HomeMy WebLinkAbout2012-12-19Mantles tot December 19, 2012, adopted Mar. 13, 2013
Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smit?QPnfi,* f9belPjtl 7 24
Andrew Bennett, Ian Golding, Michael Glowacki
Wednesday, December 19,2012 NANIOCKET TOWN CLERK
4:00 P.M. on the 2otl Floor of the Public Safety Facility 4 Fairgrounds Road
Called to order at 4:00 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator, Terry Norton, Minutes Taker
Attending Members: Oktay (chair), Bennett (vice chair), Karberg, Braginton- Smith, Golding, Glowacki
Absent Members: Steinauer
Early departure: Glowacki 6:12 p.m.
Agenda adopted by unanimous consent
*Matter has not been heard
I. Establishment of interim chair and interim vice chair during absence of E. Steinauer.
Acceptance of Oktay as Interne Chair and Bennett for Interim Vice Chair no objection
II. PUBLIC MEETING
A. Public Comment —None
III. PUBLIC HEARING
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2 Bathing Beach Road
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Nantucket, Massachusetts 02554
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www.nantucket- ma.gov
Recused
Wednesday, December 19, 2012 4:00 P.M.
9pOg0.iE�
2' Floor Training Room, 4 Fairgrounds Road RECEIVED
Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smit?QPnfi,* f9belPjtl 7 24
Andrew Bennett, Ian Golding, Michael Glowacki
Wednesday, December 19,2012 NANIOCKET TOWN CLERK
4:00 P.M. on the 2otl Floor of the Public Safety Facility 4 Fairgrounds Road
Called to order at 4:00 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator, Terry Norton, Minutes Taker
Attending Members: Oktay (chair), Bennett (vice chair), Karberg, Braginton- Smith, Golding, Glowacki
Absent Members: Steinauer
Early departure: Glowacki 6:12 p.m.
Agenda adopted by unanimous consent
*Matter has not been heard
I. Establishment of interim chair and interim vice chair during absence of E. Steinauer.
Acceptance of Oktay as Interne Chair and Bennett for Interim Vice Chair no objection
II. PUBLIC MEETING
A. Public Comment —None
III. PUBLIC HEARING
A. Notice of Intent
1. Norwood Farm Trust — 243 Polpis Road (46 -1) SE48 -2473 (cont to 119/2013)
1,:M1
2. Houghton —
15 North Liberty Street (42.3.4 -2) SE48 -2493
Sitting
Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Have everything necessary to close.
Motion
Motion to Close. ( Braginton- Smith) seconded
Vote
Carried Unanimously
(.w)
3. *Thompson
— IA Crow's Nest Way (12 -23) SE48 -2502
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Have defined appropriate resource areas. Entire
structure will be outside 50 -foot setback; deck on piers within 50 -foot setback. Work
requires a waiver.
Nathan McMullen, Designer
Public
None
Discussion
None
Staff
Have everything necessary to close.
Motion
Motion to Close. ( Braginton- Smith) seconded
Vote
Carried Unanimously
Page 1 of 9
Minutes for December 19, 2012, adopted Mar. 13, 2013
4. Sunset House LLC — 15 Hallowell Lane (30 -10) SE48 -2508 (cont to 1/9/2013)
01st
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
Public
None
Discussion
None
Staff
Was continued for MESA sign -off, which has been received; no concerns.
Motion
Motion to Close. ( Braginton- Smith) seconded
Vote
Carried Unanimously
(4120)
6. PFLP Realty
— 4 Monomoy Road (55 -67) SE48 -2514
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc.
Public
None
Discussion
None
Staff
Was continued for MESA sign -off.
Motion
Motion to Close. (Bragimon -Smith) seconded
Vote
Carried Unanimously
(4 a)
7. Hempleman
— 61 Hulbert Ave. (29 -10) SE48 -2511
Sitting
Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Was continued for MESA sign-off, which has been received; no concerns.
