HomeMy WebLinkAbout2012-11-28Mmutes for November 28, 2012, adopted Mar. 13, 2013
=NaN, rFr. CONSERVATION COMMISSION
,� ice. 2 Bathing Beach Road
�l. Nantucket, Massachusetts 02554
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www.nantucket-ma.gov
p ` Wednesday, November 28, 2012, 2012 4:00 P.M.
9Pogp5E0 - 2n° Floor Training Room, 4 Fairgrounds Road
Commissioners: Ernie Steinuer (Chair), Sarah Oktay (Vice- chair), john Braginton- Smith p nF r y
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Andrew Bennett, Ian Golding, Michael Glowacki 7013 MR 25 F� 7 24
Called to order at 4:00 p.m. NANTUCKET TN CLERK
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Minutes Taker
Attending Members: Oktay, Kerberg, Braginton- Smith, Bennett, Golding, Glowacki
Absent Members: Steinauer
Agenda adopted by unanimous consent
'Motet has not been heard
I. PUBLIC MEETING
A. Public Comment —None
II. PUBLIC HEARING
A. Notice of
Intent
].Norwood Farm Trust -243 Polpis Road (46 -1) SE48 -2473 (cont. to 12/19)
2. Houghton
— 15 North Liberty Street (42.3.4 -2) SE48 -2493 (cont. to 12/19)
3. *Thompson — IA Crow's Nest Way (12 -23) SE48 -2502 (cont. to 12/19)
(aw)
4. *Sunset House LLC — 15 Hallowell Lane (30 -10) SE48 -2508
Arthur D.
Gasbarro, Blackwell and Associates Inc — Requested this be held to end of NOI
portion of
the agenda to allow Mr. Arthur Reade time to arrive.
(a on
5. Lilly — 55
Hulbert Ave. (29 -12) SE48 -2509
Sitting
Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc — Request continued to 12/19.
Public
None
Discussion
None
Staff
Waiting for Massachusetts Natural Heritage comments.
Motion
Continued without objection.
Vote
N/A
(4n.)
6. *PFLP Realty— 4 Monomoy Road (55 -67) SE48 -2514
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
John Bracken, Bracken Engineering — Proposed walkway falls between 50 -foot &
100 -foot buffer. Request continued to 12/19.
Public
None
Discussion
No waiver is required; all work is outside of the 50 -foot buffer zone.
Staff
Waiting for comments from Massachusetts Natural Heritage so won't be able to
close. Will put together a draft order.
Motion
Continued without objection.
Vote
N/A
Page 1 of 7
Minutes for November 28, 2012, adopted Mar. 13, 2013
0-)
7. *O'Brien—
18 Medouie Creek Road (20 -27) SE48 -2513
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Laura Schofield — Asking for a waiver to put a split rail fence either side of an
easement to confine vehicles to the track; easement runs through 25 -foot buffer.
Request continued to 01/09/2013.
Public
Bruce Perry, Laurentide Environmental, LLC — Had inspected about a year ago.
.
Easement is 9 -feet wide and expect comments on that.
Bill Hunter, Vaughan, Dale and Hunter and Beaudette, P.C., client is user of
easement — Track goes back to 1921 and never has been abused; requesting parallel
split rail fences across pristine area does not make sense. It is presumptuous to think
my client would suddenly start to abuse the easement. The way is wide enough for
construction vehicles, so that should not be an issue. See this as a spite fence.
Discussion
Mr. Bennett felt that it appears that there actually is no reason for wide areas where
vehicles would pass. Question if easement is wide enough for emergency vehicles.
Mr Glowacki stated that the business about the intent and emergency vehicles is
someone else's jurisdiction; this commission's concern is the fence in the buffer
zone. Ms Okmy stated that waivers are based upon long -term net benefit and no
adverse impact and no alternative; applicant must justify waiver request.
Staff
Received a letter discussing the easement that arrived this morning. Waiting for
comments from Mass Heritage. Split -rail fence is not defined as a structure.
