The URL can be used to link to this page

Home My WebLink About2012-10-31Minutes for October 31, 2U12, adopted Nov. 14 T CONSERVATION COMMISSION a3� %sx 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket- ma.sov 9pagpSEO Wednesday, October 31, 2012 4:00 P.M. 2n° Floor Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki z o Called to order at 4:00 p.m. z Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry NortonZl iris Taker Attending Members: Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golcag, 6tow0wi Absent Members: None M a n Agenda adopted by unanimous consent *Matte[ has not been heard z —a rn I. PUBLIC MEETING A. Public Comment - none m ry � v x II. PUBLIC HEARING A. Notice of Intent 1. Norwood Farm Trust — 243 Polpis Road (46 -1) SE48 -2473 (coat 11/28) (002) 2. Houghton —15 North Liberty Street (42.3.4 -2) SE48 -2493 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None at this time. Staff There is an issue about the plan; representative requested continuance Motion Continued without objection to 11/14 Vote N/A 3. Buttermilk Channel, LLC — 9 Head of Plains Road (63 -67) SE48 -2492 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion Was waiting for Massachusetts Natural Heritage sign off. Staff Have everything needed to close. Motion Motion to Close. ( Braginton- Smith) Vote Carried 6 -0 Page 1 of 10 Minutes for October 31, 2012, adopted Nov. 14 µat 4. Lower Pocomo N.T. — 88 Pocomo Road (15 -42) SE48 -2497 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering —Nourish dime, single drift sand fence, and beach grass vegetation. Mean-high water line has been added to the plan. Volume of sediment proposing 2 cubic yards (CY) per linear foot. Current toe to cobble off- shore start about 82 feet, proposed volume of sediment per nourishment will spread out 7/101 of a foot. Erosion rate from 1994 to 2012 is approximately one foot per year, which results in one replacement per year with possibly a second in the event of a storm event. Public None Discussion Bank height is 30 -32 feet and beach at about 8 feet; on the order of 24 feet of bank height times one -foot of retreat is about 1 CY per year of contribution. Fence will have 50% void. There will be space for pedestrian traffic in all cases except extreme high water. Staff Have everything necesssary to close. Motion Motion to Close. (Braginton- Smith) Vote Carried Unanimously 5. Pocomo Point R.T. — 90 Pocomo Road (15 -43) SE48 -2500 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Nourish dune, single drift sand fence, and beach grass vegetation. Mean-high water line has been added to the plan. Volume of sediment proposing 9.6 yard linear foot. Current toe to cobble off -shore start about 82 feet, proposed volume of sediment per nourishment will spread out slightly less than 7/100' of a foot. Erosion rate from 1994 to 2012 is approximately one foot per year, which results in one replacement per year with possibly a second in the event of a storm event. Public None Discussion Bank height is 30 -32 feet and beach at about 8 feet; on the order of 24 feet of bank height times one -foot of retreat is about 1 CY per year of contribution. Fence will have 50% void. There will be space for pedestrian traffic in all cases except extreme high water. Staff Have everything necesssary to close. Motion Motion to Close. (Braginton- Smith) Vote Carried Unanimously Page 2 of 10 Minutes for October 31, 2012, adopted Nov. 14 Page 3 of 10 Pep 6. K22S, LLC —22 West Chester Street (42.4.3 - 119.1) NAN -109 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Explains modification to plan, mitigation process, and invasive species removal. Requesting waiver for work within two feet of watershed. Chip Stahl — Cleaning up a tree brought down in the storm. John Bracken, Bracken Engineering — Slab and crawl space will be sufficiently separated from the ground water. Public Caroline Weld, 19% West Chester Street — Concern is for size and scope of building. Construction equipment is on site and digging as of this morning. John Riccio, 33 West Chester Street — Water drainage into Lily Pond will be significantly affected by the drywell in the driveway. Discussion Discussion about the scope of alteration and work. Consideration of the drainage and water moving across the property and the drywell