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
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CONSERVATION COMMISSION
2. Poster —13
2 Bathing Beach Road
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Nantucket, Massachusetts 02554
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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