32 West Chester Street Map 42.4.3, Parcel 51 (Lot C) Nantucket, Massachusetts

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Notice of Intent Application

May 30, 2019

Subject Property 32 West Chester Street Map 42.4.3, Parcel 51 (Lot C) Nantucket, Massachusetts

Applicant Richard & Dianna Chesley 2050 N Clark St, Apt 508 Chicago, IL 60614

LEC Environmental Consultants, Inc.

12 Resnik Road, Suite 1 Plymouth, MA 02360 508-746-9491 508-746-9492 fax

www.lecenvironmental.com

PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH

May 30, 2019

Overnight Mail/Email ([email protected])

Nantucket Conservation Commission 2 Bathing Beach Road Nantucket, MA 02554

Re: Notice of Intent Application [LEC File #: BrEI\16-278.01] 32 West Chester Street Map 42.4.3, Parcel 51 (Lot C) Nantucket, Massachusetts

Dear Members of the Commission:

On behalf of the Applicants, Richard & Dianna Chesley, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for a proposed single-family dwelling and appurtenances on the above-referenced subject parcel. Proposed work activities occur within the 100-foot Buffer Zone to off-site Bordering Vegetated Wetlands (BVW)/Vegetated Wetlands protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations, as depicted on the Proposed Site Plan prepared by Bracken Engineering, Inc., dated May 29, 2019.

Enclosed please find three checks made payable to the Town of Nantucket: $262.50 for the town portion of the WPA filing fee, $200.00 for the Town Consultant fee, and $25.00 for the Bylaw fee. A check made payable to The Inquirer and Mirror ($291.40) has also been submitted for the legal advertising fee. The state portion of the WPA filing fee ($237.50) has been forwarded to the DEP Lockbox.

Thank you for your consideration of this Application. We look forward to meeting with you at the June 19, 2019 Public Hearing to discuss the project further. If you have any questions or require additional information, please do not hesitate to contact me at 508-746-9491 or at [email protected].

Sincerely,

LEC Environmental Consultants, Inc.

Brian T. Madden Wildlife Scientist cc: DEP SERO; Chesley; Sarah F. Alger, PC; Bracken Engineering, Inc.

Table of Contents

i. WPA Form 3 – Notice of Intent ii. WPA Appendix B – Wetland Fee Transmittal Form iii. Affidavit of Service iv. Letter to Abutters v. Abutter Notification Form vi. Certified List of Abutters

Wetland Resource Area Analysis and Report

1. Introduction 1

2. General Site Description 1 2.1 Floodplain Designation 2 2.2 Natural Heritage and Endangered Species Program Designation 2

3. Proposed Project 2

4. Waiver Request 3

5. Summary 4

Literature Referenced

Appendices

Appendix A Locus Maps Figure 1: USGS Topographic Map Figure 2: Aerial Orthophoto Figure 3: FEMA Flood Insurance Rate Map Figure 4: NHESP Map

Appendix B Proposed Site Plan, Prepared by Bracken Engineering, Inc., Dated May 29, 2019 Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

WPA Form 3 – Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 NANTUCKET and the Town of Nantucket Wetlands Bylaw Chapter 136 City/Town A. General Information

1. Project Location (Note: electronic filers will click on button to locate project site): 32 West Chester Street (Lot C) Nantucket 02554 Important: a. Street Address b. City/Town c. Zip Code When filling out forms on the 41°17'12.41"N 70° 6'21.54"W computer, use Latitude and Longitude: d. Latitude e. Longitude only the tab key 42.4.3 51 (portion) to move your cursor - do not f. Assessors Map/Plat Number g. Parcel /Lot Number use the return key. 2. Applicant: Richard A. and Dianna L. Chesley a. First Name b. Last Name

c. Organization 2050 N Clark Street, Apt 508 d. Street Address Chicago IL 60614 Note: e. City/Town f. State g. Zip Code Before completing this 508-228-1118 sfa@sfapc .com (Sarah Alger) form consult h. Phone Number i. Fax Number j. Email Address your local Conservation 3. Property owner (required if different from applicant): Check if more than one owner Commission regarding any municipal bylaw a. First Name b. Last Name or ordinance. 32 West Chester Street Nominee Trust (c/o Ned Rorem, Tr) c. Organization 18 West 70th Street d. Street Address New York NY 10023 e. City/Town f. State g. Zip Code 508-228-3128 [email protected] (Arthur Reade) h. Phone Number i. Fax Number j. Email address

