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HomeMy WebLinkAbout2016-7-27Minutes for July 27, 2016, adopted Aug. 10 CONSERVATION COMMISSION 3�o.�pN7UC/i�ry PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 y�o9 UP RAI�Q\`O� www.nantucket - ma.gov Wednesday, July 27, 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 4:00 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 c� I. PUBLIC MEETING _ C A. Election of Officers 1. Chair: Ernie Steinauer nominated Andrew Bennett. (seconded) Carried unanimously to commence on AuguiVO. (" - 2. Vice Chair: Ben Champoux nominated Ashley Erisman (seconded) Carried unanimously to commence on )Wst 1F i M B. Public Comment — None N II. PUBLIC HEARING "� 5 A. Notice of Intent 1. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2834 (Cont 08/10/2016) 2. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2835 (Cont 08/10/2016) 3. Nantucket Islands Land Bank —17 Commercial Wharf (42.2.4 -7 & 8) SE48 -2885 (Cont 08/24/2016) 4. Holt — 98 Squam Road (12 -36) SE48 -2898 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 Brian Madden, LEC Environmental Public Emily Molden, Nantucket Land Council (NLC) Discussion (4:05) Gasbarro — This is for a proposed pool, fence, and cabana within 100 feet of a bordering vegetated wetlands and isolated vegetated wetland; all are beyond 50 -feet from the boundaries. They are requesting a waiver for three -foot separation from ground water to the bottom of the pool and for temporary dewatering outside the buffer during construction. In regards to concerns about the garage in proximity to the isolated vegetated wetland, he submitted the former plan, Order of Conditions, and Certificate of Compliance for the garage. They propose to plant native shrubs in a portion of the lawn to protect the no- disturb buffer. Mr. Madden provided additional information in terms of data forms. Discussion about the area and how the isolated vegetated wetland was missed. Gasbarro — Noted that he can file a USDA survey from 1979. Steinauer — The scale of those surveys is very small. Gasbarro — He did soil tests on this property in the late 1990s and found it to be highly variable. He can provide that information if it is necessary to make a decision. Madden — He reviewed the soil map and noted something of that size wouldn't show up on the map. Drainage patterns change and there appears to be some compaction there. There was no standing water. Erisman — She's not comfortable with the granting the waiver for groundwater separation given the funny wetland patterns. Would like to see a survey. Gasbarro — Doesn't think the survey would provide that level of detail. In his opinion a pool of this size will have an adverse impact on the groundwater. Molden — NLC is concerned about the situation; they requested the additional wetlands information. NLC is also concerned a similar situation, missing a resource area, might happen again and would like to hear a discussion about how to prevent that. Would like more information on the dewatering process. Gasbarro — Explained the temporary dewatering process and where that water would go. The work would not start until after the summer season. Steinauer — Noted that missing the wetland is a very rare occurrence. Discussion about how the isolated vegetated wetland was not previously identified and what efforts are and might be taken to prevent that from happening again. Page 1 of 6 Minutes for July 27 2016 adopted Aug. 10 Staff Previously, the resource areas were reviewed and field verified by the ConCom consultant and a third - party consultant, yet the isolated vegetated wetland was missed; information on the plan now is the correct delineation. There is no legal way to go back and issue an enforcement action on the garage. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Bennett) Vote Carried unanimously 5. * Laz Family NT — 20 Waquoit Road (90 -5) SE48- 2901 (Cont 08/10/2016) 6. 78 Wauwinet Road LLC — 78 Wauwinet Road (14 -18) SE48 -2900 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 Public None Discussion (4:77) Gasbarro — They have received the Massachusetts Natural Heritage letter signing off on the project and indicating no adverse impact. Champoux — Suggested hiring a tree expert to assess what is best for the existing trees that might be affected by the construction work. Erisman — Asked about the understory cutting in the buffer zone. Gasbarro — A silt fence will be the delineation with no work closer than 25 feet. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 7. *Third Time Trust — 41A Cliff Road (42.4.4 -2) 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 Public None Discussion (4:30) Santos — This is outside the flood zone and MESA area; the resource area is a coastal bank along the north side of the developed lot. Work is to involve elevating and moving structure onto a new foundation with additions. The project is moving a few feet away from the coastal bank, with 464 square feet (SF) within the 25 -foot setback. There is no change in back lawn area. This requires waivers for work within the 25- and 50 -foot setbacks; the waivers were submitted under no adverse impact /no reasonable alternative. We don't have a Department of Environmental Protection (DEP) file number; there is no need for Massachusetts Natural Heritage to sign off on this. Bennett — Asked what the increase within 25 -foot buffer will be. Santos — The total increase is 152 SF. Erisman — In a photo the top of the bank looks like it has a fence and behind that is Japanese knotweed; asked if they would be willing to treat the knotweed and restore that area. Santos — He will talk to his client about that. Asked for a 2 -week continuance. Staff None Motion Continued to August 10 by unanimous consent. Vote N/A 8. *102 Wauwinet Road NT - 102 Wauwinet Road (11 -24.2) SE48 - 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 Public None Discussion (4:40) Madden — This proposal is for beach stairs off an existing lawn area and an elevated boardwalk to a walking path. Resource areas: coastal bank and coastal dune and flood zone. The boardwalk will be elevated 18 inches off grade until after shrub line where it transitions to a walking path. They are waiting to hear from Massachusetts Natural Heritage and for a DEP file number. Erisman — Asked if the path is just foot traffic or if it was mown. Madden — All work will be outside the buffer zone area. Asked for a 2 -week continuance. Staff None Motion Continued to August 10 without objection Vote N/A Page 2 of 6 Minutes for July 27 2016 adopted Aug. 10 9. *Four Quaise Pasture Road NT — 4 Quaise Pasture Road (26 -29) SE48- Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Brian Madden, LEC Environmental Public Discussion (4:45) None Madden — This is for a pool, decking, pool fence, and pool equipment all within existing lawn area. The existing deck is off the northeast portion of the house and will be squared off to transition to a bluestone patio. The pool, patio, and equipment are outside the 50 -foot buffer. The fence encroaches into 50 -foot buffer zone within the lawn area. A waiver is requested based on the layout for work within the 50 -foot buffer under no adverse impact. The pool will have a two -foot separation from groundwater. Champoux — If the patio were pulled back the fence could be kept within the 50 -foot buffer. Golding — Asked for information on the plantings. Madden — Asked for a 2 -week continuance. Staff Waiting to hear from Massachusetts Natural Heritage and DEP. Motion Continued to August 10 by unanimous consent. Vote N/A 10. *The Nantucket Land Bank — 4 Polpis Harbor Road (54 -187) SE48- Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Rachel Freeman, Nantucket Islands Land Bank (NILB) Public Rhoda Weinman, 248 Polpis Road Seth Wilkinson, Wilkinson Ecological Design Discussion (4:52) Freeman — In April, 80% of the holly trees were topped and areas brush cut without a permit; it all falls within various resource areas. NILB documented the extent of the topping and brush cutting and damage to the wetland easement. Restoration plan: this summer they are performing site cleanup and removal of invasive species; in the fall they will start planting per landscape plans. Noted that the vast majority of holly trees are sprouting new branches low on the trunks. Feels it is important, due to the age of the stand, to let the trees be and see how they recover. Erisman — Would like to know what size of plants will be coming in. Champoux — Asked about the access and if it is wide enough for a sizeable truck. Freeman — The only way to get in is by the road; which limits the size of the truck they can get in there. Steinauer — Could start with small trees. The survivorship of the trees needs to be tracked. Champoux — Suggested nursery grown stock, which can be brought in on a loader rather than a tree truck. Also talked about the new cut line is not the benchmark for the height of the trees; they need to be allowed to grow. Weinman — Asked who would actually be doing the work. The area looks terrible; she would like it restored with new trees. Freeman — Listed the people outside NILB who would be involved in the work. She is pleased with the recovery of the trees; there is no way to get it immediately back to the way it was. Steinauer — These trees are starting to sprout down low and not just at the crown. These trees have survived this and the commission is loath to clear them out in favor of new trees. We need to give them a chance. Champoux — There is encouraging growth on the trees. He would like to see NILB hire a certified arborist to oversee and consult on this project. Wilkinson - A benefit is the established root systems will help the trees recover. If NILB is going to introduce cedar to compliment the holly, noted that transplanted cedars come from heavy clay soil and are shocked when they come to Nantucket sandy soil; suggested using cedars started in pots. Discussion about possible use of fertilizers that comply with local regulations. Freeman — Asked for a 2 -week continuance. Staff This stems from an enforcement action; this is the restoration plan. The size of the plants can be conditioned once the sizes are known to be available. Oversight from the commission will be of utmost importance to ensure restoration is done in compliance. Once the plant sources and sizes are identified, suggested a field viewing to see what and where plants are going. Conditions can include the size of vehicles used and prohibit pruning. We need timber management to look at the health on a regular basis to ascertain which are doing well and which should be culled in favor of the thriving trees. This is going to be a 15 -year supervised project to include management of health of the trees. Motion Continued to August 10 by unanimous consent. Vote N/A Page 3 of 6 Minutes for July 27. 