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Home My WebLink About2012-10-3Minutes for October 3 2012. adouted Nov. 14 "pNTOC "Er�9 CONSERVATION COMMISSION o�. MINUTES 2 � �9 2 Bathing Beach Road ap NAtE�� Nantucket, Massachusetts 02554 z www.nantucket- ma.gov v Commissioners: Ernie _ Steinauer (Chair), Sarah Oktay (Vice - chair), John Br zntcftSmith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowac n z rn Wednesday, October 3, 2012 4:00 P.M. � o rrnn 2 "d Floor of the Public Safety Facility 4 Fairgrounds Redd All or a portion of this meeting is being recorded. f :3 M Ifyou plan to record this meeting yourself, please check with the chairman of thefdoar&be ore you begin Called to order at 4:03 p.m. M Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Kerberg, Braginton - Smith, Bennett, Golding, Glowacki Absent Members: None Late Arrivals: Glowacki 4:07 p.m. Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment - None H. PUBLIC HEARING A. Notice of Intent 1. Nantucket Community Sailing — 18 Wauwinet Rd. (20- 13,14 &16) SE48 -2452 (cont to 10/17) 2. Poster — 13 C Street (60.1.2 -76) SE48 -2472 (cont to 10/17) 3. Norwood Farm Trust — 243 Polpis Road (46 -1) SE48 -2473 (cont to 10/31) 4. Miller, Trustee — 66 Quidnet Road (21 -10) SE48 -2489 (cont to 10/17) (445) 5. BFP Properties, LP —13 Easton Street (42.1.4 -26) SE48 -2490 Sitting Oktay (acting), Karberg, Bragimon- Smith, Bennett, Golding, Glowacki Recused Steinauer Documentation Supporting documents and plans. Representative Bob Emack Public None Discussion Oktay confirmed having listened to the tape and reviewed the material. Staff Have everything needed to close. Motion Motion to Close. ( Braginton- Smith) seconded. Vote Carried Unanimously Page 1 of 7 Minutes for October 3. 2012. Mooted Nov. 14 (4 On 6. *Houghton— 15 North Liberty Street (42.3.4 -2) SE48- Sitting Steinauer, Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Jim Houghton — Renovation/addition and deck. All new construction outside 50 -foot Greg Nichols, Owner buffer. Landscaping involves natural cape grasses and irrigation toward the road. Public None Discussion Steinauer — There used to be Japanese Knotweed in NE area and wants to know how None it will be disposed of Staff Knotweed is not on this lot. Have drafted orders but need to continue. Motion Continued to Oct 17 without objection Vote N/A (412) 7. *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 — Moving house and building additions. Small wetlands at edge of lawn; will plant 12 -8X66 -foot vegetative buffer and remove invasive species. Chip Stahl, owner Public Through staff: abutter at 8 W Chester St indicated that he is not in favor of the move and addition. Discussion Oktay — Best for wetlands would be the buffer, and reducing the lawn. Glowacki — Thoughts about treating grapes as an invasive species. Staff Have everything necessary to close. Motion Motion to Close. (Braginton -Smith) seconded. Vote Carried Unanimously 8. *Nichols — 73 Baxter Road (49 -27) SE48- Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Greg Nichols, Owner David M. Haines, Haines Hydrogeologic Consulting — Requested waiver to do work inside 25 -foot buffer. Public None Discussion None Staff Have drafted orders but need to continue. Motion Continued to Oct 17 without objection Vote None Page 2 of 7 Minutes for October 3, 2012, selected Nov. 14 (m» (4,43) 12. Sconset Beach Preservation Fund — Baxter Road (48 -8) SE48 -2474 9. *Buttermilk Channel, LLC — 9 Head of Plains Road (63 -67) SE48 - Sitting Stemmer, Oktay, Bmginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Wetland line has been certified and have recommendations from Laurentide. Approximately 2 acres with less than 1/3 being developed. Request continuance. Public None Discussion None Staff Continuing allows Mr. Santos to respond to any comments. Motion Continued to Oct 17 without objection Vote None (I-) 10. *Sacredote — 19 Kimball Ave. (30 -29) SE48 -2491 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bob Emack — New septic outside buffer. Public None Discussion Staff Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 11. CMDM, LLC — 93 and 99 Eel Point Road (30 -9& 10) SE48 -2479 (cont to 10/17) (4,43) 12. Sconset Beach Preservation Fund — Baxter Road (48 -8) SE48 -2474 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Steven Cohen, Reade Gullicksen Hanley & Gifford LLP Barry Fogel, Keegan Werlin LLP — Submitted a number of responses to letters received recently. Intent