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HomeMy WebLinkAbout2015-12-16 Minutes for December 16,2015,adopted Dec.30 �T � CONSERVATION COMMISSION JAN 7 201 Py2:29 ,,. PUBLIC MEETING ;,, -. l, 2 Bathing Beach Road 7 2016 r,e 1, �o r•' Nantucket,Massachusetts 02554 � �09�,OAA'I0\-v..,::- " wwv.nantucket-ma.goa r€ E „__: -- Wednesday,December 16,2015 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 4:02 p.m. Staff in attendance: Jeff Carlson,Natural Resources Coordinator Ibltd Attending Members: Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Town & County Building Absent Members: None 16 Broad St Late Arrivals: None Nantucket, MA 02554 Earlier Departure: Topham,5:52 p.m. Agenda adopted as amended by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment—Emily MacKinnon,Nantucket Land Council—A possible violation at 10& 12 Monomoy Creek Road,it looks like dewatering activity going on adjacent to a wetland.There is no mention of dewatering in the permits. II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT—1 Brock's Court(42.3.4-84)SE48-2834(Cont to 12/30/15) 2. Edwin Snider RT—1 Brock's Court(42.3.4-84) SE48-2835 (Cont to 12/30/15) 3. Zcchcr 34 Shimmo Pond Rd(43 124)SE48 2811 4. Cigarran—25 East Tristam Avenue(31-1) SE48-2840 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 Arthur D.Gasbarro,Blackwell and Associates Inc.—For raising the top of the bulkhead 18 inches.In discussion w the owner,didn't see a feasible alternative to provide access over the top.There is an on- going condition from the initial order of conditions. Still feel this is the least intrusive means of raising the bulkhead. Public None Discussion(4:08) Erisman—She is concerned that raising this disconnects the public from the wetland scenic views;it creates a wall. Steinauer—Asked how tall the bulkhead will end up being. Gasbarro—The height is between 6 and 7 feet. Golding—His concern is approving this sets a precedent for these structures to get higher and higher. Also,he does not see that the house is in any danger.He asks for a negative consideration. Champoux—He doesn't see that raising it can cause any more damage than is already occurring. Steinauer—The WPI student presentation talked about an increase in the storm surge of up to 36 inches in the not-too-distant future. Golding—Asked about coir on top,which would release sand into the system during a storm. Gasbarro—Coir tubes require increased maintenance and are more intrusive in size. Discussion comparing this to the repair/raising of the Easy Street bulkhead,which Mr. Golding pointed out is not a sediment source. Erisman—We need to establish a criteria as to when this structure has failed and not continually permit raising the height. Bennett,Champoux,and Topham are all in favor of this. Staff Read the Scenic wetland public view performance standard.Reminded the commissioners that this bulkhead was legally permitted and legally in place.The actual resource area is the sand behind bulkhead itself,which is a coastal bank. One interest a coastal bank protects is storm-damage protection.Have everything needed to close. Motion Motion to Close. (made by:Bennett) (seconded by:Champoux) Vote Carried unanimously Representative Arthur D. Gasbarro,Blackwell and Associates Inc.-Requested this be reopened and continued due to the fact that if it is closed,it cannot be signed within the 21 day deadline. Page 1 of 6 Minutes for December 16,2015,adopted Dec.30 Motion Motion to reopen. (made by: Champoux) (seconded by:LaFleur) Vote Carried unanimously Motion Continued without objection to January 13. Vote N/A 5. Allison-7 Pond Road(56-153) SE48-2845 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 None Public None Discussion(4:26) None Staff This didn't have a file number at the last hearing;there had been no questions at that hearing.This is for the construction of a shed 65 feet from a wetland. Motion Motion to Close. (made by:Champoux) (seconded by:Topham) Vote Carried unanimously 6. Forty-Seven Monomoy Road TR—47 Monomoy Road(54-295) SE48-2843 (Cont to 12/30/15) 7. The Maggie Westchester TR-20 West Chester Street(42.4.3-58.1) 5E48-2846 Sitting Steinauer,Bennett,Erisman,LaFleur,Golding,Topham Recused Champoux Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Brian Madden,LEC