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HomeMy WebLinkAbout2012-9-5Minutes for September 5, 2012, adopted Nov. 14 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice - chair), John Braginton- Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki z o � N 4:00 P.M. on the 2nd Floor of the Public Safety Facility 4 Fairgrous Ite d All or a portion of this meeting is being recorded n n t Zf you plan to record this meeting yourself, please check with the chairman of the Par Fbef to begin Called to order at 4:01 p.m. y f .3 rn C2 Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norton, Minuti s TaJw Attending Members: Steinauer, Oktay, Kerberg, Bennett, Golding, Glowacki N Absent Members: Braginton -Smith rn Agenda adopted by unanimous consent *Mattec has act been heard I. PUBLIC MEETING A. Public Comment — Carlson: For contractors, filing fees in regards to secondary dwellings and cottages, the Department of Environmental Protection has changed it from a Category 1 filing fee to a Category 2. II. PUBLIC HEARING A. Notice of Intent 1. Poster — 13 C Street (60.1.2 -76) SE48 -2472 (cont to 9/19) t.ao 2. *Town of Nantucket — Downtown Roads (Phase IIB) SE48 -2481 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Matt Murphy — Utility replacement project of aging sewer and water lines in downtown resource areas. Review of work areas included in the flood plain. Work will be done within existing trenches on the paved roads; minimal impact to downstream resource areas. Stockpiles of materials will be outside of the resource areas. There is a portion of storm water work proposed along Broad Street to mitigate puddling after rain. Implementing a system for water taken out of trenches to be filtered before return to ground. Kara Buzanoski, Department of Public Works Director Public None Discussion Golding question — hydrologic map shows a sharp delineation between two types of soils; what is the difference in terms of percolation. Murphy answer — Not a definitive line: soil A has better percolation and soil B is in the middle ground. Karberg question — The Temporary Erosion Control Plan. Murphy answer — In terms of stabilizing when soil might become exposed, will lay seed to stabilize in the event of rain. Oktay question — Storm Grade upgrades is there capacity? Murphy answer — Broad street is already being captured and inlets will be supplemental to those. Page 1 of 13 i Minutes for September 5, 2U12, adopted Nov. 14 (419) Discussion Oktay — Two things that occurred with IIA was that if there was a large rain event, continued the trenches were not capped off that allowed run off. Staff The start work form includes the contractor and contact information so ConCom and follow up on timing; staff will be very involved. Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 0n) 3. *Esther's Island Retreat, LLC — New York Avenue (61.1.1 -36) SE48 -2483 Sitting Oktay (acting), Karberg, Bennett, Golding, Glowacki Recused Steinauer Documentation Supporting documents and plans. Representative Rob Meyers, South Mountain Company — Installation of new solar may and a 77- square -foot shed adjacent to the existing shed to house batteries and a 90 -foot trench 18 inches deep. Is within barrier beach and coastal bank. To be installed this Fall. Public Ernie Steinauer, Massachusetts Audubon — When the channel existed and was eroding into the island, it showed there was glacier till underneath. There are critically endangered species in the area. Is the old may impacting vegetation under the array? Carlson answer — It has grown back in very healthily and all the way underneath the arrays. Question — Shed and batteries, what kind of batteries are being used and the likelihood they fail and leak. Murphy answer — Go within a container that localizes and failure into the shed. The batteries are Roles Batteries. Discussion Bennett — The sonotubes for the panel most be set deep into the sand, and so must dig a 6 -foot deep hole; concerned about collapsing of the holes and reducing disturbance. Oktay — As far as the equipment, where will it be staged? Answer — only equipment has to do with the trench, perhaps a hand -held auger. Can ask to come back with a plan or can close with request for a pre - construction protocol on file. Staff Do have a waiver request that did not make it into the packet. MDEP had no comments or concerns in regards to the change. The barrier beach is heavily vegetated and experience shows a certain thickness is bound up before hitting free sand. Proposal is similar to what was previously approved; there was not a lot on how the holes were handled. Smith's Point is still closed to vehicular traffic. Work restriction date will be restricted between April 1 and August 1; but plan to have this completed this Fall. Motion Motion to