HomeMy WebLinkAbout2017-03-29Minutes for March 29, 2017, adopted Apr. 12
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nantucket -ma.gov
Wednesday, March 29, 2017
4 Fairgrounds Road, Training Room — 4:00 p.m.
Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleur,
Ben Champoux, Ian Golding, Joe Topham
Called to order at 4:00 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker o —A
Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham !� y
Absent Members: None Z
Late Arrivals: Golding, 4:02 p.m.
Earlier Departure: None r
Agenda adopted by unanimous consent t.
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment: None Jt
11. PUBLIC HEARING
A. Notice of Intent
1. Holland Jr — 66 West Chester Street (41 -371) SE48 -2950
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering — Reviewed the project: relocate Town drain line termination on the
property and installation of a pool outside the 50 -foot buffer. Requesting wavier for the pool for separation
from groundwater and work inside the 25 -foot and 50 -foot buffer for the drain line.
Dan Malloy
Public Dan Bailey, for Jonathan Blackman, 68 West Chester Street — Read Mr. Blackman's statement of objections to
the pool into the record. In regards to the waiver for separation from groundwater, it is for the pool as well as
for portions of a new foundations; this is the type of area for which the two -foot separation requirement exists.
In the past, this commission has been reluctant to waive the separation for a foundation and can't understand
why a pool would be treated differently. The pool is large and is in the groundwater, it could be smaller or
shallower to mitigate the displacement of groundwater. He encourages the commission to enforce its
regulations.
Discussion (4:01) Champoux — The pitch in the pipe is shallow; asked if the storm drain at the road can be adjusted in height to
increase that pitch.
Malloy — It is as high as it can go. The crown of the pipe is one foot below grade.
Champoux — In his review, he didn't see much improvement that could be made on the pipe. Asked about the
plantings around the outlet.
Malloy — Rushes and buffer -zone plants.
Erisman — She feels it is important to know if the pipe was sized for a different amount of water.
Malloy — There is no record about the original pipe being sized for a specific amount of water. The
Department of Public Works (DPW) will maintain the pipe once a year: weeding, cleaning sediment, check the
riprap. There will be a sediment trap.
Erisman — She would like to have a maintenance protocol for the pipe included into the file. She feels this
pipe will take more sediment from the road and deposit it in the vicinity of the wetlands.
Champoux — Asked how this would be handled if this were a new development.
Malloy — West Chester Street would be higher and the outflow would be directed into catch basins.
Erisman — This pipe would have direct input into the wetlands; that is unsettling, especially if DPW is
checking it only once a year.
Malloy — Pointed out that currently the pipe terminates in the wetland. The proposal terminates back from the
wetland line.
Steinauer — He hasn't heard of a way to make this better. This is what we're going to get. They have made
improvements on their designs based upon our comments.
Bailey — Asked how the groundwater level was determined.
Malloy — The groundwater was determined by a test pit.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Steinauer) (seconded by: Topham)
Vote Carried unanimously
Page 1 of 7
Minutes for March 29 2017 adopted Apr. 12
2. Nantucket Community Sailing — 2 Bathing Beach Road (29 -2) SE48 -2953
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey — This for the replacement of three removable, seasonal sheds
on Jetties Beach east side. They would be located within the coastal beach area; Massachusetts Natural Heritage
(MNH) asked a question that will require this to be continued. The sheds will be on skids allowing them to be
removed during the off - season. Explained the use of the sheds.
Asked for a two -week continuance.
Diane Brown, Executive Director Nantucket Community Sailing
Public None
Discussion (4:22) Steinauer — Asked how the sheds would be removed.
Brown — The old sheds were fork -lifted; these will be towable along a route designated by Mr. Carlson. All
three of these will be removable.
Golding — Asked about the Fibergrate® walk.
Brown — That isn't a walkway it's temporary only while the sheds are being moved.
Steinauer — Asked about Piping Plovers.
Staff One of the reasons why the sheds are movable is that the area in front of the restaurant has historically had
nesting plovers and this allows us to maximize the distance from the nests.
