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HomeMy WebLinkAbout2012-10-17%? Minutes for October 17, 2012, adopted Nov. 14 j�`jpNT1lC,yft a3 �� ;� CONSERVATION COMMISSION �' 1 -� N 2 Bathing Beach Road y�1 / Nantucket, Massachusetts 02554 eo9po'� �rO www.nantuckct-ma.gov N Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John BragintorAmiVJennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki Staff: J4 C iEl pn CrD c m Wednesday, October 17, 2012 m 4:00 P.M. on the 2v° Floor of the Public Safety Facility 4 Fairgrounds Sad o m All or a portion of this meeting is being recorded Ifyou plan to record this meeting yourself, please check with the chairman of the board Nke y�B beg Z r7 Called to order at 4:00 p.m. n °D Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norfut !�tutes Taker Attending Members: Steimmer, Oktay, Kerberg, Braginton- Smith, Bennett,�riolding, Glowacki Absent Members: Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment: Carlson — In light of what's been happening with a number of filings, reminder that submissions are due by 4 p.m. the Friday prior to the meeting. Cannot accept materials or information the day of the meeting. II. PUBLIC HEARING A. Notice of Intent (4M) 1. Nantucket Community Sailing -18 Wauwinet Rd. (20- 13,14 &16) SE48 -2452 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding Recused Karberg, Glowacki Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Provided revised site plans in relation to the sailing shed proposed on Town-owned land. Will be on skids to be seasonally removed, and the well and utilities have been removed. Footprint of the shed is 120 square feet (SF); removable deck increases footprint. Have submitted a revised waiver to Board of Selectmen (BOS). Diana Brown, Nantucket Community Sailing — Once it became a removable shed, installing a well and utilities looked too costly and decided to forego it. Shed and deck will be on site from June 15 to September 15 then it will be stored off -site. Bradford Fleming, Nantucket Community Sailing Public Mary Wawro, 3 Eat Fire Spring Road — Questions that the BOS approved this particular application, which includes an 8 -SF deck plus stairs. Contends the height of the structure is excessive. Discussion Steimmer — This commission can base its decision solely on wetlands protection. Staff The design of the structure does not affect how this commission reviews the building in regards to wetlands protection. Have everything necessary to close Motion Motion to Close. (Bennett) seconded Vote 5 -0 Page 1 of 10 Minutes for October 17, 2012, adopted Nov. 14 (4.11) 2. Poster —13 C Street (60.1.2 -76) SE48 -2472 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Plans revised to meet concerns; reviewed those revisions. Seth Wilkinson, Wilkinson Ecological Design — Explains environmentally sound construction of the elevated walkway to least impact a sensitive area. Sarah Alger, Sarah F. Alger P.C. Public None Discussion These are separate lots. Staff Have every necessary to close. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried Unanimously 1. .a 3. Miller, Trustee — 66 Quidnet Road (21 -10) SE48 -2489 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Most work is outside ConComjurisdiction. Work within jurisdiction is outside the 50 -foot buffer. Public None Discussion None Staff Have every necessary to close. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried Unanimously (4.) 4. 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, staff recommendations. Representative None Public None Discussion None Staff Clearing up an issue with the proposed plans. Motion Continued to Oct. 31 without objection. Vote N/A e:m 5. Nichols — 73 Baxter Road (49 -27) SE48 -2494 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Staff Have every necessary to close. Motion Motion to Close. ( Oktay) seconded Vote Carried Unanimously Page 2 of 10 Minutes for October 17, 2012, adopted Nov. 14 (4 <e) Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki 6. 