Reminded commissioners that this is being Judged on the merits of split rail fence in
a buffer zone.
Motion
Continued without objection.
Vote
N/A
1.M
8. *Hempleman — 61 Hulbert Ave. (29 -10) SE48 -2511
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Request waiver for work to replace existing
grass landscape with rosa mgosa in land subject to coastal flooding and within 25
coastal buffer. Request continued to 12/19.
Public
None
Discussion
None
Staff
Have not received comments from Massachusetts Natural Heritage. Will draft an
order.
Motion
Continued without objection.
Vote
N/A
Page 2 of 7
Minutes for November 28, 2012, adopted Mar. 13, 2013
OFong -Eyman — 34 Codfish Park Road (73.1.3 -53) SE48 -2512
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Request waiver to repair septic system on the
edge of a coastal dune; to be code compliant. Trenches outside 50 -foot buffer; tanks
and processors within 25 -foot buffer.
Public
None
Discussion
Due to erosion, in time this could be overcome by ocean. Several commissioners
feel this is not critical. Should refer to regulatory standards and look at resource
impact. Mr Braginton -Smith questions if the ocean is any less important than other
coastal areas.
Staff
Not subject to Massachusetts Natural Heritage. Policy is this commission does not
allow leeching within 100 feet of resource areas and requires an IA system. Have
everything necessary to close
Motion
Motion to Close. ( Braginton- Smith) seconded
Vote
Carried Unanimously
(4 42)
10. •Sydness —
4 Salt Marsh Road (55 -295) SE48- 2510
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Mark Rits, Site Design Engineering — Request waiver to expand existing decking
around pool and residence and split -rail fence within 50 -foot buffer of coastal bank.
Bank is vegetated and stable. Vegetation will not be cut; so deck posts will be
screened. Request continued to 12/19.
David M. Haines, Haines Hydrogeologic Consulting
Public
R.C. Taylor, 2 Monomoy Road — Presently well protected; concerned about
esthetics.
Discussion
Concern about removal of a couple of mature cedar trees.
Staff
Have not received comments from Massachusetts Natural Heritage.
Motion
Continued without objection.
Vote
N/A
Page 3 of 7
Minutes for November 28, 2012, adopted Mar. 13, 2013
11. Sunset House LLC — 15 Hallowell Lane (30 -10) SE48 -2508
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans. Photos of flooding events.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc — Redevelop and improve
property: to replace structure on new foundation 6 feet farther away from resource
areas, addition, new structure, generator, SeptiTech® system, re-grading and
hardscapingflandscaping. Request waivers for work within the 25 -foot buffer as well
as structural area within the 50 -foot buffer. De- watering for the house would not be
necessary, but some will be required for construction of secondary structure.
Arthur Reade, Reade Gullicksen Harney & Gifford LLP — Stated that the driveway
will be shifted to the south to keep it from encroaching on the neighbor's property.
Suggested the engineers for the client and neighbor go over the technical issues to
work out a common ground. Requested continued to 12/19.
Public
Bruce Perry, Lamentide Environmental, LLC — After having performed a lengthy
field inspection, submitted a letter with a number of comments and concerns and
wanted to ensure those questions were received and answered. A retaining wall was
built to keep sand from the dune blowing up against the house; part of the process
should probably be addressed by placing the structure on pilings to allow sand to
blow under. Suggested the commissioners pay attention to the type of vegetation
proposed to ensure more low- maintenance, native vegetation is used.
Sarah Alger, Sarah F. Alger P.C., for Kim Peters, 13 Hallowell Lane — Encouraged
the committee to look at the Laurentide Environmental, LLC field inspection report
which addresses some of Mr. Peters' concerns. Need to work out concerns of affect
construction would have on the wetlands.