Motion
Motion to Close. (Braginton -Smith) seconded
Vote
Carried Unanimously
(4ms)
8. 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 — Applied for waiver under no adverse impact.
David M. Haines, Haines Hydrogeologic Consulting — Have provided a list of plants
to be used.
Public
None
Discussion
None
Staff
Proposed deck requires waiver. Have
Motion
Motion to Close. (Bmginton- Smith)seconded
Vote
Carried Unanimously
Page 2 of 9
Mmutes for December 19, 2012, adopted Mar. 13, 2013
0-)
9. *Pearson & Matter — 7 Ames Ave. (60.2.4 -40) SE48 -2516
Sitting
Oktay, Karberg, Bragimon- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — Remove failed system and
install a SeptiTecO system with 5 -Foot ground separation. Filed under "Net Benefit ".
Vegetative wetlands boundary zone is only resource area.
Public
None
Discussion
None
Staff
Everything necessary to close.
Motion
Motion to Close. ( Braginton- Smith) seconded
Vote
Carried Unanimously
µx1
10. *20 Straight Wharf, LLC — 20 Straight Wharf (42.3.1 -86) SE48 -2515
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarm, Blackwell and Associates Inc. — Resource area: subject to
coastal storm flowage and coastal bank. Reducing foot print; net reduction in area of
jurisdiction. Request continuance.
Public
None
Discussion
None
Staff
Being a commercial property, it is subject to DEP storm -water policy; applicant
needs to submit construction protocol.
Motion
Continued to 1/9/2013.
Vote
N/A
14111,
11. *JAWS Hummock Pond N.T. — 289 Hummock Pond Rd (83 -4) SE48 -2517
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Brian Madden, Lamentide Environmental Consultants, hie. — Coastal dune has been
eroded leaving a coastal bank at the toe. Purpose to install wooden sand -drift fencing
at terminus of road with linear placement at an angle to dissipate breaking waves and
run -off energies as well m ease back -flow energy. 5X5 posts down 10 feet spaced 8
feet apart; fencing 2X3 slats placed 3" apart to maintain 50% opening. Access via
existing board walk; larger equipment would have to access via coastal bank, which
would be restored to pre- existing grade and re- planted. Fence height about 2 to 3 feet
exposed. At this point no nourishment is being considered. Waiting for
Massachusetts Natural Heritage file. Request continuance.
Public
Bruce Perry, Third -party Consultant Conservation Commission — As a Coastal
engineering structure, this needs waivers from bank and dune regulation. Annual
erosion rate is between 7 -10 feet a year, at that rate, can't see how this will survive
long term. This lot as a long history of applications; believe there might something in
the old files that would allow this structure. How the post holes will be dug needs to
be addressed: by machine or by hand. This bank is subject to action from every
storm, not just the big storm events.
Emily MacKinnon, Nantucket Land Council — Detail of the angle -drift fencing, don't
know if that is intended to be scaled in relation to the bank. How far from the bank
this is to be installed and at what point is it no longer effective, in the engineer's
opinion, is information ConCom should have. There is a salt marsh in the vicinity
and should know if any work is going to be within 100 feet of the resource area. West
of this location is also a state designated barrier beach and the plan should show that.
Page 3 of 9
Minutes for December 19, 2012, adopted Mar. 13, 2013
Discussion on A concern about what a failure would look like and possible exposure of buried
289 Hummock portion of the fencing was expressed. Discussion about erosion in this area By
Pond Road definition, this is a coastal engineering structure. This is a project that will be very
Page 4 of 9
much on the beach. The applicant should submit information as to why this might or
might not be considered a coastal engineering structure; if so would a waiver be
justified if it is. Need some real -world ideas of how to get rid of it or modify it. A
request is made for a straight -on view of what this would look like. Steep bank,
details in relation to distance and angle of bank are asked for.
