HomeMy WebLinkAbout2013-1-9Minutes for Jana 9 2013. adopted Mar. 13
CONSERVATION COMMISSION
_ 2 Bathing Beach Road
Nantucket, Massachusetts 02554
www.nmmcket-ma.gov RECEIVED
Wednesday, January 9, 2013 4:00 P.M.
2°a Floor Training Room, 4 Fairgrounds Road ?01133 7(1 1�HO 2p5 P9 7 24
Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice - chair), John Bragin ton - Smith; p TetlhitEY UJer OWN CLERK
Andrew Bennett, Ian Golding, Michael Glowacki -
Called to order at 4:01 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Minutes Taker
Attending Members: Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Absent Members: Steinauer, Kerberg
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING
A. Public Comment— Staff —Announced an increase in the advertising fee with the Inquirer and
Mirror; looking to figure out how to bring the cost down.
II. PUBLIC HEARING
A. Notice of Intent
1. Rowe — 137 Wauwinet Road (11 -11.1) SE48- 2468(cont to 1/23/2013)
2. Norwood Farm Trust-243 Polpis Road (46 -1) SE48 -2473
Motion to Accept withdrawl. (Golding) seconded Carried Unanimously
3. Sunset House LLC — 15 Hallowell Lane (30 -10) SE48 -2508 (cont to 1/23/2013)
Page 1 of 9
Minutes for 7anuary 9.2013. adopted Mar. 13
Sara -ss)
4. O'Brien -18
Medouie Creek Road (20 -27) SE48 -2513
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Laura Schofield — Split -rail fence either side of an easement which provides access to
a lot west of this property. Would like the fence to ensure traffic is confined to the
easement in the case of future construction. Two isolated vegetative wetlands North
& West of the track. Require a waiver because portion of fence will fall within 25
feet buffer of the wetlands. Fence proposed in an already altered area. Also
determined ownership extends into middle of Hidden Valley Creek Road, so fence is
extended to the edge of that ownership.
Public
Bill Hunter, Vaughan, Dale and Hunter and Beaudette, P.C., Forest Edge Nominee
Trust — First concern is property issue and second is health and safety. Ownership to
mid line of a road cannot interfere with the use of the road with rights to the use of
the road; the fence will inhibit that access. Grantor to the easement, Donald O'Brien,
granted perpetual access by easement between Medouie Creek Road and Wauwinet
Road. This is a spite fence. Second concern is that fencing on both sides at a width of
10 -feet will not allow access of emergency vehicles; a ConCom wetland by -law
allows the commission the right to deny the application for a double fence based on
that safety issue. A single row of fence with the other side marked is a reasonable
alternative.
Discussion
Oktay — It is an irony that the fence would both protect and impact the wetlands.
Discussion about whether or not to keep hearing open to allow the applicant's
attorney a chance to respond to the new information.
Staff
Property and ownership issues are outside ConCom purview. With new information
coming in, it is at ConCom's discretion whether or not to keep the application open.
The commission can condition the approval to best protect its interests. Reminds the
commission that consideration is based on the two fences, one on each side of the
way, and how they relate to the interests protected by ConCom's by -laws;
information pertaining to a different section of the by -law has been provided which
the Fire Chief has weighed in on stating this might not be the best proposal for the
safety of the people of that area.
Motion
Motion to Close. ( Glowacki) seconded
Vote
Carried Unanimously
(.'3019)
5. 20 Straight Wharf, LLC — 20 Straight Wharf (42.3.1 -86) SE48 -2515
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — Addition filing fees and a
revised form have been submitted. This is considered a redevelopment project, which
represents a net reduction in structural area. De- watering would be into the Town
system subject to a permit from the Department of Public Works, hay -bale silt fence,
nothing would be stockpiled on site, and the resource area is the bulkhead.
Public
None
Discussion
None
Staff
Have everything needed to close.
Motion
Motion to Close. ( Braginton- Smith) seconded
Vote
Carried Unanimously
Page 2 of 9
Minutes for January 9. 2013, adopted Mar. 13
(013393)
6. JAWS Hummock Pond N.T. — 289 Hummock Pond Rd (83 -4) SE48 -2517
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Stan Humphries, Lauremide Environmental Consultants, hlc. — Adding one cubic
yard per linear foot of nourishment on top of the fence. Fence no closer than 5 feet
from coastal bank, to be annually monitored for the first three years. Fence would be
relocated landward when erosion reaches 20 feet. It is a local issue whether or not
this is a coastal engineering project; it is also not the fast sand -drift fence project on
the island.
