Loading...
HomeMy WebLinkAbout2016-9-7- linutes for September 7 2016 adopted Sept. 21 CONSERVATION COMMISSION, T U C K E- PUBLIC MEETING T1-4 rA OWN C L E R K 2 Bathing Beach Road Nantucket, -Massachusetts 02554 ,�vv,--w.nantucket- ma.gov 2016 SEP 22 AM 8.51 Wednesday, September 7, 2016 4:00 P.M. 4 Fairgrounds Road, Training Room & Community Room Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleur, Ben Champoux, Ian Golding, Joe Topham Called to order at 4:04 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town -Minutes Taker Attending' embers: Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Absent Members: Golding Late Arrivals: LaFleur, 4:07 p.m. Earlier Departure: None Agenda adopted by unanimous consent "Matter has not been heard I. PUBLIC MEETING A. Public Comment — None II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2834 Cont (9/21/16) 2. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2835 Cont (9/21/16) 3. Haulover LLC — 165 Wauwinet Road (7 -1.1) SE48 -2907 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham 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 (4:06) Bracken — Reviewed contents of a letter submitted by Brian -Madden, LEC Environmental Staff Have received the sign off from Massachusetts Natural Heritage. Have everything needed to close. -lotion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Vote Carrie unanimously 4. Town of Nantucket — Shimmo Creek (adjacent to 43 -1) SE48- 2913 Cont (09/21/2016) 5. Nantucket Conservation Foundation — -Medouie Creek (20 -25) SE48- 2915;1/ Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Recused None Documentation Site plans, topographical maps, photos, -MNH sign off letter, departmental reports, and correspondence. Representative Karen Beattie, Nantucket Conservation Foundation Public None Discussion (4:08) None Staff Held for Massachusetts Natural Heritage sign off, which we have. Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 6. Sykes — 63 North Liberty Street (41 -144) SE48 -2911 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Jeff Blackwell, Blackwell and Associates Public Emily Molden, Nantucket Land Council Discussion (4:09) Blackwell — Submitted request for waiver for 2 -foot separation from ground water. Molden — Due to placement of foundation asked what the groundwater is. Blackwell — The Building Code requires a 4 -foot depth below grade. In reviewing the auger holes for the wetlands to east, he anticipates there is as much 1.5 to 2 feet into the hydrate indicators of annual high groundwater. Staff Have everything needed to close. -lotion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 1 of 7 Minutes for September 7 2016 adopted Sept. 21 10. *96 `Vest Chester NT — 96 West Chester Street (41 -483) SE48 -2918 Sitting Bennett, Erisman, Steinauer, 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 Public Emily Molden, Nantucket Land Council James Lentowski, Nantucket Conservation Foundation (NCF) Steven Cohen, Cohen & Cohen Law PC, for an abutter Discussion (4:40) Haines — This is for installation of a swimming pool outside the 50 -foot buffer to bordering vegetated wetlands that surrounds the property. They will have to dewater because water table is at about 12.5 and the pool is at 16 and going about 8 feet; explained the proposed dewatering process. Excavated material will be removed from the property. Asking for a waiver for work within two -feet of water table under no reasonable alternative. Explained the salt -based filtration system. Clarified the location of the pool fence. Erisman — The pool will displace ground water very close to wetlands. Haines — Noted that in this area, all water flows toward the ocean, not the wetland; he believes the groundwater will come to equilibrium. Molden — Asked for clarification on the relation of the groundwater to the bottom of the pool. Concerns include: construction in a high -water area with Spring being a wet season when the construction could worsen run -off issues. She is interested in confirmation that there are no other wetlands within 50 feet. Asked for monitoring during dewatering. Haines — The pool's bottom will be at elevation 8. He is very certain there are no other wetlands. Lentowski — Submitted at the table a locus plan showing abutters and near neighbors. One item that popped out was the representation of all work occurring within lawn area; he is concerned about the proximity to NCF property because this is notoriously high groundwater area. He's not clear about the area right of the parking which shows as encroaching on NCF property. If the pool is on the property line, there is no way to install the fence without coming onto NCF property; he doesn't want a situation where the owners have to come onto NCF property to maintain the fence. Spring is traditional the time for this work and it is wet; would prefer the work be done during the dry season. Also high groundwater could push the pool out of the ground; there are engineering solutions to that and wants to know that is being done. Also, when the pool is emptied, it should not be dumped on NCF property. Cohen — There are concerns with the pool and no actual groundwater levels; that area floods. Also the salt filtering system becomes chlorine; the pool could get flooded and flush that chlorinated water into the wetland environment. The commission should condition that there is a designated way to empty the pool so that a siphon hose isn't used. Also there should be consideration of protection of the scenic view. It should be incumbent upon the applicant to provide screening, not the NCF. Haines — Explained that the salt does convert into a very small percentage of chlorine. Steinauer — There would even be concern about pumping that water into a leech pit because that works back into the groundwater. Haines — If there is concern about the salt - filter system, he will research other systems. Lentowski — He's concerned about this setting a precedent for more pools in the area. Haines — Asked for a two -week continuance Staff Noted that the silt fence crosses the 50 -foot buffer but the pool fence does not. There are concerns: how- and where the pool will be drained, the confirmed depth of groundwater, and protocol for work adjacent to abutting lots to prevent encroachment. Motion Continued to 9/21/2016 without objection. Vote N/A B. Amended Orders of Conditions 1. _U-�K Daddy Trust — 68/72 Monomoy Road (43- 119,115) SE48 -2803 Cont (09/21/2016) 2. Smithburg, Inc — 143 Wauwinet Road (11 -8) SE48 -2536 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Recused None Documentation Site and topographical plans, photos, requisite departmental l reports and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey Public None Discussion (5:09) Gasbarro — This is for renovation to a previously approved single - family dwelling; resource areas are Mass Barrier beach, coastal dune, vegetated wetland, and land subject to coastal storm flowage. The new structure elements are not within the buffer to the wetland. The slab -on -grade structure is being lifted onto piers; this will be a benefit by allowing sand to migrate under the structure. Reviewed the structural design changes. There is an existing new I/A septic and there no expansion of bedrooms. Erisman — The connector deck looks like it's sitting in the sand on one side; the sand should be able to travel below that deck. Gasbarro — If that deck is removed, people would be walking on the sand. Champoux — Asked if raising the deck would have a significant effect on the resource area. Gasbarro — If the deck is to be raised, it would have to be cut out and new piers sunken. Page 3 of 7 Alinutes for September 7 2016 adopted Sept. 21 3. Haulover, LLC — 165 Wauwmet Road (7 -1.1) SE48 -1084 4. Haulover, LLC — 165 Wauwinet Road (7 -1.1) SE48 -2894 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Recommend these be issued. Discussion(5:50) Jeff Blackwell, Blackwell and Associates — Recapped the two Orders of Conditions. Motion Motion to Issue SE48 -1084. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously Motion Motion to Issue SE48 -2894. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 5. Cosay — 141 Cliff Road (30 -1) SE48 -2671 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Recommend this be issued Discussion (5:53) Paul Santos, Nantucket Surveyors — Reviewed the project. In compliance. `lotion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 6. Wesquo Capital Partners — 57 Washington Street (42.2.3 -37) SE48 -2791 7. Wesquo Capital Partners — 57 Washington Street Lot 1A (42.2.3 -37) SE48 -2796 8. Wesquo Capital Partners — 57 Washington Street Lot 1B (42.2.3 -37) SE48 -2837 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Joe Topham Staff They are all three in compliance. Discussion (5:54) Paul Santos, Nantucket Surveyors — SE48 -2791 is for the demolition of an existing dwelling. SE48 -2796 is for the renovation of an existing dwelling at 57 Washington Street and added second dwelling. For SE48 -2837 is for construction of an existing dwelling at 59 Washington with secondary dwelling & landscaping. Motion Motion to Issue all three Certificates of Compliance. (made by: LaFleur) (seconded by: Erisman) Vote Carried unanimously Motion to recess and reconvene at 6:05 p.m. in the second -floor Training Room. (made by: Champoux) (seconded by: LaFleur) Carried unanimously Called back into order at 6:05 p.m. C. Orders of Condition 1. Haulover LLC - 165 Wauwinet Road (7 -1.1) SE48 -2907 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Upgrade to septi-tech system within barrier beach. Condition 4: testing for the Board of Health and the Operation and Maintenance Agreement be on file with the commission. Discussion (6:07) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 2. Nantucket Conservation Foundation — Medouie Creek (20 -25) SE48 -2915 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Spot treatment of Phragmites in a restored area. Condition 21: specifies type of herbicide used to be submitted in writing and license of applicator be on file. Condition 23: all species to be verified on the Nantucket Invasive Species list prior to treatment to ensure they aren't native phragmites. Condition 24: photos and list of species removed and treatment. Discussion (6:08) Steinauer — Confirmed the reason for mentioning of the triclopyr. Erisman — Asked how the verification of species would be submitted. Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously 3. Sykes — 63 North Liberty Street (41.144) SE48 -2911 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Memorialized no materials stored in the 50 -foot setback and no permanent dewatering is permitted. Discussion (6:12) None Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 4. Pocomo Road NT & Acklandia RT- 72 & 78 Pocomo Road (15 -37 & 39) SE48 -2919 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff For sanddrift fencing. Included getting permission to work on the beach from the beach manager and monitoring report for photos in spring and added a condition about what will happen if there is a negative impact. Will add Condition 23 for nourishment reporting. Discussion (6:13) Erisman — Asked if there is any nourishing, they need to report how much. Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously Page 5 of 7 Minutes for September 7, 2016, adopted Sept. 21 Lewis — Submitted at the table a letter from Bruce Griffin, NEE Senior Scientist, in regards to the property. This property has been in contention a long time. The Chicken coop received Historic District Commission approval, so she assumes the owner has no intention of removing it. Read Mr. Griffin's letter into the record. Fader — Submitted at the table a letter from Greg Elder,42 Liberty Street. Read Mr. Elder's letter into the record. Noted that 1 Brock's Court is now known as 2 Brock's Court; it was originally 44 Liberty Street. Bennett — Asked the distance from this property to the abutters house. Steinauer — Would like to see a plan showing the extent of the fill and placement of the walls in relation to the wetland boundaries. Bennett — Would like to see a third -party wetland delineation. Champoux —The well is also in violation. We have no engineering on it. Steinauer — If they are using the well for dewatering, we need to put a stop to that. Discussion about how to proceed in regards to the well. Consensus is to cap the pipe to the well and have Natural Resources staff inspect it. Rits — He will provide pre- and post- plans at the next plan and is willing to cap the pipe. Erisman — Thinks they should be fined for the house move and other work. :Motion Motion to remove chicken structure from commission jurisdiction and impose a $50 fine for its construction without permit. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Motion Motion to cap the pipe leading to the drainage pit in a visible location and impose a $50 fine for construction of the pit within commission jurisdiction without permit. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Motion Motion to keep the remaining items open and subject to review at the September 21, 2016 meeting. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 3. Reports: a. NP &EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Bennett — Witnessed a landscaper telling a homeowner that due to regulations he couldn't use a requested fertilizer. 5. Administrator /Staff Reports a. None Motion to Adjourn: 7:26 p.m. Submitted by: Terry L. Norton Page 7of7