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HomeMy WebLinkAbout2016-9-21Minutes for September 21 2016 adopted Oct. 5 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 w-ww.nantucket- ma.gov Wednesday, September 21, 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 na Called to order at 4:04 p.m. s ~ Z Staff in attendance: Jeff Carlson, Natural Resources Coordinator M Z Attending Members: Bennett, Erisman, Steinauer, LaFleur, Golding Z--( Absent Members: Champoux, Topham — C Late Arrivals: None a r- n Earlier Departure: None = M �[ Agenda adopted by unanimous consent X *Matter has not been heard v PUBLIC MEETING A. Public Comment – 1. Lucy Dillon, 37 Liberty Street – She will be manning table at Farmers Market Saturday, September 24, 2016, and at the Scalloping Ball with information on water quality management practices. 2. Steve Bender, 72 Orange Street – This is a report on pollution of Nantucket harbor on a massive scale by the dumping of grey water at the boat basin. Since August 2015, he has spoken to several captains and crewmembers of large vessels who told him that at night they dump the grey water into the harbor because they say the pumping facilities at the boat basin being inadequate. The Bylaw banning dumping of grey water into the harbor was passed in 1983. Several lawyers advised him that if he sees nothing being done to enforce the grey water bylaw, he should present it to the Board of Selectmen. Noted that this amounts to 10s of thousands of gallons of what the State determines to be sewage. Black water is pumped into connections to sewer. Read 137 -11 of the bylaws. Staff – He will request if the Division of Waterways can do an inspection of the pump -out facilities and to ascertain whether or not they are adequate to the volume of traffic. He wants to ensure discharge of grey water into a protected area is covered in the Wetlands Protection Act before issuing an enforcement. II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider R.T. – 2 Brock's Court (42.3.4 -84) SE48 -2834 Sitting Bennett, Erisman, Steinauer, LaFleur Recused Golding Documentation Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Mark Rits, Site Design Engineering – Have submitted additional information that addresses issues brought up at the last hearing. A structure has been removed and landscaped over; the chicken coop will be removed from jurisdictional areas. Other issues have to do with the house move: there was a wetland resource boundary delineated on the abutting property with the lines shown on the plans; these were valid until April 2013; at that time, the house move to outside that delineated 50 -foot buffer was started prior to the expiration of that line; they did not seek a permit at that time and the current owner is seeking to rectify that. Reviewed elements that are now outside those older lines. Steven Cohen, Cohen & Cohen Law PC Public Paul Feldman, counsel for the abutters Greg Elder, 42 Liberty Street Emily Molden, Nantucket Land Council Discussion (4:23) Erisman – Asked about possible fill. Rits – He did not become involved until after the house move so does not have the topography prior to that work; at the best he can tell, the fill was one to two feet. The overall square footage for the structure is within the 100 -foot buffer has increased and about 30 to 40 square feet (SF) of the retaining wall is within the buffer. Bennett – Without the topography of the abutting property, it is hard to tell where the water running onto this property might be coming from. Discussion about a pre - existing catch basin. Feldman – Contends the boundaries used start with a false premise. First is the claim there is less disturbance within the buffer zone; the 2006 plan expired in 2006 but was extended to 2013 under the Permit Extension Act and that is the line used for the move; that delineation was not set for this subject property. The Permit Extension Act pertained to the applicant who filed for work on the abutting propern . Page 1 of 7 Minutes for September 21, 2016, adopted Oct. 5 2. Edwin Snider R.T. — 2 Brock's Court (42.3.4 -84) SE48 -2835 Withdrawn Sitting Bennett, Erisman, Steinauer, LaFleur Rccused Golding Staff The applicant has requested that this NOI for a pool and second structure be withdrawn. \lotion Motion to Accept the withdrawal. (made by: LaFleur) (seconded by: Steinauer) Vote Carried 4 -0 3. Nantucket Islands Land Bank — 17 Commercial Wharf & Unnumbered Lot New Whale Street (42.2.4 -7 & 8) SE48 -2885 (Cont 11/02/2016) 4. Town of Nantucket — Shimmo Creek (adjacent to 43 -1) SE48- 2913 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Leah Cabral, Assistant Biologist Natural Resources Department Public None Discussion (5:35) Staff None This is the oyster bed project continued for :Massachusetts Natural Heritage comments; Massachusetts Natural Heritage commented there is no adverse impact under the Wetland Protection Act because it is a habitat restoration project for a protected species; read the Massachusetts Natural Heritage comments. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 5. Colson — 9 Hallowell Road (30- 14,15,257) SE48 -2916 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Bob Emaek — Reviewed scope of project. There was a question about the decks when the house is lifted; those will be dismantled and rebuilt once the building is back in place. Public None Discussion (5:38) None Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 6. 96 West Chester NT — 96 West Chester Street (41 -483) SE48 -2918 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting — This is for installation of a pool and was held for questions; submitted information that addressed those issues. Looked into resource areas on abutting properties; there is a depression but it is not dominated by hydric soil or wetland vegetation. Did two test pits which established the water table at 5 -feet below grade so they will be doing temporary dewatering. The concern about the pool floating is addressed by a letter from an engineer stating concrete anchors would hold the pool in place. For discharge from the pool and the filtration system, he is now proposing use of an ozone filter and discharge would be into the ground under the driveway but a backwash system eliminates the need for discharge. If the pool needs to be drained, it can sit two weeks then be pumped through a de- chlorination system so there is no danger to the wetlands. Public Steven Cohen, Cohen & Cohen Law PC Martin McKerrow, 106 West Chester Street Discussion (5:40) Golding — A main concern of the _McKerrows is chlorine entering into the wetlands should the pool flood. Also, they see a cause and effect in the development of this lot and the flooding of their basement. It was pointed out to him that the application for construction of 96 `Vest Chester main house included 2,300 yards of fill. Steinauer — The last two winters have been very wet and thinks with this year's dry weather, the water table has dropped back to a normal level. He doesn't know how that would affect the pert table. Haines — Ground water acts like surface water flowing downhill and equalizes. Nothing is being done that would impede the flow of water- The pool is well above the 100 -year flood and he believes it is above the 500 -year flood level. That with the containment system will prevent any flooding of the pool. Erisman — Confirmed that part of the existing lawn goes up to the wetland. She would be more comfortable granting a waiver if there were something to prevent further encroachment to the wetland. Haines — Explained how the filter systems eliminate discharge; stated he can't promise a non - chlorinated filter system. Even the ozone filter uses a small amount of chlorine. Steinauer — The issue is that there is no place outside the 100 -foot buffer to discharge the pool. Cohen — At a minimum the water level of the pool has to be dropped below the frost line at the end of the season; that's 100s of gallons of chlorinated water. When talking about a significant amount of chlorinated water in an area surrounded by wetlands, the applicant should present a means to protect the wetlands. Page 3 of 7 Minutes for September 21, 2016, adopted Oct. 5 9. *Sunset House, LLC — 15 Hallowell Lane (30 -10) SE48 -2924 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Recused Documentation None Site plans, topographical maps, photos, IINH sign off letter, departmental reports, and correspondence. Representative Arthur D. Gasbarro, Nantucket Engineering & Survey — Asked for a 2 -week continuance. Public None Discussion (6:53) None Staff None \lotion Continued for two weeks without objection. Vote N/A 10. *Steven L. Cohen Trustee — 53 Walsh Street (29 -60) SE48 - Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors —The work is within land subject to coastal storm flowage and is for infill of 2nd -floor overhang, placement of a chimney, removal of a small section