this
end.
Bennett — If we hard armoring that access, it will care the erosion to another spot. Agrees about using
coir logs backed by sand.
Fronzutto — He would have used 300 cubic yards (CY) of dredged sand for the project but the abutting
property owners have turned it down. Explained that when Polpis Harbor was last dredged, the sand was
put on Quaise Point; the sand now being dredged is that sand wind blown off Quaise Point.
Erisman — Would prefer coir.
Bennett — Suggested a combination of coir and plantings.
Steinauer — Suggested a site visit.
Clarification that the gully is what is running perpendicular to the bank.
Staff
The material coming from the bank, which is glacial till; what's coming out of the harbor is probably more
sand than silt. Asked if the board is leaning toward a softer solution such as coir or jute; or would it be
more desirable to fill the gully with material similar to the bank. He will schedule a site visit for Feb. 8.
Have to continue, haven't heard from Massachusetts Natural Heritage.
Motion
Continued to Feb. 10 without objection.
Vote
N/A
10. *Town of Nantucket — Madaket Road Layout (adjacent 60 -140) SE48 -2854
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused
None
Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative Dave Fronzutto, OEM and Safety Coordinated — This very similar to the previous. Explained the erosion
issue of the blacktop and bank. The proposal is to remove the blacktop so that the water won't pool thus
creating a gully. Are considering what to do if the intersection and access to T\ illie's Bridge is lost as that
would be a public safety issue. The proposal here is to remove the road 15 -feet back from the bank,
relocate the Jersey barriers to Ames Street, fill the slope with rock /rubble /sand, establish a sacrificial sand
berm, and install signage redirecting access to Chicago Street. He wants the project to be conditioned so
that the Town is forced to maintain the protective berm to prevent future overwash to the road. Again a
site visit would be helpful. Stated that he has 9000 CY from Polpis Harbor to use for the sand budget.
Public Lourinda LeCain, Sea Breetie — The erosion rate is about 30 feet since October. The water rushes down
the road and takes out the dunes.
Discussion (4:52) Erisman — She is concerned about the idea of filling with sand rock and rubble; also she has seen the
Staff
crushed asphalt the DPW has been using. She would like more details on the plants and how they will
stop rain water rather than using scacrificial sand.
Fronzutto — He has talked to the DPW Director about not using milled asphalt; that should be included
as a condition.
Golding — The erosion rate in that area is significant.
Fronzutto — Erosion in this area is averaging about 11.2 feet a year. Asked for a continuance.
One idea from the CMP was to identify areas where previous disturbances are causing more harm than
benefit; this and Hummock Pond were identified with the idea coming from the CMP that before we look
at armoring, remove the disturbance and replant with beach plum and bayberry at the top of the bank and
get the water to grade away from the bank. He will add this to the Feb. 8 site visit. The Madaket area is
highly subject to erosion.
Motion Continued to Feb. 10 without objection.
N/A
*Town of Nantucket — Hummock Pond Road (Adjacent 83 -30) SE48 -2853
Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Vote
11.
Sitting
Recused
Documentation
Representative
Public
None
Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Dave Fronzutto, OEM and Safety Coordinated — This too is a project generated by the CMP. The
conditions at the end of the road are similar to the end of Madaket Road. The better news is that this
won't end up being a public safety issue. The proposal is to move the Jersey barriers 60 feet, break down
the blacktop, fill the gully, back the barriers with sacrificial sand, and redirect public access to Cisco Beach.
None
Discussion (5:02) Erisman — Again, she would like to see a significant planting plan. Vegetation breaks up the rain flow.
Champoux — The common thread with these three projects is getting to the route of the grading issue.
Steinauer — People will still park on the street and use this as an access; beach stairs might be beneficial.
Erisman — Would like to see aerial photos from about 15 years ago to see the level of erosion.
Staff An original concept was to bring it back to the angled -in parking and fence off the section directing
everyone to a single point. He will add this to the site view list.
Motion Continued to Feb. 10 without objection.
Vote N/A
Page 3 of 6
Minutes for January 27, 2016, adopted Feb. 10
B. Amended Orders of Conditions
1. Ceylon Elves, LLC — 286 Polpis Road (25 -33) SE48 -2761
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Recused None
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — The landscaping plan has now been finalized, which
we are requesting to be included. The initial proposal was to replace the hedge wall with a culvert to a box
culvert and create some wetland area; in finalizing the landscape plan, it was determined that the
installation of that culvert would require a lot of excavation and work; we came up with a span -bridge
design using driven piles. That would limit the excavation to creating the ditch enough to hold the piles
and shift three feet from the approved location. Explained how the work would be done. The work area is
a good distance from the existing wetlands. The bridge will sit fairly high so sunlight will get to the edges.