Motion Continued for two weeks by unanimous consent.
Vote N/A
3.. *Battisti —10 Alexandia Drive (67 -410) SE48 -2958
Sitting Bennett, Erisman, Steinauer, LaMeur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff' Blackwell, Blackwell & Assoc. — The proposal is for a single - family dwelling to be constructed beyond the
50 -foot buffer but within the 100 -foot buffer associated with wetlands. The dwelling will be connected to
Town sewer and water.
Public None
Discussion (4:34) None
Staff Laurentide and our office confirm the wetland line. Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
4. *Plukas —147 Wauwinet Road (11 -6) SE48 -2956
Sitting Bennett, Erisman, Steinauer, LaMeur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff' Blackwell, Blackwell & Assoc. — The existing septic received a technical failure; the new septic will
incorporate alternative technology and the leach field will be at a higher elevation and farther from the harbor.
After installation, the area will be revegetated with American beach grass; there is no proposed grade change.
Explained generally the new system. The resource area is a barrier beach.
Public None
Discussion (4:37) Erisman — Asked if they looked at a tight tank.
Blackwell — No they did not; explained tight tanks require extensive human intervention.
Staff Tight tanks are general used as a system of last resort, if you can't us a conventional or I/A system. Also, tight
tanks usually require seasonal -use restrictions. Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
5. *Bellevue Nominee Trust —119R Eel Point Road (33 -17.1) SE48 -2959
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — This is for two seasonally temporary beach stairs within a 5 -foot wide
easement. The upper stairs over the coastal bank will be aluminum and the bottom stairs will be hand -made
wood. The project is outside any MESA area. Reviewed a report from Laurentide on the proposal- The stairs
will be removed and stored on the Bellevue property outside ConCom jurisdiction. Pointed out there is a path
leading to the proposed location for the stairs.
Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP
Linda Bellevue, daughter of owner
Public Kevin Dale, Vaughn, Dale, Hunter and Beaudette P.C., for Diane Snowden — Her concern is the lack of
dimensions on the sets of stairs. Also a removal date should be included in the order, preferably in place
between Memorial Day to the end of September. Asked how the stairs would survive erosion if they aren't
secured. Another question is the work protocol and how they would be moved. Also wants to know about the
efforts to restore the area every time the stairs are removed. With respect to a permanent set of stairs, aside
from a zoning issue the easement doesn't allow for a permanent structure.
Discussion (4:46) Erisman — Asked how the heavy lower wooden stairs would be removed.
Santos — The owner would have someone move it for him.
Page 2 of 7
Minutes for March 29 2017 adopted Apr. 12
Steinauer — Wonders if there should be an elevated walkway to protect the beach grass leading to the head of
the stairs.
Champoux — Asked if the upper set should be a permanent set of stairs and the lower section aluminum and if
that might not be better for the resource area.
Discussion about whether or not Mr. Champoux's suggestion would be better for the dunes.
Reade — Noted that the wording of the easement specifically allows for beach stairs.
Bellevue — The neighbor's property is for sale; that is the reason for installing the stairs.
Bennett — The question about the removal protocol is valid.
Reade — They can provide the asked -for information. Asked for a 2 -week continuance.
Staff This can be conditioned to prohibit use of machinery to place and remove the stairs.
Motion Continued for two weeks by unanimous consent.
Vote N/A
6. *Town of Nantucket —1 Sea Street (42.4.2 -55) SE48 -2960
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David Gray, Director Sewer Department — This is for the upgrade of the Sea Street Pump Station, which is
within land subject to coastal storm flowage. This station pumps about 85% of the Island's flow; during
extreme flooding, we were doing over 2M gallons a day. This station is extremely important. This time of year,
it averages about 750,000 to just over 1M gallons a day. The new pumps are designed to work under water.
Hopefully the work will start shortly after the contract is awarded on April 4; the work will continue through
the summer.