Close. (Golding) seconded Vote Carried Unanimously Page 2 of 13 Minutes for tlepteinber 5, 21) 12, adopted Nov. 14 (a 41) 4. *Nantucket Conservation Foundation — Madequecham Valley Area (77- 2,ete) SE48 -2482 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Karen Beattie, Manager of the Department of Science and Stewardship NCF — Removal ofphragmires australis along south shore in three locations between airport and Tom Nevers. Also have permission to remove phragmites on Airport Commission property. All populations are within the wetlands and so are requesting Public waivers. Primary herbicide to be used is Rodeo® clip and drip; also would like Discussion flexibility to use Renovate®. Will likely occur over multiple years with long -term Staff follow up. Populations have been there about 20 years. Though it is a Harrier habitat, Motion there are no nests in the areas to be worked; the timing is late August and September Vote and outside of the nesting season. Public Bruce Perry, Nantucket Islands Land Bank — Renovate® is used with a back -pack Sitting sprayer with best effectiveness in late fall at a concentration of 25 percent. Rodeo® clip and drip use 5 percent. Bruce Perry, Third -party Consultant Conservation Commission — Suggest a pre -work meeting with the person doing the work. Discussion None Staff Will build the pre -work meeting on protocols into the order of conditions. Have everything we need to close. Motion Motion to Close. ( Oktay) seconded Vote Carried Unanimously esa 5. *Miller, Trustee — 33 Sheep Pond Road (63 -37) SE48 -2486 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Follow -up application to Enforcement Order. Will removed beach stairs and structures; area will be graded to match existing and seeded with Cape Cod grass. Work is within the buffer zone. Bill Hunter, Vaughan, Dale and Hunter and Beaudette, P.C. Public None Discussion None Staff The owner's intention is to get out w quickly as possible. Have everything to close Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously (5 W) 6. *Goldrich — 41 Crooked Lane (41 -202) SE48 -2484 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — For development of addition to house on residential property which is outside the 50 -foot buffer. Asking for a waiver on the ground water separation. Public None Discussion None Staff Verified buffer lines; over years the wetlands border has moved. Have everything to close. Motion Motion to Close. (Glowacki) seconded Vote Carried Unanimously Page 3 of 13 Mmutes for September 5, 2U12, adopted Nov. 14 oao 7. *5 Quaise, LLC — 5 Quaise Pasture Road (26 -21) SE48- Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — The existing house that is redesigned so are asking for 3000 - square -foot envelope in a new configuration. It is being replaced with a dwelling; there will also be a pool, shed and garage outside outside the 50 -foot setback. No ground water issues. The only change in the drive is buffer zone and septic outside buffer zone and building a secondary dwelling, which to shift the end toward the house. is inside the buffer zone. All work proposed is outside 25 feet butter to coastal bank. Request continuance. There will be silt fence on the 25 line. Areas cut in front of the house in the wetland None will be allowed to grow back. Asked for a waiver for putting the structure within two Nothing further feet of water table. No dewatering is proposed or permanent drainage. Pool will be Essentially the applicant is asking for construction of a tad dwelling out the 50 -foot non - chlorinated and is outside 50 feet. The driveway is proposed to be widened to buffer but inside 100 -foot buffer and to move the existing shed outside 50 -foot facilitate moving the house of the property. Have no intention of doing anything to setback. Will draft an order of conditions. improve the path at this time; though that might come up in the future. Continued to 9/19 without objection. Request continuance. Public None Discussion Oktay — Widening the driveway will be a Massachusetts Natural Heritage concern. Steimmer — It appears the cut areas were pruned and need to make sure that vista pruning is not permitted. Staff Could do another viewing since this will have to be continued. The orders will include the resource areas. Motion Continued to 9/19 without objection Vote N/A 8. *Sixteen Monomoy Road N.T. — 16 Monomoy Road (54 -52) SE48-_ Sitting Steinaueq Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Nathan McMullen — Had an original building envelope; now the building is redesigned so are asking for 3000 - square -foot envelope in a new configuration. It is outside the 50 -foot setback. No ground water issues. The only change in the drive is to shift the end toward the house. Request continuance. Public None Discussion Nothing further Staff Essentially