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Home My WebLink About2012-11-14Minutes for November 14 2012 adopted Maz 13 2013 �pNTUC,yF; , CONSERVATION COMMISSION 2 Bathing Beach Road y, Nanmcke4 Massachusetts 02554 www nantucket- ma:eov 0 ire Wednesday, November 14, 2012 4:00 P.M. 'A°aRA \E� 2° Floor Training Room, 4 Fairgrounds Road RECEIVED Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice - chair), John Bf #k3n j}*f ith(?4ngif@*axberg, Andrew Bennett, Ian Golding, Michael Glowacki NANTUCKET TOWN CLERK Called to order at 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Minutes Taker Attending Members: Steinauer, Oktay, Kerberg, Braginton -Smith, Bennett, Golding, Glowacki Ian Golding attending by speaker phone 940 CMR 29.10, Section 5 geographic distance: connected at 3:56 p.m. disconnected at 5:28 p.m. Absent Members: None 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. Rowe -137 Wauwmet Road (11 -1 LI) SE48 -2468 (cont to 1/9/2013) 2. Houghton — 15 North Liberty Street (42.3.4 -2) SE48 -2493 Sitting Stemmer, Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Waiting for stamped plan of proposal and no representative is present. Motion Continued without objection to 11/28 Vote N/A 3. *Thompson— lA Crow's Nest Way (12 -23) SE48 -2502 (cont to 11/28) (4:m) 4. North Star Land Co. — 4 North Star Lane (30 -189) SE48 -2507 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Expansion of lawn area 30 feet from vegetated wetlands and addition of split rail fence. Everything to close Motion Motion to Close. (Braginton -Smith) seconded Vote Carried Unanimously Page 1 of 6 Minutes for November 14 2012 adopted Mar. 13 2013 �a w� 5. Blue Shutters, R.T. — 4 Hulbert Ave. (42.1.4 -2) SE48 -2504 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Application to construction of smaller enclose stairway adjacent to wetlands, and removal of existing stairway and/or boardwalk section. Public None Discussion Clarification of application. Staff Everything to close Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried 6 -0 6. *Sunset House LLC — 15 Hallowell Lane (30 -10) SE48 -2508 (coat to 11/28) 0M 7. *Lilly — 55 Hulbert Ave. (29 -12) SE48 -2509 Sitting Steinauer, Oktay, Karberg, Bragimon- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Requesting continuance. Presents project: repair /replace 2 existing timber groins. Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public None Discussion Will have to work around the tides; there will be summer restrictions. This is in proximity to historic plover habitat. Grass walking path is removed from the application. Staff Pending Massachusetts Natural Heritage will prepare an order. Motion Continued without objection for Vote N/A HI. PUBLIC MEETING A. Requests for determination of Applicability i.:1s 1. The Richmond Company — 1 Derrymore Road (41 -135) Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public None Discussion None Staff Resource area verification on lot, upon review of the lot did not find resource areas. Recommend Negative 1 Motion Motion to Issue. ( Oktay) Bmginton -Smith Vote Carried unanimously B. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. Houghton— 15 North Liberty Street (42.3.4 -2) SE48 -2493 (cont to 11/28) Page 2 of 6 Minutes for November 14, 2012, adopted Mar. 13, 2013 ,f n 2. *Lower Pocomo N.T. — 88 Pocomo Road (1542) SE48 -2497 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion No minimum sand addition. In the event of the system getting loose and degrading, should have an escrow. Staff Removal addressed under Condition 21. Motion Motion to Issue. (Bennett) seconded Vote Carried Steinmer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Unanimous 3. *Pocomo Point R.T. — 90 Pocomo Road (1543) SE48 -2500 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion No minimum sand addition. In the event of the system getting loose and degrading, should have an escrow. Staff Removal addressed under Condition 21. Motion Motion to Issue. (Bennett) seconded Vote Carried Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Unanimous ta:u� 4. *North Star Land Co. — 4 North Star Lane (30 -189) SE48 -2507 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No waivers required. Included no fertilizer. Motion Motion to Issue. ( Oktay) seconded Vote Carried 6 -1 Steinauer - aye, Oktay - aye, Karberg - aye, Braginton -Smith - aye, Bennett - aye, Golding - aye, Glowacki - Nay (an) 5. *Blue Shutters, R.T. — 4 Hulbert Ave. (42.1.4 -2) SE48 -2504 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No fertilizer /irrigation. All construction/excavated material to be stored outside set back. Silt fence is required and will be along property line. Motion Motion to Issue as drafted. ( Oktay) seconded Vote Carried 6- 1 /Steinauer - aye, Oktay - aye, Braginton -Smith - aye, Bennett - nay, Golding - aye, Glowacki - aye Page 3 of 6 Minutes for November 14, 2012, adopted Mar. 13, 201 K.) 6. *Thirty -Nine Hulbert LLC — 39 Hulbert Ave. (29 -19) SE48 -2503 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Under net benefit with removal of structural material. Work to be done by hand. Motion Motion to Issue. (Bennett) seconded Vote Carried Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Unanimous 7. *Jebel, LLC — 41 Hulbert Ave. (29 -18) SE48 -2505 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No waivers required. Identical to 39 Hulbert application. Motion Motion to Issue as drafted. (Bennett) seconded Vote Carried Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Unanimous 8. *Four Saratoga -14 Tennessee Ave. (60.1.2 -6) SE48 -2506 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — No dewatering. Public None Discussion None Staff Exception 20 excavation/construction material stored outside resource area. Motion Motion to Issue as drafted. (Bennett) seconded Vote Carried Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Unanimous Page 4 of 6 Negative Order: Include alternative analysis such as moving structures. Add finding that this is a coastal engineering structure. Last paragraph should address commission finds reasonable alternatives exist. There are other things can be done to protect