The septic has been installed outside the 25 -foot buffer though the location shifted slightly. A small
portion of the pool fence will be about 35 feet from the edge of the wetland. There had been a lot of
discussion about fertilizer use, which was conditioned in the order; the owner has voluntarily restricted all
fertilizer use within the 50 -foot buffer. ridded a pool equipment shed outside the 50 -foot buffer. Moving
a couple of retaining walls from one side of the cottage to the other. The owner will maintain an existing
path that accesses Land Bank property; that has been added to the plan.
Public
Discussion (5:09) Erisman — risked why the pool fence isn't closer to the pool; it should be outside the 50 -foot buffer. Also
asked how far the lights are from the wetland.
Gasbarro — It would be hard to get around and use the space if the fence were closer to the pool. The
lights are outside the 25 -foot buffer.
Golding — He would like there to be a standard for the plans; these are not very legible; asked where the
lights are shown.
Gasbarro — The lights are shielded down as indicated on the light fixture specification. Suggested
conditioning the fence at 40 or 45 feet minimum setback from the wetland; 50 feet would be very difficult.
Erisman — All these small things add up. She doesn't want to justify a waiver for something people
"want." They chose a pool of a certain size that close to the wetland.
Bennett — Ms Erisman made a good point.
Consensus agrees it would be appropriate to condition it to adhere to standards and that the bridge is
more beneficial.
Staff A lot of it would have qualified as a minor modification; the addition of changing the culvert to a bridge
change and the pool fence required an amended order. The draft of the original order is included in the
packet. This approval could be conditioned that the pool fence is outside the 50 -foot buffer. Need to
close the hearing first.
Motion Motion to Close. (made by: Golding) (seconded by: Bennett)
Vote Carried unanimously
Discussion (5:34) Staff — Reviewed the draft order: added condition 20 monitoring report for culvert changed for the
bridge. Will add Condition 24: pool fence shall be constructed greater than 50 feet from the resource area.
Erisman — Asked if a condition needs to be added about native species and no cultivars.
Staff — Will add that under Condition 25.
Champoux — Asked for a the standard condition about fertilizers.
Discussion about whether or not it possible to regulate the use of pesticides for mosquitoes within the
buffer of resource areas.
Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Topham)
Vote Carried unanimously
III. PUBLIC MEETING
A. Minor Modifications
1. Oakhill Investments LLC, 341A Madaket Road (60.2.4 -64.5) SE48 -2828 (Cont. 02/10/2015)
Staff This was filed before the appeal was filed; it is not eligible to be modified until that is resolved.
B. Certificates of Compliance
1. Merson — 71 Baxter Road (49 -26.1) SE48 -2721
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This was to plant beach grass on his section of `Sconset Bluff south of the project. It is complete and in. It
is fine with the exception that since it is new, Condition 19, monitoring, be on going.
Discussion (5:39) None
Motion Motion to Issue with on -going Condition 19. (made by: Golding) (seconded by: Bennett)
Vote Carried
Page 4 of 6
Minutes for January 27, 2016, adopted Feb. 10
2. Doughtery — 23/25 Pilgrim Road (41 -98) SE48 -2563
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff For construction of a single - family dwelling, retaining wall, pool, pool house and landscaping. All is done.
He would like to keep Condition 19 because during the cutting and mowing stuff was being dumped off
site into the buffer zone of the pond.
Discussion (5:41) None
Motion Motion to Issue with on -going Condition 19. (made by: Champoux) (seconded by: Bennett)
Vote Carried unanimously
3. Nantucket Island Land Bank — 22 Cathcart Road (34 -68) SE48 -2810
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This was for construction of the expanded parking at the end of Cathcart Road. It is complete and stable.
The Land Bank are maintaining a straw waddle along the edge of the wetlands on the opposite side.
Condition 19 is for photo monitoring and recommend it be on- going.
Discussion (5:43) None
Motion Motion to Issue with on -going Condition 19. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
C. Orders of Condition
1. The Maggie Westchester TR — 20 West Chester Street (42.4.3 -58.1) SE48 -2846
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Closed last meeting for moving the house closer to West Chester Street and preserve the root cellar and
large elms and restoration of buffer zone in the back. Has conditions for no -fill is permitted and no
fertilizer or irrigation; added Condition 21 that if an invasive species is removed it is to be properly
disposed of. Condition 22 is for photo monitoring of the restored area.