the applicant is asking for construction of a tad dwelling out the 50 -foot buffer but inside 100 -foot buffer and to move the existing shed outside 50 -foot setback. Will draft an order of conditions. Motion Continued to 9/19 without objection. Vote N/A Page 4 of 13 Minutes for September 5, 2012, adopted Nov. 14 9. *Woodbury Lane Association— Woodbury Lane (42.3.4 -156) SE48 -2485 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — In 1983 it was a detention area for runoff. There is a berm to hold water back and a drain into the Lily Pond. A pipe exists that is completely buried and the ground has risen up one foot. Also a wetland replication area that has about 18000 square feet of phragmites to be removed this Fall. Plan to use a clip and drip cutting down the stems. Next spring cut all off at ground level to reduce amount of grow back and retreat next fall with Rodeo®. Will re-seed with a wetland seed mix; and plant native shrubs in the second growing area. Will preserve existing shrubs. It is not within a Massachusetts Natural Heritage priority area Would like an on -going condition that allows continued treatment. Public Bruce Perry, Third -party Consultant Conservation Commission — Canary grass is very thick and deep; it would have to be cut and cuttings removed then allow to grow back and then treated with spray. Should hold off on re- seeding to allow time to deal with the canary grass; it will overtake the area. Also, rather than bagging the stems, allow chipping of the stems to before going to the Landfill. Discussion Golding — Don't know what exists in terms of invertebrates and insects. Karberg — Studies indicate an increase in diversity of invertebrates and insects with the removal of phragmites. Digging up the plants does more damage to the resource area than the herbicide. Steinauer — There is a difference: Round Up is a glycol sate and Rodeo. Rodeo is water base. The LD50s would have to be dumped in truck loads to affect the insect larvae. Karberg — Canary grass is a very invasive species and is in this area; with the removal of the phragmites, it could spread and become an issue in itself Steinauer — In treatment of canary grass, have cut it with a weed whacker the sprayed. Wonder if it would be better not to re-seed to observe what grows in on its own. Staff Do not know the quantity of the canary grass and would be leery about allowing work down without a study and plan of treatment; could amend this Notice of Intent (NOI) or issue another NOI. Have everything need to close Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 10. * 13 Monomoy LLC — 7 Hinckley Lane (30- 170.1) NAN -106 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Reclamation area long Cliff Road bike path at Hinckley Lane. Construct a pervious driveway at eastern most end of the property within the 50 -foot buffer. Will grade to even out, and put in a silt fence at 35 feet from wetlands. Brush cutting and landscaping is requested up to the silt fence. A water line from Cliff Road will along eastern end within the buffer zone. All else is outside 100 -foot buffer. Public None Discussion None Staff Filing only under the local by -law. Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously Page 5 of 13 Mmutes for September 5, 2012, adopted Nov. 14 CMDM, LLC — 93 and 99 Eel Point Road (30 -9 &10) SE48 -2479 (cont to 9/19) ('n) 11. Sconset Beach Preservation Fund — Baxter Road (48 -8) SE48 -2474 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Barry Fogel, Keegan Werlin LLP -- Review of responses to letters and comments. Don't want to close without all 7 commissioners; Bmginton -Smith is absent today and Oktay will be absent on September 19. Want to start work this Fall; to that end, presents a couple of options to get a decision in time while allowing all commissioners a chance to hear everything presented. Will not close tonight but this has to start tying up. Many of the questions asked tonight are answered in the NOI and ConCom has enough information to set criteria and conditions. Would like to see the hearing closed on September 19 with no new information presented and the deliberation at the following meeting. Les Smith, Environmental Scientist Epsilon Associates hac. — PowerPoimQ presentation: Compliance with State regulations, Performance Standards 310 CMR 10.30, Coastal Beach Resource Area 310 CMR 10.27, Land Subject to Coastal Stoma Flowage 310 CMR 10.28, Nantucket Coastal Banks Section 2.05 B, Coastal Bank Retreat rate 2003 — 2010 4.96 feet per year, Bank Volume Loss 13.3 cubic yards (C1) per year. Beach shoreline and volume change, Near Shore Zone volume change, Sediment Grain Size and Sediment Template Volume from Reis and Holdgate pits, Sediment Replenishment Protocol, Water Dependent Projects and Uses, Nantucket Coastal Beaches