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HomeMy WebLinkAbout2012-9-19Mmutes for September 19, 2012, adopted Nov. 14 Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton - Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki 4:00 P.M. on the 2 a Floor of the Public Safety Facility 4 Fairgrounds Road All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin Called to order at 4:05 p.m. Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norton, Minutes Taker Attending Members: Kerberg, Bmginton- Smith, Bennett (acting chair), Golding, Glowacki Absent Members: Steinauer, Oktay Agenda adopted by unanimous consent *Matter has not be. heard I. PUBLIC MEETING A. Public Comment - None II. PUBLIC HEARING A. Notice of Intent F' CONSERVATION COMMISSION 2. Poster —13 2 Bathing Beach Road 3� 61 Nantucket, Massachusetts 02554 �NOdBptEO� www nantucket- ma.eov Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton - Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki 4:00 P.M. on the 2 a Floor of the Public Safety Facility 4 Fairgrounds Road All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin Called to order at 4:05 p.m. Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norton, Minutes Taker Attending Members: Kerberg, Bmginton- Smith, Bennett (acting chair), Golding, Glowacki Absent Members: Steinauer, Oktay Agenda adopted by unanimous consent *Matter has not be. heard I. PUBLIC MEETING A. Public Comment - None II. PUBLIC HEARING A. Notice of Intent 1. Rowe —137 Wauwinet Road (11 -11.1) SE48 -2468 (coat to 11/14) 2. Poster —13 C Street (60.1.2 -76) SE48 -2472 (cont to 10/3) c. a1 3. 5 Quaise, LLC — 5 Quaise Pasture Road (26 -21) SE48 -2488 Sitting Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Siltation fence is now at the 25 foot buffer. Public None Discussion Golding — There is a several very large mature bushes and trees. Would like to know what the disposition of them will be; want them retained as much as possible. Staff Have everything we need to close. Motion Motion to Close. (Golding) seconded Vote Carried4 -0 Page 1 of 8 Mmutes for September 19, 2012, adopted Nov. 14 (a, o) 4. Sixteen Monomoy Road N.T. —16 Monomoy Road (54 -52) SE48 -2487 Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Nathan MCMUBen — Defined where the old drive was as well as the new one. Public None Discussion None Staff Everything to close. Motion Motion to Close. (Golding) seconded Vote Carried Unanimously (' n) 5. *Miller, Trustee — 66 Quidnet Road (21 -10) SE48- Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Work within buffer zone of a coastal dune. Propose to install drinking water well, landscape improvements, septic upgrade and addition to structure. Proposed irrigation and fertilizer use within the buffer zone. Don't have a file number of Mass Heritage letter and ask for continuance. Public None Discussion None Staff Fertilizer proposed for use is in compliance with standards. Motion Continued to October 3 without objection. Vote N/A 016) 6. *Bosco — 26 West Chester Street (42.4.3 -56) NAN -108 Sitting Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Request waiver for two additions to structure within 100 -foot buffer zone and West elevation addition within 50 -foot buffer zone. Propose wetland mitigation to the 25 -foot buffer zone. Public None Discussion None Staff Filing is sole against local regulations. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously 7. CMDM, LLC —93 and 99 Eel Point Road (30 -9 &10) SE48 -2479 (cont to 10/3) Page 2 of 8 Minutes for September 19, 2012, adopted Nov. 14 ,2p 8. Sconset Beach Preservation Fund — Baxter Road (48 -8) SE48 -2474 Sitting Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Steven Cohen, Reade Gullicksen Hanley & Gifford LLP — Request continuance for October 3 and request a special meeting pre - scheduled that week to preclude this dragging out and for staff to draft a proposed Order of Conditions and denial. Les Smith, Environmental Scientist Epsilon Associates Inc. Jamie Feeley— Storm monitoring process, measure changing volume of template, will be down there once a month and after any major storm. During storm season, the contractor with a skid steer will be on site to reform the template. A I- to 2 -foot veneer will be left on the mattress. Will us a laser leveler which will establish elevation 28, which is the top of the template of the section being looked at; and with sensor and height pole measure down to the new top of the template. Dividing the new height by overall height provides a percentage; then add on that total. Pete Kaizer Public Bam LaFarge — If you need to replenish the template, sand is coming from above. Once stuff gets going, it is going to be vegetated; how do you do that when sand is coming from above? Emily MacKinnon, Nantucket Land Council — Introduce into the record a letter received from consultant. Discussion Karberg — When re- leveling/recreating the template, how do you determine how far out? Answer: measure out to the template platform which is 24 -feet wide. Bennett — Concerned about