Discussion (5:44) Golding — We had discussed flooding and monitoring the rain water; asked if it is possible to add that.
Staff — Flooding of the street is not related to the structure; it's not possible to ask a private citizen to
monitor a situation in a public way. The roof runoff and impervious surface runoff are getting captured
and infiltrated into the bed beneath the patio; it shouldn't contribute to the problem in the road.
Erisman — Asked about the capacity of the system under the patio.
Staff — They submitted an extensive flooding report to justify the size of the system.
Golding — Asked if the operation of that system could be monitored to ensure it works.
Staff — If it doesn't work, that is a failure. It is designed to meet the 100 -year storm, 7 inches in 20 hours.
The system is contained on site and will not drain into the Town system or the pond.
Erisman — Asked if there is a condition requiring use of native species for the wetland restoration.
Staff — The will be Condition 23.
Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
D. Extension /Reissue for Order of Conditions
1. JAWS Hummock Pond NT - 289 Hummock Pond Road (83 -4) SE48 -2517
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff This project is at the end of Mothball Way for sand drift fencing. The area has come and gone with the
fence being replaced several times. Asking for an extension in the event it happens again they can come in
as a minor mod. Recommends issuing.
Discussion (5:52) None
Motion Motion to Issue three 1 -year extensions. (made by: Golding) (seconded by: Bennett)
Vote Carried unanimously
2. Hither Creek Boatyard — 20 North Cambridge Street (38 -15) SE48 -2109 (Reissue)
3. Hither Creek Boatyard — 20 North Cambridge Street (38 -15) SE48 -2141 (Reissue)
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham
Staff Both of these applications had the incorrect title reference which was carried over to the form. The
commissioners need to resign that front pages.
Discussion(5:54) None
Motion Motion to Reissue both Orders of Conditions. (made by: Topham) (seconded by: Bennett)
Vote Carried unanimously
Page 5 of 6
Minutes for January 27 2016 adopted Feb. 10
E. Other Business (5:56)
1. Approval of Minutes: 01 /13/16 —Approve by unanimous consent.
2. Monitoring Reports: Staff — There are no monitoring reports at this time. Explained a program is being developed
to track monitoring reports that would indicate when letters should out to the representatives of projects that have
monitoring reports conditioned. Also, if a property comes in with a another application, we know if they are
current on the reports.
3. Reports:
a. CPC, Golding — None
b. NP &EDC, Bennett — None
c. Mosquito Control Committee, Erisman — Her appointment to the committee needs to be approved by the State.
4. Commissioners Comment
a. Golding — Asked about an enforcement for Fargo Way. Staff — Waiting for more information; they have
monitoring reports to provide as well.
b. Steinauer — The MRCP conference is coming up. Urged the others to go at least once. Staff — They offer
webinars. If a member wants to go, the Town can pay the registration fee. It's on a Saturday at Holy Cross.
c. Steinauer — Asked Mr. Carlson to talk to the Zoning Board of Appeals about ConCom's lack of issues with
Surfside Commons 40B, 106 Surfside Road. Staff — There are no ConCom jurisdictional areas involved; he is
planning to attend the site visit and members are welcomed to go.
d. Steinauer — He has been working with Ms McKinnon on the Biodiversity Initiative to bring Seth Wilkinson out to
do a 4- credit class for pesticide applicators on environmentally ways to control species. Would like all members to
attend. They haven't set a date yet.
e. Erisman — At Monomoy, there is a floating dock left of the pedestrian access which moved 150 yards towards
The Creeks. She believes the next storm will put it in The Creeks. Staff — The best course of action is to get in
touch with the Harbormaster; she has a record of who has boats, floats, and moorings and has the ability to
remove hazards to navigation and safety.
f. Golding — He wants to bring up the issue of documents on the IPad that are not legible. Staff — The easiest way
to take care of this is to put together a draft minimum standard for submittals to be discussed at the next meeting.
This board is scheduled for the next round of new IPads.
5. Administrator/ Staff Reports
a. The meeting on Feb 24, he will be on vacation for that week. He will have to go over prior to that what will
happen.
Motion to Adjourn: 6:13 p.m.
Submitted by:
Terry L. Norton
Page 6 of 6