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, staff recommendations. Representative Paul Santos, Nantucket Surveyors — Had filed under the original owner; now with a new owner, need a new decision. Request continuance Public None Discussion None Staff None Motion Continued to Oct. 31 without objection. Vote N/A 7. *Lower Pocomo N.T. — 88 Pocomo Road 915 -42) SE48- Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — Large residence near coastal bank; applicant wants to construct a 5 -6 foot small nourished coastal dune planted with beach grass close to 400 feet total between the two lots. Propose a single row of wooden sand -drift fence buried into the dune. Request continuance. Public Emily MacKinnon, Nantucket Land Council — Concerned about the off -shore Discussion habitat and how much re- nourishment might take place and if it might smother the Staff eel grass. Discussion Oktay — Slats in fence should be wide enough to encourage forward and backward Vote sand movement at least 50% open. Would like to add a sand -drift fence to a site visit. Steinauer — Question about monitoring and refreshment. Rits — It will be monitored on an on -going basis Oktay — Want recognized on the plans the state mean-high water mark. Karberg — Question about replenishing plantings if vegetation is washed away. Due to light wave energy and slow erosion, replenishment will be no more than once perhaps twice a year. Staff No Mass DEP number Motion Continued to Oct. 31 without objection. Vote N/A 8. * Pocomo Point R.T. — 90 Pocomo road (15 -43) SE48- Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — Large residence near coastal bank; applicant wants to construct a 5 -6 foot small nourished coastal dune planted with beach grass close to 400 feet total between the two lots. Propose a single row of wooden sand -drift fence buried into the dune. Public None Discussion None Staff No Mass DEP number Motion Continued to Oct. 31 without objection. Vote N/A Page 3 of 10 Minutes for October 17, 2012, adopted Nov. 14 (SOY) Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki 9. *Slot Realty Trust— 5 Hinckley Lane (30- 170.1) NAN -110 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Zack Bracken, Bracken Engineering — All work outside 50 -foot buffer. Public None Discussion None Staff Have every necessary to close. Motion Motion to Close. ( Oktay) seconded Vote Carried Unanimously o �.) 10. *Hillman-1 Sherburne Way (3040) SE48 -2496 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Bill Hunter, Vaughan, Dale and Hunter and Beaudette, P.C. Paul Santos, Nantucket Surveyors — Single - family dwelling and garage. 2003 beach stairs permitted and constructed. Coastal beach, coastal dune & bank. Work is to extend lawn area up to 25 -foot buffer with no change in topography and regarding slope down to natural depression on adjacent lot to be loamed and seeded. Silt fencing in regards to disturbed areas, clearing out brush up to 100 -foot buffer zone. No waivers required. David M. Haines, Haines Hydrogeologic Consulting Public None Discussion Concern about run -off and erosion caused by regarding and changing vegetation leading into the low spot. There is a lot of Scotch broom, which is on the invasive species list; a condition should be included to ensure it is properly disposed. Staff Have every necessary to close. Motion Motion to Close. ( Glowacki) Vote Carried Unanimously 11. *Forrester Realty Trust — 27 Lincoln Avenue (30 -282) SE48 -2495 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative See Hillman SE48 -2496 Public See Hillman SE48 -2496 Discussion See Hillman SE48 -2496 Staff Have every necessary to close. Motion Motion to Close. ( Oktay) seconded Vote Carried Unanimously Page 4 of 10 - Minutes for October 17, 2012, adopted Nov. 14 12. *Sanford — 16 & 22 Easton Street (42.1.4- 11 &12) SE48 -2499 Sitting Stemmer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting — Existing bulkhead and pier; top concrete in two layers, the top piece needs to be replaced. The base is still solid. Public None Discussion Fortes would go up first to prevent debris from rolling into the harbor. Staff In maintaining what is existing, the disturbance merits the commission's review. Have every necessary to close. Motion Motion to Close. ( Bmginton- Smith) Seconded Vote Carried Unanimously (5 34) 13. *17 Massachusetts Avenue N.T. — 17 Massachusetts Ave. (60.3.