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Home My WebLink About2016-10-5Minutes for October 5 2016 adopted Oct. 19 CONSERVATION COMMISSIONki A N? U C {� E T PUBLIC MEETING T OWN CLERK 2 Bathing Beach Road Nantucket, Massachusetts 02554 2016 OCT 20 PM IZ' 35 www.nantucket-ma.gov Wednesday, October 5, 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 4:05 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, Champoux Absent Members: LaFleur, Golding, Topham Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard 1. PUBLIC MEETING A. Public Comment — None 11. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT — 1 Brock's Court (42.3.4 -84) SE48 -2834 (Cont 10/19/2016) 2. Larusso — 316 Polpis Road (25 -7) SE48 -2922 Sitting Bennett, Erisman, Steinauer, Champoux Recused None Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting — This will need to continue due to Massachusetts Natural Heritage; they want more of a buffer with a management plan; reviewed what he's proposing for that buffer. Will need a waiver to maintain a meadow area within the buffer. Public None Discussion (4:06) Erisman — Would prefer there be no mowing within the 25 -foot buffer. Page 1 of 7 Champoux — Agrees with holding the 25 -foot line as a no- disturb area. Haines — Agreed to no mowing but asked to be allowed to extend management into the 25 -foot buffer. Staff None Motion Continued to October 19 by unanimous consent. Vote N/A 3. *Sunset House, LLC —15 Hallowell Lane (30 -10) SE48 -2924 Sitting Bennett, Erisman, Steinauer, Champoux Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — Requested a continuance. Public None Discussion (4:17) None Staff None Motion Continued to October 19 by unanimous consent. Vote N/A 4. Steven L. Cohen Trustee — 53 Walsh Street (29 -60) SE48 -2927 Sitting Bennett, Erisman, Steinauer, Champoux Recused Documentation None Site plans, topographical maps, photos, IINH sign off letter, departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors — This is within land subject to coastal storm flowage for the in -fill of two areas of a structure and removal of a small portion. All work is within the existing foot print. Public None Discussion (4:17) None Staff This was continued for a DEP number Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Erisman) Vote Carried unanimously Page 1 of 7 Minutes for October 5, 2016, adopted Oct. 19 C. Amended Orders of Conditions 1. �L1K Daddy Trust — 68/72 Monomoy Road (43- 119,115) SE48 -2803 Sitting Bennett, Erisman, Steinauer, Champoux Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — This is the second hearing for residential redevelopment within the resources areas for coastal bank, coastal dune, and land subject to coastal storm flowage. Reviewed the revised proposal, which presents a very large reduction of structural area within the buffer zone; feels this has a very strong net benefit element. Included is the landscape plan, which was requested by the commissioners. The amendment also includes ensuring the structures meet flood -zone requirements. The project as proposed will not impact the bank. Steven Cohen, Cohen & Cohen Law PC Public Sarah Alger, Sarah F. Alger P.C., for 74 Monomoy Road — Presented a 2001 NOI survey at the table. Reviewed the chronology of the project; 2013 NOI identified the toe of the bank still in effect in 2015. Asked the commission, when making a net benefit analysis, they should recall that the garage wasn't part of the waiver request because it wasn't within the buffer; now it is. The paved driveway is being replaced with a gravel driveway that over time will become impacted and thus impervious and should be considered a structure. Discussion (4:35) Gasbarro — The slope of the toe of the bank wasn't definable because it was defined as an intersection with the flood zone. Where there is a definable toe slope, he noted that. Erisman — Asked if the plant list is available. Gasbarro — Beach grass and bayberry will be down near the bank; they can accept a condition to use only native species. The project as proposed is not going to impact the function of the bank. Steinauer — Asked if Ms Alger if her clients prefer the original NOI over what is proposed here. Alger — The original approval was issued under misinformation; noted that her client could ask that under 136.4.e., that NOI be revoked. There are no concerns with the house itself, the garage however seems unnecessary. In the landscape plan, there are significant areas covered by antique granite risers and pavers; she believes those haven't been considered as structures; they should be. Gasbarro — The Emack plan doesn't define toe of bank, just the top of bank. The shape is exactly the same as previously approved. The waiver is based upon the overall project. The driveway is being reduced 4,600 square feet. The stone risers are a landscape feature; they wouldn't tip the scale of net benefit if the, were. This meets the performance standards and meets the net - benefit requirements. Cohen — The owner is flexible on the driveway material. Believes the request to rescind the original approval is not appropriate as this is an application for an amended order on an existing approval. Alger — Feels removal of the garage is a simple solution; that or require it be outside the 25 -foot buffer. Cohen — Would like to close and move forward; will continue if the board has any questions. Champoux — Thinks a pervious driveway is a big benefit. This work should not affect the performance of the resource area. Agrees about the garage being outside the 25 -foot buffer and would approve this project based on the over -all net benefit. Steinauer — He is inclined to approve the project. Erisman — Thinks construction will have an impact on the harbor. Also, she has concerns about the landscape plan, which shows disturbance of almost all the land. Gasbarro — The only way there would be an impact on the harbor is if the erosion and sedimentation controls fail. The silt fencing could be improved. He is happy to do reporting during construction. Staff The coastal bank line wasn't included on the original approval. Asked why the slope of the toe of the coastal bank wasn't defined. Reviewed the performance standards associated with coastal banks and noted that here the bank is a storm - damage bank, not a sediment- source bank. The waiver is associated with the flood zone, not the coastal bank. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried 3- 1 / /Erisman opposed Deliberation on Bennett — Questions if moving the garage deeper into the property would make a difference. the OIC (528) Steinauer — Feels the overall net benefit warrants approval. Erisman — Plants that go in must be native; wants to look at amount of the fertilizer the comes with plants from off - island nurseries. Would like the lawn to be native grasses. Champoux — Regulations are in place and it is upon the owner to comply. It can be conditioned with no fertilizer use within the 25 -foot buffer. Staff In regards to the fertilizer in nursery plants, no new information may be requested during this discussion. Condition 22: no fertilizer within the 25 -foot buffer. Condition 23: no cultivars in the areas of native plantings. Condition 24: silt fence with hay bales be installed adjacent to Nantucket Harbor. Condition 25: requires bi- weekly construction logs. Finding 2: resource area approve. Finding 3: resource area approval superseded by areas shown on the amended order of conditions. Can add no in -fill foundation on these structures. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously Page 3 of 7 \finutes for October 5, 2016, adopted Oct. 19 3. Fayette Street Partners, LLC — 13 Fayette Street (Lot C) (42.3.2 -28.1) SE48 -2792 Sitting Bennett, Erisman, Steinauer, Champoux Recused None Documentation Site plans, topographical maps, photos, AINH sign off letter, departmental reports, and correspondence. Representative Ryan Maxwell, Bracken Engineering, Inc. — This is for the final landscape design. Reviewed the plan. Public None Discussion (6:14) None Staff Recommend approval. \lotion Motion to Approve. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 4. Fayette Street Partners II, LLC —11 Fayette Street (Lot D) (42.3.2 -28.2) SE48 -2799 Sitting Bennett, Erisman, Steinauer, Champoux Recused None Documentation Site plans, topographical maps, photos, AfNH sign off letter, departmental reports, and correspondence. Representative Ryan Maxwell, Bracken Engineering, Inc. — Adding propane tank and fencing and small patio change. Public None Discussion (6:16) Erisman — asked if a board fence would impact flowage. Staff Board fences in the area are separated from the ground. Motion Motion to Issue with condition the board fence be off the ground six inches. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 5. Union Street Partners, LLC — 42B Union Street (Lot A) (42.3.2 -28) SE48 -2725 Sitting Bennett, Erisman, Steinauer, Champoux Recused None Documentation Site plans, topographical maps, photos, TMNH sign off letter, departmental reports, and correspondence. Representative Ryan Maxwell, Bracken Engineering, Inc. — This is for the final landscape plan and a patio change Public None Discussion (6:19) None Staff None Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 6. Union Street Partners II, LLC — 42A Union Street (Lot B) (42.3.2 -28.3) SE48 -2793 Sitting Bennett, Erisman, Steinauer, Champoux Recused Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Ryan Maxwell, Bracken Engineering, Inc. — adding propane tank and fencing and small patio change. Public None Discussion (6:20) None Staff None Motion Motion to Issue with condition the board fence be off the ground six inches. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 7. Ladybird, LLC — 8 Middle Valley Road (43 -160) SE48 -2568 Sitting Bennett, Erisman, Steinauer, Champoux Recused None Documentation Site plans, topographical maps, photos, \INH sign off letter, departmental reports, and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — To allow placement of septic within the 50- to 100 -foot buffer zone to allow for gravity flow from all structures. This property will eventually be connected to Town sewer and the septic abandoned. Public None Discussion (6:20) None Staff None Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously B. Certificates of Compliance 1. Four Saratoga LLC —14 Tennessee Avenue (60.1.2 -6) SE48 -2506 Sitting Bennett, Erisman, Steinauer, Champoux Staff For redevelopment of a property. Everything is now in compliance. Discussion (6:23) None Motion Motion to Issue. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously Page 5 of 7 Minutes for October 5 2016 adopted Oct. 19 D. Other Business (638) 1. ,Approval of ,\Iinutes 09/21 /2016: Adopted by unanimous consent. 2. Enforcement Actions a.1 Brocks Court: The discharging pipe has been removed. b. 36 Pocomo Road: This opens as an NOI on October 19; the board has the ability to order start of work. Brian Madden, LEC Environmental — He was hired to establish the wetland boundaries and create a restoration plan. The restoration footprint is 23,574 square feet. Explained the survey establishing the wetland boundary areas. All wetlands and 25 -foot buffers are to be restored and bring the 25- to 50 -foot buffers into compliance. Reviewed the restoration planting plan. Erisman — The edge of the lawn is the edge of the unapproved clearing. Champoux — In terms of plant density, 200 plants sounds inadequate for that area. Steinauer — Noted that red oak is being heavily struck by a blight. also suggested using huckleberry in the upland area. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C., for Bob Wright — His client appreciates efforts being made and likes the plan. Noted that the owner of 36 Pocomo Road ignored the situation for three months and, in his opinion, was negligent. Feels there has to be an affirmative effort now to replicate this area to its historic condition; it is not equitable to wait until Spring. If the board thinks it's prudent, based upon a botanical reason, to wait until spring, very well. Champoux — It's better to plant trees and shrubs now; he doesn't want any planting to start until he sees the plant list. Staff — 'Phis board can require all trees and shrubs be in the ground by November 15, 2016 and the seeding to wait for spring. 3. Reports: a. NP &EDC, Bennett — Nothing to report. b. -Mosquito Control Committee, Erisman — Had final meeting. 4. Commissioners Comment a. None 5. administrator /Staff Reports a. None '\lotion to Adjourn: 7:06 p.m. Submitted by: Terry L. Norton Pape 7 of 7