HomeMy WebLinkAbout2016-6-15Minutes for June 15 2016 adopted June 29
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A N U C K E
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TOWN CLERK
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Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Nantucket, Massachusetts 02554
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2016 JUL ' 1 AM 9. 49
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Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
OP
Wednesday, June 15, 2016 4:00 P.M.
Jeff' Blackwell, Blackwell & Associates — Questions were raised about the ramp obstructing sand flow;
4 Fairgrounds Road, Training Room
after careful study of the situation, he does not believe that will happen.
Commissioners: Ernie Steinauer (Chair), Andrew Bennett (Vice Chair), Ashley
Erisman, David LaFleur,
Ben Champoux, Ian Golding, Joe Topham
Champoux — Confirmed that the skirt to the ramp will be no lower than the framing.
Called to order at 4:04 p.m.
Have everything needed to close.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator
Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Attending Members: Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Carried unanimously
Absent Members: Golding
Sitting
Late Arrivals: None
Recused
Earlier Departure: None
Documentation
Agenda adopted by unanimous consent
Representative
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment — None
Public
II. PUBLIC HEARING
A. Notice of Intent
1. Haulover —165
Wauwinet Road (7 -1.1) SE48 -2894
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
None
Documentation
Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative
Jeff' Blackwell, Blackwell & Associates — Questions were raised about the ramp obstructing sand flow;
after careful study of the situation, he does not believe that will happen.
Public
None
Discussion (4:05)
Champoux — Confirmed that the skirt to the ramp will be no lower than the framing.
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote
Carried unanimously
2. Edell & Alderson — 8 High Brush Path (56 -370) SE48 -2891
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
None
Documentation
Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative
Brian Madden, LEC Environmental — Revised plans show changes to the hardscaping: pool and patio
shifting away from the resource area; no change to the existing driveway. Proposes to replant the
disturbed buffer area with high -brush blueberry.
Public
None
Discussion (4:08)
None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Champoux) (seconded by: Bennett)
Vote
Carried unanimously
3. Beach Nut LLC — lA Crow's Nest Way (12 -24) SE48 -2895
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
None
Documentation
Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative
Dhruv Patel, Nantucket Surveyors — Reviewed the project.
David M. Haines, Haines Hydrogeologic Consulting — Resource areas: ocean, coastal beach and coastal
dune; all new work will be outside the 50 -foot buffer. Asking for waiver to remove existing structure.
Public
None
Discussion (4:10)
Erisman — Asked what will be the change in the percentage of developed area. The amount of proposed
construction will require stripping all vegetation off the lot and that will impact water flow.
Steinauer — Could grant a waiver under long -term net benefit.
Staff
The percentage change is only relative to the 25 -50 buffer zone; the only structural work within that area
is to remove a structure, that work is in keeping with the regulations. In his opinion, removal of a
structure is a project, not construction.
Have everything needed to close.
Motion
Motion to Close. (made by: Bennett) (seconded by: Champoux)
Vote
Carried unanimously
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Minutes for June 15 2016 adopted Tune 29
4. 3 Beacon Lane NT
— 3 Beacon Lane (21 -26.9) SE48 -2892
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, Nantucket Engineering & Survey — (4:18) Waiting for Massachusetts Natural
Heritage signoff. Asked for a 2 -week continuance.
(4:25) Reviewed the project: residential redevelopment on Sesachacha Pond. The waiver is related to
footings separation from high ground water. Explained dewatering. The site is served by well and septic.
No disturbance is intended within the 25 -foot buffer.
Public
None
Discussion (4:25)
((4:18) Initially this was held pending the MNH sign off)
Steinauer — Disclosed that Massachusetts Audubon has a deed restriction on the abutting property but
there is no financial impact.
Staff
The Massachusetts Natural Heritage sign off was just received; this can be reopened as part of the open
public hearing.
Have everything needed to close.
Motion
Motion to Close. (made by: Champoux) (seconded by: Bennett)
Vote
Carried unanimously
5. *Leary Family
Realty Co LLC — 7 Massachusetts Avenue (60 -92) SE48 -2896
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
None
Documentation
Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence.
Representative
David M. Haines, Haines Hydrogeologic Consulting — This is for replacement of a well and installation
of a tight tank. Resource areas are a saltmarsh and land subject to coastal storm flowage. The well failed
and they received and installation the new well ordered by the Health Department; that has been done.