Staff
Sand exchange from beach to bank is inevitable; bank is glacial sediment. Do not
know if it has the form and function of a coastal dune. A coastal dune has become a
coastal beach; this might or might not help re- establish the dune. Concern with
project is how to monitor and evaluate and what will constitute failure. Water
dependent use does not exempt from waiver; there are still performance standards
that have to be met, such as B 1 & 3. ConCom regulations define substantial
improvement as a 20% increase in the foot print, so this structure can qualify for
protection.
Motion
Continued to 1/9/2013
Vote
N/A
B. Amended Orders of Conditions
(m.")
")
1. 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 — Propose to install 1,000 gallon above - ground
tank. An issue was brought up as to whether or not there would be enough room for
the travel lift to pass the tank safely. An experiment has been conducted with the
operator of the travel lift owned by Grey Lady Marine to ensure there would be
sufficient clearance on both sides of the lift. Fire code dictates placement of the tank;
and maintenance is easier for an above - ground tank.
Stephen Creese, General Manager GHYC
Dan Malloy, GHYC
Public
Rich Pykosz, General Manager Grey Lady Marine — If a moving travel lift were to be
hit or hit the tank, the lift could break a hydraulic and possibly drop the boat causing
• fuel spill or fire hazard. Upon contacting 30 other New England marinas, none have
• tank within 100 feet of the travel lift for that reason. Would like to see the tank
moved off the travel lift way completely. Also found that a boat on a trailer could hit
the tank when the trailer pulls out of the way. Shows on plans how a lift with a boat
or a trailer carrying a boat could swing and hit the tank.
Discussion
Golding expressed the opinion that the tank would impede access and the GHYC had
permission for an under - ground tank. He stated he could understand the logic for a
smaller tank; but does not like it being this close to the egress. Bennett asked if there
were other options as to shape. Response is that there are other constrictions on
height and screening. Golding asked about the Chapter 91 permit for the underground
tank. Chapter 91 requires order of condition be in place before submitting the
application; that implies ConCom vetted the plan. Consensus 3 against 3 for.
Page 4 of 9
Mmutes for December 19, 2U12, adopted Mar. 13, 2U13
Staff
Reminds commissioners to keep comments to the interests of the by -laws and
toensU
1. Oak Hill Investments - 9 Powderhouse & 34 N. Liberty St. (41 -268 & 269)
regulations because decisions have to be structured around enabling legislation. Have
Oktay, Karberg, Bmginton -Smith, Bennett, Golding, Glowacki
everything necessary to close. ConCom most look at the affect that tank would have
None
on the coastal bank, land subject to coastal flooding and combination of the vegetated
Supporting documents and plans.
wetland and salt marsh. The question is whether or not an above -ground fuel tank
Brian Madden, Laurenfide Environmental Consultants, Inc. - In light of the amount
will adversely impact the resource area; this commission has to be very careful to not
-
imply regulation of use.
Motion
Motion to Close. (Bragimcm -Smith) seconded
Vote
Carried Unanimously
Further
Consensus of how the board would vote: 3 for 2 against. Those against argued that
discussion
there has been enough evidence to show that a tank in the proposed location does
wetlands subject only to the bylaw and not the state.
represent a threat to the resource areas. Those against argued that the threats are
Bruce Perry, Third -party Consultant Conservation Commission - In this case, the
dependent upon "what if' situations and this board does not regulate based on safety;
cover material is gone, which made the problem worse; that made it very difficult to
also, salt in the ground water would increase corrosion rate of an underground tank.
ascertain location of original wetland. Based upon what has grown back, it is filled
Oktay pointed out that ConCom can regulate operation of equipment if any work
entirely with wetland grasses. Between the re- vegetation and the 25 -foot buffer zone
proposed within 100 feet of a resource area can adversely impact that resource area.
development, presents a better wetland resource that was there originally. It is at the
Glowacki stated that he does not see where ConCom has the authority to regulate the
discretion of the commission to set the line. Flag 6 could be set at the wheel ruts.
ability of GHYC to use their property as they wish in this case. Oktay reviewed: there
This is not a ground water issue; it is a surface water condition.
is a 1,200 - gallon underground tank approved and a 1,000 -gallon tank above ground
proposed; there are pluses and minuses for whether or not it would inevitability
impact the salt mush; the board has already approved a fuel source being placed near
a salt mush; so all this board is doing now is comparing the bigger underground fuel
source to the smaller above ground source.