Section 2.02 B Section 2.01 B performance standards, Nantucket Land Subject o Coastal Storm Flowage Section 1.02 Section 2.10 B performance standards, Waiver Request Sections 2.02 B(2) Section 2.02 B(6) and Section 2.05 B(5), Justification and Summary of compliance. Brian Jones, Regional Director Ocean and Coastal Consultants Jamie Feeley, Cottage and Castle Pete Kaizer Commission Golding — Under Bank Contribution Sediment Template Volume, confused about questions on bank material differences and why the over fill factor under Beach & Nearshore presentation Contribution differ. Oktay — Sediment Replenishment Protocol. Fogel — Supplying to bank and beach with compatible sand. If there were a series of storms that lost in excess of 75 %, would start replenishment by feeding sand to the system as if it were eroding the bank. Oktay — In this case, if it only eroded down five feet, would only replenish 5 feet since this is a combination of beach and bank. Over 20 years the two systems have provided 20 to 25 feet, with the bank at 13 feet more than the beach. Fogel — The chance is very remote that it could get down to zero. Over time, on average, the replenishment will not short-change the system. There is still an area of beach and nearshore that is not armored and is eroding. This will supply sand to the eroded nearshore. Golding — How will the 75 percent be measured and why not 50 percent? Fogel — Feeley and Kaizer will be watching the project and ascertain the erosion and supplying ConCom staff with a monthly report. 75 percent is because getting new to the point the template is substantially gone. Feeley — Will ensure that all the mattresses are covered, would ensure the template removes a good working surface. Truckloads of sand will be reported to staff. Page 6 of 13 Mmutes for September 5, 2(112, adopted Nov. 14 0A Further Steinauer — Could come up with a plan that looks at a longer -term average; but still commission want the full volume out there. If you get ahead of or behind the mean average of the questions erosion something needs to be done. Steinauer — To protect the downward beaches, the area is giving up sand and this project also needs to give up that average amount of sand. Fogel — If over a four -year period the erosion rate varies drastically, don't see why we should put something into a system when nature didn't require it? Steinauer — Could have that 100 -year storm the next year that takes 100 percent, how do you make up for that. Glowacki — Would suggest this discussion is getting beyond what is being presented and into orders of condition. Another point is other commissioners might have other view points. Would like to know what is used for averaging? Fogel — Would rather answer questions now than come up during deliberation when we can't speak. In answer to the questions: the little storms are covered. This project is designed to address the 100 - year - storm: this is a demonstration pilot to stabilize the bank to prevent further retreat and supply sand. We will be doing profile in the event of storms. If we learn that 20 CY is gone and there was a short fall of 40 CY, two things will have happened: either the high tide line has moved and we've reached one of our failure criteria or after the 20 CY were gone the mattresses took a gigantic pounding and the unanchored ones did not hold up. That is part of what we will learn, and we will be back in front of ConCom explaining what happened. We think we have addressed the performance standard as best we can so that it justifies approval to demonstrate that. We will have information monthly, quarterly and annually to present to ConCom. Used 1994 to 2011 to reach the 20CY figure for nearshore, and 2003 to 2010 for 5 feet per year retreat of the coastal bank. Oktay — From 2003 to 2010 it is easy to go back and see what the storm events were. That includes the Patriot Day Storm, which is considered somewhere between the 5 and 10 year storm. We try to ask as many questions as we can think of to satisfy our requirements for information we need to make an informed decision; so we are not trying to pre - deliberate. Golding — Understand the protection will provide adequate sediment. Karberg — A component of supplying adequate sediment is we are changing how the coastal bank will not be able to contribute to the system. Fogel — The performance standards require supplying beach compatible. If commission wants to include the 1.7 CY of fine, we will do that. Have not studied how that changes the erosion rate, but it would still get into the system. Feeley — There are stockpiles all over the island but it would not come from the pits. Steinauer — One concern is the land under the ocean and the fine settles there. It is not unimportant. Oktay — Failure criteria. Fogel — That was on slide 8 of the