of 1`t -floor structure, and small addition with deck. No waivers are required. Asked for a 2 -week continuance for the DEP number. Public None Discussion (6:54) None Staff None Motion Continued for two weeks without objection. Vote N/A 11. *Theresa Fortgang — 2 Wanoma Way (92.4 -118) SE48 -2923 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Recused Documentation None Site plans, topographical maps, photos, MNH sign off letter, departmental reports, and correspondence. Representative Paul Santos, Nantucket Surveyors — This is a developed property with the resource area of a coastal bank. This is a stable coastal bank. The work is for placement of a new 375 SF foundation under a new addition, the addition, and placement of a shed There are no changes to the footprint within the 50 -foot no -build zone. All work is within the developed portion of the lot and outside the 50 -foot no- build. Public None Discussion (6:57) None Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously B. Amended Orders of Conditions 1. \L1K Daddy Trust — 68/72 Monomoy Road (43- 119,115) SE48 -2803 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Recused Documentation None Site and topographical plans, photos, requisite departmental 1 reports and correspondence. Representative Steven Cohen, Cohen & Cohen Law PC — Asked for a continuance for 2 weeks. Public None Discussion (6:57) None Staff None Motion Continued for two weeks without objection. Vote N/A III. PUBLIC MEETING A. Certificates of Compliance 1. Windy Point Trust — 5 Hulbert Avenue (29.2.3 -5) SE48 -1522 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Staff Site is in compliance; recommends approval. Discussion (7:01) None Motion Motion to Issue. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 2. Four Saratoga LLC — 14 Tennessee Avenue (60.1.2 -6) SE48 -2506 (Cont 10/05/2016) 3. Thompson — 14 Fargo Way (14 -17) SE48 -2645 (Cont 12/14/2016) 4. Ceylon Elves, LLC — 286 Polpis Road (25 -33) SE48 -2761 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Staff This was for property redevelopment to include a bridge. This is in compliance with the original order of conditions. Recommends approval. Discussion (7:02) None Motion Motion to Issue. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Page 5 of 7 Minutes for September 21 2016 adopted Oct. 5 D. Other Business 1. Approval of Minutes 09 /07/2016: adopted by unanimous consent. 2. Enforcement Actions (7:21) a. North Beach Street update — Record is due. Been in communication with Town Counsel. b. 36 Pocomo Road update —'-Met with Brian -Madden, LEC Environmental; the cutting was much more extensive than visible from the road. Mr. Madden will be in with an NOM for the restoration. Told Mr. - Madden we will be looking for a planting plan with the number of trees and shrubs. c. 1 Brock's Court (address to be confirmed) — Went to get pictures of 2 Brock's Court the decommissioning of the well and heard running water. He noted that there is a pipe coming from 1 Brock's Court discharging into the wetlands. Motion to Issue the enforcement action. (made by: Erisman) (seconded by: Steinauer) Carried unanimously d. 36 Liberty Street — There is now a question on 'Marsh Fader's lot about the conversion of the back porch within 100 feet of the wetland. He will research this. 3. Reports: a. CPC, Golding — Have 20 applications requesting a total of $7 million. b. NP &EDC, Bennett — Currently meeting. c. Mosquito Control Committee, Erisman — Meet next week. 4. Commissioners Comment a. Golding — He was asked about the requirements for 'Sconset Beach Preservation Fund to produce an annual report for moving Baxter Road. Asked if staff has heard anything. Staff — No but he can require that. b. Golding — asked about the original conditions on the Long Pond phragmites removal reporting. Staff — The first report was overly elaborate; Rachel Freeman is putting the information in a more digestible format and will be back with that. c. Golding — He is trying to track down what the Michigan ban on glyphosate is based on. Steinauer — It is banned for aquatic use and phragmites are not considered an aquatic plant; it is a floating plant. d. 1, — In regards to 246 Polpis Road, she couldn't remember the wetland boundaries but it looks like material is being stored in the boundaries. Staff — Will look into that. 5. Administrator/ Staff Reports a. None Adjourned by unanimous consent at 7:43 p.m. Submitted by: Terry L. Norton Page 7 of 7