Kevin Rafferty, Hazen & Sawyer — Reviewed the work necessary for the Sea Street Pump Station to protect
the electrical equipment from flooding. In the summer on dry days, it pumps 13M gallons a day; on wet days it
can get up to 5M gallons.
Public None
Discussion (5:07) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
7. *Town of Nantucket- Wamasquid Place Road Layout SE48 -2957
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David Gray, Director Sewer Department — This is one piece of the Shimmo- Nantucket Harbor /Plus sewer
project and is located inside the Hussy Farm- Meadowview subdivision. The system will be a gravity system
with a sump pump.
Steve Peterson, Weston & Sampson Engineers — The pump station will be located in the island of a circular
cul de sac; there will be structures within the 50 -foot buffer to wetlands.
Public None
Discussion (5:18) Golding — Asked about the groundwater separation.
Peterson — In September the groundwater was 18 feet; today it was 16 feet. The bottom of the tank is about
6.5 feet.
Bennett — Asked about dewatering.
Peterson — The specification about water parameters will be submitted by the contractor, he will probably
have to dewater. Explained the possible dewatering process.
Champoux — Asked why it wasn't placed outside the 50 -foot buffer.
Peterson — They are trying to keep it from encroaching on excavation of the road and there is a water main on
the other side.
Erisman — Asked if there will be any revegetation of the area.
Peterson — They are amenable to that though there are no plans at this time.
Staff Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Topham)
Vote Carried unanimously
8. *Nantucket Islands Land Bank —16 East Creek Road (55 -58) SE48 -2955 (coat. to 4/12/2017)
Page 3 of 7
Minutes for March 29 2017 adopted Apr. 12
9. *Van Den Born —135 Wauwinet Road (11 -12) SE48-
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey — This is for residential redevelopment; reviewed the project
in detail. Feels the proposal provides an overall net benefit by replacing an at -grade boardwalk with an elevated
Fibergrate® walkway. Resource areas on site are a bordering vegetated wetland and an isolated vegetated
wetland; it is within the buffers for an off -site barrier beach and coastal dune; the entire site is within land
subject to coastal storm flowage. They will remove the existing septic and replace it with a new tank, septi-tec
processor, and new elevation leach field all within the 50 -foot buffer. Currently the wetland runs underneath
the existing house; the structure will be moved away onto a pile foundation. There will be a change in the
parking areas: the southeast side parking will be removed and the area restored; the north side parking will be
expanded and so encroach closer to the isolated vegetated wetland. He realizes there are concerns so he has
tried to create an improved situation on the site.
Public Emily Molden, Nantucket Land Council — There are a variety of activities being proposed. Being in the
barrier beach, she wants to draw attention to the local performance standards for barrier beach that specifies
that existing buildings can be maintained and repaired but prohibits new construction. If the elevated walkways
are considered as structures they should requiring waivers. Doesn't think the removal of boardwalks are a
trade -off for the increase in the dwelling footprint. There is a net benefit by moving the structure and placing it
on piles but not by increasing its foot print and doesn't think a waiver can be granted. The tight tank option is
valid given the proximity to resource areas; however, the health regulations require an upgrade of the system
with any upgrade of the dwelling as well as new construction. She would be interested in the square footage
being added to the building.
Discussion (5:31) Champoux — Asked which boardwalks will be removed. Asked also the exact change in mass.
Gasbarro — All boardwalks at grade will be removed and the disturbed areas restored with beach grass. The
new walkway will be raised 18 to 30 inches. He doesn't have the massing figures at hand. Reviewed the
Laurentide reports and changes he made in response to them.
Erisman — The Fibergrate& walkway on helical anchors, asked how much area the anchors use.
Gasbarro — There is an eight -inch base and two -inch, square post; it is less intrusive than four -inch posts.
Bennett — Asked how the building will be moved.
Gasbarro — They would slide the steel in from the street side and lift it either with a crane or a crib and roller.
The porches would first be removed.
Erisman — If the septic is mounded, asked how it would impact the potential for the dune to migrate.
Gasbarro — The septic touches just one corner, the rest is open. The dune is a function of the barrier beach
but most of that is vegetated wetland.
