The URL can be used to link to this page

Home My WebLink About2013-2-20Minutes for February 20, 2013, adopted Mar. 13 CONSERVATION COMMISSION 2 Bathing Beech Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov 3co �b1 Wednesday, February 20, 2013 4:00 P.M. 9PO8ASE0 _ 2 "a Floor Training Room, 4 Fairgrounds Road pp C pp Commissioners: Ernie Steinauer (Char K "rg ), Sarah Oktay (Vice- chair), John Braginton- Smith, Jennifer lV ED Andrew Bennett, Ian Golding, Michael Glowacki M3 mw 25 arty 7 24 Called to order at 4:06 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes "INIh11 T U C K ET T 0 W N C L E R K Attending Members: Steinauey Oktay, Kerberg, Bmginton- Smith, Bennett, Golding, Glowacki Absent Members: None Early departure: Golding 6:39 p.m. Agenda adopted by unanimous consent "Matter has not been heard L PUBLIC MEETING A. Public Comment —None IL PUBLIC HEARING A. Notice of Intent ti in 1. Sunset House LLC —15 Hallowell Lane (30 -10) SE48 -2508 Sitting Steinaueq Oktay, Kerberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Residential redevelopment: additional drainage system and catch basin along easterly property line to increase water capacity for land subject to flooding. Increased the storm water storage capacity to exceed the volume of proposed fill. Septic system was turned 90 degrees and changed to a pressure distribution system using infiltrated chambers; increase separation from ground water. Added a dewatering area for during construction. Added propane tanks to septic tank area in minimize excavation. The driveway is being widened and relocated because there is an encroachment on the abutting property. Responded to Ms MacKinnon's question: shrubby plantings to blend with existing native vegetation and time. Responded to the abutter's letter: Placing the leech field outside 50 -foot buffer is lower and will require much grading and run contrary to Section 3.0483 Performance Standards. Reducing amount of runoff that would collect pollutants and vegetative buffer will attenuate surface water flow. Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public Sarah Alger, Sarah F. Alger P.C., for Kim Peters at 13 Hallowell Lane — Asked if Commission will follow up on consultant's letter and asked if negative impacts were being counted toward what has to be mitigated; mitigation a negative impact that should be mitigated. Read abutter's letter into the record. Emily MacKinnon, Nantucket Land Council — Asked about the vegetation to be placed north of the vegetative wetlands. Paul Santos, Nantucket Surveyors, for Kim Peters at 13 Hallowell Lane — In regards to septic system, with the proposed design and profile, the grade could be lowered two feet. In regards to storage chambers, concern is that ground water is elevation six; the system is designed within about six inches of the water table. If flooding occurs, the system is already filled. The commission should require on- going monitoring to ensure storage system is working properly. Discussion Oktay — The septic is 50 -feet from the bordering vegetative wetlands, not from the dune; but it is more important to be away from the water. Discussion about increasing separation of septic system from water to beyond six feet and amount of cover. Applicant amenable to inspections and monitoring. Staff Have everything needed to close. Motion Motion to Close. (Beonett) seconded Vow Carried unanimously Page 1 of 8 Minutes tot February 20, 2013, adopted Mar. 13 2. Ryan -10 Tautemo Way (83 -11) SE48 -2529 Sitting Steinauer, Okmy, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bob Emack — Moving structure, restoration of disturbed area, proposed a monitoring schedule, and no Public fertilizers. Public None Discussion None Staff Had asked for a plan showing the disturbed area and a planting plan; any plants found dead from Vote original planting will be replaced by the identical species. Have everything needed to close. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried unanimously 3. Squam Partners, LLC — 89 Squam Road (13 -3) SE48 -2530 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Massachusetts Natural Heritage letter still pending. Motion Continued to March 6. Vote N/A 4. Cohen & Christman — 24 Medouie Creek Road (20 -2) SE48 -2531 Sitting Steinaueq Oktay, Karberg, Bmginton- Smith, Beaten; Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbar m, Blackwell and Associates Inc. —No waivers requested. Public None Discussion None Staff Was continued for Massachusetts Natural Heritage letter: their response was a no take. Can come back to amend permit to include sassafras control. Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried unanimously 14491 5. Welsh -101 Eel Point Road (32 -7) SE48 -2534 Sitting Steinauer, Okmy, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Dan Malloy — Re -grade and bank restoration. Bank retreat rates averaged over 20 years at about 2 feet per year with acceleration in the past couple of years. Massachusetts Natural Heritage letter stating there is no take. Suggest notifying the commission every time there is a storm event; quarterly monitoring is acceptable. Public Emily MacKinnon, Nantucket Land Council — Replenishment occurring whether or not erosion takes place is a concern because sediment eroding from the bank is down drifting; whether or not erosion is visible, the annual re- nourishment has nothing to do with covering structures; it is for mitigation to ensure down -drift mesa are taken care of Discussion Oktay — Wants sand replenishment to occur at the same yearly erosion rate whether or not erosion is visible. That monitoring request has been attached to a number of previous projects. Glowacki — Stated that he does not believe the entire commission is unanimous on that subject. Further discussion about replenishment requirements and monitoring erosion. Golding — Stated that failure criteria must be addressed. Glowacki — The concept of how much sediment and where it goes is something this commission needs to discuss as a performance standard. Staff Massachusetts Natural Heritage vehicular traffic restriction between April 1 and September 15 of each year. The monitoring plan for other projects was to keep them flexible. This Order of Conditions will look very similar to that for the abutting property. Have everything needed to close. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried unanimously Page 2 of 8 Minutes for February 2Q 2013, adopted Mar. 13 m 6. •Kafer— 143 Wauwinet Road (11 -8) SE48 -2536 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Single- family dwelling and grange/apartment with connecting deck; property is located within barrier beach and considered a coastal dune. Have requested a waiver on the basis of no reasonable alternative or adverse impact and net benefit. To address wind scour, have eliminated the first floor. Will provide an updated plan detailing the impervious patio and restoration of that area. Will supply supplemental response to the performance standards. Request continuance in allow Massachusetts Natural Heritage time to respond. Lonnie Timora, property caretaker— Clarified plans and how deck will allow wind and sand to flow under the deck. Public Emily MacKinnon, Nantucket Land Council — Draw attention to performance standards for coastal dunes and barrier beach: address building on dunes and barrier beach; they talk about maintenance & repair being permissible. Discussion Discussion about coastal doors and barrier beach performance standards in regards to this project. Staff Waiting for Massachusetts Natural Heritage. Motion Continued to March 6. Vote N/A is rA 7. - Plukas —147 Wauwinet Road (11 -6) SE48 -2537 Sitting Swimmer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — One -story addition to existing dwelling. Will use hand labor for construction and carry materials in and around back of house; addition will be in a semi - disturbed area. Request continuance to allow Massachusetts Natural Heritage time to respond. Brook Meerbergen, Designer Public Emily MacKinnon, Nantucket Land Council — Draw attention to performance standards for coastal dunes and barrier beach: address building on dunes and barrier beach; they talk about maintenance & repair being permissible. Discussion Question how the cantilever beam will be placed under the existing structure; explanation: does not have to go all the way under the structure only under a small portion. Staff Waiting for Massachusetts Natural Heritage. Motion Continued to March 6. Vote N/A <s_w� 8. -Kann Holdings, LLC — 10 Charles Street (29 -91) SE48 -2538 Sitting Steinauer, Okwy, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Remove existing, construct two new structures within land subject to coastal storm flooding and a vegetative buffer. Ethan Griffin, Chip Webster Associates Public None Discussion None Staff Have everything needed to close. Motion Motion to Close. (Bennett) seconded Vote Carried unanimously Page 3 of 8 Minutes tot February 20, 2013, adopted Mar. 13 9. *Zschau -77 Washington Street(42.2.342) SE48 -2539 Sitting Steinaueq Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates hm. — Remove 2 existing structures, construct a single structure within land subject to coastal storm flooding. Edge of property across the street is more of a coastal dune than a coastal beach. Asked for waiver on provision structure is on opposite side of