Environmental—Raise and rebuild a single-family dwelling;resource area is a bordering vegetated wetlands.New footprint is farther from the wetlands.The current foundation has a permanent dewatering system discharging to the wetland.The proposed will be set on a slab.There is structure being moved farther from the wetland;in addition,they are removing the permanent dewatering system,which is discharging directly to the wetland.During instillation of the piers,there will be a need for temporary dewatering pumped to catch basins within West Chester Street as authorized by Department of Public Works (DPW).There is Japanese knotweed along the boundary of the wetland; proposing invasive management there and will replant with high-bush blueberry.There is proposed subsurface infiltration system north of the house and under the patio.Ideally they would like a wall of plantings along the buffer zone. Don Bracken,Bracken Engineering,Inc.—Explained how the structure will be anchored.There have been changes in the area that have affected the flow of water resulting in a lot of standing water;hopefully this will help some.The Town has added a drainage pipe that helps.Asked to continue to January. Public Leo Asadoorian,Blackwell and Associates Inc.,for 6&8 West Chester Street—His client's concern is the affect on the runoff.They have been in discussion with the DPW about improving the situation. There are 3 basins in the street in front of the property;they blocked the pipe to the catch basin;a new 8" line that dumps out onto his client's property;that 8"line is not adequate.There is an increase of runoff and ponding.The removal of the sump pump is an improvement,but his client is looking for more mitigation.We need to get rid of the surface water runoff and any high ground water without affecting the wetlands. Candace Johansson,6&8 West Chester Street—We have seen a dramatic decline in the water drainage condition of the property over the last year. Concerned about the coverage of the property make a bad condition worse.Respectfully asked the commission to ensure the situation doesn't get any worse. Whitney Gifford,Reade,Gullicksen,Hanley&Gifford LLP—We want to make sure the dewatering gets into an effective catch basin and not the one that goes around the corner and comes right back. Discussion(4:28) Golding—This is a new house.We wouldn't be considering this under these conditions in terms of how it is close to the wetland. Steinauer—Noted that the owner could just leave the structure there with the pump and dewatering;this proposal is improving the situation. Erisman—Without increasing the buffer zone and with the patio,doesn't think they are improving the situation.The patio funnels the water. Steinauer—And they are adding the infiltration system. Bennett—The coverage within the 25 is decreased about 80 square feet;between 25&50 the increase is about 390 square feet,this is an area we don't want to see an increase. Golding—Wondered if the area could get to the point where water running into the wetlands decreases. Erisman—Nantucket's management of water is poor,in her opinion. She believes everyone needs to do a better job of having plants that absorb water year round.This commission could do a better job with storm water management.Asked about the location of the infiltration chambers proximity to trees. Bracken—They will be located in the field and are only about 2.5 feet wide and go down no more than 12 inches;they are shallow. Further discussion about the issue with storm water and construction around the Lily Pond that has exacerbated the situation and what might and is being done to mitigate it. Erisman—Suggested increasing the buffer using plants that absorb water,not more piping. Bracken—The owner will he willinu to do plant water-absorbinu vecetation Page 2 of 6 Minutes for December 16,2015,adopted Dec.30 Steinauer—We are asking them to keep the house closer to the wetland to protect the trees;but the wetlands are under our protection and not trees. Erisman—Those trees absorb water. Bennett—Being so close to the wetland,asked how far they would be digging down;his concern is drainage of the wetland. Staff The patio doesn't require waivers;the waivers are for the house,landscaping work within the 25, separation from groundwater,and