infiltrating the water. Staff Applicant has requested waivers under multiple provisions. Received a number of emails from abutters against the project that came in after the Friday deadline. Have everything necessary to close. Motion Motion to Close. ( Bmginton- Smith) seconded Vote Carried Unanimously to 4v) 7. *Thompson— IA Crow's Nest Way (12 -23) SE48 -2502 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public Bruce Perry, Third -party Consultant Conservation Commission —Need to continued to verify the top of the bank Discussion None Staff Agree with Mr. Perry Motion Continued without objection to 11/14 Vote N/A (4:., 8. *North Star Land Co. — 4 North Star Lane (30 -189) SE48- Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative John Bracken, Bracken Engineering — Expanding existing lawn area and erect a board fence within the 25 -foot buffer. Public Andre Spears, 8 North Star Lane — Question how the infringement might affect water flow and would this set precedence in regards to the wetlands. Discussion Split -rail fence is not a "structure" and does not impede wild -life access to the wetlands. No fertilizer or irrigation should be allowed. Would not expect this to affect water flow. The 0 -25 zone is a "no disturb" zone. The 25 -50 buffer zone is a no structure zone without a waiver; but do allow lawn or other plantings. The 50 -100 zone allows structures but not septic systems. Staff Do not have a DEP number. Motion Continued to 11/14 without objection. Vote N/A Page 3 of 10 Minutes for October 31, 2012, adopted Nov. 14 (s:ap 9. *Blue Shutters, Realty Trust — 4 Hulbert Ave. (42.1.4 -2) SE48 -2504 Sitting Steinauer, Oktay, Bmginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Requesting waivers to remove an exterior staircase to the garage apartment and replace enclosed staircase; all work is within the buffer zones. Request continuance. Public None Discussion Would like to see possible alternative access into the garage apartment. Discussion about whether or not there is no adverse impact. Staff Noen Motion Continued to 11/14 at applicant's request. Vote N/A (5n) 10. *Thirty -Nine Hulbert LLC — 39 Hulbert Ave. (29 -19) SE48 -2503 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Abuts coastal storm flowage and timber bulkhead; requesting waiver for 325SF of structural work on off back -side of structure and replace rosa rugosa with seeded lawn. Public None Discussion None Staff Have everything necessary to close Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried Unanimously (Sai) 11. *Jebel LLC — 41 Hulbert Ave. (29 -18) SE48 -2505 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Requesting waiver within the same regulated area as 39 Hulbert Ave for enlarging deck. Public None Discussion None Staff Have everything necessary to close Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried Unanimously (sap 12. *Four Saratoga — 14 Tennessee Ave. (60.1.2 -6) SE48 -2506 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — All the property is within land subject coastal storm flowage and vegetative buffer. Raise the main large structure onto crawl space. Public None Discussion None Staff Have everything necessary to close Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried Unanimously 13. *Sunset House LLC —15 Hallowell Lane (30 -10) SE48- (cont to 11/14) Page 4 of 10 Minutes for (Rtooer 31, 2012, adopted Nov. 14 (527) 14. CMDM, LLC — 93 and 99 Eel Point Road (30-9&10) SE48 -2479 Sitting Steinauer, Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacld Recused None Documentation Supporting documents and plans. Representative Bill Hunter, Vaughan, Dale and Hunter and Beaudette, P.C. — Project needs to be shifted about 6 feet landward to account for loss of bank due to Hurricane Sandy. Would like to close tonight. Owner is waiting for finalization of purchase of Town property to the east; the structure will not extend into that area. Arthur D. Gasbarro, Blackwell and Associates Inc — The three zones (top, middle and bottom) of the bank will determine the types of plants so that one will not encroach upon another. Propose recreating the bank slope that was lost in the storm event so that the plants can take hold. Don Shawl, Consultant for Wilkinson Ecological Design — Planting protocol overview to include the harvested