paved travel way. Arthur Reads, Reade Gullicksen Hanley & Gifford LLP Public None Discussion Standing water can be an issue; there is a catch basin on the comer of Washington & Francis that discharges into the harbor. Driveway should be of a pervious material. Staff Addressed delineation request; line from coastal beach to coastal time is very close to the road. The waiver request would be the same for both. Have everything needed to close. Motion Motion to Close. (Golding) seconded Vote Carried unanimously 10. *21 1 Lincoln Avenue N.T. — 21 Lincoln Ave. (30 -43) SE48 -2541 Sitting Swinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Bob Emack— Lift existing house, put on full foundation and add on; good portion outside 100 -foot buffer; all outside 50 -foot buffer. Existing garage to be moved. Public None Discussion Discussion about grass clippings being dumped at top of the bank. Staff Dune is not a regular coastal bank. Have everything Motion Motion to Close. ( Glowacki) seconded Vote Carried unanimously lumt 1 1. *34 Shawkemo, LLC — 34 Shawkemo Road (27 -3) SE48 -2540 Sitting Stemmer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Elevated board walk; 35 -linear foot X 3 earthen path changes to a 1 -foot wide walk elevated 1 foot through a salt marsh to beach access with fiber -grate system oriented North & South. Can provide sun -light penetration information from the manufacturer. Request continuance. Kevin Dale, Vaughan, Dale and Hunter and Beaudette, P.C. Public Emily MacKinnon, Nantucket Land Council — There is a standard under salt marsh section 3 that addresses no structure in a salt marsh; and do not believe a waiver was requested. Applicant should show exactly what will be destroyed in construction. Discussion Walkway should be at higher above the salt marsh lest it cause an adverse impact. Staff For walkway with half -inch boards with' /. -inch gaps should be elevated 1 foot for every 1 SF. Guides from the State relate specifically to docks and piers; doesn't talk about elevated walkways. Both ConCom bylaws and the State guidelines address negative impact of light on the marsh. Motion Continued to March 6. Vote N/A B. Amended Orders of Conditions is ,an 1. *Hillman — 29 Lincoln Ave (3040) SE48 -2496 Sitting Steinauer, Oktay, Karberg, Bragimmm- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Requesting permission to infill approximately 200 SF of the front portion of the wrap -around porch. Work completely outside the 50 -foot buffer but within 100 feet. Public None Discussion None Staff None Motion Motion to Close and Issue. (Bermett) seconded Vote Carried unanimously Page 4 of 8 Minutes for February 20, 2U 13, adopted Mar. 13 2. 'Thirty -Nine Hulbert LLC — 39 Hulbert Ave. (29 -19) SE48 -2503 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Removing portion of existing deck; on the North elevation the Supporting documents and plans. deck will become a covered porch; some landscape modifications. Outside 100 -foot buffer, build a Brian Madden, Laurentide Environmental Consultants, Inc. shed and install air - conditioning units (A/C) and rework sand drive. None Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public None Discussion None Staff Have everything needed to close. Motion Motion to Close. (Bennett) seconded Carried unanimously Motion to Issue. (Bmginton- Smith) seconded Vote Carried unanimously Steinauer, Oktay, Karberg, Braginton- Smith, Bennett Carried unanimously HI. PUBLIC MEETING A. Minor Modifications o") 1. - Cambridge Street Partners, LLC — 5 S.Cambrldge Street (59.4 -133) SE48 -2467 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. Public None Discussion Pervious material. Staff Change to a cul de sac a °hammerhead' configuration. Also moving to a single set of plans as the plan of record. Recommend approval. Motion Motion to Approve. ( Oktay) seconded Vote Carried unanimously 0.o) 2. -Purple Wampum, LLC — 41 Jefferson Ave. (30 -45) SE48 -2323 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarm, Blackwell and Associates Inc. — Landscape and plantings plan ready for approval. A previously sand area changed to brick. Added drainage system on this plan. Public None Discussion None Staff In compliance. Recommend approval as a minor modification. Motion Motion to Approve. ( Oktay) seconded Vote Carried unanimously B. Certificates of Compliance law) 1. -Bug Light R.T. — 7 & 9 Jefferson Ave. (30 -54 & 54.1) SE48 -2122 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Everything is in compliance. Recommend approval. Motion Motion to Approve. ( Oktay) seconded Vote Carried unanimously Page 5 of 8 Minutes for February 20, 2013, adopted Mar. 13 (s14et 2. -Thirty Seven Squam Road N.T. — 37 Squaw Road (13 -26) SE48 -2393 Sitting Steinauer, Okay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Have filed first monitoring report. Recommend issue Certificate of Compliance with ongoing No waivers. Conditions 22 & 23. Motion Motion to Issue. (Oktay) seconded Vote Carried unanimously 1 -Thirty Seven Squam Road N.T. — 41 Squaw Road (13 -25) SE48 -2422 Sitting Stemauer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Have filed first monitoring report. Recommend issue Certificate of Compliance with no on -going conditions. Motion Motion to Issue. (Olday) seconded Vote Carried unanimously C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) ra4n 1. 