Paul Santos, Nantucket Surveyors, for Kim Peters, 13 Hallowell Lane — Described
flooding issues in regards to 15 Hallowell Lane. Presented photos of flooding from
Hurricane Sandy and the Northeaster of early November. Explained how flooding
would be aggravated by fill brought in to raise the structure.
Emily MacKinnon, Nantucket Land Council — Share many concerns already stated.
There is the potential for another type of foundation. Performance standards in the
application speak only to maintenance and repair of existing structures; need
performance standards that speak to the movement of sand. The commission should
consider soil make up for the leech field and ensure there is room for that and a
second structure. Concern about siltation into the wetlands despite the fence.
Discussion
Installing storm drainage is a very large project in proximity to the wetlands;
representative explains installation and mitigation process. Vegetation between the
25- and 0 -foot buffers would be more effective and attractive. Concern about change
to the water flow into the wetlands. Mr. Golding stated that it seems none of this
would be necessary if the secondary structure were eliminated; Ms Oktay requested
the representative provide soil data analysis. Questions of construction affect on
wetlands will need to be included under performance standards. Discussion about
why the wetlands are flooding.
Staff
Administratively, want to ensure this land does not qualify as inland subject to
flooding; that Resource Area 303 is rarely seen, but requires only an area of 1000
square feet to be flooded from an average rainfall that holds standing water. Will
ensure commissioners get Mr. Perry's letter.
Motion
Continued without objection.
Vote
N/A
Page 4 of 7
Minutes for November 28, 2012, adopted Mar. 13, 2013
B. Amended Orders of Conditions
an
1. *Thornburg
— 273 &281 Hummock Pond Road (83 -3,41 &42.2) SE48 -2423
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Mark Rits, Site Design Engineering — A natural time was erased during Hurricane
Sandy and following Northeaster. Propose to rebuild a nourished dune and extend
sand -drift fence.
Public
None
Discussion
None
Staff
Have everything necessary to close.
Motion
Motion to Close. (Bennett) Seconded. // Motion to Issue amended order.
(Braginton -Smith) seconded.
Vote
Carried Unanimously / /Carried Unanimously
1.ms1
2. *Great Harbor Yacht Club (GHYC) — Washington Street Extension (SE48 -1665)
Sitting
Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Mark Rits, Site Design Engineering — GHYC is allowed to install an underground
12,000 gallon fuel storage tank as required by Chapter 91 License. Instead of 12,000
gallons below ground, wish to install a 2- chamber 1000 gallon above ground in the
same location. The tank will be double -walled steel inside a concrete vault and will
make it easier to detect issues. Tank will be screened by a 6 -foot cedar fence and
possibly backed by chain link on interior if required for security. Outside 25 -foot
buffer. Location is chosen due to fire safety issues and other restrictions.
Stephen Creese, General Manager GHYC — This is a seasonal operation and don't
have that great a demand for fuel. Request continued to 12/19.
Public
Rich Pykosz, Grey Lady Marine — Serious safety issues of having it set back 24 feet
from the bulkhead on a way only 25 feet wide; affect on maneuverability of the
travel lift without driving over the bulkhead, which is wood and could collapse.
Suggest the smaller tank be in- ground.
Discussion
Discussion about location of a previous above -ground tank and why the applicant is
not using that location. Discussion about going from 12,000 to only 1,000 gallons
fuel tank. Discussion about alternate location. Oktay stated her belief that if the tank
were hit and broken open and started leaking into the resource area, that becomes a
Coni issue. Glowacki does not agree. Golding believes underground would be a
better option.
Staff
Still valid due to Permit Extension Act.
Motion
Continued without objection.
Vote
N/A
Page 5 of 7
Minutes for November 28, 2012, adopted Mar. 13, 2013
III. PUBLIC MEETING
A. Requests for Determination of Applicability
(D3:2130�
1. *Glidden —
55 North Beach Street (29 -91)
Sitting
Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates htc — No work proposed boarding
None
vegetative wetlands boundary; would like to establish the boundary.
