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Home My WebLink About2016-11-30Minutes for November 30 2016 adopted Dec. 15 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket- ma.gov Wednesday, November 30, 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 None Called to order at 4:01 p.m. Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker number. Proposed work is to add a garage on slab with flood vents, new shell driveway on a portion of Attending Members: Bennett, Erisman, Steinauer, LaFleur, Topham street to be acquired through yard sale program, add raised spa on existing patio. Have dewatering because Absent Members: Champoux, Golding Public None Late Arrivals: None Erisman — Concerned about what would be stored in the garage in the event of flooding and herbicides etc 2 Earlier Departure: None Staff 0 Agenda adopted by unanimous consent Motion to Close. (made by: Topham) (seconded by: LaFleur) Vote *;Matter has not been heard n Z 1. PUBLIC MEETING n A. Public Comment — None 11. PUBLIC HEARING N A. Notice of Intent ri 1. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2834 (Cont 01/04/2017) t 2. Sunset House, LLC —15 Hallowell Lane (30 -10) SE48- 2924(Cont 12/14/2016) ' 3. Burke — 37 Gardener Road (43 -85) SE48- 2930 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Recused None Documentation None Representative None Public None Discussion (4:01) None Staff This has a withdrawal request that needs to be accepted. Motion Motion to Accept the Withdrawal. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 4. Haulover, LLC — 165 Wauwinet Road (7 -1.1) SE48 -2932 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — Reviewed the project. Received letter of no -take with conditions from Massachusetts Natural Heritage: no work in April, removal of stairway to be by April 1. Public None Discussion (4:02) None Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 5. 62 Walsh Street, LLC — 62 Walsh Street (29 -85) SE48 -2933 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors — Resource land subject to coastal storm flowage. Was held for DEP number. Proposed work is to add a garage on slab with flood vents, new shell driveway on a portion of street to be acquired through yard sale program, add raised spa on existing patio. Have dewatering because going down just enough to meet building code and expect to need dewatering. Public None Discussion (4:05) Erisman — Concerned about what would be stored in the garage in the event of flooding and herbicides etc being swept up in flood waters. Staff Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously Page 1of5 Minutes for November 30, 2016, adopted Dec. 15 Page 3 of 5 10 -12 years ago; it has broken loose and caused damage on a number of occasions. A number of other related waterway issues and issues with the Harbor Overlay Plan Zoning District; there is additional living space and the structure moving Bracken — The waiver has been requested. Any zoning related issues will be addressed at the Zoning Board of Appeals hearing scheduled for December 8. Think the project is an improvement as the building is being pulled away from the bulkhead and the building will be off the ground. The platform doesn't have a Chapter 91 license but it has been there and approved on the last Order of Conditions; still have to complete the Chapter 91 process. Erisman — Asked if there would still be roofing over the space that the house is vacating. Bracken — Yes. Most of the run -off water is maintained on the property; will be trying to get gutters approved; explained how the run -off would be handled. There is an 18% increase in ground cover with the steps and porch; it is still within what zoning allows. Erisman — Expressed concern about the establishment of new grass and use of irrigation for a new lawn. Bracken — It is showing as new lawn. Right now there is no proposed irrigation. The soil borings were done at the base of the wall of the bulkhead to ascertain if there was any fill. Staff Did look at eel grass in that location; there is none. The platform was present in 2012 but disappeared before 2013; it is grandfathered and not abandoned Have everything needed to close. `lotion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 8. *Holly Farm Realty Trust — 290 Polpis Road (25 -3) SE48 -2936 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — The Board of Health (BOH) has issued a letter requiring an upgrade to the septic system, to an I /A, drip - absorption system. It is outside the 100 -foot buffers to bordering vegetated wetlands and isolated wetlands. All work is within previously disturbed area with silt fencing. Public None Discussion (4:55) Erisman — Asked if there is a way to ensure the pipes don't leak. Bracken — The system is alarmed; if the pipe breaks, they will know. Steinauer — In the past, this board has required sleeving for within the 25 -foot buffer; this is all outside. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 9. *Nantucket Island Resorts — 50 Easton Street (42.4.1 -23) SE48 -2934 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Recused None Documentation Site plans, topographical maps, photos, IINH sign off letter, departmental reports, and correspondence. Representative Kathryn Barniele, Senior Wetland Scientist, AECOTNI — This is for maintenance dredging at White Elephant; did this in 2002 and 2008. There is some sand accretion from the NNE blocking some of the finger -pier slips. Updated all the surveys; found only small combing of eel grass within 100 feet of the bulkhead. The 2008 Chapter 91 permit is still valid; applied for water quality certification and that public notice was in the paper. Have a letter from Marine Fisheries confirming the time of year restrictions for winter flounder; all dredging has to be done by January 15 and hope to start January 1, 2017. The last time they dredged, they dewatered to Children's Beach and left some material for nourishment; there is no more room there. Hoping to work out a location for it; asked that it be conditioned. Public None Discussion (5:01) Erisman — Sounds like they are dredging a small triangular area, but that isn't clear on the plan. Barniele — Want to memorialize continued maintenance dredging within the proposed footprint. Will use best management practices in handling water and sand. Steinauer — In the 29 square meter plot tested, about 51 square feet out of almost 2800 square feet, the, found one quahog which adds up to 55 quahogs in the entire area. It might be worthwhile to do a chemical analysis of any silt drawn out with the sand. Barniele — the State doesn't require to test the silt for that because there is such a small percentage. They have to do due diligence as part of the certification; and have to record any spills or outwash from storm events. They will dewater on a barge and take the barge to Steamship Wharf for the sand to be trucked out of the resource area. Staff Storing the soil post dewatering can be a condition similar to draining pools as stored outside the area. This is an area considered devoid of shellfish and is considered an area suitable for aquaculture Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Topham) \ ote Carried unanimously Page 3 of 5 Minutes for November 30 2016 adopted Dec. 15 6. Nantucket Island Resorts — 50 Easton Street (42.4.1 -23) SE48 -2934 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff Condition 24 covers sand being removed to outside the resource area; will oil discharge is also required to be removed to outside the resource area. Condition 19 covers a silt fence; will add a silt curtain also be on the barge. Discussion (5:42) Steinauer — Need something about where the sand is stored. Erisman — If oil discharges, do they have to notify staff. LaFleur — There should be a silt fence on the barge. Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously B. Other Business (5:46) 1. Approval of Minutes 11/16/2016: adopted by unanimous consent. 2. Enforcement Actions: a. Map and Parcel 45 -1 adjacent to 175 Polpis Road — Had a call from Nantucket Island Land Bank in regards to any progress on the enforcement action issued against them and an abutter for unpermitted brush cutting on Land Bank property. That is due by the next meeting. 3. Reports: a. NP &EDC, Bennett — nothing to report b. ;Mosquito Control Committee, Erisman — nothing to report 4. Commissioners Comment a. None 5. Administrator /Staff Reports a. He will get a letter to the members. The board should consider having a special meeting to talk about stormwater management and invite the Planning Board and BOH. This board is tasked with managing all natural resources for the Town; if we want to change stormwater management, it starts here. Motion to Adjourn: 5:54 p.m. Submitted by: Terry L. Norton Page 5 of 5