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Home My WebLink About2013-1-13Minutes for Jana 23 2013 adopted Mar . 13 pHTUCKF CONSERVATION COMMISSION +3 � 2 Bathing Beach Road Nantucket, Massachusetts 02554 www nantucket- ma.eov yC�PoNATE��1 Wednesday, January 23, 2013 4:00 P.M. 2d Training Room, 4 Fairgrounds Road pp�(r� pp� pp Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice-chair), John Braginton - Smith, JetidtfE Yv4g, Andrew Bennett, Ian Golding, Michael Glowacki 9nil Mao or om Called to order at 4:00 p.m. NAATU g FIT TOWN CLERK Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, mu s aker Attending Members: Oktay, Kerberg, Braginton- Smith, Bennett, Golding, Glowacki Ian Golding remote participation. Absent Members: Steinauer Agenda adopted by unanimous consent "Matter has not been he rd L PUBLIC MEETING A. Public Comment None II. PUBLIC HEARING A. Notice of Intent 1. 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. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Request hold for end of public hearing. ho_. ,,1 Redevelopment of existing residential site. Submitted revised plans showing resource areas. Reduced landscaping and fill in 25 -foot buffer, no pump will be required in the drainage system, propose a secondary drainage system with shorter profile, will provide sub - surface storage of water. Catch basin will prevent run -off to abutting property. Isolated land subject to flooding resource area is not shown on plan set at Elevation 9. Some filling at Elevation 10 within the resource area; volume calculated and create sub - surface void to hold displaced water outside 50 -foot buffer zone for coastal dune and vegetated wetlands but within land subject to flooding resource area Will create a beach -grass buffer zone. Reviewed changes in plans for reducing landscaping and installation of new septic. Contend that the overall project represents a net benefit. By connecting the roof leaders to this system, it reduces the transport of any pollutants by surface flow, especially from current existing conditions. Also, this system has the ability to provide infiltration from both the sides and the bottom of the system. The bottom of the system will be very close to ground water. Response to abutter comments: Driveway will change moving away from Mr. Peter's property and that will allow the water to flow into the catch basin. Can provide more drainage. The septic footprint is changed and the system will be a SeptiTec® pre- treat system with infiltrated chamber storage, willing to make changes as long as qualify under Title 5. Requested a continuance to 2/6. Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Lisa Botticelli, Botticelli & Pohl Page I o£]0 Minutes for Ianuary 23. 2013. adooted Mar. 13 Public Sarah Alger, Sarah F. Alger P.C. for 13 Hallowell Lane Paul Santos, Nantucket Surveyors for 13 Hallowell Lane — Reviewed Mr. Kim Peters concerns which are centered on the isolated land subject to coastal flooding which crosses the property line. Photos from October 30 & 31 submitted at the table. Contends that the current proposal fills up to one foot, pulling the elevation 9 & 10 loosing that storage; grading is such that all the water, though coming into the basin, has nowhere to go and pooling of water will continue. The location of the structure drives the location of the septic; the approved septic is a standard infiltration system. Kim Peters, 13 Hallowell Lane — Secondary structure is driving the raising of the grade and creates the requirement for the stone retaining wall. It is also causing the encroachment into the land subject to coastal flooding. Discussion Golding — On the letter with existing versus proposed conditions, the math doesn't seem to add up; should be a loss of 1800 square feet (SF). Gasbarro — Presently 2516 SF of the 25 -foot buffer are disturbed; in the proposed, only 1700 SF will be disturbed. Oktay — New proposal shows no change in the storm water volume. Gasbarro — It shows a storage - capacity increase of 50 cubic feet of water. Glowacki — Asked about land subject to coastal flooding at Elevation 9. Gasbarro — That is based on personal observation of flooding at the site and numerous occasions. The flagpole at elevation 10 is the bench mark for flooding and water has never reached that point. Bennett — Asked about the area increase of the main house. Gasbarro — Explained the changes to the structure and proposed retaining wall. Golding — Prior concerns expressed were about possible leakage into Reed Pond. Asked if the commissioners is satisfied that this proposal resolved the concern. Oktay — It looks like roof-water and storm -water runoff will be treated and will all run underground. Glowacki — Abutters concern is based on Regulation 304.B.2 & 6. Sure the applicant will want to respond to the abutters' concerns. Braginton -Smith — Most of the water of concern to Mr. Peters is coming from Gosnold Road. There is a lot of clay soil so causes flooding along the roads. Expressed the opinion that the biggest problem is from road runoff. Oktay — Asked about the ability to create a gravel infiltration trench to help channel runoff. Bennett — If collecting runoff from the perc