4. Representative (if any): Brian Madden a. First Name b. Last Name LEC Environmental Consultants, Inc. c. Company 12 Resnik Road, Suite 1 d. Street Address Plymouth MA 02360 e. City/Town f. State g. Zip Code 508-746-9491 508-746-9492 [email protected] h. Phone Number i. Fax Number j. Email address

5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):

$500.00 $237.50 $262.50 a. Total Fee Paid b. State Fee Paid c. City/Town Fee Paid

wpaform3.doc • rev. 2/8/2018 Page 1 of 9

Massachusetts Department of Environmental Protection Provided by MassDEP:

Bureau of Resource Protection - Wetlands MassDEP File Number

6. General Project Description: Proposed single-family dwelling and appurtenances within the 100-foot Buffer Zone to off-site

BVW/Vegetated Wetlands.

7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)

1. Single Family Home 2. Residential Subdivision

3. Commercial/Industrial 4. Dock/Pier

5. Utilities 6. Coastal engineering Structure

7. Agriculture (e.g., cranberries, forestry) 8. Transportation

9. Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project (including Ecological

Restoration Limited Project) subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53 (inland)? If yes, describe which limited project applies to this project. (See 310 CMR 1. Yes No 10.24 and 10.53 for a complete list and description of limited project types)

2. Limited Project Type

If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project (310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification.

8. Property recorded at the Registry of Deeds for: Nantucket a. County b. Certificate # (if registered land) 861 230 c. Book d. Page Number

B. Buffer Zone & Resource Area Impacts (temporary & permanent)

1. Buffer Zone Only – Check if the project is located only in the Buffer Zone of a Bordering

Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. Inland Resource Areas (see 310 CMR 10.54-10.58; if not applicable, go to Section B.3,

Coastal Resource Areas). Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.

wpaform3.doc • rev. 2/8/2018 Page 2 of 9

Notice of Intent Application 32 West Chester Street Map 42.4.3, Parcel 51 (Lot C) Nantucket, MA

1. Introduction

On behalf of the Applicants, Richard & Dianna Chesley, LEC Environmental Consultants, Inc., (LEC) is submitting this Notice of Intent (NOI) Application for a proposed single-family dwelling and appurtenances at 32 West Chester Street (Lot C). Proposed work activities occur within the 100-foot Buffer Zone to off-site Bordering Vegetated Wetlands (BVW)/Vegetated Wetlands protected under the Massachusetts Wetlands Protection Act (M.G.L., c. 131, s. 40), its implementing Regulations (310 CMR 10.00), and the Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations.

On January 5, 2018, LEC submitted a Request for Determination of Applicability (RDA) to confirm that no protectable Wetland Resource Areas occur on the subject parcel, including the man-made drainage ditch that minimally encroaches on-site from the Right- of-Way to Wesco Place. A portion of the subject parcel is located within the 100-foot Buffer Zone to southerly, off-site BVW/Vegetated Wetlands. The Nantucket Conservation Commission issued a Determination of Applicability on January 24, 2019, confirming the above, while noting the presence of the off-site BVW/Vegetated Wetlands, as shown on a June 2, 2006 Determination of Applicability for 34 West Chester Street (Map 41, Parcel 31). A new Determination of Applicability for 34 West Chester Street was issued on July 25, 2018, confirming an updated BVW/Vegetated Wetlands boundary. The Proposed Site Plan, prepared by Bracken Engineering, Inc., dated May 29, 2019 (Appendix B) depicts this updated off-site wetlands boundary.