was to close the hearing today, and the late responses are a concern. Notice of Intent page 824 table 10 addresses the inclusion of lines into the system. Agrees to continuance to October 4 at 4 p.m. Les Smith, Environmental Scientist Epsilon Associates Inc. Jamie Feeley, Cottage and Castle Inc Peter Kaizer Public -Barn LaFarge, Coastal Management Plan Work Group — Concerned a lot of natural beach will disappear. Finn, Nantucket Land Council — Bank volume. Information still missing: monitoring a pilot project and criteria on how to evaluate that. In regards to an established moratorium and the idea of there could be piece -meal efforts along the beach. D. Anne Atherton, 48 Squam Road — New info in regards to alternative analysis; affect on public infrastructure. Mary Wawro, 3 Eat Fire Springs Road — Calls attention to letter from Dirk Roggeveen. Engineer believes anchors are necessary but applicant is modifying that. Monitoring proposals are not clear. John & Catherine Stover, 5 Liberty Street — Expressed frustration with the dragging out of this project. Page 3 of 7 Minutes for October 3. 2012. adopted Nov. 14 Discussion Oktay, Steinauer & Braginton -Smith confirmed having listened to the tape and hail reviewed the material. 1. *Cressman Bennett — If the cages break apart and rocks spill out, that would indicate a bad Sitting design and should be a failure criterion. Recused Foley — Would want an evaluation as to why a mattress failed before the entire Documentation project is considered a failure. Representative Steinauer — Perhaps establish multiple levels for failure. Public Oktay — States that her main concerns are loss of the beach and scouring on the ends. Discussion An attempt to explain Loss of Beach is in Failure Criterion Number 14; believes that Staff this criterion is not restrictive enough. This implies that is it okay to lose access to the beach in the winter as long as not in the summer. This commission needs to consider Motion how important public and emergency access to the beach is in the winter. Vote Steinauer — With the loss of the beach the option of going up on top and over the project could be difficult for a pedestrian to traverse it. This can be discussed in conditions. Foley — Response to public comments. Oktay — Not allowing additional work is within ConCom's purview. Steinauer — This commission is no longer receiving new information. Staff If this were to receive a positive vote the permit would be conditioned; reads regulation on how the project would be conditioned. In regards to the comment that the proposed project does not qualify under protection of pre -1978 structures as it does not contain any, this is on Town property and the Town has authorized the use of the land to apply for the permit. Have to have concrete reasons to continue the hearing without consent of the applicant. Once a hearing is closed, that is the end of new information coming in and the permit must be issued within 21 days. Technically have everything necessary to close. Motion Continued to Oct 4 at 4 p.m. without objection. Items for 10/4 A monitoring plan. Last call for community comments. Vote N/A III. PUBLIC MEETING A. Request for Determination of Applicability hail 1. *Cressman — 1 Wauwinet Road (20 -11) Sitting Steinauer, Oktay, Braginton - Smith, Bennett, Golding Recused Karberg, Glowacki Documentation Supporting documents and plans. Representative Asked to cut between 50 and 100 buffers to investigate for septic and well. Public None Discussion The wetland line has not changed. Staff Recommend issue with a Positive 2 confirming the BBW and Negative 3 that work is in the buffer zone. Motion Motion to Issue (Golding) seconded. Vote Carried 5 -0 Page 4 of 7 Minutes for October 3 2012. adopted Nov 14 B. Certificates of Compliance (5:56 1. *White Whale Lane, LLC — 54 Tennessee Ave. (59.4- 96&98) SE48 -2107 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Issue with on -going Condition 20 Motion Motion to Issue with on -going Condition 20. ( Glowacki) seconded Vote Carried Unanimously PM — 73 Baxter Road (49 -27) SE48 - 2. *Ehart — 26 Willard Street (29 -112) SE48 -2345 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No conditions necessary. Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. *Miller, Trustee — 66 Quidnet Road (21 -10) SE48 -2489 2. *BFP Properties, LP — 13 Easton Street (42.1.4 -26) SE48 -2490 Sitting Oktay (acting), Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused Steinauer Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Condition no fertilizers or irrigation permitted. Motion Motion to Approve. (Bennett) seconded Vote Carried Unanimously 3. *Houghton — 15 North Liberty Street (42.3.4 -2) SE48 - 4. *Nichols — 73 Baxter Road (49 -27) SE48 - 5. *Buttermilk Channel, LLC — 9 Head of Plains Road (63 -67) SE48 - 6. *Sacredote — 19 Kimball Ave. (30 -29) SE48 -2491 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No fertilizers or irrigation permitted & edge of lawn delineated on plan. Motion Motion to Issue as corrected. ( Oktay) seconded Vote Carried Unanimously Page 5 of 7 Minutes for October 3. 2012, adorned Nov. 14 7. Sconset Beach Preservation Fund — Baxter Road (48 -8) SE48 -2474 is -1 8. Discussion of other closed notice of intent public hearings — K22S, LLC, 22 W. Chester St. Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Rectsed None Documentation Supporting documents and plans. Representative None Public None Discussion Steinauer — The shower in the buffer zone is an issue. The line to re- vegetate naturally should require some kind of report so that it can be reviewed. Glowacki —There is a list of invasive plants and plants to be removed should be on that list and not just something the owner doesn't like. Staff — Will review that protocol and can exclude out treatment of grape vines. Steinauer — This commission has allowed people to trim back grape vines. Staff — Can ask as part of the monitoring of what comes back. If it appears to be all grape then we can ... Oktay — Mechanical removal of grape, which is not an invasive plan as defined by the IPFC is allowed. I want to point out that it is not listed. Glowacki — The question is if the lawn is pulled back, will there be further impact. Oktay — There is a benefit to not having lawn in the wetlands. Karberg — If this had been a new construction, this commission would have requested the applicant to look at option to be completely out of the 50 -foot buffer. Steinauer — Looking at the plan indicates that there are options. Oktay — Some areas within the 50 -foot buffer don't seem to match the drawings; the numbers are off. Glowacki — During the hearing all the discussion was about the buffer and planting or no planting. Oktay — The proposal puts 75 square feet of house into the 50 -foot buffer where presently none is in the 50. Karberg — Perhaps would like something to memorialize edge of what is being allowed to grow back since it is presently being mowed; someone could inadvertently mow over that line. If we are allowing construction within the 50, it is on the basis that something is being allowed to regenerate. Staff Have asked for waiver based on long -term net benefit to the wetlands by providing removal of invasive species and increase to the buffer zone. Requested grant a waiver to Section 3.02B2 for the structure within 50 feet. Also requested a waiver under no reasonable alternative /no adverse impact as it relates to the 2 -foot separation from the ground water. D. Other Business 1. Reports: i. Staff Project Reports — Had issued two enforcement orders: a. Oak Hill Investments, 2 Franklin Street — Review of precipitating events leading to situation. b. PhilJan Realty Trust, 2 North Beach Street — Update. ii. CPC — Glowacki reported there are zero applicants for conservation of open space. iii. NP &EDC — Bennett nothing to report. iv. Mosquito Control Committee — Braginton -Smith nothing to report. v, Coastal Management Plan (CMP) — Oktay report official hearing on Sector II (north shore) on Oct. 8. vi. Harbor Shellfish Board — Glowacki discussed the water quality testing & sampling under the Estuaries Program and how that is financially born; next meeting next Wednesday. vii. Other/Miscellaneous Reports — Shellfish Management Plan, Oktay reported that it has been approved and will be presented to the Board of Selectmen. Page 6 of 7 Minutes for October 3. 2012. adopted Nov. 14 2. Commissioners Comment: i. Bennett asked if there had been an update on Eel Grass replanting. 3. Administrator: i. Staff Report — October 15 is field viewing day and the CMP to be presented and should the viewing be moved to another date or moved up earlier. Viewings from 4 to 5:45. Draft orders on paper have been going into packets; will cease that process and bring or email to commissioners. ii. Approval of Minutes - None IV. PUBLIC HEARING A. Town ofNantucket Wetlands Protection Motion to Adjourn at 6:43 p.lm. Submitted by: Terry L. Norton Page 7 of 7