HomeMy WebLinkAbout2016-2-10Minutes for February 10 2016 adopted Feb 24
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket- ma.gov
Wednesday, February 10, 2016 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 4:04 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator
Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Absent Members: Golding
Late Arrivals: None
Earlier Departure: None
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment: Carlson —The Board of Selectmen workshop today will be focused on water quality and the
Comprehensive Wastewater Management Plan; the workshop starts at 6 p.m.
II. PUBLIC HEARING
A. Notice of Intent
1. Lily Pond R.T. — 27 North Liberty Street (41 -158 Lot A) SE48 -2678 (Cont. 03/23/2016)
2. Lily Pond R.T. — 29 North Liberty Street (41 -158 Lot B) SE48 -2677 (Cont. 03/23/2016)
3. Lily Pond R.T. — 31 North Liberty Street (41 -158 Lot C) SE48 -2679 (Cont. 03/23/2016)
4. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2834
5. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2835
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused None
Documentation Site plans, topographical maps, photos, TNINH sign off letter, departmental reports, and correspondence.
Representative Mark Rits, Site Design Engineering — His team received a letter at 5:42 p.m. on February 9 from an
abutter; it had a delineation that was different than the delineation available at the site visit. His team
wants time to evaluate that information. Asked for a continuance.
Public Gavin Coekfield, Davis Malm & d'Agostine, for Marsh Fader — This has been extended multiple
times. Feels it is inconsiderate to those of the public who make an effort to attend especially those who
have travelled a long distance. Stated that the information the representative received was neither new nor
unanticipated. Stated that the applicant had all necessary information for several weeks. Asked the board
to indicate this will not be continued any further. It looks like the entire property for the location of the
house is a resource area.
Discussion Steinauer — This is a complicated situation and the board wants to get it right and ensure that all
information is available to everyone. Pointed out that it is the applicant's right to ask for a continuance.
Discussion about board members who might not be able to attend the next meeting.
Staff None
Motion Continued to 2/24/2016 without objection.
Vote N/A
6. Quidnet Properties, LLC — 84 Quidnet Road (21 -100 & 101) SE48 -2855
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused None
Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative Paul Santos, Nantucket Surveyors — The Board of Health has indicated they will not require an I/A
system for this site; that letter is on file. They have not yet heard from Natural Heritage Endangered
Species Program (NHESP). Asked for a continuance
Public None
Discussion (4:17) No discussion at this time
Staff None ao'w n l i r
Motion Continued to 2/24/2016 without objection. Town & County Building J A ~
Vote N/A 16 Broad St
Nantucket, MA 02554
Page 1 of 6
lllinutes for February 10, 2016, adopted Feb. 24
7. Zarella — 125 Wauwinet Road (12 -8) SE48- 2856
8. Zarella — 129 Wauwinet Road (12 -4) SE48- 2857
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused None
Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative Paul Santos, Nantucket Surveyors — He is awaiting the NHESP response. Asked for a continuance.
Public None
Discussion
No discussion at this time.
Staff
None
:Motion
Continued to 2/24/2016 without objection.
Vote
N/A
9. Town of Nantucket — Quaise Road Layout (26 -13) SE48 -2852
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
None
Documentation
Site plans, topographical maps, photos, IINH sign off letter, departmental reports, and correspondence.
Representative
Dave Fronzuto, Office of Emergency Management (OEM) and Safety Coordinator — Erosion damage by
recent storms was not so severe as anticipated. However, believes a site visit might be a benefit as end
scour is severe. Sand from dredging projects will be used as sacrificial sand on these projects; grading
starts '/2 inch from the top of the bank; plantings include beach grass and a shrub and seed mix. If the
board wants a site visit, he will ask for a continuance.
Public
Lucy Dillon — Asked if this has been surveyed as the GIS is not correct. On February 2, she took photos
showing the foot path access with indications of vehicle traffic down to the beach.
Discussion (4:25)
Erisman — Suggested getting the Department of Public Works in so that ConCom can explain what sort
of "rubble" is appropriate for use in resource areas.
Staff
Will schedule the site visit for Tuesday, February 16 at 3 p.m. The shrub component of the planting plan
is small clusters of bayberry or beach plum. Reviewed the seed mix, which is salt tolerant. This can be
conditioned for the use of a post and rail or boulders to prevent vehicles from driving onto the beach. He
will draft a positive order.
Motion
Continued to 2/24/2016 without objection.
Vote
N/A
10. Town of Nantucket — Madaket Road Layout (Adjacent 60 -140) SE48 -2854
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
None
Documentation
Site plans, topographical maps, photos, ININH sign off letter, departmental reports, and correspondence.