Public
Bruce Perry, Third -party Consultant Conservation Commission — By definition this
"angle -drift" fence is a coastal engineering structure, which is going onto the done;
the application also states that its purpose is to affect the wave action and thus the
erosion rate. In 1994, the intent of the commission was that moving the house was a
stop -gap effort to protect the house on a fast- erosion area. The commission should
get the boundaries reviewed before they are accepted on the plans.
Discussion
Review of failure criteria. The 5X5 posts are too large, and the gap ratio needs to be
•
maintained. It is important to have the boundaries reviewed.
Staff
From a 1994 order when house was moved, Condition 19 stated no coastal
engineering of any kind would be permitted on the bank and cites state regulations
and by -law; since then that has been adopted as a performance standard. Also in 2001
a nourishment project was permitted in front of this house. There has also been a
change in policy about placing conditions that bind future commissions. The house
was moved back since 1978; if that constitutes a substantial improvement, would
have to grant a waiver. Need to determine whether or not a sand -drift fence
constitutes a coastal structure.
Motion
Continued without objection to 01/23/2013
Vote
N/A
(W'.5013)
7. "Aguiar —
Duck Pond Lane (55.1.4 -14) SE48 -2518
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
No discussion
Staff
Review the project for the representative — demolition of structure located between
the 25- and 50 -foot buffer and bring structure straddling the line within compliance;
asked for waiver for net benefit for loss of structure and waiver for remaining
structure under no reasonable alternative /no adverse impact and a waiver under the
provision of semi- public way between the private and resource areas. Have
everything needed to close
Motion
Motion to Close. ( Glowacki) seconded
Vote
Carried Unanimously
Page 3 of 9
Minutes for Jmua 9. 2013, adopted Mar. 13
�m�tis)
8. •NIR Retail, LLC —14 Old South Wharf (42.2.4 -2) SE48 -2519
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Jonas Baker — Replace roof, presently steel frame with canvas; will construct a wood
and shingle shed roof.
Public
None
Discussion
None
Staff
Within 50 -feet of bulkhead and request waiver under no adverse impact/no
reasonable alternative. Another issue is that as a commercial structure it requires a
storm water protocol, which has been provided. Have everything needed to close.
Motion
Motion to Close. (Bennett) seconded
Vote
Carried Unanimously
(aQUZS)
9. *Howland—
90 Washington Street Ext. (42.2.3 -21) SE48 -2520
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Leo Asadoorian, Blackwell & Associates — Lost about half of the bulkhead during
the November 7"Nor'easter. Had to move existing pier pilings; but the existing
bulkhead is over 60 -years old. Proposal is to replace the existing. Reviewed how the
new one will be constructed and how material and small equipment would be brought
to the work site. Have been granted permission to access from Francis Street beach.
Have to replace beach stabs to the pier and signage.
Public
None
Discussion
Question about how long the new bulkhead will last, answer is hopefully another 60
years.
Staff
Had done an emergency certification for a damaged bulk head; that requires filing a
notice of intent within 90 days of the emergency. Tl1is is the result. Have everything
needed to close.
Motion
Motion to Close. (Braginton - Smith) seconded
Vote
Carried Unanimously
(01105195)
10. *Murray —
23 Bank Street (73.1.3 -55) SE48 -2521
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Dick Earle — Renovate and relocate main house away from Bank Street and construct
addition; replace the cottage, and remove the garage. Replacing the septic system to
be located in the center of the lot. House dates to pre-1938. Work would be within
25 -feet of the west coastal bank; asking for a waiver under the provision of a public
way between the private and resource areas.
Public
None.
Discussion
None
Staff
This is outside the flood zone. The coastal bank and buffer zone to the dune narrowly
cross onto the property and comer of structure; that is the only state jurisdiction.
Have everything needed to close.
Motion
Motion to Close. (Braginton- Smith) seconded
Vote
Carried Unanimously
Page 4 of 9
Minutes for Je rtary 9. 2013, adopted Mar. 13
(aena')
11. •Geschke Family N.T. — 78 Monomoy Road (43- 119 &311) SE48 -2523
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc - Propose 55 square foot one -story
addition to a structure within buffer zone of coastal bank resource area. Request
waiver based upon no adverse impact/no reasonable alternative.