Golding — What's troubling to him is that the area of structures is doubling and the boardwalk removal is
sacrificial.
Bennett — Asked about a skirt over spacing under the house.
Gasbarro — They can look at a lattice skirt.
Erisman — Asked about roof runoff.
Gasbarro — The area is so pervious, there is very little run off.
Champoux — Asked for a justification of a septic system over a tight tank.
Gasbarro — There is an existing septic and Title V looks at a tight tank as an absolute last resort system; the
soil system doesn't preclude a mounded system. Under Title V, the tight tank would require a seasonal use
restriction and would require proof of a hardship. The septi -tec processor is a denitrification system. There is
no record about the installation of the existing system at the Health Department; there is a sketch dated 2009
probably from an inspection. The date of the structure predates the regulations; he can prove it was built prior
to 1971.
Erisman — Due to the diverse resources, she would prefer a tight tank.
Gasbarro — There will be only one elevated walkway going from the road out to the beach. He will get the
information. Requested a two -week continuance.
Staff Typically under the State Act, a leach field is allowed within the 100 -foot buffer but requires it outside the 50-
foot buffer. We don't have the ability to waive the State regulations; we would need to make a finding that the
structure and septic predate the regulations.
Motion Continued for two weeks by unanimous consent.
Vote N/A
Page 4 of 7
Minutes for March 29, 2017, adopted Apr. 12
B. Requests for Determination of Applicability
1. Gretchen Campbell 1994 Revocable Trust — 7 Ocean Avenue (73.2.4 -52)
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Ryan Maxwell, Bracken Engineering — For a new sewer connection within 100 feet of a coastal dune. There is
an existing connection but several cottages are on the same connection, which is backing up.
Public None
Discussion (6:08) Steinauer — Confirmed the project would entail trenching, laying the pipe, covering the trench, and
revegetating.
Staff Recommend issuing as a Negative 3 allowing work in buffer
Motion Motion to Issue as recommended. (made by: Golding) (seconded by: Champoux)
Vote Carried unanimously
2. Three Dunes, LLC — 24 Almanack Pond Road (25 -37)
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Ryan Maxwell, Bracken Engineering — This is to replace two septic systems on the property which failed due
to groundwater separation. The property is within the Nantucket Watershed District so requires a septi -tec
system. The proposal is for a single septic system outside the 100 -foot buffer. Work within the buffer is
trenching for the force main.
Public None
Discussion (6:10) None
Staff They filed with MNH separately. We don't have to wait for MNH to issue this.
Recommend issuing as a Negative 3 allowing work in buffer
Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Golding)
Vote Carried unanimously
C. Amended Orders of Conditions
10. Nantucket 62 Walsh, LLC — 62 Walsh Street (29 -85) SE48 -2933 (coat. to 4/12/2017)
11. 64 Walsh Street, LLC — 64 Walsh Street Lot 2 (29 -94) SE48 -2847 (cont. to 4/12/2017)
III. PUBLIC MEETING
A. Minor Modifications
1. Cliff Road Nantucket Realty Trust — 96 Cliff Road (41 -15) SE48 -2066
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — This is for a final landscape plan.
Public None
Discussion (6:13) None
Staff Recommend approved as Minor Modification.
Motion Motion to Approve. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
B. Certificates of Compliance
1. Menz Family Trust — 8 Ames Avenue (20.2.4 -56) SE48 -2458
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff This was for a house renovation adjacent to Hither Creek. No outstanding monitoring. Recommend it he
issued.
Discussion (6:15) None
Motion Motion to Issue. (made by: Golding) (seconded by: LaFleur)
Vote Carried unanimously
2. Calahan — 4 Morgan Square (87 -3.1) SE48 -2861
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff This was for construction of a new deck and gate. Work is completed with no outstanding reports or issues.
Recommend it be issued.
