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HomeMy WebLinkAbout2016-8-10Minutes for August 10 2016 adopted Aug. 24 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket - ma.gov Wednesday, August 10, 2016 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleur Ben Champoux, Ian Golding, Joe Topham Called to order at 4:01 p.m. Bennett, Erisman, Steinauer, LaFleur, Champoux Recused Staff in attendance: Jeff Carlson, Natural Resources Coordinator em— --i Z Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux `" Public Absent Members: Golding, Topham Discussion(4:20) Z Late Arrivals: None G Earlier Departure: None iV Knotweed along the back side of the fence at the top of the coastal bank. Waivers are requested. Agenda adopted by unanimous consent q. r� Have everything needed to close. = Motion to Close. (made by: LaFleur) (seconded by: Champoux) *Matter has not been heard CO I. PUBLIC MEETING A. Public Comment 1. Rachel Freeman, Nantucket Islands Land Bank — Update on the Long Pond pilot project for phragmites eradication in the vicinity of Massasoit Bridge. Steinauer — Asked for a stem count so that the success of the program can be used to help evaluate the success of other phragmites eradication programs. II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2834 Cont (09/21/16) 2. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2835 Cont (09/21/16) 3. Laz Family NT — 20 Waquoit Road (90 -5) SE48 -2901 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux 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 (4:15) Gasbarro — This is the 2nd hearing for a set of seasonal beach stairs and grass walking path, swimming pool, other landscaping, and additional work on the structure. We were waiting for Massachusetts Natural Heritage sign off, which was received. Reviewed the revised plan. Steinauer — Asked if the area between the shore and bank is beach. Erisman — Concerned about brush cutting within the 25- and 50 -foot zones. Gasbarro — Could propose no root disturbance in that zone. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 4. Third Time Trust — 41A Cliff Road (42.4.4 -2) SE48 -2904 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion(4:20) Santos — Continuation of a hearing for renovation, addition, and relocation of a structure onto a new foundation. Was continued for Department of Environmental Protection file number and information on invasive species along the top of a coastal bank. His client has agreed to the removal of Japanese Knotweed along the back side of the fence at the top of the coastal bank. Waivers are requested. Champoux — Asked that whoever is doing removal has a license for removal and follows protocol. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 1 of 6 Minutes for Au-ust 10, 2016, adopted Aue. 24 5. 102 Wauwinet Road NT - 102 Wauwinet Road (11 -24.2) SE48 -2902 Sitting Bennett, Erisman, Steinauer, LaFleur Recused Champoux Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Don Bracken, Bracken Engineering, Inc. Public None Discussion (4:23) Bracken — This is for stairs on a coastal bank and a foot path. Reviewed resource areas. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried 4 -0 6. Four Quaise Pasture Road NT — 4 Quaise Pasture Road (26 -29) SE48 -2903 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Don Bracken, Bracken Engineering, Inc. Public None Discussion (4 :25) Bracken — Continued for minor changes; reviewed those changes. All proposed work is within existing lawn area. Staff Were also waiting for Massachusetts Natural Heritage, which was received. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 7. The Nantucket Land Bank — 4 Polpis Harbor Road (54 -187) SE48 -2905 Cont (08/24/16) 8. *Haulover LLC - 165 Wauwinet Road (7 -1.1) SE48 -2907 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Don Bracken, Bracken Engineering, Inc. Public None Discussion (4:27) Bracken — This is a septic system upgrade located at elevation 9 which is in the flood zone. Propose to revegetate disturbed areas with American beachgrass. The silt fence will be on the downhill side. The area is all coastal dune. Reviewed vegetation in the area. Steinauer — Asked about the shurbs. Bracken — There's a lot of rosa rugosa but he didn't take a close look; he has photographs of the area. At this point they've only have specified American beachgrass. He will provide the vegetation information. Asked for a 2 -week continuance Staff None Motion Continued to 8/24 without objection Vote N/A 9. *Nantucket Pond Coalition — White Goose Cove within Long Pond (594- 30,31) SE48 -2908 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Robert Williams, Nantucket Pond Coalition Public Robert Rezendes, 11 Columbus Avenue Hennie Rezendes, 11 Columbus Avenue Ronald Zibelli, 8 Long Pond Drive Jocelyn Gemis, 12 Long Pond Drive Discussion (4:31) Williams — With the