Representative
Dave Fronzuto, OEM and Safety Coordinator — There are aerials in the packet showing the erosion since
1998. Reviewed the proposal: remove the black top, fill the gully, move the jersey barriers and backfill
with sand, and place sacrificial sand. All the work is within the road layout. This is critical because of the
threat to Ames Street, which is the only access for residents of Smith's Point. Sand from dredging projects
will be used as sacrificial sand on these projects.
Public
Anne Menz, 8 Ames Street — There was a wash over from the ocean into the creek this past storm.
Charlie Stott, 42 Long Pond Drive — Supports this initiative as long as there are no adverse impacts.
Bruce Mandel, 10 Midland Avenue — Took a video of the asphalt; Madaket Road has eroded significantly
resulting from Monday's storm. Thinks the project should be engineered to protect the Chicago beach
parking where the dune is also eroding. There are tanks, wires, pipes, other infrastructure exposed along
Madaket beach. He supports moving forward with this as soon as possible.
Ruth Hodges, 6 Ames Ave — Expressed her concern about the erosion and the need to move forward
with this.
Discussion
Erisman — The sea levels are rising and the storms are getting worse; that is our future.
Steinauer — Asked about efforts to infiltrate water coming down the road.
Fronzuto — There is no storm drainage out there; there is a need to install a catch basin at the end of
Ames Street.
Discussion about including this in the site visit.
Steinauer — Asked that Mr. Mandel's pictures and video be forwarded for inclusion in the packet.
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Bennett) (seconded by: Champoux)
Vote
Carried unanimously
Page 2 of 6
Minutes for February 10,2016,adopted Feb.24
11.Town of Nantucket—Hummock Pond Road (Adjacent 83-30) SE48-2853
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative Dave Fronzuto,OEM and Safety Coordinator —The situation is similar to Madaket but not so critical.
Same protocols as for Madaket.Work has to be done by June 1 on all three projects.Would like to have
this closed today.Sand from dredging projects will be used as sacrificial sand.
Public None
Discussion Discussion about including this in the site visit.
Erisman—Asked about signage.
Fronzuto—Reviewed the signage for alternate routes and explaining the work.
Staff Have everything needed to close.
Motion Motion to Close. (made by:Bennett) (seconded by: Champoux)
Vote Carried unanimously
12.*Kafer—143 Wauwinet Road(11-8) SE48-2858
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,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 upgrade of existing septic to an I/A system
mounded to 5 feet;work is within the barrier beach area and 100-foot buffer to isolated vegetated
wetland.Requesting a waiver to allow the septic system within the 100-foot buffer on the basis of long
term net benefit and no reasonable alternative.Will use sand fill and beach grass.
Public None
Discussion(4:52) Steinauer—Asked about the groundwater and the direction it flows.
Staff Had a similar application down the beach from here in which they spent a great deal of time trying to
determine the direction of the groundwater flow;the result was indeterminate.This board determined that
when within the barrier beach to go with an I/A system.Have everything needed to close.
Motion Motion to Close. (made by:Bennett) (seconded by: Champoux)
Vote Carried unanimously
13.*Five on a Dime LLC—8 Pilgrim Court(41-217.3;217.4&Portions of 217) SE48-2859
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative Mark Rits,Site Design Engineering—This had been subdivided but is being recombined.There is an off-
site bordering vegetated wetlands previously delineated in August 2012 for a brush clearing permit which
has expired.The request is for construction of a retaining wall and grading outside the 50-foot buffer to
the bordering vegetated wetlands. Small amount of grading between wall and property boundary,which is
just inside the 50-foot buffer.Later there will be application for house and site work. Currently this is just
lawn.
Public None
Discussion(4:58) None
Staff Have everything needed to close.
Motion Motion to Close. (made by:Bennett) (seconded by: Champoux)
Vote Carried unanimously
III. PUBLIC MEETING
A. Minor Modifications
1. Oakhill Investments LLC-341A Madaket Road(60.2.4-64.5) SE48-2828 (Cont 03/09/2016)
2. Scavo—8 Galen Avenue(29-113) 5E48-2653
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,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.—A 120 square foot(SF) storage shed was proposed
to be removed;it has instead been relocated on the site.The resource area is land subject to coastal storm
flowage.
Public None
Discussion(5:01) None
Staff This cleans up the plan of record before applying for the Certificate of Compliance.Recommend this can
be issued as a minor modification.
Motion Motion to Issue as a minor modification. (made by:Bennett) (seconded by:Topham)
Vote Carried unanimously
Page 3 of 6
Minutes for February 10,2016,adopted Feb.24
3. Nantucket Island Land Bank—158 Orange Street(55-61.1) SE48-2689
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Recused None
Documentation Site plans,topographical maps,photos,MNH sign off letter,departmental reports,and correspondence.