2016, adopted Aug. 10 B. Amended Orders of Conditions 1. MAK Daddy Trust — 68 & 72 Monomoy Road (43 -119 & 115) SE -2803 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, Nantucket Engineering & Survey Continued to August 10 by unanimous consent. Steven Cohen, Cohen & Cohen Law PC Public Sarah Alger, Sarah F. Alger P.C. for immediately to the left Discussion (5:19) Gasbarro — Apologized for not including a full-size set of plans. The Order of Conditions is for work Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham within the buffer to a coastal bank, coastal dune and land subject to coastal storm flowage; this His review of materials indicated it is substantially lacking information: sand delivery, amount of sand, an amendment is for an approved driveway to be rerouted, the architectural plans were refined but work incomplete planting plan, and a few other items. Asked for a 2 -week continuance. remains outside the 50 -foot setback and reduces the size of the patio. Erisman — Asked if they are in compliance with the enforcement order. Golding — Confirmed that the pool is within the 50 -foot setback but outside the 25 -foot. Staff —They are in compliance with the removal of things; he is asking for a guarantee they are in Topham — There is a lot of construction on the top of the bank. compliance with the 40/20 blend of sand, silt, and aggregate. If they don't submit that information soon, Clarification of the amended work as opposed to the previously approved work. they are subject to further enforcement. They are not in total compliance at this time. Erisman — Asked for a landscaping plan. Continued to August 10 by unanimous consent. Alger — Two concerns: lack of offset on plans, her client's plan in 2001 showed the limit of top of coastal N/A bank line at the top and bottom; this plan shows the limit of top of coastal bank line only along the Road (20 -44) SE48 -2243 bottom; asked why they aren't being held to the same standard and why the top line isn't impacting the Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham edge of their dwelling and the location of the proposed garage. For renovation and addition. It is constructed in compliance and recommend this be issued. Gasbarro — Asked for a 2 -week continuance Staff None Motion Continued to August 10 by unanimous consent. Vote N/A III. PUBLIC MEETING A. Certificates of Compliance (5:36) 1. Four Saratoga LLC —14 Tennessee Avenue (60.1.2 -6) SE48 -2506 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Waiting for information. Asked for a 2 -week continuance. Discussion None Motion Continued to August 10 by unanimous consent. Vote N/A 2. Thompson —14 Fargo Way (14 -17) SE48 -2645 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff His review of materials indicated it is substantially lacking information: sand delivery, amount of sand, an incomplete planting plan, and a few other items. Asked for a 2 -week continuance. Discussion Erisman — Asked if they are in compliance with the enforcement order. Staff —They are in compliance with the removal of things; he is asking for a guarantee they are in compliance with the 40/20 blend of sand, silt, and aggregate. If they don't submit that information soon, they are subject to further enforcement. They are not in total compliance at this time. Motion Continued to August 10 by unanimous consent. Vote N/A 3. Cross — 9 Wauwinet Road (20 -44) SE48 -2243 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff For renovation and addition. It is constructed in compliance and recommend this be issued. Discussion None Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 4. 48 SPR LLC — 48 Shimmo Pond Road (43 -79) SE48 -2789 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff This is a coastal project. Asked the applicant to provide the update; they submitted the monitoring report. This is a well-done project; he will schedule a site visit. Recommend this be issued with on -going Conditions 17, 18, 20, 21, 22, 23, 26, 29, 30, and 31. Discussion Varoujan Hagopian, GEI Consultants, Inc — Reviewed photos taken before, during, and after construction. They will continue to monitor the project; their next monitoring report is due in the spring. Seth Wilkinson, Wilkinson Ecological Design — Reviewed the nourishment sand provided: about 62 cubic yards. The pre- vegetated fiber rolls are starting to show plants. Noted north - facing projects have had a very high survival rate even without a steady source of water. Hagopian — The lower section of nourishment, the grass will come through allowing them to put more sand at the toe. Noted that there is an access on a right of way if the commission wants a site visit. Erisman — She will be interested to see how it holds up in a major storm, especially the lower bank. Motion Motion to Issue as recommended. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 4 of 6 Minutes for July 27 2016 adopted Aug. 10 5. Barbieri —14 Gosnold Road (30 -83) SE48 -2282 — Reissue Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff They lost original Order of Conditions; it needs to be recorded. The site is in compliance. Recommend the be reissued. Discussion None Motion Motion to Reissue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 6. Todd —11 Wauwinet Road (20 -43) SE48 -2831 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Driveway relocation. An adjustment was made in the field; a couple of cherry trees were on the edge of the layout of the driveway; the driveway was shifted to go around the trees; it is in substantial compliance. The previously existing driveway was in a berm; that has been revegetated and is in compliance. Recommend issue with on -going Conditions 19 and 21. Discussion Erisman — Would like to see the revegetation photos. Staff — The photos are in the monitoring report, which is more detailed. Motion Motion to Issue as recommended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 7. Stamas — 10A Crow's Nest Way (12 -44.6) NAN -117 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Joe Topham Staff Renovation and addition. This is in compliance; recommend it be issued. Discussion None Motion Motion to Issue. B/C (made by: Bennett) (seconded by: Champoux) Vote Carried unanimously 8. Mayer — 20 Gingy Lane (41 -848 ) NAN -101 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff Construction of a single - family dwelling with landscaping, accessory structure, and driveway. It is in compliance; recommend it be issued. Discussion None Motion Motion to Issue. (made by: Golding) (seconded by: Topham ) Vote Carried unanimously B. Orders of Condition 1. Holt — 98 Squam Road — (12 -36) SE48 -2898 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff This has the "phantom" wetland; he doesn't know what can be done to prevent missing a resource area again. Noted that the Squam area is a very difficult area to delineate wetlands. This is for a pool fence within the 50 -foot buffer. Discussion None Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 2. Dale Phelon /Swain's Point Trust — 260 Polpis Road (25 -1) SE48 -1652 Reissue Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff While doing a title research and they found the Order of conditions hadn't been recorded. Discussion None Motion Motion to Reissue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously C. Extension Requests 1. Blue Shutters RT — 4 Hulbert Avenue (42.1.4 -2) SE48 -2582 Sitting Steinauer, Bennett, Erisman, LaFleur, Champoux, Golding, Topham Staff None Discussion Paul Santos, Nantucket Surveyors — They are preparing to close out the permit; this has a planting plan associated with it. They will be submitting a compliance request probably within a couple of weeks; but this expires before then. They are asking for a 1 -year extension Motion Motion to Issue a 1 -year extension. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 2. Hither Creek Boatyard — 20 North Cambridge Street (130 -87) SE48 -2141 3. Hither Creek Boatyard — 20 North Cambridge Street (130 -87) SE48 -2109 Sitting Steinauer, Bennett, Erisman, Champoux, Golding Recused LaFleur, Topham Staff None Discussion Paul Santos, Nantucket Surveyors — They are planning additional work to be under an amendment. They are asking for two years of extensions for each DEP number. Motion Motion to Issue two 1 -year extensions each for SE48 -2141 and SE48 -2109. (made by: Bennett) (seconded by: Champoux) Vote Carried 5 -0 Page 5 of 6 Minutes for July 27 2016 adopted Aug. 10 D. Monitoring Reports 1. Waters Edge N.T —16 Medouie Creek Road (20 -26) SE48 -2577 2. Todd —11 Wauwinet Road (20 -43) SE48 -2831 E. Other Business 1. Approval of Minutes for July 13, 2016: Approved by unanimous consent. 2. Enforcement Actions: a. f Pement Road — Staff has received no correspondence from the property owner; he has asked town counsel to put together the ticketing procedure. Massachusetts General Law requires that the board designate a person as the enforcement agent other than police to issue a non - criminal ticket: conservation agent to chair. Motion to Designate the Town Conservation Agent as the enforcement agent. (made by: LaFleur) (seconded by: Champoux) Carried unanimously b. North Beach Street, aka 65 & 67 Easton Street — Town Counsel is working on this and should be able to provide an update soon c. Ms Kureteck — Staff has scheduled a meeting and will be going out to take pictures. d. Brocks Court — Staff will be inspecting a chicken enclosure. 3. Emergency Certification — None 4. Reports: a. CPC, Golding 5. Commissioners Comment — None 6. Administrator/ Staff Reports a. IT has put together a requisition for new I -Pads for the ConCom members. b. If anyone wants off their appointed committee, now is the time to bring that up. c. Asked that if anyone is interested in the Shellfish Management Plan Information Committee to let staff know. Motion to Adjourn: 6:33 p.m. Submitted by: Terry L. Norton Page 6of6