-15;60-5) SE48 -2498 Sitting Steirtmer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Raise existing dwelling and improve and bring into flood -plain compliance. There will be some work within the 25 -foot buffer zone. Have allotted 31 SF of new structure in the 25 -foot buffer and vegetation will have to be altered; re- vegetation will replace roast rugosa with bayberry and beach plum. Honeysuckle shrubs will be removed by hand, chipped and put into digester. Total 283 SF re- vegetation footprint and work within the 25- and 50 -foot buffers. New tight tank proposed will need waivers. Public None Discussion None Staff Have every necessary to close. Motion Motion to Close. ( Oktay) seconded Vote Carried Unanimously (5145) 14. *PKG Design Build — 3 &3A Pilgrim Road (41- 612 &613) SE41 -2501 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding Recused Glowacki Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — Foundation work within a 100 -foot buffer without a permit. Work was ceased immediately. Public None Discussion Should condition that native plantings be used in lieu of being all lawn. Condition use of irrigation. Staff Have every necessary to close. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried 6-0 Page 5 of 10 - Minutes for October 17, 2012, adopted Nov. 14 15. CMDM, LLC — 93 & 99 Eel Point Road (30 -9 &10) SE48 -2479 Sitting Steinauer, Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki (came back late) Recused None Documentation Supporting documents and plans, staff recommendations. Representative Bill Hunter, Vaughan, Dale and Hunter and Beaudette, P.C. — Seabeach knotweed has been confirmed to be growing on the property. Massachusetts Natural Heritage is interested in stabilization of the coastal bank for conservation of this plant of special concern. Massachusetts Natural Heritage has granted a seed - collection permit to harvest the seeds, which are stored along with the plants in order to replant to help stabilize the bank. Arthur D. Gasbarro, Blackwell and Associates Inc — Reviews methodology and oversight of the project design to address four concerns: structure will end will way from the abutting property line, creating a firm surface from which to work, Blackwell and Associates Inc will oversee construction. Will confirm sand -source quality. Reviews changes in the plans: increase separation by 30 feet and clarified notes in respect to the pickets 50% open space. Seth Wilkinson, Wilkinson Ecological Design — There me issues to be worked out with permitting in regards to re- seeding the plants back into a stable bank. There were 37 plants, expect about 100 seeds. At this point there is no management plan for the plants from Massachusetts Natural Heritage. Lee Swisher — Policy would be to redistribute the seeds from the same location the seeds were harvested. A quad tube provides more tensile strength than a jute bag. Public Steven Cohen, Reade Gulhcksen Hanley & Gifford LLP for Welsh family — Concerned about negative impact to their property and done in a way that is controlled. Requests 4 conditions: constructed in a way that prevents end scour and eddies, quality of sand and dirt needs to be confirmed, pounding sand into place by heavy equipment, and oversight by a third impartial person. Emily MacKinnon, Nantucket Land Council — The double fence and materials constitutes a coastal engineering structure and that is how performance standard should be applied. Feel there are alternatives that are more economical and better for the ecology. In regards to erosion rates, if this is permitted, it will not have a natural rate of erosion so in addition to maintaining, some kind of mitigation nourishment needs to be included. D. Anne Atherton — Asks about submitting public concerns in regards to protecting public land to the east in regards to this application. There are concerns about the impact of this project on the abutting Town Beach. Asks where in the process is the cumulative impact considered. Discussion No way to guarantee that the Seabeach knotweed will persist once re- seeded; it comes and goes. Requiring something like that to be there for the long term, wouldn't be able to tell if it is a dynamic of the plant or poor management. Should have a firm directive from Massachusetts Natural Heritage in regards to the plants. There will have to be some kind of balance between stabilizing the bank and having room for the plant; it could be that it was a fluke that this plant found a habitat there. Oktay — Would prefer at most a structure that is as soft as possibly, matches joint needs and mimics nature. Glowacki — Would weigh the performance standards with commission interests. Page 