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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 �p`e 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 eekp erg, 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 los:axul 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