altering greater than 50%of the area between the 25-and 50-foot buffers.The storm water is a problem on all four sides of Lily Pond and has to be addressed;this is a very densely developed area. Sometimes elements,such as the trees,outside the buffer are contributing under the Performance Standards to the resource area and can receive equal protection.The buffer zone enhancement should tie into the neighbor's buffer zone enhancement and reflected on the plan of record. In this case they are dealing with true ground water,not layer water. Motion Continued without objection to January 13. Vote N/A 8. *Daniel Counihan—11 Swain Street(42.4.11-77)SE48- Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site plans,topographical maps,photos,MINE sign off letter,departmental reports,and correspondence. Representative Don Bracken,Bracken Engineering,Inc.—consists of relocating and raising a SFD within a coastal flood zone elevation 7;ground elevation is 3.5 or 3.7;moving the house closer to the street and adding an addition off the NW corner;adding exterior stairs,patio and underground propane tanks. Crawlspace floor will be above grade.No grade change.Asked for a continuance. Public None Discussion(5:10) None Staff Waiting for a file number.Will draft a positive order Motion Continued without objection to December 30. Vote N/A 9. *Andrea W.Hoff Revocable TR—99 Cliff Road(30-627)NAN-124 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 Don Bracken,Bracken Engineering,Inc.—This request is to continue the driveway and create parking areas and construct a garage.The main house and other improvements are outside the 100-foot buffer zone.The driveway will be pervious using shell or peastone,more likely shell. Garage will have roof drains going into a dry well located in front of the garage.Adding a berm at the 25-foot buffer to the wetland. Public None Discussion(5:13) Erisman—Would like the driveway pulled away from the 25-foot buffer.Her concern is oil and gas- products leaching into the wetlands. Staff The wetland in front of the lot was constructed as part of the Cliff Road Bike Path;and might not have been constructed correctly by the State.No waivers are required.Have everything needed to close. Motion Motion to Close. (made by:LaFleur) (seconded by:Bennett) Vote Carried unanimously 10.Bewkes III—67 Squam Road(13-14) SE48-2836 Reopened Sitting Steinauer,Bennett,Erisman,LaFleur,Golding,Topham Recused Champoux Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Arthur D. Gasbarro,Blackwell and Associates Inc.—He asks the hearing be reopened to discuss placement of the silt fence. Staff (5:18) Discussed and deliberated an Order of Conditions for the property from which a negative order was requested.The applicant is asking to reopen to submit supplemental information or withdraw.Need a positive vote of the board to reopen to take in the information.They have provided a revised plan. Motion Motion to Reopen. (made by:Bennett) (seconded by:LaFleur) Vote Carried unanimously Representative Arthur D. Gasbarro,Blackwell and Associates Inc.—Reduced the proposed addition down to 54 square feet and relocate the retaining wall.The 2nd-floor deck will remain.Still proposing to remove the shed. The net increase of square footage within the 50-foot buffer is now 5 feet.Also proposing a vegetated buffer between the lawn and wetland that is 100 times larger than the net increase.A silt fence will be placed at the 15-foot point and a second to delineate the edge of construction. Public None Page 3 of 6 Minutes for December 16,2015,adopted Dec. 30 Discussion Erisman—Wonders how much impact there will be from parking in the vicinity of the wetlands. She would like a before and after impacted soil study.The buffer zone is as important as the actual wetland. Gasbarro—There will be compaction of the soil but at the end of work new topsoil will be laid for plants. Steinauer—We should have a plan that shows the location of the driveway and garage. Golding—He's curious about the depth of the topsoil. Gasbarro—It's 6 inches no more than 8 inches.They would scrape and haul the top soil off site only upland of the second silt fence.He would ask for a waiver for work inside the 25-foot buffer. Golding—Suggested removing the compacted topsoil after construction. Steinauer—They are better off removing it first. Golding,Bennett,LaFleur would support this. Staff That is an area that is presently developed. Motion Motion to Closed. (made by: Golding) (seconded by:LaFleur) Vote Carried unanimously B. Amended Orders of Conditions 1. *Heaven Hills LLC—13 C Street(60.2.1-76) SE48-2187 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham Recused None Documentation Site and topographical plans,photos,requisite departmental 1 reports and correspondence. Representative Arthur D. Gasbarro,Blackwell and Associates Inc.