area and moving into a system on the other side of a new grovel driveway; the perc area is not being reduced. The driveway would have to be lower. Staff There is no set criteria for determination; it is based solely upon direct observation of the presence or absence of flooding. The proposal is on track to meet standards for isolated land subject to coastal flooding. A project like this typically requires monitoring and oversight in dealing with this land subject to flooding. With the second area of isolated land subject to coastal flooding on the east side, it should be looked at as a watershed approach as the performance standard reads; also have to respect the fact that the resource area has the protection of buffer zones as it relates to the leach field. Motion Continued to 2/6 without objection. Vote N/A Page 2 of 10 Minutes for January 23. 2013, adopted Mar. 13 �wocm� 2. JAWS Hummock Pond N.T. — 289 Hummock Pond Rd (83 -4) SE48 -2517 Sitting Oktay, Braginton - Smith, Bennett, Golding, Glowacld Recused Karberg Documentation Supporting documents and plans. Representative Stan Humphries, Laummitic Environmental, LLC — Submitted a revised plan. No longer proposing a 450 angle of fence, a standard zig -zag sand -drift fence, posts are 8 -inch round with 50/50 ratio of slats to openings. This is now a dune nourishment project. This is a water dependent use so requires no waiver. Public Bruce Perry, Third -party Consultant Conservation Commission — Flagging looks fine. Applicant described this as a dune restoration project; it is more of a bank stabilization project as the dune has not existed in some time. With an erosion rate of 9 feet a year, the fence will be in the middle of the beach in a couple of years. Need to address on -going mitigation. Discussion Golding — Asked if there is a failure criterion. Oktay — Failure criterion was discussed in regards to a distance from the bank. Braginton -Smith — Went with the 25 -foot rule. Oktay — Need failure criteria language in the order. Asked if there was an exposure rate above that Humphries — Only discussed the set back from the bank. Willing to accept a triggering mechanism. Bennett — Okay with the 25 -foot role. Braginton -Smith — Right now there is a lot of loss as far as what was high beach, but okay with the 25 -foot rule. The bank won't erode as quickly as the beach. Oktay — Suggest having a waiver on hand. Staff Looking strictly at a coastal bank and coastal beach resource areas then the barrier beach line and the pond. It was discussed that before failure is declared, the applicant would come back before the board to review what happened and decide the best course of action from there. high -tide line in November it was 20 to 25 feet from position of project; but that moves. The commission has the ability to grant a waiver when one is not requested. Can require quarterly monitoring. Motion Motion to Close. (Bennett) seconded Vote Carried 5 -0 �m:a o91 3. Dunn — 74 Millbrook Road (57 -3) SE48 -2524 Sitting Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg, Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Staff Septic upgrade, was waiting for Massachusetts Natural Heritage comments; but their time has expired. Have everything needed to close. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried 5 -0 Page 3 of 10 Minutes for January 23. 2013, adopted Mar. 13 (W I, o) 4. * Nanmcket Land Bank — 27 North Cambridge Street (38 -24) SE48 -2527 Sitting Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bruce Perry, Nantucket Land Bank — A tight -tank was installed in 2004. Propose to move structures off property, build a 10X20 deck with benches inside footprint of house, maintain existing walking paths, and create, outside 100 -foot buffer, a connecting driveway with neighboring lot. Net benefits include: reduction of amount of lawn, remove invasive species and dead Japanese pines. Can place the deck outside the 25 -foot buffer. Phmgmites can be removed by clip and drip as part of the invasive species removal. The water side loop of the driveway will be abandoned. Paths are sandy and will be maintained as such and trim back the rosa rugosa. Request continuance. Public None _ Discussion Karberg — Asked what the plan was for reseeding where the houses were. Perry — Fill and reseed t o fill in and reduce lawn area. Will come back in spring with the landscape plan. Oktay — Would prefer the deck be outside the 25 -foot buffer, but it is disturbed ground Staff None Motion Continued to 2/6 without objection. Vote N/A 5. *Nantucket Land Bank — 21 Sesachacha Pond Road (21 -17) SE48 -2525 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bruce Perry, Nantucket Land Bank — Split rail fence along property line, which involves doing work within coastal bank and coastal beach due to encroachments by abutter. All work will be done by hand. There will be an opening in the fence where there is bare sand. The waiver request is for no reasonable alternative as there is no way to be outside the resource area. Tried the no -build by surveying it and staking it; it didn't work. Public None Discussion Golding — Sympathize with the Land Bank's dilemma, but would prefer not to see a fence. Asked why once the abutter was informed a fence would be necessary. Perry — Had the property surveyed and the survey stakes were removed; the abutter continued to landscape Land Bank property. This abutter has not been responsive to Land Bank requests to stay off its property. Oktay — One section of split rail fence already exists in the 0- to 25 -foot buffer. It is in the resource area. Glowacki — The no -build alternative does not seem to meet the program for this project. Staff This property is all resource area all the time. This requires a waiver. Clarifies the no- build alternative requirement. Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously Page 4 of 10 Minutes for January 23. 2013, adopted Mar. 13 (W 34 23) 6. `Nantucket Land Bank — 28, 30A, 30B Washington Street (42.3.2- 231,232,233) SE48 -2526 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bruce Perry, Nantucket Land Bank — Presented background on the property. This Notice of hs[ent is for removal of structures on lots 28 and 30B. Will move managed areas outside of the resource areas and allow natural vegetation to grow back. Request an annual dormant- season prating between the street and harbor no more than waist high, and will maintain handicapped boardwalk going down to the beach. Public None Discussion Oktay — Asked for assurance that truck traffic should not impact resource area. Perry — The work will be done from the road and existing parking areas. Staff All silt fencing most be installed; applicant is required to provide 72 -hour notice. Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously (oga;aa) B. Amended Orders of Conditions 1. *Mertz — 8 Ames Ave (60.2.4 -56) SE48 -2548 Sitting Oktay, Karberg, Bragimon- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mike Connelly, Charles W. Hart & Associates Surveyors Inc. — Clarification of foundation of previously approved addition. Due to the wind shear, the building requires hold - downs. Public None Discussion Oktay — Expressed the belief that this is clearly a minor modification. Staff According to the minutes of the previous hearings, there was concern about the piles that were there and the soil integrity. It is an amended because of the change in scope from piles to a crawl space; so amended orders are clearer. Motion Motion to Approve. (Bennett) seconded Vote Carried Unanimously (peon) III. PUBLIC MEETING A. Requests for Determination of Applicability 1. *Steamship Authority — Steamship Wharf (42.4.2 -13) Sitting Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Technically this is in the buffer zone; request is to replace rubber on bulkhead face _ plates as well as the brackets. Recommend a Negative 2 & 3 to allow the work. Motion Motion to Approve. ( Glowacki) seconded Vote Carried Unanimously Page 5 of 10 Minutes for January 23. 2013, adopted Mar. 13 tmsna> 2. *Nantucket Land Bank — 171 R Hummock pond Road (65 -1) Sitting Oktay, K irberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Looking to remove a structure located more than 120 feet from resource area. Recommend a Negative 4. Motion Motion to Approve. ( Glowacki) Seconded Vote Carried Unanimously (f11:5' W1 B. Minor Modifications 1. *Hale —117 Madaket Road (40- 60.3 &56) SE48 -1970 Sitting Oktay, Braginton -Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Looking to add 738 SF onto the cottage, the porch and a small section of the addition would fall within the 100 -foot buffer. Public None Discussion None Staff Recommend approval as a minor modification. Motion Motion to Approve. ( Glowacki) seconded Vote Carried 5 -0 tm:y:wt C. Certificates of Compliance 1. *Grey Lady Trust — 46 Meadowview Drive (56 -298) SE48 -2331 Sitting Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Septic within buffer; is constructed as approved and recommend issued. Motion Motion to Issue. (Bennett) seconded Vote Carried Unanimously �ocs�eo� 2. *Verney — 25 Capaum Pond Road (40 -10) SE48 -2439 Sitting Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Small addition built as proposed; recommend issued. Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously Page 6 of 10 Minutes for January 23. 2013. adopted Mar. 13 <olss sl 3. *Kielley — 26 Gosnold Road (30 -89) SE48 -943 Sitting Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Septic system; recommend issue. Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously ups o 4. *Hale —117 Madaket Road (40- 60.3 &56) SE48 -1914 Sitting Oktay, Braginton - Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Permit for existing stone path; recommend issue. Motion Motion to Issue. (Bennett) seconded Vote Carried 5 -0 cal M SS1 5. *Thomewill — 48 Dukes Road (56 -246) SE48 -1094 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Construction of dwelling within 100 -foot buffer; all else in compliance. Recommend issue. Motion - Motion to Issue. (Bennett) seconded Vote Carried Unanimously (OL959) D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. 