The existing septic will be pumped and left in place to minimize disturbance. Dewatering will be necessary
so the plans show the dewatering area.
Public
None
Discussion (4:20)
None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Topham) (seconded by: Bennett)
Vote
Carried unanimously
B. Amended Orders
of Conditions
1. Monomoy Creek RT —12 Monomoy Creek Road (54 -54.1) SE48 -2665
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Recused
None
Documentation
Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative
Brian Madden, LEC Environmental — Noted he will be calling responsible parties in regards to clean up
noted as necessary during the site visit. Changes include: pool, patio, fence, and boathouse have all been
reconfigured to all be outside the 50 -foot buffer; adding a window well to the foundation; reducing the
size of the parking area; replacing a shed with a garage. No changes to the limit of work but this results in
a net decrease of encroachment into the buffer zones.
Public
Emily Molden, Nantucket Land Council — Hearing about the erosion control issues, she reminded the
board that this was the site she noted had unpermitted dewatering taking place into adjacent wetlands.
Suggested the board hold off issuing the amended order until the site is cleaned up. Asked for a
continuance.
Discussion (4:30)
Steinauer — Suggested moving the garage back a little bit more.
Madden — That would move either the driveway or the parking into the 25 -foot buffer.
Erisman — Wants to ensure all the debris and equipment and material is cleaned out of the 25 -foot
buffer.
Staff
Noted the board can require photo monitoring. The siltation measures need to be brought back into
repair.
Motion Continued to June 29 without objection.
Vote N/A
III. PUBLIC MEETING
A. Minor Modifications
1. Dannheim — 97 Low Beach Road (75 -31.2) NAN -119 (WITHDRAWN)
B. Certificates of Compliance
1. Four Saratoga LLC —14 Tennessee Avenue (60.1.2 -6) SE48 -2506 (Cont 06/29/2016)
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Minutes for June 15 2016 adopted Tune 29
2. Marsillo — 271 Hummock Pond Road (83 Portion of 42) SE48 -936 Reissue
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
This is to clear the title; work is in compliance; need recordable Certificate of Compliance. Recommend
this be reissued.
Discussion (4:42)
None
Motion
Motion to Reissue. (made by: LaFleur) (seconded by: Champoux)
Vote
Carried unanimously
3. Bartlett — 271 Hummock Pond Road (83 -8 & 42) SE48 -816 Reissue.
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
This is to clear the title; work is in compliance; need recordable Certificate of Compliance. Recommend
this be reissued.
Discussion
None
Motion
Motion to Reissue. (made by: Champoux) (seconded by: Bennett)
Vote
Carried unanimously
4. Vero Ventures - 18 Cherry Street (55 -913) SE48- 2434
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
The site is in compliance and all work completed. Recommend issued with no on -going conditions.
Discussion
None
Motion
Motion to Issue. (made by: Bennett) (seconded by: LaFleur)
Vote
Carried unanimously
5. Zaverucha
— 45 Easton Street (42.4.1 -58) SE48 -2720
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
Raised to flood elevation and porch extensions. Recommends this be issued.
Discussion
None
Motion
Motion to Issue. (made by: Bennett) (seconded by: Champoux)
Vote
Carried unanimously
6. Goldberg —156
Orange Street (55 -61) SE48 -2623
7. Goldberg —156
& 158 Orange Street (55 -61; 61.1)SE48 -2739
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
These were to first shift the dock off 156 Orange Street and second reconfigure the stairway. Both are in
compliance.
Discussion
None
Motion
Motion to Issue SE48 -2623 and SE48 -2739. (made by: Champoux) (seconded by: Topham)
Vote
Carried unanimously
8. Sohn — West Miacomet Road (86 -2) SE48 -345 Reissue
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
This is to clear the title; work is in compliance; need recordable Certificate of Compliance. Recommend
this be reissued.
Discussion
None
Motion
Motion to Reissue. (made by: Champoux) (seconded by: Topham)
Vote
Carried unanimously
C. Orders of Condition
1. Pocomo Neighbours
— 47,53,55,57,61,63 & 69 Pocomo Road (Multiple) SE48 -2874
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
What he drafted is similar to the Order of Condition issued for Shimmo. Condition 30: pre - construction
beach invertebrate study. Condition 31: memorializes that if there is a large amount of replacement work,
they have to reapply. Condition 32: staking of the mean high water line.