Motion
Motion to Issue the amended order. ( Glowacki) seconded
Vote
Carried 4- 2 / /Golding & Karberg opposed
IV. PUBLIC MEETING
A. Requests for Determination of Applicability
toensU
1. Oak Hill Investments - 9 Powderhouse & 34 N. Liberty St. (41 -268 & 269)
Sitting
Oktay, Karberg, Bmginton -Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurenfide Environmental Consultants, Inc. - In light of the amount
of disturbance, using field indicators for hydric soils to establishing wetlands. Based
upon how far down the hydric soils are and other indicators of hydrology, that would
be a good indicator of full-on saturation, which is creating the perched water
situation. Wetland boundary is established, flags 1 -4. Asking the commission to
confirm that boundary and recognize this wetland as only an isolated vegetated
wetlands subject only to the bylaw and not the state.
Public
Bruce Perry, Third -party Consultant Conservation Commission - In this case, the
cover material is gone, which made the problem worse; that made it very difficult to
ascertain location of original wetland. Based upon what has grown back, it is filled
entirely with wetland grasses. Between the re- vegetation and the 25 -foot buffer zone
development, presents a better wetland resource that was there originally. It is at the
discretion of the commission to set the line. Flag 6 could be set at the wheel ruts.
Discussion
This is not a ground water issue; it is a surface water condition.
Page 5 of 9
Minutes for December 19, 2012, adopted Mar. 13, 2013
Staff Initial application was for work on the lot; that has been removed. Initial findings
from monitoring showed where the true ground water was; it was substantially below
and then there is this confming layer undulating beneath and causing the perched
water table. Both Mr. Madden and Mr. Perry have attempted to recreate what was
there, the indication is that there will be some work within the 25 -foot buffer zone.
Nothing will happen on this lot without ConCom review. Based upon Mr. Per y's
comments, this commission could approve the delineation; it is not approving any
work at this time. Recommend issue a positive 2a, verifying a vegetative wetland.
Motion Motion to Approve a Positive 2a. (Glowacki) seconded
Vote Carried Unanimously
B. Certificates of Compliance
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1. *Dictenberg — 80 Washington St. #8 (42.2.3 -20) SE48 -2336
Sitting
Oktay, Karberg, Braginton- Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
For 2 -nd floor deck, recommend issue.
Motion
Motion to Issue. ( Broginton- Smith) seconded
Vote
Carried Unanimously
�ox:uso�
2. *Kielley — 26 Gosnold Road (30- 88 &89) SE48 -968
Sitting
Oktay, Karberg, Braginton- Smith, Bennett, Golding
Rmused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Work to side and rear of house done in compliance as best as can tell; recommend
issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
roxnsnl
3. *St. John —
4 Midland Ave (59.3 -170) SE48 -2088
Sitting
Oktay, Karberg, Bmginton- Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Upgrade to sewage disposal and construction of 2nd -floor deck. Recommend issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
Page 6 of 9
Minutes for December 19, 2012, adopted Mar. 13, 2013
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4. *MacDonald — 4 Pawguvet Lane (30 -52) SE48 -1765
Sitting
Oktay, Karberg, Braginton- Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Recommend issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
iaiAl.)