The following NOI Application provides a description of the existing site conditions, Wetland Resource Areas, and proposed project designed to maintain protection of the interests and values of the off-site Wetland Resource Areas enumerated within the above- referenced statutes.

2. General Site Description

The project site is located southwest of the corner of West Chester Street and Wesco Place immediately south of Sunset Hill, proximate to downtown Nantucket (Appendix A, Figures 1 and 2). Lot C (6,882± sf) has been subdivided from the 19,420± square foot

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PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Notice of Intent Application 32 West Chester Street Map 42.4.3, Parcel 51 (Lot C) Nantucket, MA

Parcel 51 (Map 42.4.3). Existing dwellings are present on Lot A and B of the subdivided parcel, whereas Lot C is vacant.

Single-family residences occur to the east, west, and north, while a garage surrounded by lawn abuts to the south on #34 West Chester Street (Map 41, Parcel 31). BVW (Lily Pond wetland system) exists on the southerly abutting property (34 West Chester Street), as confirmed by the aforementioned July 25, 2018 Determination of Applicability, and as depicted on the Proposed Site Plan.

Lot C is currently occupied by lawn, landscaping, and retaining walls. Scattered patches of vegetation are composed of black cherry (Prunus serotina), willows (Salix spp.), privet (Ligustrum spp.), rose-of-sharon (Hibiscus syriacus), burning bush (Euonymus spp), bush honeysuckle (Lonicera spp.), Japanese knotweed (Fallopia japonica), multiflora rose (Rosa multiflora), and porcelain berry (Ampelopsis brevipedunculata). The majority of Lot C is relatively flat with a moderately steep slope occupying the westerly portion of the lot.

2.1 Floodplain Designation

According to the June 9, 2014, Federal Emergency Management Agency Flood Insurance Rate Map for the Town of Nantucket (25019C0086G), the subject parcel is not located within a Special Flood Hazard Area (Appendix A, Figure 3). Zone X, Areas of the 0.2% annual chance flood, extends across a portion of the subject parcel.

2.2 Natural Heritage and Endangered Species Program Designation

According to the 14th edition of the Massachusetts Natural Heritage Atlas (effective August 1, 2017) published by the Natural Heritage & Endangered Species Program (NHESP), the project site does not occur within an Estimated Habitat of Rare Wildlife or Priority Habitat of Rare Species (Appendix A, Figure 4).

3. Proposed Project

The Applicants are proposing a single-family dwelling with attached garage and dry laid stone (pervious) patio, accessed via a pervious driveway within the northeasterly portion of the lot. All proposed work activities are located upgradient of the 50-foot Buffer Zone to the off-site BVW/Vegetated Wetlands. The proposed structure will tie into municipal sewer and water. A sewer pump will be installed on-site. Roof runoff will be directed to

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PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Notice of Intent Application 32 West Chester Street Map 42.4.3, Parcel 51 (Lot C) Nantucket, MA

a shallow subsurface infiltration chambers located northwest of the structure. Proposed regrading has been minimized to the greatest extent feasible.

High groundwater has been documented by Bracken Engineering at El. 6.1±. A slab foundation has been selected to avoid intrusion into high groundwater. During construction of the slab foundation and/or utility installation, excess water will be pumped into the town’s drainage system in accordance with DPW approval. No permanent dewatering is proposed.

The Applicants are also proposing to enhance vegetative cover within the southeasterly portion of the lot, as depicted on the Proposed Site Plan. Proposed native species to be planted, include, pussy willow (Salix discolor), arrowwood (Viburnum dentatum), and highbush blueberry (Vaccinium corymbosum).

Erosion control barriers will be installed along the southerly Limit of Work to contain all work activities and prevent erosion/sedimentation to downgradient Resource Areas.

4. Waiver Request

The Applicant is respectfully requesting a Waiver under Section 1.03 F.3.(a) of the Nantucket Wetlands Protection Regulations for a proposed structure within two feet of high groundwater. Section 1.03 F.3.(a) states, the Commission may grant a waiver from these regulations when the Commission finds that, given existing conditions, the proposed project will not adversely impact the interests identified in the Bylaw and there are no reasonable conditions or alternatives that would allow that project to proceed in compliance with the regulations.