Representative
Arthur D. Gasbarro, Nantucket Engineering & Survey
Discussion (4:48)
Steinauer — Asked if there is a requirement to report the amount of replacement sand provided.
Carlson — That is covered in Condition 22 and 23; he'll add to Condition 23 that the yearly report include
sand quantities installed. He needs to clarify Condition 31 about what is project materials.
Erisman — She has thought a lot about what constitutes failure; they are trying to establish a dune; we
would want 60% survival rate of plants.
Carlson — Condition 29 requires 75% plant success rate or they come back to the commission. Also this is
project conditioned for yearly face to face between the board and applicant to ensure commission
satisfaction with what's happening and to evaluate the functionality of the project and if any changes are
needed.
Steinauer — Suggested issuing a partial certificate upon completion of construction and hold the final until
the end of three years to determine whether or not this is working.
Erisman — "Working" is a broad term for bioengineering a dune that will not impact the system. Within
three years the plants should have taken a hold; there have been large percentages of loss in three years and
the habitat could not be established. There are three options: 1) do nothing, 2) move the structures, and 3)
build a coastal erosion structure; we are jumping to the third option.
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Minutes for June 15 2016 adopted Tune 29
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Champoux — If they are adding tubes every couple of years, this is no longer a bioengineered structure. We
need to be able to ascertain at what point a living bank has taken over and there is no need for the structure.
Would like to suggested something that allows the board to see how the it does without the replacement of
tubes.
Erisman — Within 5 to 7 years, the plants should have taken hold; if they are replacing a lot of beach grass
then the new dune is not being created.
Steinauer — The naturally vegetated banks out there are not holding up. This is becoming a heavily
impacted environment due to changes in the direction of the storms.
Carlson — They are allowed to maintain the structure in good repair; however, this is designed to
intentionally be impacted so he doesn't know if the board can require them to come in with an amendment
for repair but we can require repair work be reported.
Erisman — Asked again what failure criteria is being add into this.
Carlson — Reviewed how Condition 29 can be amended to establish failure criteria.
Erisman — She can't agree to the finding that there is no impact on habitat and wildlife.
Motion
Motion to Issue as amended. (made by: LaFleur) (seconded by: Bennett)
Vote
NOT Carried 3 -3
Further discussion
Carlson - Will have to schedule a special meeting; this needs to be issued before close of business
(5:11)
Wednesday, June 22. If this board is going to discuss an order in the negative, reasons why it couldn't be
conditioned to meet performance standards need to be established.
Champoux — He is concerned they won't get the data necessary to ensure this is not having an impact.
Steinauer — His concern is that this won't perform as promised.
Champoux — He doesn't think this is ready for a positive order because it can be rebuilt in perpetuity.
Steinauer — That is what is being pushed, using coir bags that are designed to release sand; they need to be
rebuilt.
Erisman — The bank has glacial deposits that has contributed to the harbor and that is not being matched.
Steinauer — The question of what type of wildlife is supported by the existing bank needs to be answered;
beach grass and a couple of other grasses doesn't promote a diverse habitat.
Steinauer — Our local regulations don't recognize bioengineered structures as not being structures. He
believes this is a structure because the coir logs are hard.
Bennett — We have to determine whether or not these are acting as a structure.
Carlson — Condition 31 tries to establish at what point the amount of work moves from repair to replace.
Gasbarro — Suggested adding to Condition 31: 1/3 of total linear feet.
Discussion about whether or not, due to the size of the project, increasing the number of transects for
surveying wildlife will help.
Discussion about how to determine when the area starts acting like a living bank.
Carlson — Looking for some way to set a period of time in which to determine whether or not to continue
for another three years. If there is an adverse impact, it is subject to enforcement. Noted that since Coastal
Zone Management (CZM) and Department of Environmental Protection (DEP) have ruled a bio-
engineered project is not a structure, George Pucci of Kopelman & Paige, Town Counsel, tends to agree
with that; he noted there has been no court case challenging the CZM /DEP ruling.