Representative None
Public None
Discussion(5:04) None
Staff This was for removal of the structure and shifting of piers and walkways to open for public use.They are
asking for a planting of winterberry along the property line as visual screening for the neighbor.They
would also like to replant outside the wetland area using native stock;they want the species on the record.
Recommend this can be issued as a minor modification. He will add no cultivars are allowed.
Motion Motion to Issue as a minor modification. (made by:Bennett) (seconded by:Champoux)
Vote Carried unanimously
4. Sconset Beach Preservation Fund- 87-105 Baxter Road(48;49-various) SE48-2824
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,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.—A catch basin was installed with a drainage pipe that
went behind the geo-tubes and is working very well;however,water is accumulating on the two vacant
lots and could run over the bank and destabilize it.He wants to get that water to the catch basin by means
of a small plastic yard basin and 4-inch pipe leading to the catch basin.This can be installed in one day.
The walkway was damning the water pushing it over the bank;will do minor grading to urge water toward
the basin.
Public Emily MacKinnon,Nantucket Land Council—Asked if this is tied to the order that permitted the geo-
tubes.Asked if the chair if the applicant is current in monitoring reports for the commission.There is no
concern about the proposal;the concern is whether or not it is appropriate for the commission to decide
on a minor modification without having seen the as-built plan.
Discussion(5:07) Erisman—Asked why there isn't a planting plan for the area.There should be scrub on the face of the
bluff.Doesn't think meadow mix is helping the situation.
Gasbarro—He was not part of that application but can get the information. Scrub brush catches the wind
and the roots can be pulled over in the wind.
Discussion about the best planting mix for the top of the bluff.
Erisman—Expressed concern that SBPF is"patching holes"as they crop up rather than coming up with
a solid long-term drainage plan.
Champoux—Feels this is a fairly innocuous plan for getting the water to the catch basin.
Gasbarro—He tied this to the geo-tube permit because he felt it most appropriate since the drainage
system was part of that order.This work is limited 87&91 Baxter Road.
Erisman—Stated there were photos posted on line indicating the face of the geo-tubes might not have
been covered when the last storm hit;asked if the template had been left uncovered. If so,that is a
problem.
Bennett—Stated he visited the site and noted someone pushing sand around.
Steinauer—It is in their best interest to keep the tubes covered.
Gasbarro—Stated that he didn't want to submit an application with an as-built plan that didn't show the
project including the drainage system,which was only completed within the past two weeks. He will pass
on the information to the appropriate person that the commission is requesting the sand-delivery report.
Staff Asked for a memorialization of what will be going back on the dirt portion;if the site is going to be
regraded,we need to know what will be used to stabilize it.In regards to the monitoring reports,he
discussed his concern with Mr. Gasbarro that,with the project work having finished in January,the as-
built will be filed in a timely manner.They are not behind in monitoring reports because neither of the
two winter storms hit the full storm-reporting criteria.They are behind for getting the as-built plan for the
geo-tube structure in.The first quarterly survey is coming due;they have just finished the field work,
which includes the partial bathometric surveys.Stated that the face of the structure was uncovered by the
first winter storm;we need to see the sand delivery report and the daily record that shows what work was
being done on what days.The nature of minor modification applications is that they are for project that
are on-going.This could be conditioned to have the as-built plan submitted before the next meeting.This
qualifies as a minor modification.
Motion Motion to Issue as a minor modification. (made by:LaFleur) (seconded by:Bennett)
Vote Carried 5-1//Erisman opposed
Page 4 of 6
Minutes for February 10,2016,adopted Feb.24
B. Certificates of Compliance(5:29)
1. Smith—6 Old North Wharf(42.3.1-19) SE48-1855
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This was for installation of a new pile foundation;the work is in compliance.Recommends approval with
no on-going conditions.
Discussion None
Motion Motion to Issue the certificate of compliance. (made by:Topham) (seconded by: Champoux)
Vote Carried unanimously
2. Fayaway Realty Trust—11 Lincoln Avenue&22 Jefferson Avenue(30-136&285) SE48-2810
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This was for installation of a new foundation and other work;the work is in compliance.Recommends
approval with no on-going conditions.
Discussion None
Motion Motion to Issue the certificate of compliance. (made by:Bennett) (seconded by:Champoux)
Vote Carried unanimously
3. Gallahar—2 Horn Beam Road (21-118.5) SE48-2667
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This project included an amended order of conditions for removal of parts of an existing dwelling,
construction of new additions,relocation of septic and utilities,and replace patio with a deck.The work
was completed in substantial compliance.Recommends approval with no on-going conditions.
