HomeMy WebLinkAbout2016-7-27Minutes for July 27, 2016, adopted Aug. 10
CONSERVATION COMMISSION
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PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
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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