the adjacent lot and doing surveys on those lots. Answer: will provide profiles on adjacent lots. Glowacki — A question raised about sediment of the flues and volume of replacement. Heard today about volume of replacement but nothing about fines. Smith — We do not feel a need for fines; but we can provide them on a 13 percent basis that was subtracted from the coastal bank. Cohen — We anticipated that one of the orders of condition that we would submit would lay out the formula. Glowacki — What I had hoped to see was a calculation of what the bank gives up outside the project on transects. Believe the applicant ought to replace that. Smith — Based coastal bank retreat rate, about 5 feet a year, on 10 years of data. Bennett — Suspect that the amount put on the beach is to account for unconsolidated fill. Karberg — It would be interesting to go along with this whole pilot project if you were actually using those transects to measure what was happening each year as far as and that was being lost and comparing that to what was happening in your pilot area. Discussion about scheduling a special meeting the week of Oct 1. Glowacki — Want to express concern that questions from outside groups arrive with enough time for the applicant to have a chance to respond. Staff Due to matters outside of ConCom control, a special meeting scheduled for Sept. 26 with all commissioners available will not be possible. Braginton -Smith is certified to sit. Once we close the public hearing, we are required to issue within 21 days. Will shoot for October 4 special meeting. Motion Continued to October 3 without objection Vote N/A Page 3 of 8 Minutes ter September 19, 2U12, adopted Nov. 14 (GSp 1. *BFP Properties, LP — 13 Easton Street (42.1.4 -26) SE48- Sitting Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. ' Representative Bob Emack - Request continuance. Public None Discussion None Staff There is a buffer zone from a coastal zone on the north side of the property; but all work is outside that. Will draft Order of Condition. Motion Continued to October 3 without objection. Vote N/A isstn B. Amended Orders of Conditions 1. * Polpis Schoolhouse Trust — 268 Polpis Road (25 -29) SE48 -2470 Sitting Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Permit relocation of drinking - water well to preserve a copse of Holly trees. Location defined by Title 5 and Board of Health regulations. Typically any excavated soils are removed if dirty or reintegrated if clean. Public None Discussion None Staff Can close Motion Motion to Close. (Braginton -Smith) seconded Vote Carried Unanimously Motion Motion to Issue as amended. ( GLowacki) seconded Vote Carried Unanimously (rnl III. PUBLIC MEETING A. Request for Determination of Applicability 1. *O'Horo — 5 California Ave. (60.3.1 -448; 60.2.4 -37 & 38) Sitting Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, htc. — Close off existing covered porch, new proposed porch on east side to be placed on cone tubes on the outer edge of the 100 -foot buffer zone. Public None Discussion None Staff Recommend can issue as Neg 3. Motion Motion to Issue as a Negative 3. (Golding) seconded Vote Carried Unanimously Page 4 of 8 Minutes for September 19, 2012, adopted Nov. 14 is wt B. Minor Modifications 1. *Great Harbor Yacht Club — Washington St. Ext. SE48 -1665 Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Have performed three rounds of sampling and submitted reports as well as a summary report at the end of July. Review of the results of testing. Have had two hits on acetone at 5.6 micrograms in May and 5.1 micrograms in July with a lab detection level of 5 micrograms. Great Harbor Yacht Club (GHYC) is very careful about not using any V OCs. However, research, 15 -year old US Forestry report, revealed that the fireproofing used on wood roofing shingles does use acetone, and we suspect that the acetone is leaching out of the shingles. GHYC again request discontinuance of this testing. Have not conducted 21 rounds with two additional tests. Monitor only the two pre - outfall systems. Director of the DPW submitted a letter into the record saying the sampling was no longer necessary. Stephen Creese, GHYC General Manager — Do have a rubber membrane under the air conditioning platform. The entire storm water system is cleaned, to include all drains along the road, every year in the Spring as it all runs into the GHYC system. Much ranoff comes from the public road and private properties along Washington Street Extension. The sampling costs several thousand dollars for each test. Public Discussion Bennett — It could be off a rubber membrane roof on a flat roof. Glowacki — The conditions are on there, time passes, no applicants want it to be removed. If the commission considered it necessary to begin with; it should consider carefully letting it go. Golding — GHYC does not have control over much that of the runoff going into the storm water system, and it is not fair to put the responsibility on them. They have acted in good faith for years, and believe it is time to discontinue. Karberg — How do we test in the future if that does become a problem? Glowacki — Review of language of the bylaw section concerning minor modifications. Karberg.