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HomeMy WebLinkAbout2016-5-18Minutes for May 18 2016 adoi2ted June 1 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www. nantucket- ma.gov Wednesday, -May 18, 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 4:02 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Absent Members: None Late Arrivals: LaFleur, 4:03 p.m. Earlier Departure: None Agenda adopted by unanimous consent - *Matter has not been heard 1. PUBLIC MEETING A. Public Comment — Emily Molden, Nantucket Land Council — Discussion about availability of a video link for symposium held May 7, 2016 about cynipid gall wasps. IL PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2834 (06/29/2016) 2. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2835 (06/29/2016) 3. Pocomo Neighbours — 47,53,55,57,61,63 & 69 Pocomo Road (Multiple) SE48 -2874 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, Nantucket Engineering & Survey — Have not received sign off from Massachusetts Natural Heritage; asked for a continuance for two weeks. Public None Discussion (4:05) None Staff None Motion Continued to June 1 by unanimous consent. Vote N/A 4. The Trustees of Reservations — Costaka Coatue Wildlife Refuge and Great Point (7 -1.7) SE48- 2884 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None Documentation Site plans, topographical maps, photos, ti1NH sign off letter, departmental reports, and correspondence. Representative None Public None Discussion (4:06) Discussion about continuing in order to allow members to look over the plans. Staff The Massachusetts Natural Heritage letter was received with two conditions to be included into the ordc r. Recommends attaching the detailed plan to the order. `lotion Continued to June 1 by unanimous consent. Vote N/A 5. The Town of Nantucket — Consue Springs off Union Street (55.1.4 -15) SE48 -2880 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 (4:10) Erisman — Asked if the "mystery pipe" had been identified since the last meeting. Champoux — There was discussion about whether or not there would be flood gates; the abutters were concerned opening the channel would increase the storm surge. The culvert will help the out flow. Erisman — There was a request for before- and after - installation modeling of water levels. Steinauer — The flood gates are contradictory to the reasons for opening the culverts. Staff Massachusetts Natural Heritage had no comments. Drafted a positive order. Can condition the removal of the pipe. Have everything needed to close. Notion Motion to Close. (made by: Champoux) (seconded by: Topham) Vote Carried 6- 0 / /Golding abstained. Page 1 of 4 Minutes for May 18 2016 adopted Tune 1 6. *Bell — 13C Willard Street (42.4.1 -15.3) SE48 -2887 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. land subject to coastal storm Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — work within 100 -foot buffer of bordering vegetated wetlands. Raise structure onto new foundation flowage and within compliant with flood codes, addition of steps, remove a portion of existing deck within zoning setback, Dewatenng would be and add infill to deck between bordering vegetated wetlands resource area. temporary subject to a permit from the Town. Not proposing any fill. Assn. Can't imagine how the house can be raised Public Carole Beller, 3 Willard Street for Brant Point — without destroying the neighbor's house. Gary Beller, 3 Willard Street — Work last year occurred during the summer season; asked when this work would begin. He knows zoning can put restrictions on external construction. houses flooded and need to be lifted. David Callahan — Supports this project; these are getting Discussion (4:14) Staff None Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Bennett) Vote Carried unanimously 7. *Hilderbrand — 60 Crooked Lane (41 -198) SE48 -2886 LaFleur, Champoux, Golding, Topham Sitting Steinauer, Bennett, Erisman, Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. to the north in excess of 100 Representative Paul Santos, Nantucket Surveyors —There is a bordering vegetated wetland Reviewed the scope of work that will be outside the 50 -foot no -build buffer but feet from the property. within the 100 -foot buffer; there will be a shed within the 50 -foot no -build zone. Asked for two waivers: the shed within 50 -foot no -build work within 2 feet of the groundwater table for the pool; construction of the no -build zone. Do not need zone. Explained the client is willing to change the shed to keep it outside Massachusetts Natural Heritage review. Public Discussion (4:23) None Golding — Asked about the area around the pool and if it would be porous. the area around the pool. Santos — There is no indication about the material of the most of it is outside the 50 -foot zone with plenty of land to Steinauer — Given the size of pool patio, allow any runoff to percolate back into the ground. to the shed. The shed can be Staff Have everything needed to close unless the board wants to see revisions conditioned to be outside the 50. Motion Motion to Close. (made by: LaFleur) (seconded by: Bennett) Vote Carried unanimously 8. *Asness RT — 3 Hulbert Avenue (29.2.3 -6) SE48 -2890 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused Documentation None Site plans, topographical maps, photos,1NH sign off letter, departmental reports, and correspondence. land subject to coastal storm flowage Representative Paul Santos, Nantucket Surveyors — Two coastal resource areas: dune on the water side of property before a bulkhead, which acts as a coastal bank. `Fork is and coastal for enclosing front -porch area with supports, rework the deck, add an outdoor shower, move a step off the structure, and addition of a generator adjacent to Hulbert center, add a bay window on the east side of Avenue. The majority of the work is to occur within the 50 -foot no -build zone. Waivers required: for work in 50 -foot no- build, and work within land subject to coastal storm flowage. Public Discussion (4:33) None Erisman — Asked how the outdoor shower will drain. drain be conditioned to discharge outside the 50 -foot buffer. Steinauer — The shower should Staff Have everything needed to close. Motion to Close. (made by: LaFleur) (seconded by: Champoux) Motion Vote Carried unanimously Page 2 of 4 Minutes for May 18 2016 adopted Tune 1 9. *Lindsay — 15 Pippins Way (43 -94.3) SE48 -2888 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused Documentation None Site plans, topographical maps, photos, �lNH sign off letter, departmental reports, and correspondence. a lot within a subdivision of Representative Jeffrey Blackwell, Blackwell & Associates, Inc. —This is for construction on the 50 -foot buffer to the wetland resource area. MNH approved the a house, garage, and cottage outside limit of work uphill from the 25 -foot no- disturb zone. Asked to maintain an existing path to the pond. The well exists; the septic will be an enhanced treatment system. Public Discussion (4:39) None Steinauer —Would like to see brush within the 25 foot buffer be allowed to regrow. for the well pump chamber; that Blackwell — There will be an underground pipe that allows air release can be placed so as not to run toward the silt fence. Steinauer — Asked if the monitoring wells would remain in place. important habitat; this should be Erisman — The area between the resource area and development is very Also, lighting should not affect conditioned to ensure no fertilizer or pesticide is used in that area. outdoor the resource area. Would like to see the planting plan. Discussion about planting black locust. Blackwell — Requested a continuance. The order required use of monitoring wells; they aren't leaving at least as long as that order of Staff previous conditions is open. Still waiting for the Massachusetts Natural Heritage letter on this. i\lotion Continued to June 1 by unanimous consent. Vote 10. *Knight NSA —12 East Lincoln Avenue (42.4.1 -47) SE48 -2889 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused Documentation None Site plans, topographical maps, photos, IiNH sign off letter, departmental reports, and correspondence. is for development of vacant lot within land Representative Jeffrey Blackwell, Blackwell & Associates, Inc. —This be elevated above the flood zone. Will have to dewater subject to coastal storm flowage. Structures must is into the storm drain. Waiver requested for the high groundwater. the site; dewatering to go Public Discussion (4:58) None Erisman — Asked how roof runoff will be treated. direct it into the storm drain. Hadn't asked for down spouts. Blackwell — Can go with shell infiltration or Steinauer — Would like to have that drainage information. Blackwell — Requested a continuance. Staff Will draft a positive order. Motion Continued to June 1 by unanimous consent. Vote NSA 111. PUBLIC MEETING A. Request for Determination of Applicability 1. 40 Jefferson, LLC — 40 Jefferson Avenue (30 -119) Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused None �INH sign off letter, departmental reports, and correspondence. Documentation Site plans, topographical maps, photos, Requesting negative determination; no resource areas within Representative Stan Humphries, LEC Environmental — 100 feet of property. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion (4:59) None Staff Zone X, on the plan, is the 500 -year flood plan; our land subject to coastal storm flowage relates to the 100 -year flood zone. hlr. Humphries depiction is accurate. Recommend this be issued as a Negative 1 confirming there are no areas of jurisdiction. Motion Motion to Issue as a Negative 1. (made by: Topham) (seconded by: Bennett) Vote Carried unanimously B. Certificates of Compliance 1. Kafer — 143 Wauwinet Road (11 -8) SE48 -909 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff This is the last order outstanding on this property; work was completed in compliance. Recommend thi, be issued. Discussion (5:06) None Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 3 of 4 Minutes for May 18 2016 adopted June 1 C. Orders of Condition 1. The Town of Nantucket — Consue Springs off Union Street (55.1.4 -15) SE48 -2880 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Suggests adding Condition 24 relating to monitoring for storm surge. Condition 19 for monitoring reports shall include water -level measurements for tidal flow compared to pre -work flow. There is a condition about material removed from site that might contain invasive species. Will add a condition that the unidentified pipe to be removed. Discussion (5:07) Champoux — Asked if the order contained anything about the unidentified pipe, which was previous discussed. Erisman — Asked if testing every 6 months for heavy metals could be added. Discussion about whether or not there is a need for testing of heavy metals and how burdensome that testing is. Champoux — There is a sewer pipe running through the railroad bed; asked where the culvert would be in relation to that and how would the culvert be installed so as not to break the sewer pipe. Discussion about installation of the culvert in relation to the sewer pipe. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 2. Bell — 13C Willard Street (42.4.1 -15.3) SE48 -2887 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Noted an error that needs to be corrected. Can't place work schedule restrictions unless it is tied to an interest such as protection of shorebirds or to something specific. Discussion (5:15) Steinauer — Noted another error to be corrected. Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Bennett) Vote Carried unanimously 3. Asness RT — 3 Hulbert Avenue (29.2.3 -6) SE48 -2890 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Condition 20 will be added in regards to the drain for the outdoor shower. Discussion (5:18) None Motion Motion to Issue as amended. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously 4. Hilderbrand — 60 Crooked Lane (41 -198) SE48 -2886 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Will include standard pool conditions and condition that the shed be located outside the 50 -foot buffer. Discussion (520) Steinauer — This is pretty straight forward. Motion Motion to Issue as will be drafted. (made by: Champoux) (seconded by: Lafleur) Vote Not Carried unanimously D. Monitoring Reports 1. Cigarran -25 East Tristam Avenue (31 -1) SE48 -2840 2. Giles RT- Off Of Tennessee Avenue (60.1.2 -33) SE48 -2839 IV. Other Business 1. Approval of Minutes: April 20, 2016 & May 04, 2016 — Approved by unanimous consent 2. Enforcement Actions a. 2 North Beach Street, aka 65 & 67 Easton Street: Owners wish to appear before the commission in two weeks. b. Holly Farm, 286, 288, 290 Polpis Road: filet with project representatives of 286 Polpis Road and none of the unpermitted cutting took place on that property; 288 Polpis owner identified no work took place there; 290 Polpis Road owner hadn't authorized work on her property; staff will meet with them and their representative when they are available to discuss how to repair the damage. c. Holly Farm, 4 Polpis Harbor Road Rachel Freeman with the commission at the , Nantucket Islands Land Bank is doing the delineations and is monitoring for signs of regrowth in the cut trees, \Is Freeman's plan will be ready for review next meeting. It would be nice to get the performer of the work in front of the commission. Discussion about what changes the commissioners would like to see come out of this event. 3. Reports: a. CPC, Golding b. NP &EDC, Bennett c. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Erisman — Should set a date to go over regulations. Staff —Asked commissioners to forward to staff a summar•. of concerns about specific regulations. 5. Administrator/ Staff Reports ,Motion to Adjourn: 5:45 p.m. Submitted by: Terry L. Norton Page 4 of 4