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 None Public None Discussion None Staff Included waiver for no adverse impact/no reasonable alternative. Added condition that all materials are stored outside the 50 -foot set back from the coastal bank. Motion Motion to Issue. (Bennett) seconded Vote Carried 5 -0 Page 7 of 10 Minutes for January 23, 2013, adopted Mar. 13 (m.z�n) 2.Murray -23 Bank Street (73.1.3 -55) SE48 -2521 Sitting Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Redevelopment on site, technically within 50 feet of bottom of local coastal bank; reasonable alternative granted waivers under no adverse impact/no reasonable alternative and on opposite Motion to Approve. (Braginton -Smith) seconded side of a previously altered public way. Add conditions about fertilizer /irrigation and Carried 5- 0/Karberg abstain that all materials are stored outside the 50 -foot set back from the coastal bank. Motion Motion to Issue. (Braginton -Smith) seconded Vote Carried Unanimously 3. Geschke Family N.T. — 78 Monomoy Road (43- 119 &311) SE48 -2523 Sitting Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Small bumpout on coastal bank. Required waiver under no adverse impact/no reasonable alternative Motion Motion to Approve. (Braginton -Smith) seconded Vote Carried 5- 0/Karberg abstain 4. Zecher Shimmo Trust — 34 Shinano Pond Road (43 -124) SE48 -2522 Sitting Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff 2 "a -floor addition and move path. Required waiver under no adverse impact/no reasonable alternative Motion Motion to Issue. ( Glowacki) seconded Vote Carried 5- 0/Karberg abstain �mum� 5. Dunn — 74 Millbrook Road (57 -3) SE48 -2524 Sitting Oktay, Karberg, Braginton -Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Typo in regards to "abandonment" to be corrected. Staff Abandonment of existing septic within resource area and running of leach field outside of ConCorn jurisdiction. Waiver granted under net benefit for abandonment of septic within the 25 -foot buffer. Motion Motion to Issue. ( Glowacki) seconded Vote Carried5- 0/Karberg abstain Page 8 of 10 Minutes for Jan a.v 23 2013 adopted Mar . 13 6. *Nantucket Land Bank — 27 North Cambridge Street (38 -24) SE48 -2527 Continued 2/6 Staff— Had written an order but will revise to include new information. (m m sas 7. * Nanmcket Land Bank — 21 Sesachacha Pond Road (21 -17) SE48 -2525 Sitting Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Brace Perry, Nantucket Land Bank — Can provide more detailed drawings. Explained how he had done created the maps. Public None Discussion Glowacki asked if a scale drawing was part of the application standards. Discussion about how scale maps and drawings are provided. Golding asked how the commission would be looking at this application if the abutter was submitting and also asked who have this land to the Land Bank. Perry answered that it was given to the Land Bank by the previous owner after the Land Bank acquired the next lot abutting Mass Audubon property. Staff Installation of split rail fence down the coastal bank and a coastal beach. Required waiver. Added conditions all work to be done by hand and fence will allow passage of pedestrians along the coastal beach. Motion Motion to Issue. ( Glowacki) Seconded Vote Karberg - Aye Braginton -Smith - Aye Bennett - Aye Golding - Nay Glowacki — Aye Oktay - Aye (MU m) 8. *Nantucket Land Bank — 28, 30A, 30B Washington Street (42.3.2- 231,232,233) SE48 -2526 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Removal of structures, re- vegetation of lawn areas, continued vista pruning during dormant season, and maintenance of existing boardwalk/deck in land subject to coastal storm flooding buffer zone of coastal dune and coastal beach. Add conditions about fertilizer /irrigation and provide a brief monitoring report using photos to show how vegetation has grown back at beginning and end of growing season. The waiver involved was net benefit for the reduction in structures and re- vegetation. Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously Page 9 of 10 Minutes for January 23. 2013, adopted Mar. 13 ( @'.13 =ae) 9. Discussion of other closed notice of intent public hearings — JAWS Hummock Pond N.T. — 289 Hummock Pond Rd (83 -4) SE48 -2517 Sitting Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Oktay pointed out that this site is very exposed. Staff Sand -drift fence similar to NOI issued for abutter; will pattern off that order of conditions. Motion None Vote None E. Other Business 1. Reports: L Project Reports ii. CPC — Glowacki: have a lot of money available for open space. iii. NP &EDC — Bennett: nothing to report iv. Mosquito Control Committee — Braginton- Smith: has not met v. Coastal Management Plan — Oktay: next meeting 1/28 at 5 p.m. vi. Other/Miscellaneous Reports - None 2. Commissioners Comment — None 3. Administrator /Staff Reports L Staff Reports -None ii. Minutes —None F. Public Hearing 1. Town of Nantucket Wetlands Regulations Revisions — Staff explained that since this is a public hearing, if a member misses more than one hearing, he /she cannot sit back on. With Mr. Steinauer out, has been holding off opening the hearing to allow his participation. Glowacki suggested holding a special meeting for this. Other commissioners agreed that was a good idea. Motion to Hold. ( Glowacki) seconded. Carried Unanimously Motion to Adjourn at 6:26 p.m. Submitted by: Terry L. Norton Page 10 of 10