property and prevent structures submitting to erosion. Discussion on motion: Mr. Glowacki reiterates his objection to have the staff do both a permissive and negative order. Dr. Oktay expressed concern that she felt she did not have sufficient information to make an informed decision to close this project. Mr. Steinauer stated this was one of the best erosion mitigation projects to come before the commission in a long time. However, retreat is a very realistic alternative in this case. Staff Positive order: drafted a waiver or can declare it is water dependent. All work is within the resource area does constitute water - dependent use by ConCom definition; however, Commission also has the ability to grant waivers for some of the components, such as: sacrificial sand and upper -bank plantings and knotweed monitoring. Negative order: Will add under "no conditions can be set ", given information of historical site conditions, reasonable alternatives, and current site conditions. Waivers would also tie into this. Motion Motion to Issue the permissive order. (Bennett) seconded Vote Carried 5 -2 Steinauer - nay, Oktay -nay, Karberg - aye, Braginton -Smith - aye, Bennett - aye, Golding - aye, Glowacki - aye Page 5 of 6 Minutes for November 14 2012 adopted Mar . 13 2013 14331 9. •CMDM, LLC — 93 and 99 Eel Point Road (30 -9 &10) SE48 -2479 Sitting Steinauer, Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Positive Order: Age of buildings was qualified to meet pre -1978 protection standard. End points of system included. Condition Number 16, detailed survey plan is more than asked for in typical reports; question criteria of sustained winds in excess of 60 MPH for more than 6 hours but lower winds for longer could be equally to more detrimental; lack clear definition for a storm event. Condition Number 17, report on amount of sand, anytime there is a sand- delivery event, a report should be required. Condition Number 22, what is structural on this project should include bags and fence; should clearly define that "all project materials" are to be removed. Establishment of an escrow for removal included. Failure criteria seemed vague as of October 31 meeting; include that commission has ability to establish at what point adverse impact causes failure; discussion. Number 19, identification of material, core bags need to be included. There are steps the applicant most meet as the project progresses in regards to its status; so this will always be under Conservation Commission scrutiny. Each item should be addressed in quarterly reports per Condition Number 16. Add a definition of the components/assemblage of materials as a structure. Condition Number 28, vegetative surveys to be submitted. Negative Order: Include alternative analysis such as moving structures. Add finding that this is a coastal engineering structure. Last paragraph should address commission finds reasonable alternatives exist. There are other things can be done to protect property and prevent structures submitting to erosion. Discussion on motion: Mr. Glowacki reiterates his objection to have the staff do both a permissive and negative order. Dr. Oktay expressed concern that she felt she did not have sufficient information to make an informed decision to close this project. Mr. Steinauer stated this was one of the best erosion mitigation projects to come before the commission in a long time. However, retreat is a very realistic alternative in this case. Staff Positive order: drafted a waiver or can declare it is water dependent. All work is within the resource area does constitute water - dependent use by ConCom definition; however, Commission also has the ability to grant waivers for some of the components, such as: sacrificial sand and upper -bank plantings and knotweed monitoring. Negative order: Will add under "no conditions can be set ", given information of historical site conditions, reasonable alternatives, and current site conditions. Waivers would also tie into this. Motion Motion to Issue the permissive order. (Bennett) seconded Vote Carried 5 -2 Steinauer - nay, Oktay -nay, Karberg - aye, Braginton -Smith - aye, Bennett - aye, Golding - aye, Glowacki - aye Page 5 of 6 Minutes for November 14. 2012, adopted Mar. 13, 2013 (' m 10. Discussion of other closed notice of intent public hearings - Lilly — 55 Hulbert Ave. (29 -12) SE48 -2509 Sitting Steinauer, Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Discussion Work to be done at the appropriate time of year, appropriate access. Staff Though it was continued, will draft a positive order. C. Other Business 1. Reports: i. Project Reports: ii. CPC: Glowacki iii. NP &EDC: Steinauer — Hearing scheduled for November 15 on off -shore wind turbines. iv. Mosquito Control Committee: Braginton -Smith v. Coastal Management Plan: Oktay vi. Other/Miscellaneous Reports 2. Commissioners Comment: a.Bennett — Fender project on Hinkley Lane has plywood up and assuming will be filling behind that. Staff— Plywood has been removed. b.Golding — Sand -drift fencing on Rhode Island Avenue. Staff— Tucking down to whom the stuff belongs. c.Oktay — On beach near Field Station, there is green, plastic shredded material buried in the sand. Staff— Will look at that. d.Steinauer — Hummock Pond Bike Path replication area. Staff — They started putting in species not on their planting plan. Working to have that removed and replaced with what was approved; also working with them on Leland Cyprus that was not approved. 3. Administrator a. Staff Report — Approximately 40,000 bushels of stranded scallop seeds, still many stranded. b. Enforcement - 47 West Chester Street enforcement 4. Approval of Minutes: May 23, 2012 June 6, 2012 June 20, 2012 Motion to Approve minutes for May 23 through June 20, 2012. ( Oktay) seconded Carried 6- 0/Glowacki abstain July 11, 2012 Not approved at this time. July 25, 2012 August 8, 2012 August 22, 2012 September 5, 2012 September 19, 2012 October 3, 2012 October 4, 2012 October 17, 2012 October 31, 2012 Motion to Approve minutes from July 25 through October 31, 2012. ( Oktay) seconded Carried Unanimously Motion to Adjourn at 5:28 p.m. Submitted by: Terry L. Norton Page 6 of 6