'Ryan -10 Tamemo Way (83 -I1) SE48 -2529 Sitting Swimmer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff Attached the planting plan to the order, have a monitoring component, granted waiver under long -term net benefit, no fertilizer or irrigation. Minion Motion to Issue. ( Glowacki) seconded Vote Carried unanimously 2. -Squaw Partners, LLC — 89 Squam Road (13 -3) SE48 -2530 (cont. 3/6) 3. 'CC ohen &Christman — 24 Medouie Creek Road (20 -2) SE48 -2531 Sitting Steinauer, Oktay, Karberg, Braginion- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No waivers. Motion Motion to Issue. (Oktay) seconded Vote Carried unanimously Page 6 of 8 Mmutes for February 20, 2013, adopted Mar. 13 01 4. •Rupp &. Butswinkas — 6 Harbor Terrace (55 -51) SE48 -2533 Sitting Steimmer, Oktay, Karberg, Bmginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Discussion about vista pruning being handled as a violation as opposed to a condition. Discussion on motion to issue as a denial — the hot tab and deck do not meet no adverse impact no reasonable alternative within 0- to 25 -feet of a buffer. Consensus is that it is a further encroachment on a habitat. There are reasonable alternatives to the location of the hot tab. Staff There had been some Vista pruning of center of lot; added condition prohibiting vista pruning Condition 22. No fertilizer. Condition 20 for draining of hot tab. Applied waiver. Motion Motion to Issue excluding Condition 22. ( Glowacki) seconded not carried Motion to Issue as drafted. (Karberg) seconded not carried Motion to Issue as a Denial on the basis that the applicant failed to meet the burden of proof to demonstrate compliance with the performance standards of no structures within 50 feet of the lop of a coastal bank. (Bennett) seconded. Vote Carried 5- 1 /Glowacki opposed. (7a ) 6. "21 Lincoln Avenue N.T. — 21 Lincoln Ave. (3043) SE48 -2541 Sitting Swinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion None Staff No fertilizer no irrigation Motion Motion to Issue as drafted. ( Oktay) seconded Vote Carried unanimously r='a) 5. 'Welsh — 101 Eel Point Road (32 -7) SE48 -2534 Sitting Shimmer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Staff is to draft a permissive order. Staff None Motion None Vote N/A 7. -Kafer -143 Wauwinet Road (I1 -8) SE48 -2536 (cont. 316) 8. •Plukas —147 Wauwinet Road (11 -6) SE48 -2537 (cons 3/6) (7 13) 9. -Kars Holdings, LLC — 10 Charles Street (29 -91) SE48 -2538 Sitting Stciu mer, Oktay, Karberg Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Staff is to draft a permissive order. Staff None Motion None Vote N/A Page 7 of 8 Minutes tot February 20, 2013, adopted Mar. 13 10. •Zschau — 77 Washington Street (42.2.3 42) SE48 -2539 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Staff is to draft a permissive order. Staff None Motion None Vote N/A 11. -34 Shawkemo, LLC — 34 Shawkemo Road (27 -3) SE48 -2540 (cont. 3/6) 12. Discussion of other closed notice of intent public hearings — Closed Sunset House: draft a permissive order. D. Other Business 1. Reports: a. CPC — Glowacki b. NP &EDC — Bennett c. Mosquito Control Committee — Braginton -Smith d. Coastal Management Plan - Oktay e. Other 2. Commissioners Comment Oktay — A Hydrologist will be talking at the Athenaeum Gallery 9 tol2 Monday, February 25. Carol Picardi will speak Wednesday, February 27 on salt water intrusion. 3. Administrator: a. Staff Reports — Asked by Nantucket Land Bank at 62/66 Washington Street bulkhead failed; request emergency certification and to start work on 2/21. Application will be heard on March 6. Motion to Issue emergency certificate at Washington Street. ( Oktay) seconded carried unanimously b. Violation: PhilJan Realty Trust — Issued two, one for the landscaper and one for the homeowner. Motion to ratify. ( Braginton- Smith) seconded Carried 5 -0/Glowacki recused c. Date for special hearing — March 13. E. Public Hearing L Town of Nantucket Wetlands Regulations Revisions - Held Motion to Adjourn: 7:23 p.m. Submitted by: Terry Norton Page 8 of 8