5. *Schwed —
50 Wauwinet Road (14 -68.2) SE48 -1706
Sitting
Oktay, Braginton- Smith, Bennett, Golding
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Installation of a septic system and some work on the dwelling. No on -going
requirements attached to this. Recommend issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried 4 -0
6. *Dunning
— 5 North Liberty Street (42.3.4 -7) SE48 -1408 (Reissue)
Sitting
Oktay, Karberg, Bmginton- Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Recommend re- issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
7. *Haup1man -43 Massachusetts Ave (60.3.1 -1.1) SE48 -2297
Sitting
Oktay, Karberg, Bmginton- Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
Oktay would like that applicant to apply for a minor modification.
Staff
Move house & reconfigure rear deck. Consider it insubstantial compliance.
Motion
Continued to 1/9/2013
Vote
N/A
Page 7 of 9
Mmutes for December 19, 2012, adopted Mar. 13, 2013
IoxaxaT
8. *Half Gas R.T. — 82 Easton Street (42.4.2 -5) SE48 -2136
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Land subject to coastal stomr flowage; pick up /rebuild garage. Recommend issue
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance)
(.Mt.)
1. Houghton —15
North Liberty Street (42.3.4 -2) SE48 -2493
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Addition on structure & retaining wall in vegetative wetland buffer zone, no waiver
did not ask for fertilizer or irrigation and no special conditions.
Motion
Motion to Issue as drafted. ( Braginton- Smith) seconded
Vote
Carried Unanimously
(x:U:30
2. Lilly — 55 Hulbert Ave. (29 -12) SE48 -2509
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
In -kind groin replacement; all material to be stored outside resource area, all
refueling to be done in excess of 50 feet on the up side of the timber bulkhead, and
all work to be done below the high -tide line is to be done during the low -tide cycle.
Recommend issue.
Motion
Motion to Issue as drafted. (Golding) seconded
Vote
Carried Unanimously
(MM4»
3. PFLP Realty — 4 Monomoy Road (55 -67) SE48 -2514
Sitting
Oktay, Karberg, Braginton- Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Grass path and native plantings. Did not ask for fertilizer or irrigation. Recommend
issue.
Motion
Motion to Issue as drafted. (Bennett) seconded
Vote
Carried Unanimously
Page 8 of 9
Minutes tar December 19, 2012, adopted Mar. 13, 2013
4. Hempleman
— 61 Hulbert Ave. (29 -10) SE48 -2511
Sitting
Oktay, Karberg, Bmginton- Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
For replacement of the landscape grasses with rasa rugosa. Plant material to be
removed should go through the digester, required waiver for work in 25 -foot buffer
zone. Recommend issue.
Motion
Motion to Issue as drafted. (Bennett) seconded
Vote
Carried Unanimously
an
5. Fong -Eyman — 34 Codfish Park Road (73.1.3 -53) SE48 -2512
Sitting
Oktay, Karberg, Braginton - Smith, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
This is at the end of the 21 -day deadline. For replace existing septic with SeptiTec®
system. Requires waivers for leech field within 100 feet buffer; need to provide
Coni with same testing as for Board of Health and Operation and Maintenance
Agreement. Recommend issue.
Motion
Motion to Issue as drafted. (Golding) seconded.
Vote
Carried Unanimously
6. Discussion of other closed notice of intent public hearings: Thompson, Sydness, Pearson &
Matter, and GHYC.
D. Other Business
1. Reports:
i. Project Reports —None
ii. CPC —None
iii. NP &EDC — Bennett, nothing to report.
iv. Mosquito Control Committee — Braginton- Smith, nothing to report
v. Coastal Management Plan — Oktay, started writing the report.
vi. Harbor Plan — Oktay, almost done.
vii. Other/Miscellaneous Reports
2. Commissioners Comment —None
3. Administrator/ Staff Reports —None
V. PUBLIC HEARING
A. Town of Nantucket Wetlands Regulations Revisions - Held
Motion to Adjourn at 6:33 p.m.
Submitted by:
Terry L. Norton
Page 9 of 9