Discussion None
Motion Motion to Issue the certificate of compliance. (made by:Bennett) (seconded by:LaFleur)
Vote Carried unanimously
4. Madaket Wheelhouse LLC—13 Massachusetts Avenue(60-75) SE48-2825
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff This was for removal of unpermitted septic;the work is in compliance. Checked with the Board of
Health,which has no issues. .Recommends approval with continuing Condition 19:tight tank to be
pumped upon closing of the house for the season.
Discussion None
Motion Motion to Issue the certificate of compliance. (made by:Topham) (seconded by:Bennett)
Vote Carried unanimously
5. Town of Nantucket,Planning Office—Hummock Pond Road/Milk Street-Cisco Beach (66-1 & 129)SE48-2437
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff For the Hummock Pond Road Bike Path,the Town acknowledges and reports show that the wetland
replication area had a successful season;the order for that area is not being closed.The request is for a
partial certificate for the bike path itself.
Discussion None
Motion Motion to Issue as a partial certificate of compliance. (made by: Champoux) (seconded by:Bennett)
Vote Carried unanimously
6. Nantucket Island Land Bank—260 Milestone Road(72-48) SE48-2656
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Topham
Staff For the installation of the water main and irrigation system for The Greens and Skinner.The water main
is installed in compliance.Recommends approval with no on-going conditions.
Discussion None
Motion Motion to Issue as a partial certificate of compliance. (made by:LaFleur) (seconded by:Bennett)
Vote Carried unanimously
C. Orders of Condition(5:38)
1. Kafer—143 Wauwinet Road (11-8) SE48-2858
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham
Staff This is the standard order for an I/A system.The resource areas are coastal dune,barrier beach,land
subject to coastal storm flowage,and buffer to a bordering vegetated wetland.There is a performance
standard for barrier beach which allows for the up-grade and maintenance of an existing septic system to
the best available technology.
Discussion None
Motion Motion to Issue as drafted. (made by:Bennett) (seconded by: Champoux)
Vote Carried unanimously
2. Five on a Dime LLC—8 Pilgrim Court(41-217.3;217.4&Portions of 217) SE48-2859
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham
Staff For a retaining wall and grading outside the 50-foot buffer for a wetland.No waivers were required.
Discussion None
Motion Motion to Issue as drafted. (made by:Topham) (seconded by: Champoux)
Vote Carried unanimously
Page 5 of 6
Minutes for February 10,2016,adopted Feb.24
D. Extension for Order of Conditions
1. Kafer—143 Wauwinet Road(11-8) SE48-2536
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham
Staff For expansion and addition to the second floor,removal of concrete area,construction of walkway,
raising of existing deck,and planting of beach grass.The plan was to pick everything up to allow the sand
to pass underneath.Asking for three 1-year extensions.They are in compliance with the permit.
Discussion(5:41) Erisman—Asked if the NOI plan reviewed earlier is included this work. (No)
Motion Motion to Issue three 1-year extensions. (made by:LaFleur) (seconded by:Bennett)
Vote Carried unanimously
E. Enforcement Actions
1. Maine Ave Trust- 12& 14 Maine Avenue(60.3.1-431 &463)
Sitting Steinauer,Bennett,Erisman,LaFleur,Champoux,Golding,Topham
Staff This is perched to go over onto the beach.This is a"friendly enforcement"that orders them to move the
house out of peril and remove the infrastructure.They can come back with a new location for the house
and the septic.This will move about 100 feet back.An enforcement action allows matters to take place
faster.
Discussion(5:43) Bennett—Asked about the protocol on the underground infrastructure.
Staff—We have been asking for removal so that septic tanks don't end up on the beach.
Motion Motion to Issue the Enforcement Action. (made by: Champoux) (seconded by:Bennett)
Vote Carried unanimously
F. Other Business(5:47)
1. Approval of Minutes:01/27/2016—Approved by unanimous consent
2. Monitoring Reports:None
3. Reports:
a. NP&EDC,Bennett—State is putting together an advisory board to review off-shore sand mining requests.
b.Mosquito Control Committee,Erisman—She is officially on the commission.
4. Commissioners Comment
a.Discussion about mosquito borne diseases and range of the newest identified disease.
b.Erisman—The rubble fill the Town is using,it's a mix of concrete and sand and put it at the end Monomoy.
c.Bennett—Asked about Gosnold snow fence.Staff has been down there.
5. Administrator/Staff Reports
Motion to Adjourn: 5:58 p.m.
Submitted by:
Terry L.Norton
Page 6 of 6