Seabeach Knotweed seeds. Lee Weishar, Woods Hole Group— Presents information about the bags and reviews rate of leakage. Plan is to maintain minimum amount of sand volume per year. Public Emily MacKinnon, Nantucket Land Council — Still feel this constitutes a Coastal Structure and should be considered accordingly and that there are viable alternatives. Question necessity for Core bags. Annual average erosion material should be required to be replaced on an annual basis D. Anne Atherton — An accommodation to Mr Welsh on the west ends the structure 36 feet from the property line to prevent end scour; a similar accommodation should be made on the eastern end. Discussion Right now the bank is pretty much vertical and planting along that would be near impossible. Beach grass not to exceed 5001a in the middle or top zones; dense planting is proposed for the lower zone. All plants on the proposed list already exist on Nantucket. Concern that the project could create a promontory. Review and discussion of failure criteria; in the interest of continuity and fairness criteria should address an escrow account for removal costs and assurance that the coastal bank will continue to perform naturally to include fines and access and frequency of vehicles coming in for re- nourishment. Have not seen samples of sand from the site and pit to compare. Applicant agrees to: pulling the east end of the project back 20 feet, setting up a $40,000 escrow account to cover the cost of removal and restoration, Staff It is allowable for the applicant to submit an as-built plan and nothing else will be substantially different. Express Selectmen's concern about affect of this project on erosion of the Town property. Have everything needed to close Motion Motion to Close. (Glowacki) seconded Vote Carried 6- 1 / /Oktay opposed 15. Water's Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 1/9/2013) BmY6:M b7:05 p.u. Page 5 of 10 Minutes for October 31, 2U12, adopted Nov. 14 III. PUBLIC MEETING A. Minor Modifications Ob0 1. *Lewis 1. *Badger & Dexter — 91 West Chester Street (41 -827) SE48 -2421 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Move structure away from None resource area. Public None Discussion None Staff Minor modification Motion Motion to Approve as a minor modification. ( Glowacki) seconded Vote Carried Unanimously. B. Certificates of Compliance n:ur1 1. *Lewis — 124 Tom Nevers Road (91 -43.2) SE48 -2433 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff For beach stairs, Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously (I a) 2. *Conte — 21 Crooked Lane (41 -480) SE48 -2147 Sitting Oktay(acting), Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused Steinauer Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Barn outside of 50 -foot buffer. Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously p o» 3. *45 Eel Point Road LLC (32- 18,22 &23) SE48 -2081 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Beach stairs donated to Town and access path. Motion Motion to Issue ( Glowacki) seconded Vote Carried Unanimously - Page 6 of 10 Minutes for October 31, 2012, adopted Nov. 14 4. *Schwed — 50 Wauwinet Road (14 -68.2) SE48 -1814 Sitting Steinauer, Oktay, Braginton - Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Dwelling in permitted location. Motion Motion to Issue ( Glowacki) seconded Vote Carried 6 -0 (rOn 5. *Nantucket Island Resorts, LLC — 50 Easton Street (42.4.1- 23,24,25) SE48 -1966 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Bulkhead rehabilitation and minor repairs to boat basin. Recommend issued. Motion Motion to Issue. ( Glowacki) seconded Vote Carried 6 -0 6. *Nantucket Island Resorts, LLC — 50 Easton Street (42.4.1- 23,24,25) SE48 -579 Sitting Steinauer, Oktay, Braginton - Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Invalid since SE48 -1966 covers this. Motion Motion for Invalid order. ( Glowacki) seconded Vote Carried 6 -0 7. *Nantucket Island Resorts, LLC — 50 Easton Street and Boat Basin SE48 -435 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Invalid since SE48 -1966 covers this. Motion Motion for Invalid order. ( Glowacki) seconded Vote Carried 6 -0 Page 7 of 10 Minutes for October 31, 2012, adopted Nov. 14 C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. Houghton -15 Notch Liberty Street (42.3.4 -2) SE48 -2493 2. Buttermilk Channel, LLC —9 Head of Plains Road (63 -67) SE48 -2492 Sitting Steinauer, Oktay, Braginton - Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review conditions Motion Motion to Issue. ( Oktay) Vote Carried 6 -0 3. *Nantucket Community Sailing — 18 Wauwinet Road (20- 13,14 &16) SE48 -2452 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding Recused Karberg, Glowacki Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review conditions. Motion Motion to Issue. (Bennett) seconded Vote Carried 5 -0 cam 4. *Poster — 13 C Street (30.1.2 -76) SE48 -2472 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Review performance standards. Should require a waiver as there is an impact on the coastal bank and there is a reasonable alternative. Performance Standard Nr 3 does not have a requirement for water dependent use; it addresses only the adverse impact on the coastal bank stability, vegetation, wildlife. Denial would be based on: Nr 3 — negative impact Staff Review conditions. If this is now denied, the commission has to rely totally upon staff to draft and issue the negative order; up against the 21 days. Motion Motion to Issue as prepared. ( Glowacki) second Vote Carried 4- 3 / /Oktay, Steinauer & Bennett opposed amt 5. *Slot Realty Trust— 5 Hinckley Lane (30- 170.1) NAN -I10 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Pervious driveway with paved apron adjacent to wetlands Motion Motion to Issue.(Braginton- Smith) seconded Vote Carried Unanimously Page 8 of 10 Minutes for October 31, 2U12, adopted Nov. 14 Page 9 of 10 6. *Hillman —1 Sherburne Way (30 -40) SE48 -2496 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Clearing of brush and changing into lawn Motion Motion to Issue. (Bennett) seconded Vote Carried Unanimously (T3,) 7. *Forrester Realty Trust — 27 Lincoln Ave. (30 -282) SE48 -2495 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Primarily grading and fill. Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously (1 32) 8. *Sanford —16 & 22 Easton Street (42.1.4- 11 &12) SE48 -2499 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Repair /replace bulkhead and repair concrete pad on water front. Motion Motion to Issue. ( Braginton- Smith) seconded Vote Carried Unanimously (733) 9. * 17 Massachusetts Avenue R.T. — 17 Massachusetts Ave. (60.3.1 -15; 60 -5) SE48 -2498 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Raise & relocation of structure and garage and install tight tank. Review waivers and conditions. Motion Motion to Issue. (Bennett) seconded Vote Carried Unanimously Page 9 of 10 Minutes for October 31, 2012, adopted Nov. 14 (735) 10. *PKG Design Build —3&3A Pilgrim Road (41- 612 &613) SE48 -2501 Sitting Steinauey Oktay, K trberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Foundation work without permit. Motion Motion to Issue. (Braginton- Smith) seconded Vote Carved Unanimously (7',M) 11. *K22S, LLC — 22 West Chester Street (42.4.3 - 119.1) NAN -109 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Review of conditions and waivers. Motion Motion to Issue as amended. (Bennett) seconded Vote Carried 5- 20Oktay & Steinauer opposed 12. Discussion of other closed notice of intent public hearings a. 88 Pocomo Road & 90 Pocomo Road — beach nourishment. b. 39 Hulbert Avenue — deck & rose mgosa removal. c. 41 Hulbert Avenue — expand deck. d. 14 Tennessee Avenue — new foundation. e. 93 & 99 Eel Point Road — beach nourishment. Staff to draft both a positive and a negative order. D. Other Business 1. Reports: a. CPC — Glowacki b. NP &EDC — Bennett c. Mosquito Control Committee — Braginton -Smith d. Coastal Management Plan — Oktay e. Other/Miscellaneous Reports: Harbor Plan Implementation 2. Commissioners Comment: Glowacki — Looked for a government listing of invasive species and could not find one. Asked that if anyone is aware of one to please forward it. 3. Administrator: a. Project Reports i. Update 2 Franklin Street enforcement order by John Bracken, Bracken Engineering. ii. New enforcement issue on West Chester Street, expanded driveway into the wetlands. Motion to Ratify Enforcement for 47A West Chester Street. ( Oktay) seconded. Carried Unanimously b. Staff Report — none c. Approval of Minutes — none Motion to Adjourn at 8:08 p.m. Submitted by: Terry L. Norton Page 10 of 10