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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 UIL)1NNE1KVA I JUIN I.VIV11V11,331y11 ' 2 Bathing Beach Road G Nantucket, Massachusetts 02554 ` 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 �oax:u�ca...ua.o.n 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 trsacssl 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