success of the pilot program, this NOI is for phragmites removal for White Goose Cove; the process will be over a 5 -7 year period. Reviewed photos of Madaket land trust public dock which is an example of the conditions in the area. In this case, propose to use a Marsh Master, which is a high amphibious vehicle, for spreading of the herbicide. Do not yet have Massachusetts Natural Heritage signoff but foresee no problems. S61itude Lake Management will be doing the work. Champoux — Would like to see a presentation of the application process. Williams — Noted he has concern about leaving the stalk though that is what is recommended. Asked if there are objections to removing the phragmites stalks. Erisman — Leave them for protection of the ecosystem and habitat. Champoux — There is also the removal of the seed head component; cut them off and bag them. Williams — It would be hard to cut and bag the seed head in this case due to the size of the area treated. Williams — He had hoped the company representative could call in. Stated he will forward a link of a video of the Marsh Master in operation to the commissioners. Erisman — She would like to see the 5- to 7 -year plan to reestablish and manage the area. Williams — Grants and sponsors of the program assure about $5000 a year over the next five years. Page 2 of 6 Minutes for August 10 2016 adopted Aug 24 Page 3 of 6 Steinauer — Long -term control has a lot to do with doing it right in the first place. One concern is the phragmites coming back; that will require monitoring the revegetation. Discussion about the revitalization of the pond with the removal of the phragmites. Steinauer — He'd like to see detailed information on the application process: spray nozzle, what kind of drop and drift. The drift should be monitored again due to the use of a new piece of equipment. R. Rezendes — Watched the phragmites increase in the four years he's lived on Long Pond. It takes a fair amount of effort to organize the community; it is now paying attention. H. Rezendes — It's not just aesthetics; phragmites obstruct water activities on the pond. If action doesn't take place soon, it will become impossible to handle. Zibelli — This has been discussed since 1995; it shouldn't be stalled too much longer. Gemis — Asked if anyone looked at the affect the phragmites have on fish. Williams — As phragmites move out into the water, they reduce the opportunity for life cycles to operate properly; it is unhealthy on the entire ecology of the pond. Erisman — Suggested that all the abutters should stop fertilizing their lawns to assist the health of the pond. Williams —They are putting out a brochure to that effect. Asked for a 2 -week continuance. Staff Noted that the ConCom remote participation policy only allows for commissioners to remotely participate. Motion Continued to 8/24 without objection Vote N/A 10. *Pate — 5 Francis Street (42.2.3 -26) SE48- 2906 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative None Public None Discussion (5:07) No questions or comments. Staff This is within land subject to coastal storm flowage; proposing an addition to rear of house with run off into drywell located on the lot; no new construction. There is no grade increase. existing. The house was recently raised to be flood -zone compliant. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously B. Amended Orders of Conditions 1. *MAK Daddy Trust — 68/72 Monomoy Road (43- 119,115) SE48 -2803 Cont (08/24/16) III. PUBLIC MEETING A. Request for Determination of Applicability 1. *Udelson — 94 Tom Nevers Road (91 -41) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (5:09) Rits — This is to delineate the top of a coastal bank and associated buffer zones and brush cutting outside the 50 -foot buffer. The face of the bank and upper dune are well vegetated. Erisman — Asked about the vegetation. Rits — Bayberry and scrub oak and huckleberry; normal scrub growth. Staff Recommend this be issued as a Positive 2 and Negative 3. Motion Motion to Issue as recommended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously B. Minor Modifications 1. Nantucket Conservation Foundation — 183,185, 187 Eel Point Road (33 -1 -3) SE48 -2319 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative None Public None Discussion (At 5:11, was held to allow the representative a chance to arrive) The consensus was comfortable with ruling on this at this time. Staff (5:50) This is an invasive species management project; been trying to treat grey willow and are asking to use Imazapyr injection. This would be the third year of treatment. Reviewed the reporting requirements. Can issue as a minor modification or hold for the representative. Motion Motion to Issue. (made by: Erisman) (seconded by: LaFleur) Vote Carried unanimously Page 3 of 6 Minutes for August 10, 2016, adopted Aue. 24 2. Eleven Crooked Lane, LLC —10 Hickory Meadow Lane (41 -904) SE48 -2682 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Don Bracken, Bracken Engineering, Inc. Public None Discussion (5:12) Bracken — Reviewed the plan from the existing Order of Conditions, which is from 2014. This modification is for the loci of structures to be reconfigured. Staff There is very little work within ConCom jurisdiction. The locations are being changed with no change in area. Recommend issue this be issued as a minor modification. Motion Motion to Issue as minor modification. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 3. Nantucket Electrical Co —1 Candle St (42.3.1 -93) SE48 -2731 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative None Public None Discussion (5:16) No questions or comments. Staff The modification is asking to change the large sand bags to smaller sand bags. Recommend this be issued as a minor modification. Motion Motion to Issue as minor modification. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously C. Certificates of Compliance 1. Four Saratoga LLC —14 Tennessee Avenue (60.1.2 -6) SE48 -2506 (Cont 09/21/2016) 2. Thompson —14 Fargo Way (14 -17) SE48 -2645 (Cont 09/21/2016) 3. PKG Design Build, LLC - 3 & 3A Pilgrim Road (41 -612 & 613) SE48 -2382 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Representative Mark Rits, Site Design Engineering Staff Recommend this be issued with no on -going conditions. Discussion (5:18) Rits — This was for the construction of a subdivision roadway partially within the 100 -foot buffer to an offsite isolated vegetated wetland. Work is completed in compliance with original order. Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 4. 5 Quaise, LLC — 5 Quaise Pastures (26 -21) SE48 -2488 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Representative Mark Rits, Site Design Engineering Staff Recommend this be issued with no on -going conditions. Discussion (5:19) Rits — All structural components outside 50 -foot buffer of a bordering vegetated wetlands. Work is done per order. Most work outside the 50 -foot buffer. A second open order is for a boardwalk still under construction. Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 5. Schwenk —17 Dukes Road (41 -313) SE48 -2811 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Representative Don Bracken, Bracken Engineering, Inc. Staff Recommend this be issued with no on -going conditions. Discussion (5:22) Bracken — Reviewed project; in compliance Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 6. Swain Point Nominee Trust — 260 Polpis Road (25 -1) SE48 -1133 7. Dale /Phelon Swains Point Trust — 260 Polpis Road (25 -1) SE48 -1652 8. Swains Point N.T — 260 Polpis Road (25 -1) SE48 -1266 9. Swains Point N.T — 260 Polpis Road (25 -1) SE48 -2633 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Representative Jeff Blackwell, Blackwell & Associates Staff The project is in compliance with the permit; however, given the history with this lot, suggested an on- going condition to memorialize the maintenance of the resource areas and following fertilizer best management practices (BMP). There are wetlands and an active stream. Discussion(5:23) Blackwell — Reviewed all four 260 Polpis Road Orders of Conditions. Motion Motion to Issue with the on -going conditions for maintenance and BMP use of fertilizers for life. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 4 of 6 Minutes for August 10 2016 adopted Aug. 24 10. Collis — 5 Galen Avenue (29 -122) SE48 -2815 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Representative Jeff Blackwell, Blackwell & Associates Staff The timber and patio are in previous lawn area. The cleanest way to handle this is to require a plan change to memorialize the work then issue the certificate of compliance. The plan is accurate but doesn't reflect the file plans. There are already waivers issued with this project; no new -scope features are being added. Discussion(5:32) Blackwell — This was for a new foundation in a flood zone and re- establishment of an area within a now delineated bordering vegetated wetlands. Work on the house and landscape meet the Order of Conditions except: patio, sand -filled timber area, and bluestone pavers all within the buffer to the now - delineated bordering vegetated wetlands. All the elements are landscape features and don't displace flood water. LaFleur — Suggested this be handled through the request for a minor modification. Motion Continued to 8/24 by unanimous consent. Vote N/A 11. Eilers — 66 West Chester Street (41 -371) SE48 -809 Reissue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Representative None Staff In compliance. Discussion(5:23) No comments Motion Motion to Reissue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously D. Orders of Condition 1. Laz Family NT — 20 Waquoit Road (90 -5) SE48- 2901 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Staff Need to add Condition 21 no root disturbance allowed within the 25- & 50 -foot buffers. There is a waiver request that all structures be at least 100 feet from the eroding bank. Discussion (5:40) No questions or comments. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 2. 78 Wauwinet Road LLC — 78 Wauwinet Road (14 -18) SE48- 2900 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Staff Condition 22 states no permanent dewatering is allowed Discussion (5:43) No questions or comments. Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 3. Third Time Trust — 41A Cliff Road (42.4.4 -2) SE48 -2904 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Staff Need to add Condition 20: a copy of the applicator's license is to be provided. Discussion (5:44) No questions or comments. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 4. 102 Wauwinet Road NT - 102 Wauwinet Road (11 -24.2) SE48 -2902 Sitting Bennett, Erisman, Steinauer, LaFleur Staff Pretty straight forward. Discussion (5:45) No questions or comments. Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Steinauer) Vote Carried 4 -0 ( Champoux recused) 5. Four Quaise Pasture Road NT — 4 Quaise Pasture Road (26 -29) SE48 -2903 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Staff Will add Condition 19 for no draining of the pool in area of ConCom jurisdiction and Condition 20 for no use of cultivars. Discussion (5:46) No questions or comments Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 6. Pate — 5 Francis Street (42.2.3 -26) SE48- 2906 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Staff Pretty straight forward. Discussion (5:48) No questions or comments. Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously Page 5 of 6 Minutes for August 10, 2016, adopted Aug. 24 7. Turner & Saum —1 Francis Street (42.2.3 -43) SE48 -2702 Reissue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Staff Lost the order so couldn't record it. Discussion (5:48) No questions or comments. Motion Motion to Reissue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously E. Other Business (5:55) 1. Approval of Minutes, 07/27/2016: Motion to Approve. (made by: Champoux) (seconded by: LaFleur)Carried unanimously 2. Enforcement Actions a. Esther Island responded to the notice and scheduled a site visit; will have police accompaniment b. 36 Pocomo Road responded and engaged LEC to delineate the wetlands and put together a restoration plan. c. 12 Monomoy Creek Road property manager will meet with ConCom staff on site on August 11, 2016. d. 4 Swain Street cut phragmites in the wetland without a permit; suggested issuing the enforcement action to get them in here to ensure they treat the phragmites properly and get the treatment as part of their existing order. Motion to Issue the Enforcement Order. (made by: Steinauer) (seconded by: LaFleur) Carried unanimously e. Kureteck family, corner Quidnet and Polpis Roads, continued with clearing of under growth in a wetland. Would like to issue this out and the letter to start them down the permitting path. Been chasing this site 12 years Motion to Issue the Enforcement Order. (made by: Champoux) (seconded by: LaFleur) Carried unanimously f. 1 Brocks Court have erected a robust chicken pen on the large grass area in the back: 15X25 with 6" posts and chicken wire on the sides and top. They are not in compliance and the resource area is in question. Asked if the board wants to issue an Enforcement Order or encapsulate the work into the permit. There are open applications in place for a number of activities; however, before their NOI is heard again, it has to be re- noticed since it's been so long. Forcing the resource delineation would be part of the Enforcement Order. Consensus of the board wants to issue an Enforcement Order. Bruce Griffin, for the abutters — Referred to a letter of concerns; would like to see the site restored to previous conditions; on -going activity has been without regard to ConCom authority to protect wetlands. Reviewed the amount of work the abutters believe to be unpermitted. Discussion about how the board wishes to proceed: issue Enforcement Order and start them down the punitive path of daily fines. Mr. Carlson explained the process of enforcement of punitive actions and penalties. Motion to Issue the Enforcement Order and have it serve as notice to begin punitive actions. (made by: Champoux) (seconded by: Erisman) Carried unanimously 3. Reports: a. NP&EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Champoux — On the phragmites issue, he doesn't want any group that are getting support behind them to feel discouraged about going through proper channels to remove phragmites. 5. Administrator /Staff Reports a. Smith Point is again open for vehicle traffic. Most beaches are open again. Motion to Adjourn: 6:28 p.m. Submitted by: Terry L. Norton Page 6 of 6