Erisman — Doesn't believe the board will be able to tell if the project is having an adverse impact. The
impact would be on the underlying habitat; something we wouldn't pick up on right away.
Steinauer — He thinks it will shed more material than the bank would shed and impact the aquatic
environment.
Champoux — Asked where the controls on this are. Need control sites that are outside the project area for
comparison.
Gasbarro — There are seven monitoring transects set every 300 feet to provide invertebrate data. The
controls would be the twice -a -year survey. The outside control might be hard to establish; would have to
look at the top of bank on other properties.
Steinauer — Asked about maintaining a walkable beach.
Carlson — That can't be conditioned as this is private property, unlike the `Sconset Beach project which is
on Town property.
Champoux — He could support this with beefing up Condition 31 as suggested by Mr. Gasbarro.
Carlson — Suggested wording it so that instead of amending the permit, they must file for a new 3 -year
permit. Reviewed other possible changes to strengthen and clarify the permit. He will write up a fresh draft
for commissioner review.
Continued without objection to Monday, June 20, at 4 p.m. location to be determined.
2. Haulover —165 Wauwinet Road (7 -1.1) SE48 -2894
Sitting
Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff
No special conditions.
Discussion (5:56)
None
Motion
Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur)
Vote
Carried unanimously
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Minutes for Tune 15 2016 adopted June 29
3. Edell & Alderson — 8 High Brush Path (56 -370) SE48 -2891
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff He needs to add Condition 20: no cultivars.
Discussion (5:5) None
Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
4. Beach Nut LLC —1A Crow's Nest Way (12 -24) SE48 -2895
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff He included pool conditions about water discharge and exterior lighting to be directed downward. Didn't
add a waiver; they're removing the structure from the buffer zone.
Discussion (5:59) None
Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Bennett)
Vote Carried unanimously
5. 3 Beacon Lane NT — 3 Beacon Lane (21 -26.9) SE48 -289
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff Will add Condition 20: no cultivars.
Discussion (6:00) None
Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Bennett)
Vote Carried unanimously
6. Leary Family Realty Co LLC — 7 Massachusetts Avenue (60 -92) SE48 -2896
Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Topham
Staff This is for the emergency well and tight tank. No special conditions.
Discussion (6:02) None
Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
D. Monitoring Reports (6:03)
1. Sisk —153 & 155 Wauwinet Road (11- 3)SE48 -2639
2. Salt Marsh Cranes RT — 5 Salt Marsh Road (55 -297) SE48 -2606
E. Other Business (6:05)
1. Approval of Minutes: 06/01/2016 — Approved by unanimous consent.
2. Enforcement Actions
a. 36 Pocomo Road: there has been a significant amount of brush cutting within jurisdictional areas to include a
potential vernal pool; this will require a restoration plan. Part of the enforcement action should include
certification of the vernal pool. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C., for direct abutter —
Requests a restoration plan require mature trees and bushes and that work take place within a clearly defined
timeline.
Motion to Ratify Issuance of an Enforcement Order. (made by: Champoux) (seconded by: Bennett) Carried
unanimously
b. Charles Maurer, Smith Point: new roads were cut, structures and gates were installed in concrete, installed
aluminum beach stairs and ramp, stone in concrete walkways; all work is in jurisdictional area. Most work has
happened within the past two weeks. This will require the removal of a lot of these structures; this individual
should come before the board.
Motion to Ratify Issuance of an Enforcement Order. (made by: Bennett) (seconded by: Champoux) Carried
unanimously
c. Holly Farm: enforcement update; restoration plan is forthcoming.
3. Emergency Certification:
Leary Family Realty Co LLC — 7 Massachusetts Avenue (60 -92)
Motion to Issue the Emergency Certification. (made by: LaFleur) (seconded by: Champoux)Carried
unanimously
4. Reports:
a. NP &EDC, Bennett: nothing
b. Mosquito Control Committee, Erisman: nothing
5. Commissioners Comment
a. Champoux — Appreciates the time and care taken in regards to Pocomo Neighbours.
6. Administrator /Staff Reports
a. Regulations: Looking for areas commissioners would like to cover as a starting point and whether or not to do the
work in the regular meetings or in workshops.
b. By -law change addressing enforcement: working up a warrant article for special town meeting.
Motion to Adjourn: 6:31 p.m.
Submitted by:
Terry L. Norton
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