— Concerned that if no testing has taken place over a period of years and GHYC comes in for a certificate of compliance; would be uncomfortable issuing that. Staff There is no expiration date listed for ending testing. This is the only permit that requires a private entity to do water sampling to this degree. The Order requires that they still maintain the storm water system. The lessening in the scope of work fits in as a minor modification. Could also apply for an Amended Order of Conditions. In the past when this has come up for other applicants, it has been handled as a Minor Modification. Motion Motion to Discontinue testing. (Golding) seconded Vote Carried 3- 2 / /Glowacki & Karberg opposed Page 5 of 8 Minutes for September 19, 2012, adopted Nov. 14 (iml 1. *Colson — 2. *Jefferson Ave, R.T. — 7 & 9 Jefferson Ave. (30 -54 & 54.1) SE48 -2122 Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — As part of the original approval, applicant was None authorized a pervious drive and parking along the 25 -foot zone. Requesting a None pervious 400 SF bluestone patio in an area that was previously intended as lawn. that Approvable without conditions. goes to the edge of the 25 -foot buffer. Public None Discussion None Staff Recommend deem not significant. Motion Motion to Approve as not significant. (GLowacki) seconed Vote Carried Unanimously C. Certificates of Compliance 1. *Colson — 9 Hallowell Lane (30-14,15 & 257) SE48 -2338 Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Approvable without conditions. Motion Motion to Issue. ( Glowacki) Vote Carried Unanimously (I 'a 2. *Zibelli — 8 Long Pond Drive (59 -25) SE48 -581 Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Issue Motion Motion to Issue. ( GLowacki) seconded Vote Carded Unanimously Mm D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. * Goldrich — 41 Crooked Lane (41 -202) SE48 -2484 Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No special conditions. No reasonable alternative, no negative impact to separation Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously Page 6 of 8 Minutes for September 19, 2012, adopted Nov. 14 2. *5 Quaise, LLC — 5 Quaise Pasture Road (26 -21) SE48 -2488 Sitting Braginton- Smith, Bennett, Golding, Glov a ki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion Golding— Would like a condition that preserves certain trees. Staff Included condition in restricting use of fertilizer and irrigation. Last condition Motion requires area behind silt fence to re- vegetate naturally. Hesitant to try to protect Vote specific trees. Motion Motion to Issue. ( Glowacki) seconded Vote Carried 3 -0/ /Golding abstain. (S Mi 3. *Sixteen Monomoy Road N.T. —16 Monomoy Road (54 -52) SE48 -2487 Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Added condition that applicants not use fertilizer or irrigation. Motion Motion to Issue. ( Bragnton- Smith) seconded Vote Carried Unanimously 4. *Miller, Trustee — 66 Quidnet Road (21 -10) SE48 - Sitting Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Did not close but will draft an order. Motion None Vote N/A 5. *BFP Properties, LP —13 Easton Street (42.1.4 -26) SE48 - Sitting Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Did not close but will draft an order. Motion None Vote N/A Page 7 of 8 Mantes for September 19, 2012, adopted Nov. 14 Imsvl 6. *Bosco — 26 West Chester Street (42.4.3 -56) NAN -108 Sitting Stemauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Provide photo and monitoring report for three years. Long -tern net benefit tacked to re- vegetation. Motion Motion to Issue. (Braginton -Smith) seconded Vote Carried Unanimously 7. Discussion of other closed notice of intent public hearings E. Other Business 1. Reports: i. Project Report — Staff, none ii. CPC — Glowacki iii. NP &EDC — Bennett iv. Mosquito Control Committee — Braginton -Smith v. Coastal Management Plan — None vi. Other/Miscellaneous Reports — None 2. Commissioners Comment: Karberg — There are instances where if too many trees are chopped down, it changes the hydrology of the wetland and the vegetation. That is the reason for vegetative buffer zones. 3. Administrator: i. Staff Report — a. 34 North Liberty/2 Franklin Street, wetland vegetation has been spread across the site. Do not have a permit to do the work. Have asked them to appear before ConCom to discuss how to remedy the situation. Motion to Ratify the Enforcement Order. ( Glowacki) seconded Carried Unanimously b. 2 North Beach Street, cleared out a section of a hedge, subsurface utility work and removal of a deck without a permit. Requested a Cease and Desist and request they appear before ConCom on October. Motion to Ratify the Enforcement Order. (Braginton -Smith) seconded Carried 4- 0 / /Glowacki recused ii. Approval of Minutes - None IV. PUBLIC HEARING A. Town of Nantucket — Held for a full board. Motion to Adjourn at 6:11 Submitted by: Terry L. Norton Page 8 of 8