program from 2 weeks ago; it is not in this presentation. Oktay — Have not addressed the failure criteria. Steinauer— Want to get today's presentation out of the way. Public John Ramsey, Applied Coastal Engineering — It is my experience that when there is questions on a bank requirement, the nourishment qualification is taken from the bank. The normal presentation requirement would be 13.3 CY per year. Also the monitoring of storms and 75 percent is all new and the monthly visible survey seems cumbersome. Lastly, annual average erosion rate of 5 feet per year needs to be considered. There is a lot of variability, but the applicant has done a good long term study to provide the information the commission would need to see. Page 7 of 13 Minutes for September 5, 2012, adopted Nov. 14 awe? Wwr:10 Commission Fogel — All the information was included in the NOI. Response to Ramsey's comments comments. The 5 -feet per year pertains to the bank. The CMDR is for the bank. This is the only project that includes the beach and nearshore. Karberg — About the mattresses, the anchored versus unanchored. What are the steps to anchor the unanchored mattresses in the event of a failure? Fogel — One of the failure criteria is that if movement is 6 inches or more. Jones— My first recommendation is that these be anchored; it will not be stable enough if the mattresses are not anchored. Fogel — It is under item 23 of the submitted performance criteria Golding — Reads Item 23, it is different than the PowerPoint©. Fogel — The PowerPoint® is before construction. Jones — Testing has demonstrated that the geogrid is a very robust material. Karberg — The voids in the mattresses are filled quickly with sand and change the ability to reflect wave action. Curious about experience. Jones — The sand quickly will wash out of the voids. Golding — According to an Applied Coastal comment 2 about the void ratio, the bank looks solid and don't see 40 percent of air pockets. Fogel — Permeability is deceiving. Would not argue with Applied Coastal's findings. Bennett — Failure criteria, you never consider the bags will fail. At what point is the bag considered to have failed? Fogel — It will be a very raze event that these are exposed. In that case, it is repaired and recovered with sand. It could be set in the order of conditions. Kaizer — My position in this whole thing is to be on site for any major event. If they do start coming apart, I will let ConCom know. Do not want to see this stuff get into the habitats. Fogel — The sand failure will occur before the mattress failures occur. Oktay — Some of the criteria are greater than 30 consecutive days; that is a long time for an open stone revetment allowing end scour damage. How did the 30 -days come to be picked? It is criteria that will never be met. Why not 12 days? Fogel — It takes 12 days to recover; if there is another storm occurs, that lengthens the repair time. Oktay — Believe the failure criteria are not stringent enough. Fogel — 1 & 3 is a failure to supply sand. 2 & 4 are disappearing beach or damage to mattresses and gabions. 12 days is too short. Could set it that with shortened times there is a public hearing with ConCom to decide if failure has occurred. Oktay — If there is damage to end properties, how would that be repaired? Fogel — ConCom has the authority to order us to repair damage caused by the pilot project to other areas. Glowacki — Number 3, needs something more precise and objective. Bennett — Think there should be an end scour failure. Fogel — There is a transect at each return. 90.4 & 90.7 at the returns. Have added two profiles either side of the center. Oktay — The commission needs to think about defining end scour. Steimmer — Since this is pilot project, we need to have very careful monitoring and have some kind of objective criteria for success or failure. Page 8 of 13 Minutes for September 5, 2012, adopted Nov. 14 Commissioners Oktay — Unanchored portions, don't know what that would prove. We are worried comments the anchors would disturb the bank. Hoping that the fact they are surrounded and continued secured by other mattresses they will be stable. The way they are designed, we won't be able to tell if they are destabilized. Also concerned about the toe gabions are dug into the beach and the sheathing. Understand why, but still want to limit the amount of excavation. Fogel — The lowest gabion is at about 8 to 10 feet. The sheathing will go to 15 feet. Steinauer — Had discussion about this being a pilot project and ConCom being able to collect scientific data; as the ones conditioning the project, we are the ones to decide what it means to be a pilot project. That criteria needs to be set and have not seen any description of who will collect the date, what it will be compared to and how it will be