Public
None
Discussion
None
Staff
Received a positive recommendation from Laurentide Environmental, LLC and
Motion to Issue. (Bennett) seconded
recommend issue a Positive 2A verifying the land subject to coastal storm flowage
Carried Unanimously
in the buffer zone.
Motion
Motion to Issue. ( Glowacki) seconded.
Vote
Carried Unanimously
(032603)
2. *Oak Hill
Investments — 9 Powderhouse & 34 N.Liberty St. (41 -268 & 269)
Sitting
Oktay, Karberg, Bmginton- Smitb, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc. — Level of disturbance
made analysis difficult; have discussed ways to firmly establish the wetlands
boundary. Requested continued to 12/19.
Public
Robert Silvia, 38 N. Liberty St — Read written comment submitted to the
commission.
Jennifer Pask, 1 Franklin Street — The entire property will be opened.
Discussion
None
Staff
This RDA was initiated from an enforcement action. There appears to be a
constraining layer of clay beneath the soil. The applicant will have to determine
what that will do as far as the 18 inches from the top to the bottom. There is a blend
of wetland plants and upland plants. Original hydrology, anecdotal stories and
photos show areas of interest and set a ground water layer for the true water table
with this confining layer on top. Steps are being taken to gather all the information
necessary.
Motion
Continued without objection.
Vote
N/A
B. Certificates of Compliance
(.:..0)
1. *Hollis —
5 Roberts Lane (56 -38) SE48 -2298
Sitting
Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
For construction of an addition on an existing structure just inside the 100 -foot
buffer and well outside the 50 -foot buffer. Recommend issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
Page 6 of 7
Minutes for November 28, 2012, adopted Mar. 13, 2013
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2. *Stavnes —
258 Polpis Road (25 -25.1) SE48 -2359
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
Karberg,
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc.
Public
None
Discussion
Question how it occurred; speculate the builder followed the grade instead of the 50-
Staff
foot buffer requirement. Oktay does not believe it is a big deal.
Staff
For construction of single - family dwelling, driveway and hard/landscaping. One
Vote
issue has come up; all is in compliance except that the retaining wall in back yard,
which was approved along the edge of the 50 -foot setback, turned and crossed the
50 -foot setback. Question is should it be brought into compliance or issue under
substantial compliance or require application for an amended permit for the wall as
constructed.
Motion
Motion to Issue as in substantial compliance. ( Glowacki) seconded
Vote
Carried 5 -0
3. *Stavnes —
258 Polpis Road (25 -25.1) SE48 -2372
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
Karberg,
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc.
Public
None
Discussion
None
Staff
For the elevated walk way to the harbor. Recommend issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried 5 -0
C. 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 12/19)
2. *Lilly— 55 Hulbert Ave. (29 -12) SE48 -2509 (cont. to 12/19)
3. Discussion of other closed notice of intent public hearings — closed Fong -Eyman
D. Other Business
1. Reports:
i. CPC — Glowacki
ii. NP &EDC— Bennett
iii. Mosquito Control Committee — Braginton -Smith
iv. Coastal Management Plan — Oktay
v. Other/Miscellaneous Reports, Harbor Plan — Oktay
2. Commissioners Comment — Call in system worked well during the last meeting.
3. Administrator:
a. Staff Report — Have not notified re -write of regulations.
b.Enforcement — End of Hawthorne Lane, unpermitted brush cutting in the wetlands.
Environmental police and MADEP are involved. Mark Rits, Site Design Engineering — There
is a narrow mowed path with fence along the boundary dating back 20 or 30 years. Current
landscaper went in with a large tractor and over -did the brush cutting. Will return with some
vehicle to deal with this to allow things to go back to the way they were. Motion to Ratify
Enforcement Order. (Braginton- Smith) seconded Carried Unanimously
4. Approval of Minutes
Motion to Adjourn at 7:55 p.m.
Submitted by:
Terry L. Norton
Page 7