As stated above, a slab foundation was selected to minimize impacts to high groundwater and dewatering during construction. The proposed slab foundation is a preferred alternative in comparison to a full basement or crawlspace foundation that would require greater dewatering. If dewatering is necessary during foundation construction and/or utility installation, the duration is anticipated to be short. All dewatering will be conducted in accordance with DPW approval. No permanent dewatering is proposed.

The proposed slab foundation and/or utility installation will not cause an adverse impact to the off-site BVW/Vegetated Wetlands that are located greater than 65± feet away. To reiterate, an existing garage (on slab), lawn, grassed driveway, and vegetated Buffer Zone exist in between the proposed dwelling on Lot C and the BVW/Vegetated Wetlands on Page 3 of 4

PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Notice of Intent Application 32 West Chester Street Map 42.4.3, Parcel 51 (Lot C) Nantucket, MA

34 West Chester Street. The proposed project details, including the subsurface infiltration chambers and proposed plantings, will serve to promote groundwater discharge and recharge, flood control and storage, and pollutant removal.

5. Summary

On behalf of the Applicants, Richard & Dianna Chesley, LEC is submitting this NOI Application for a proposed single-family dwelling and appurtenances at Lot C - 32 West Chester Street. All proposed work activities are located greater than 50 feet from off-site BVW/Vegetated Wetlands. The proposed project has been designed to protect downgradient Wetland Resource Areas and be eligible for an Order of Conditions.

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PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH Literature Referenced

Federal Emergency Management Agency Flood Insurance Rate Map, Town of Nantucket (25019C0086G) effective June 9, 2014.

https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx

Massachusetts Wetlands Protection Act (M.G.L. c. 131, §. 40) and its implementing Regulations (310 CMR 10.00), www.state.ma.us/dep.

Sorrie, B. and Dunwiddie, P. 1996. The Vascular and Non-Vascular Flora of Nantucket, Tuckernuck, and Muskeget Islands. Massachusetts Audubon Society, Massachusetts Natural Heritage and Endangered Species Program, Nantucket Maria Mitchell Association, and The Natural Conservancy.

Town of Nantucket Bylaw (Chapter 136) and Wetlands Protection Regulations.

United States Department of Agriculture, Soil Conservation Service, in cooperation with Massachusetts Agricultural Experiment Station, Soil Survey for Nantucket County, Massachusetts, issued June 1979.

PLYMOUTH, MA WAKEFIELD, MA WORCESTER, MA RINDGE, NH #32

USGS Topographic Map acquired from the Office of Geographic Information 0500 1,000 2,000 (MassGIS) website. Feet

Figure 1: USGS Topographic Map 32 West Chester Street LEC Environmental Consultants, Inc. ± Plymouth, MA Nantucket, Massachusetts 508.746.9491 May 30, 2019 www.lecenvironmental.com BLACKBERRY LANE BLACKBERRY

LOCUS

2014 Aerial Orthophoto Map acquired from the Office of Geographic 0 50 100 200 Information (MassGIS) website. Feet

Figure 2: Aerial Orthophoto Map 32 West Chester Street LEC Environmental Consultants, Inc. ± Plymouth, MA Nantucket, Massachusetts 508.746.9491 May 30, 2019 www.lecenvironmental.com #32

Figure 3: FEMA FIRM 32 West Chester Street LEC Environmental Consultants, Inc. ± Plymouth, MA Nantucket, Massachusetts 508.746.9491 , 201 www.lecenvironmental.com May 30 9 Estimated Habitat of Rare Wildlife (2017) Priority Habitat of Rare Species (2017)

LOCUS

2014 Aerial Orthophoto acquired from the Office of Geographic Information (MassGIS) website. 0 300 600 1,200 Feet

Figure 4: NHESP Map 32 West Chester Street LEC Environmental Consultants, Inc. ± Plymouth, MA Nantucket, Massachusetts 508.746.9491 May 30, 2019 www.lecenvironmental.com