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HomeMy WebLinkAbout2017-04-12Minutes for April 12 2017 adopted Apr. 26 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Wednesday, April 12, 2017 4 Fairgrounds Road, Training Room — 4:00 p.m. Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaJ eur, ,^{ Ben Champoux, Ian Golding, Joe Topham i9soi Q Called to order at 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Ac nistra'f'6r Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Absent Members: Golding Late Arrivals: Z Vn ; Earlier Departure: C?? Agenda adopted by unanimous consent �O *Matter has not been heard I. PUBLIC MEETING A. Public Comment 1. Nantucket Boat Basin Field Viewing: Steinauer — Summarized what the commissioners learned in discussion with the boat basin owners about they are doing in regards to dumping of grey water and ensuring yachts comply with the regulations. Steve Bender — Insisted the large yachts routinely pump grey water over the side at night. The CWMP doesn't address the yachts in the harbor. Contends Nantucket has an uncontrolled and unaddressed issue with grey water being dumped in the boat basin. Fines for oil spills in $5,000 and for spillage of detergent is ;10,000. This summer, he intends continue to watch the boats. The boat basin is under the aegis of Chapter 91 and must comply. The presence of sewer connections does not imply they are being used. Steinauer — The board has to review what it can and cannot do. Mr. Bender is citing state regulations. Carlson — Believes the ConCom and Board of Health can establish a procedure to ensure there is no dumping of detergent; first we need to get a better understanding on what we can do about the discharge into the waterways, which is our purview. II. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT —1 Brock's Court (42.3.4 -84) SE48 -2834 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Stephen Cohen, Cohen & Cohen LP — One of the previous applications has been withdrawn and one is still pending. The prior owner moved the house away from the wetlands without a permit to do so. His client bought the property after the work was done; and when they went to get the certificate of occupancy, it became apparent that the work was done without a permit. There was also an issue of other work his client wanted to do to develop the property to which the neighbors objected. The delineation of the wetlands came into question, which would be applicable to the first. The withdrawn application will receive significant changes before it is refiled. The second application will go forward; also in conjunction with that, there is a 100 - year -old man-made pond that has since been naturalized. We have been working with the neighbors to ascertain what work would be acceptable to all. Over the winter, there was flooding on the property and the owner called his landscaper to put in drainage; that work has been stopped and will be worked be into the overall NOI; we need to deal with the water on the properties. He expects it will take more than a month to finalize the design for a comprehensive solution to all issues. Asked for a continuance to May 24, 2017. Public Paul Feldman, counsel for the abutters — The delineation issue has to be resolved. His clients would like to end up with a comprehensive solution for what's going on. The enforcement action from a year ago was not just about the chicken coop; there was an underground drainage system which was to be removed. His clients don't know if that has happened; pictures taken by one of the neighbors of the drainage work last week shows a sump pump and that it appears the trenching was to get back to the pipes that were supposed to be removed. Some of the actions the current owner is trying to legalize through the NOI were made by this owner: deck area, patio, and ancillary structures. He has been able to accomplish with Mr. Cohen is what the solution should be to include a property covenant. Discussion (4:23) Bennett — The wedand delineation needs to be certified. Erisman — She feels at this point the homeowner should know that work can't be done without a ConCom permit; they've been in here enough times. Champoux — Asked what the owner is doing about the flooded basement with the stopped drainage work. Discussion about the flooding and type of basement the house has: crawlspace. Page 1 of 5 Minutes for April 12 2017 adopted Apr. 26 Staff An enforcement order was placed on the deck; in the last week, the unpermitted landscaping work was noticed.. There is a 10 -foot trench. Motion Continued to May 24 by unanimous consent. Vote N/A 2. Nantucket Islands Land Bank —17 Commercial Wharf & Unnumbered Lot New Whale Street (42.2.4 -7 &8) SE48 -2885 (Cont. 05/10/2017) 3. Nantucket Community Sailing — 2 Bathing Beach Road (29 -2) SE48 -2953 (Cont. 04/26/2017) 4. Bellevue Nominee Trust —119R Eel Point Road (33 -17.1) SE48 -2959 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — Reviewed the project: seasonal beach stairs. Reviewed the revised plan base upon comments from the last hearing and the site visit. Installation date would be April 1 of each year and removal date would be November 1 of each year; stairs will be stored on Mr. Bellevue's property outside ConCom jurisdiction. This does not require review by NHESP or the Massachusetts Endangered Species Act. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford, LLP — Believes that counsel for the neighbor is fine with this revised plan. Linda Bellevue Public None Discussion (4:45) Steinauer — He usually supports stairs as they reduce erosion on the bank; his problem is the gap between the two sets of stairs; that's effectively walking through dunes. He thinks an elevated walkway would protect the dunes and vegetation. Discussion about what and how a temporary walkway might be made. Bennett — Asked how the hole would be dug. Santos — Will use hand -held hammer. Erisman — Asked how erosion on the back side of the second set of stairs would be minimized. Santos — Could change the position of the lower set of stairs every few years. Further discussion about the walkway. Staff There is the ability to install a seasonal gangway rather than a fixed Fibregrate® walkway. Can have a condition that erosion be monitored and report what is being done. Have everything needed to close. Motion Motion to Close. C/L (made by:) (seconded by:) Vote Carried unanimously 5. *Nantucket Islands Land Bank —16 East Creek Road (55 -58) SE48 -2955 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Rachel Freeman, Nantucket Islands Land Bank — This is for handicapped accessible brick walkway and observation patio about 16X9.2. Resource areas are a saltmarsh, bordering vegetated wetland, and dune. Public None Discussion (4:57) Steinauer — Suggested a handrail to help some people with difficulty walking. Staff Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously 6. Vanden Born —135 Wauwinet Road (11 -12) SE48 -2961 (Cont. 04 /26/2017) 7. *Little Point Acquisition Co., LLC —11 &13 Hallowell Lane (30 -11,13 & 257.1) SE48 -2962 (Cont. 04/26/2017) 8. *Joan D. Pratel Nantucket Trust —12 North Liberty Street (42.3.4 -171) SE48 -2963 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell and Associates — This is to construct a dwelling more than 50 -feet from the wetland and associated landscaping within the buffer zone. Unpermitted work was done within the buffer to cut back Japanese knotweed from an existing path; that is being included here as well as delineating the wetland boundaries. Would like to maintain the historic path. It looks like we need to do soil testing and address how the owner wants to treat the knotweed. Asked for a four -week continuation. Deb Timmerman, for the owner — Explained the owner's philosophy behind the positioning of the structure. The arborist has determined that a stand of trees are too far gone to be salvaged. Public None Discussion (5:02) Steinauer — We need to know the type of basement and the groundwater level- Discussion about the extent of the knotweed growth. Erisman — There is a note on the plan to remove the knotweed and replace it with Leland Cyprus; that is not a plant this board would want growing in the buffer zone; the area should be replanted with native species. Staff The client needs also to address the cutting in the wetland buffer with a landscaping and restoration plan. Motion Continued to May 24 by unanimous consent. Vote N/A B. Amended Orders of Conditions 1. Nantucket 62 Walsh, LLC — 62 Walsh Street (29 -85) SE48 -2933 Page 2of5 Minutes for April 12 2017 adopted Apr. 26 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — 64 and 62 Walsh Street applications are tied together, they are held in common ownership. This is to add an addition to connect the existing structures. Everything else is permitted. It is completely within land subject to coastal storm flowage. The addition will be elevated with appropriate flood gates. Public None Discussion (5:20) None Staff Recommend close and issue. Motion Motion to Close and Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 2. 64 Walsh Street, I.LC — 64 Walsh Street Lot 2 (29 -94) SE48 -2847 Sitting Bennett, Erisman, Steinauer, Lafleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — 64 and 62 Walsh Street applications are tied together; they are held in common ownership. This is to reconfigure the parcel into one lot with 62 Walsh Street with construction of a garage, second dwelling, and pool. Explained the grading will be tied together between the two lots. The is an existing 1 -foot tall retaining wall will be continued to match the grade across the two lots. This is all within land subject to coastal storm flowage. There is a full landscape plan for the two lots in the packet. The original Order of Conditions was approved January 2016. Public None Discussion (5:26) Steinauer — Will have our standard pool restriction in regards to no chemical treatment after a certain time and draining to be into a truck and carted off. Staff The amended order can include the pool restrictions. Recommend this be closed and issued with the pool restrictions. Motion Motion to Close and Issue with the addition of the pool restrictions. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 3. Barbieri — 48 West Miacomet Road (86 -4) SE48 -2945 Sitting Bennett, Erisman, Steinauer, LaFleur Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — Reviewed the original NOI. The amendment is to skew the structure in regards to orientation to West Miacomet Road. NHESP has issued a new no -take with conditions on the new plan. He had problems with the existing well; he has been issued a new well permit along the eastern property line outside the 50 -fkoot buffer; he would like to include that in this amendment. Public None Discussion (5:37) None Staff Recommend this be closed and issued. Motion Motion to Close and Issue. (made by: LaFleur) (seconded by: Steinauer) Vote Carried 4 -0// Champoux, Topham recused III. PUBLIC MEETING A. Minor Modifications 1. Burke — 37 Gardener Road (43 -85) SE48 -2718 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Discussion (5:41) Erisman — Asked if the neighbor was required to report on their logs. (yes.) She would like to do a site visit since it's been so long; a lot could have changed since 2014. There is a lot of marsh on this property. Bennett — Asked if there was a nourishment component connected with this. (no) With the addition of the sand, he thinks the commissioners should take a look. Steinauer — It would be a good idea to keep the coir logs covered. He would like to look at it too. Champoux — He thought there was a condition that sand be added to this corner after storm events. Staff Reviewed what had been permitted. This is an extension of previously permitted work to the bulkhead and is subject to the same conditions. Explained how new conditions would be added. Motion Continued to April 26 by unanimous consent. Vote N/A Page 3 of 5 Minutes for April 12 2017 adopted Apr. 26 2. Fortgang — 2 Wanoma Way (92.4 -118) SE48 -2923 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors — Resource areas is a coastal bank. This request is to reconstruct a step - timber retaining wall and stairs noted on the survey in the same location, dry -laid patio at grade, driveway access modification, and walkway; all occurs outside the 50 -foot buffer. Discussion (5:55) None Staff Recommend this be issued as a minor modification. Motion Motion to Close and Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 3. Monomoy Creek Road Nominee Trust - 12 Monomoy Creek Road (54 -54.1) SE48 -2665 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — This is for updates on the landscaping details resulting in a significant reduction in lawn area: patio, reconfigure parking and retaining walls, and extend naturalized vegetation area. The Order of Conditions expires May 14; we are asking for an extension later on this agenda. The footpath is existing; it is being narrowed. Discussion (5:58) None Staff (Can't hear him beyond...) it is in compliance with the original permit Recommend this be issued as a minor modification. Motion Motion to Close and Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously B. Certificates of Compliance 1. Thompson —14 Fargo Way (14 -17) SE48 -2645 (Cont. 05/10/2017) 2. Emmy Real Estate Trust — 2 North Star Lane (30 -188) SE48 -2705 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Everything is in compliance with no on -going issues. Recommend the certificate be issued. Discussion (6:04) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 3. Five on a Dime, LLC — 8 Pilgrim Court (41- 217.3, 217.4 & 217) SE48 -2899 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff The applicant is requesting the certificate be closed because they are subdividing and changing lot lines. (Can't hear him.) Discussion (6:04) None Motion Motion to Issue a partial Certificate of Compliance for Lot 26. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously C. Orders of Condition 1. Holland Jr — 66 West Chester Street (41 -371) SE48 -2950 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Reviewed the project and proposed conditions. The catchbasin and pipe on their property is the responsibility of the Department of Public Works. Will add a condition about the drainage pipe and catchbasin and a condition about monitoring for scouring into the wetland from water running out of the pipe. Discussion (6:08) Champoux — He would like the applicant to be conditioned to watch the pipe and catchbasin; that puts another set of eyes on it. Erisman — She is very concerned about signing off on this pipe without another Town board signing off on it Motion Motion to Issue as amended. (made by: Champoux) (seconded by: LaFleur) Vote Carried 5- 1 / /Erisman opposed 2. Bellevue Nominee Trust —119R Eel Point Road (33 -17.1) SE48 -2959 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff The Board can condition a different material for the stairs. Reviewed proposed conditions. Discussion (6:16) Discussion about conditioning the inclusion of an elevated span to connect the upper and lower set of stairs and whether it should be removable or permanent. Consensus wants the additional span to be removable. Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Topham) Vote Carried 3. Nantucket Islands Land Bank —16 East Creek Road (55 -58) SE48 -2955 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff (Can't hear him; explanation of a wording change.) Discussion (6:24) None Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Page 4 of 5 Minutes for April 12 2017 adopted Apr. 26 D. Extension Requests 1. Monomoy Creek Road Nominee Trust — 12 Monomoy Creek Road (54 -54.1) SE48 -2665 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff None Discussion (6:03) None Motion Motion to Issue a one year extension. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously E. Other Business 1. Approval of Minutes 3/29/2017: Approved by unanimous consent 2. Enforcement Actions a. Update on (couldn't understand him). b. Fertilizer enforcement issue Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham Staff Cited a problem with possible mis -use of fertilizer that can't be proven. Staff is actively checking for fertilizer use. The season's first field - training session is April 20 at 8:30 a.m. Discussion (6:26) None Motion N/A Vote N/A c. Champoux — Asked about a project in which stones were thrown down. Staff — The sluice way is still there; he has heard from their attorney. The timber wall was permitted. 3. Reports: a. NP&EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. None 5. Administrator /Staff Reports a. The current term for board members ends June 30, so anyone who wants to continued on ConCom should keep their eyes open for applications. b. Reminded about the scheduled `Sconset Beach Preservation Foundation peer review report presentation; the report is available on the Town website. Motion to Adjourn: 6:40 p.m. Submitted by: Terry L. Norton Page 5of5