—The plan now before the board has the HDC- approved structure.They are still working within the same limit of work and removing two sheds exiting within the 25-foot buffer creating a net decrease of ground cover between the 25-and 50-foot buffers. It is a reconfiguration of the layout. Public None Discussion(5:36) None Staff None Motion Motion to Close and Issue. (made by:Bennett) (seconded by:LaFleur) Vote Carried unanimously III. PUBLIC MEETING A. Request for Determination of Applicability 1. Cosay—141 Cliff Road(30-1,2,3,4,5,6,7) 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 None Public None Discussion(5:39) Steinauer—The disturbance is minimal. Staff This is for the construction of an addition to an existing shed that straddles the 100-foot buffer;when they remove the existing set of aluminum beach stairs,there is a place to store them.There are no new areas of disturbance. One shed houses the generator and the other is a utility shed.Recommend this be issued with a Negative 3 for work in the buffer zone. Motion Motion to Issue as recommended. (made by:Bennett) (seconded by: Champoux) Vote Carried unanimously B. Minor Modifications 1. Oakhill Investments LLC,341A Madaket Road (60.2.4-64.5) SE48-2828 (Cont to 1/13/16) 2. Michael M. O'Connor Trustee—40 Pocomo Road(14-37)NAN-120 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 David M. Haines,Haines Hydrogeologic Consulting—The front porch has been reduced to move the mass of the house away;but adding two sets of stairs,cellar stairs,and outdoor shower.Everything is outside the area of original work.Nothing else is changing. Public None Discussion(5:42) Erisman—Asked if the silt fence has been fixed. Haines—He's been working on it;he fixes it and it blows down.This time he will ensure it is toed up with more staples. Where the cellar hole is,they took the topsoil off around the foundation;there is topsoil between the construction and silt fence that acts as a lip. Staff Recommends this qualifies as minor modification. Motion Motion to Approve as a minor modification. (made by:Bennett) (seconded by: Champoux) Vote Carried unanimously Page 4 of 6 Minutes for December 16,2015,adopted Dec.30 3. Goose Cove,LLC—4 Goose Cove Way(59.4-30) SE48-2817 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 Don Bracken,Bracken Engineering,Inc.—This is the same limit of work and grading;the patio area is farther from coastal bank.The septic tanks will be behind the garage just inside the 100-foot buffer.The lot line has changed. Public None Discussion(5:47) None Staff Original conditions contain the pool discharge condition.A vegetated buffer is required and they still have to submit the final planting plan. Motion Motion to Approve as a minor modification. (made by:Erisman) (seconded by:LaFleur) Vote Carried unanimously 4. 181 Taurus TR- 181 Eel Point Road(33-21) SE48-2788 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Recused None Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence. Representative Brian Madden,LEC Environmental -The locations of the structures are changing;all work is still outside the 50-foot buffer;the limit of work is only changing in the 100-foot buffer. Public None Discussion(5:52) None Staff Recommends this qualifies as minor modification. Motion Motion to Approve as a minor modification. (made by:Bennett) (seconded by:LaFleur) Vote Carried unanimously C. Orders of Condition(5:54) 1. Bewkes III—67 Squam Road(13-14)SE48-2836 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Staff Drafted a positive order added photo monitoring of the buffer and licensed fertilize applicator supplying reports; suggested this should become a standard condition.Will add Condition 22 about the topsoil. Discussion