Discussion (6:16) None
Motion Motion to Issue. (made by: Topham) (seconded by: Champoux)
Vote Carried unanimously
PaRe5of7
Minutes for March 29 2017 adopted Apr. 12
C. Orders of Condition
1. Sunset House, I.LC —15 Hallowell Lane (30 -10) SE48 -2924
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff This was for installation of coir logs on top of an existing bulkhead. Condition 20 is the maintenance and
nourishment requirement. Conditions 21 -23 are required from MNH; reviewed those conditions. MNH does
follow up on their monitoring requirements. He will add Condition 24 requiring the coir logs be covered with
sand within 14 days.
Discussion (6:17) Steinauer — Asked if a specific amount of sand could be required to be added. It contributes a small amount
Champoux — The sand replacement should be enough to keep the logs covered.
Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
2. Holland Jr — 66 West Chester Street (41 -371) SE48 -2950
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff Asked for a general sense. Asked if the board is concerned about the increase flow picking up more sediment
and debris from the road. In the case of a replacement, the board needs to consider if the project impacts in
either a positive or negative way. He will draft a positive order.
Discussion (6:23) Erisman — She is completely uncomfortable with the discharge from the road and not having a DPW
maintenance plan. We don't know the amount of stormwater infiltration on this site.
Steinauer — We can't require DPW to do work. The design will mitigate sediment going into the wetlands.
Champoux — The burden ends up on the owner to ensure the DPW does its work. We should require the
pool discharge be pumped out. If we change the depth of the pool, asked if that would change the water flow.
Steinauer — This whole area has percolation problems.
Bennett — He doesn't think the pool influences water coming off the street
Golding — We don't have the information on the flow from the road.
Bennett — He doesn't think the new pipe makes the situation worse; it's bad to begin with. Asked if there are
any requirements to restore the cutting into the wetland.
Discussion about conditioning the restoration of the buffer area and the removal of knotweed.
Motion Continued for two weeks by unanimous consent.
Vote N/A
3. Battisti —10 Alexandia Drive (67 -410) SE48 -2958
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff Fairly simple, no conditions.
Discussion (6:40) None
Motion Motion to Issue as drafted. (made by: Golding) (seconded by: Champoux)
Vote Carried unanimously
4. Plukas —147 Wauwinet Road (11 -6) SE48 -2956
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff Reviewed the conditions. He will add Condition 21 requiring photos.
Discussion (6:41) Erisman — Asked for photos of the revegetated area.
Motion Motion to Issue as amended. (made by: Golding) (seconded by: Erisman)
Vote Carried unanimously
5. Town of Nantucket —1 Sea Street (42.4.2 -55) SE48 -2960
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff Fairly simple, no conditions.
Discussion (6:42) None
Motion Motion to Issue as drafted. (made by: Golding) (seconded by: Topham)
Vote Carried unanimously
6. Town of Nantucket- Wamasquid Place Road Layout SE48 -2957
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff Fairly simple, no conditions.
Discussion (6:53) None
Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
D. Extension Requests
1. Cliff Road ACK Realty Trust — 96 Cliff Road (41 -15) SE48 -2066
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham
Staff None
Discussion (6:44) Paul Santos, Nantucket Surveyors — There's about two months left to complete the work.
Motion Motion to Approve the extension. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
Page 6 of 7
Minutes for March 29, 2017, adopted Apr. 12
E. Other Business
1. Approval of Minutes 3/15/2017: adopted by unanimous consent.
2. Enforcement Actions
a. None
3. Reports:
a. CPC, Golding — Nothing
b. NP&EDC, Bennett — Read letter from Nantucket Police Department about opening the visibility of bike paths; that
might affect ConCom.
c. Mosquito Control Committee, Erisman — Officially restart in April.
4. Commissioners Comment
a. Golding — There's movement afoot to change the 1978 wetland act that would gut it. He would like ConCom to write
a letter to our representatives asking the wetland act be maintained. He would like this put on the agenda for
discussion and voting on the letter.
5. Administrator /Staff Reports
a. None
Motion to Adjourn: 6:56 p.m.
Submitted by:
Terry L. Norton
Paee 7 of 7