6 of 10 Minutes for October 17, 2012, adopted Nov. 14 Discussion Steinaaer — Need to ask if this will provide the sand it normally provides and continued where is that sand coming from. Need to protect the beach itself; these things tend Karberg, Braginton - Smith, Bennett (acting chair), Golding, Glowacki to form peninsulas. With two layers of fencing and core bags, this is approaching a Steinaaer, hard structure. Need to know the average contribution to the beach over the last 15 Supporting documents and plans, staff recommendations. years to help understand if enough sand is being provided. Zack Bracken, Bracken Engineering — After work began, realized foundation Bennett — Concerned about the hardening of this structure which tends to increase needed work, but that was not part of the initial application. Work on the site has scouring; but don't want to watch the beach wash away. Would like something stopped. Foundation will be re- supported by piers. more of a natural rate of nourishment. Matt MacEachem, Emeritus Development — Constructed in 1960s on 6X6 footings Golding — Table One figures show variability from which to extrapolate. 12X12 piers connect to existing slab. (Oktay depart 6:54 p.m.) See this as an opportunity to collect data to see how such None a project actually works. Entire property is subject to coastal storm flowage and must conform to code. Steinaaer — The beach and banks are a protected interest of this commission. A part of the building was razed in the process. Received a letter from an abutter Cumulative impact is another ball game as the applications come forward one at a asking that the project be continued; letter came in very late and the material had time. Staff State act does not cover plants; as it relates to this commissions interest, this plant Motion to Issue. ( Glowacki) seconded should be part of the whole. 5 -0 This commission does not design projects, it puts forth concerns and conditions and the applicant responds with the design. Motion Continued to Oct. 31 without objection. Vote N/A B. Amended Orders of Conditions ("n 1. • Young —28 Easy Street (42.4.2 -67) SE48 -2455 Sitting Karberg, Braginton - Smith, Bennett (acting chair), Golding, Glowacki Recused Steinaaer, Documentation Supporting documents and plans, staff recommendations. Representative Zack Bracken, Bracken Engineering — After work began, realized foundation needed work, but that was not part of the initial application. Work on the site has stopped. Foundation will be re- supported by piers. Matt MacEachem, Emeritus Development — Constructed in 1960s on 6X6 footings 12X12 piers connect to existing slab. Public None Discussion Entire property is subject to coastal storm flowage and must conform to code. Staff A part of the building was razed in the process. Received a letter from an abutter asking that the project be continued; letter came in very late and the material had been available for public review for two weeks. Recommend close and issue order Motion Motion to Issue. ( Glowacki) seconded Vote 5 -0 Page 7 of 10 Minutes for October 17, 2012, adopted Nov. 14 III. PUBLIC MEETING i7:,n Recused A' Minor Modifications 1. *7 Huckleberry Lane, LLC — 7 Huckleberry Lane (32 -60) SE48 -2376 Sitting Steinauer, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Pool has turned 90 degrees Recommend issue order. and approach layout and retaining walls have changed. Everything is outside the Motion to Issue. ( Glowacki) seconded 50 -foot and 75 -foot setbacks. Public None Discussion If planting in buffer zones, the plants should be native and boxed huckleberry is Steimmer, Braginton - Smith, Bennett, Golding, Glowacki not native. Recommend using black huckleberry. Staff Native vegetation is better for local wildlife than exotic plants. Recommend Supporting documents and plans, staff recommendations. approval Motion Motion to Approve as a minor modification. (Golding) seconded Vote Carried Unanimously c7 m Staff B. Certificates of Compliance 1. *Thompson — I Crow's Nest Way (12 -23) SE48 -51 Sitting Steinauer, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Staff— Issued in 1978 for construction of house Public None Discussion None Staff Recommend issue order. Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously 2. *Thompson— I Crow's Nest Way (12 -23) SE48 -152 Sitting Steinauer, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Construction of septic system Public None Discussion None Staff Recommend issue order. Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously 9.) 3. *Keneally — 215 Polpis Road (26 -29, 30 & 31.1) SE48 -2237 Sitting Steimmer, Braginton - Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Staff— Driveway and pool within 100 -foot buffer zone. Public None Discussion None Staff This is in compliance. Recommend issue order. Motion Motion to Issue. ( Glowacki) seconded Vote Carried 5 -0 Page 8 of 10 — Minutes fm October 17, 2012, adopted Nov. 14 C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) (7uo) 1. Miller, Trustee — 66 Quidnet Road (21 -10) SE48 -2489 Sitting Steinauer, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Staff No waivers were required. Have draft orders but need to change the dates. Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously 2. Houghton — 15 North Liberty Street (42.3.4 -2) SE48 -2493 (cont. Oct. 31) (+3n 3. Nichols — 73 Baxter Road (49 -27) SE48 -2494 Sitting Steinauer, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Spelling error Staff Draft orders that need dates. Conditions read. Required waiver under no adverse impact and no reasonable alternative. Motion Motion to Issue as corrected. ( Karberg) Vote Carried Unanimously (7 33) 4. Buttermilk Channel LLC — 9 Head of Plains Road (63 -67) SE48 -2492 (coot Oct. 31) Sitting Steinauer, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Staff Recommend issue order. Motion Motion to Issue as amended. ( Glowacki) seconded Vote Carried Unammously (7:.,, 5. 'K22S, LLC — 22 West Chester Street (42.4.3 - 119.1) NAN -109 Sitting Steinauer, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Staff Did not get a draft order: came to staff attention after it was closed that the hearing had not be properly noticed. On advice of Town Counsel, the applicant re- noticed and re- opened the public hearing. Motion Hearing re- opened and continued to Oct. 31 without objection. Vote N/A Page 9 of 10 - Minutes for October 17, 2012, adopted Nov. 14 Discussion of other closed notice of intent public hearings Nantucket community Sailing — 18 Wauwinet Road Poster— 13 C Sheet Sitting Steinauer, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Discussion Glowacki — Do not see the point in preparing two draft orders. Steinauer — Don't see why this commission should allow multiple stairs that are a disturbance to the bank. This commission has an obligation to protect resources and there is a limit to what it will allow. Set bad precedence; this is one owner with an easement; the stairs will not be on a separately owned property. Golding — Believe this is a reasonable alternative. This commission is caught between "a rock" and erosive issues. Glowacki — Don't see this commission has the authority to deny this. Staff Can draft different orders. An application was submitted through a legally established easement and it meets all ConCom standards. Motion Move to direct staff to prepare a permissive order. (Glowacki) Seconded Vote Carried 4 -2 Slot Realty Trust — 5 Hinckley Lane Hillman — 1 Sherburne Way & Forrester Realty Trust — 27 Lincoln Avenue Sitting Steinauer, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Discussion Concern about amorphousness of amount of fill going into the dip and how to regulate that; it could be brought up to level with the rest of the property. Staff If the dip is over filled, it does not comply and certificate of compliance would not be issued. Sanford — 16 & 22 Easton Street 17 Massachusetts Avenue R.T. — 17 Massachusetts Avenue PKG Design Build — 3 &3A Pilgrim Road IV. Other Business 1. Reports: i. Project Reports — Staff none ii. CPC — Glowacki, still no conservation/open space proposals. iii. NP &EDC — Bennett, nothing iv. Mosquito Control Committee — Braginton- Smith, nothing v. Coastal Management Plan (CMP) — Staff, first public hearing on Sector 2. vi. Other/Miscellaneous Reports 2. Commissioners Comment: Phragmites taking over the east end of Lily Pond. 3. Administrator: i. Staff Reports — a. Philjan enforcement order update b. 2 Franklin Street update c. Relocating a portion of Sheep Pond Road will intrude on species of interest. ii. Approval of Minutes — None V. PUBLIC HEARING A. Town of Nantucket Adjourned at 8:00 p.m. Submitted by: Terry L. Norton Page 10 of 10