evaluated. That needs to be included into this project. The information will help the Town to develop a Coastal Management Plan. Also, Hoicks Hollow access has been widened to allow'Sconset Beach Preservation Fund vehicles onto the beach. A plover chick was killed at that access point. Need a guarantee that there will be a gate to limit the access and something a pick -up truck can't pull out or break. (750) Commissioners Smith — There are models, would we be able to look at them? comments Steinauer — Another beach erosion control project talked about putting up video continued cameras to monitor storm events. Fogel — About the camera, could do that. Public Emily MacKinnon, Nantucket Land Council — Submitted letters from consultants comments and one regarding local regulations and compliance. Feel waivers are necessary. Primary concerns are that unless appropriate amount sediment is applied, there is no way the project will not have an adverse impact. Coastal Banks and protected interest, one left off is the first one and whether or not the fines should be included. Last point, as the commission move forward to deliberation, you want to remind at some point it might want to look at orders of conditions issued for prior project. Ramsey — One thing consistent through the hearings is the need for mandatory mitigation requirement. There should be a minimum requirement typical of what is required by the State on an annual basis. Need a separation between mitigation and maintenance of the project. Mitigation should be for features. The berm is for protection of the project but does not serve the purpose of mitigation. A lot of the inconsistencies are failure to look at the failure criteria, a lot of it is not quantitative. Also need to be sure to look at the toe of the project. Want to touch on: gap issue, statements about wave reflection issue, fines are a critical part and needs a quantitative analysis in regards to the 1 percent, in- effect erosion should be monitored more frequently, OCC stamped plans are great but no indication where the survey came from, recommend not allowing structures north or south and suggest 500 feet. Staff Once a hearing is closed, there is a deadline to issue the order. All the information needs to be available for the 7 sitting commissioners to review; so even though it was part of the previous application, it needs to be included into this application. Nervous about setting a special meeting without Braginton -Smith here. Would like Town Counsel available and want to ensure the hearing is properly posted. Discussion of a special meeting date to be determined in advance of the September 19 meeting. We are not in the business of designing projects. Motion Continued to 9/19 without objection. Vote N/A Page 9 of 13 Minutes for September 5, 2012, adopted Nov. 14 B. Amended Orders of Conditions �e zp 1. *Nantucket County Commissioners — South Cambridge St.(Layout) SE48 -2234 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Roadway None improvements between Long Pond drive and Arkansas Avenue, 350 feet of pavement None and improve drainage conditions but also to minimize wetland alteration. Re- None vegetation for retaining swale: herbaceous seed mix and high bush blueberry and Received a request to continue until September 19 winter berry. The back portion of wetlands will be planted with sweet pepper bush Continued to 9/19 without objection shrub. From Madaket Road paving runs about 410 linear feet before it stops. N/A John Bracken, Bracken Engineering — Subdivision itself will be pervious. Will pave over existing surface and grade for nmoff. Public None Discussion Oktay — Disagree with the Planning Board's decision to pave this road; but they have done the best they can to treat the run off that will be changed by adding this impervious structure. It will be critical to keep the storm water drains clear. Steinauer — What kind of infiltration happens on those dirt roads that are so sandy? Bennett — The surface is soft and the wet lands are filling up with sand just like on Millbrook Road. Staff Have the information to close the hearing and issue an amended order. Motion Motion to Close. (Bennett) seconded — Carried Unanimously Motion to Issue. (Golding) seconded Vote Carried 5- I//Oktay opposed III. PUBLIC MEETING A. Minor Modifications (W:MAT 1. *Great Harbor Yacht Club —Washington St. Ext. SE48 -1665 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Received a request to continue until September 19 Motion Continued to 9/19 without objection Vote N/A B. Certificates of Compliance 01:.M) 1. *Prestandrea— 30 Pilgrim Road (41 -96) SE48 -1916 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Reissue, for construction of addition. Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously Page 10 of 13 Minutes for September 5, 2012, adopted Nov. 14 misra6) 2. *57 Madaket LLC — 57 Madaket Road (41- 201.2) SE48 -2453 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Deck on back of house out of 50 -foot setback. It is in compliance. Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) (m:uaq L * Town of Nantucket — Downtown Roads (Phase IIB) SE48 -2481 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Oktay — Adequate containment areas for treatment water. Staff Condition 19 — Site specific de- watering protocols if needed be provided to commission prior to start of de- watering. Motion Motion to Issue as amended. ( Oktay) seconded Vote Carried Unanimously (01 3056) 2. * Esther's Island Retreat, LLC —New York Avenue (61.1.1 -36) SE48 -2483 Sitting Oktay (acting), Karberg, Bennett, Golding, Glowacki Recused Steinauer Documentation Supporting documents and plans. Representative None Public None Discussion Oktay — Concerns about how excavation will be done. Staff Condition 20 — Does not allow work to take place between April 1 and August 31. If they get permits by October, work will be complete by the end of November. Will add Condition 21 - Require an excavation protocol. Condition 19 — Provide photos of growth under the arrays for two or three years. Motion Motion to Issue as amended. (Golding) seconded Vote Carried Unanimously (on3a.v) 3. * Nantucket Conservation Foundation — Madequecham Valley Area (77- 2,etc) SE48 -2482 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion Steinauer — The labels do not specify a stem life or clip and drip. If using a clip and drip, need a higher concentration since so little is used; should be 25 percent. Staff Condition 22 — All phragmites stems to be treated with a clip and drip no greater than 25 percent Glyphosate water -base solution no greater than 25 percent Triclopyr Renovate 39 or equal." Also have a waiver for work in the coastal dune. Motion Motion to Issue as amended. (Bennett) seconded Vote Carried Unanimously Page 11 of 13 Minutes for September 5, 2012, adopted Nov. 14 (0109'18) 4. * Miller, Trustee-33 Sheep Pond Road (63 -37) SE48 -2486 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Edit change. All materials removed from site have to be disposed of or relocated to an area outside of condition jurisdiction. Added a waiver for work with 25 feet of the coastal bank; but since everything is being removed, placed the waiver under net benefit. Motion Motion to Issue as amended. ( Oktay) seconded Vote Carried Unanimously (ii Hi 9) ' Woodbury Lane Association — Woodbury Lane (42.3.4 -156) SE48 -2485 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Golding — is there going to be a point when we are going to ask someone to provide a cross section of aquatic insect and invertebrate population before and after or is it always going to that we are guessing that it is going to be better? Staff - To do that study on population could be cost prohibitive information to ask for. The best group to approach for this type of study would be Maria Mitchell Association, Andrew McKenna- Foster, Director of Natural Science. Steinauer —Might be able to get someone a grant to do the study. Staff Added same requirement that material needs to be removed and put through the digester. Also limited the herbicide to Rodeo®. Suggest perhaps a Condition 25 — All areas of disturbance be monitored for the introduction of other invasive species. Motion Motion to Issue as amended. ( Glowacki) seconded Vote Carried Unanimously (01 s 10) S. *13 Monomoy LLC — 7 Hinckley Lane (30- 170.1) NAN -106 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Asked for irrigation outside the 25 -foot setback directed away from the 25; have included that in the Order of Conditions. Also noted the no fertilizers were requested. Added a condition that the erosion control barrier on the plan is the limit of disturbance. Motion Motion to Issue as amended. ( Oktay) seconded Vote Carried Unanimously 6. Discussion of other closed notice of intent public hearings Goldrich, 41 Crooked Lane (41 -202) 5E -2484 5 Quaise, LLC & Sixteen Monotony Road N.T. were continued due to lack of MADEP number and 5 Quaise also waiting for Massachusetts Natural Heritage comments. Page 12 of 13 Minutes for September 5, 2U12, adopted Nov. 14 D. Other Business 1. Reports: i. Project Reports — Will be issuing an Enforcement installed waterlines through the wetlands. ii. CPC — Glowacki iii. NP &EDC - None iv. Mosquito Control Committee - None v. Coastal Management Plan - Oktay vi. Other/Miscellaneous Reports - None 2. Commissioners Comment 3. Administrator: i. Staff Report — None ii. Approval of Minutes — None IV. PUBLIC HEARING Order for 2 North Beach Street; they A. Town of Nantucket Wetland Protection Regulation —Held Motion to Adjourn at 9:03 Submitted by: Terry L. Norton Page 13 of 13