Erisman—Would like fertilizer condition to add"native cultivars". Motion Motion to Issue as amended. (made by:Golding) (seconded by:Bennett) Vote Carried unanimously 2. Zecher—34 Shimmo Pond Road(43-124) SE48-2841 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Staff This has photo monitoring and reports on the condition of bulkhead and sand placed and monitoring to ensure the corner is doing its work. Discussion None Motion Motion to Issue. (made by: Golding) (seconded by:LaFleur) Vote Carried unanimously 3. Allison-7 Pond Road(56-153) SE48-2845 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Staff Standard conditions. Discussion None Motion Motion to Issue. (made by:LaFleur) (seconded by: Champoux) Vote Carried unanimously 4. *Andrea W.Hoff Revocable TR—99 Cliff Road (30-627)NAN-124 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Staff Added a finding that amenities are outside the ConCom area of jurisdiction. Discussion None Motion Motion to Issue. (made by:Golding) (seconded by:LaFleur) Vote Carried unanimously 5. Cigarran—25 East Tristam Avenue (31-1) SE48-2840 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Staff He will draft a positive order. Discussion Discussion about whether or not there will be quorum on 12/30/15 to vote and sign the Order of Conditions. 6. *Daniel Counihan—11 Swain St(42.4.11-77) SE48- Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Staff He will draft a positive order. Discussion None Page 5 of 6 Minutes for December 16,2015,adopted Dec.30 D. Extension of Order of Conditions 1.Nantucket Land Bank—48/50 Tennessee Ave (5934-92,93&200) SE48-2194 Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding Staff Requesting a 1-year extension to complete the work. Site prep has started.It is scheduled to expire on January 27,2016. Discussion(6:08) None Motion Motion to Issue 1-year extension. (made by:Bennett) (seconded by:LaFleur) Vote Carried unanimously E. Other Business 1. Approval of Minutes a.Approvel2/02/15:Approved by unanimous consent. b.Motion to amend previously adopted minutes of November 18,2015: delete Item IILA and Item III.A.1. Change III.B to III.A and subheadings accordingly; change comments under Item III.B.1 (now III.A.1) to indicate it was continued and Item III.B.2. (now III.A.2) to reflect comments formerly attributed to Item III.A.1 and no change to Item IILA.3. Item II.A.9 change Staff comments to, "Read a letter From Robert Ernst at 4 Quarter Mile Hill asking for disapproval." Motion to Accept the amendments to the previously approved minutes of November 18, 2015. (made by: LaFleur) (seconded by:Bennett) Carried unanimously 2. Reports: a. CPC,Golding-nothing b.NP&EDC,Bennett-nothing c.Mosquito Control Committee,Erisman-nothing 3. Commissioners Comment a.Bennett—The Polpis Harbor Group met. A couple of things came up. The split-rail fence off Wauwinet Road access was installed and it looks nice.They are still battling over which entry Community Sailing should use.They talked about putting in steps down from Nantucket Islands Land Bank parking lot because one concern is the Polpis Road entrance is an active area. He took a look at the area. The boat rack ends right at the marsh; at high tide there is no beach. He questions if the stairs can end below the mean tide water, it wasn't even a lunar tide. Carlson—Stairs ending below mean high water would require an Army Corps of Engineers permit. 4. Administrator/Staff Reports a. Stated that for the meeting of 1/13/2016, he will try to schedule 'Sconset Beach Preservation Fund to present their as-built.The as-built requires cross sections of the template to show the amount of sand placed. b.Received a report about a cutting done at the end of Crows Nest Way into the wetlands. He needs to investigate; if it was done,he will issue an enforcement action. c. Had issued out an enforcement action in regards to the brick walkway between Jack Wills and Fog Island; he hasn't heard back. The next step is for the board to authorize staff to start counting or issuing fines. Motion to Authorize Staff to issue fines. (made by:Erisman)Adopted without objection. d.Oakhill Investments,341A Madaket Road,appeal:That is a civil suit and does not involve the ConCom. Motion to Adjourn: 6:21 p.m. Submitted by: Terry L.Norton Page 6 of 6