Public
None
Discussion
None
Staff
Have everything needed to close.
Motion
Motion to Close. ( Bmginton- Smith) seconded
Vote
Carried Unanimously
(on1x�'(
12. •Zecher Shimmo Trust — 34 Shimmo Pond Road (43 -124) SE48 -2522
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc — Propose a 219 square foot 2 "d-
story addition supported on posts located within buffer zone to coastal bank. Request
waiver based upon no adverse impact/no reasonable alternative. Also propose a brick
walkway.
Public
None
Discussion
Question of height of addition above ground; answer is 7 to 9 feet. No concerns about
brick walkway in the lawn area.
Staff
Have everything needed to close.
Motion
Motion to Close. (Golding) seconded
Vote
Carried Unanimously
(.� "v)
13. •Dunn — 74 Millbrook Road (57 -3) SE48 -2524
Sitting
Oktay, Braginton - Smith, Bennett, Golding
Recused
Glowacki
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbwro, Blackwell and Associates Inc — Upgrade of existing septic
system. Failed system is located entirely within buffer zone. Propose a new tank, new
pump chamber, and new force main to carry effluent to a soil absorption system
completely outside the 100 -foot buffer zone. Waiver for some work within the 25-
foot buffer zone on the basis of long -tern net benefit. Showed a proposed de-
watering system where, while work is being done, the propane tank will be relocated
to the location. Request continuance.
Public
Bruce Perry, Third -party Consultant Conservation Commission — Wetlands on
abutters' properties are more than 100 feet away.
Discussion
Question about existence of wetlands new the soil- absorption system location;
answer did not have the ability or authority to investigate neighboring properties. The
GIS shows wetlands farther down the road.
Staff
Still waiting for Massachusetts Natural Heritage; will prepare a draft order.
Motion
Continued to 1/23/2013
Vote
N/A
14. Water's Edge N.T. —16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 2/6/2013)
Page 5 of 9
Minutes for January 9. 2013, adopted Mar. 13
III. PUBLIC MEETING
A. Minor Modifications
(.121 .)
1. Hauptman
-43 Massachusetts Ave. (60.3.1 -1.1) SE48 -2297
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors
Public
None
Discussion
None
Staff
On site inspection for a Certificate of Compliance, it was discovered an out -door
Motion to Issue. (Bennett) seconded
shower had been added on in a disturbed area.
Motion
Motion to Approve. (Bennett) seconded
Vote
Carried Unanimously
B. Certificates of Compliance
(013206
1. Hauptman
— 43 Massachusetts Ave (60.3.1 -1.1) SE48 -2297
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
None
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
101.:W
2. *Gut — 13
Columbus Ave. (59.3 -110) SE48 -2419
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Upon site inspection, did not see any issues. Recommend issue.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
Im:n ml
3. *Nantucket Islands Land Bank — 9 Wanoma Way (92.4 -321) SE48 -2117
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
For a set of beach stair subject to extension. Recommend issue.
Motion
Motion to Issue. (Golding) seconded
Vote
Carried Unanimously
Page 6 of 9
Minutes for January 9 2013 adopted Mar. 13
4. *Nantucket Islands Land Bank — 60,64,66 Washington Street (42.2.3 - 38,13,14) SE48 -2207
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Recommend issue.
Motion
Motion to Issue. ( Braginton- Smith) seconded.
Vote
Carried Unanimously
C. Orders of
Conditions (If the public hearing is closed — for discussion and/or issuance)
1. Thompson—
IA Crow's Nest Way (12 -23) SE48 -2502
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Moved structure away from coastal resource areas. Reviewed conditions. Waiver was
granted as no adverse impact/no reasonable alternative.
Motion
Motion to Issue. ( Braginton- Smith) seconded
Vote
Carried Unanimously
(013745)
2. Sydness —
4 Salt Marsh Road (55 -295) SE48 -2510
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Elevated patio adjacent to pool and re- vegetation of buffer zone. Waiver was granted
as no adverse impact/no reasonable alternative. Condition about fertilizer and
irrigation included. Attached comprehensive planting list and protocol. Monitoring
reports and hand materials and storage of materials.
Motion
Motion to Issue. ( Braginton- Smith) seconded.
Vote
Carried Unanimously
(mos,as)
3. Pearson &
Matter — 7 Ames Ave. (60.2.4 -40) SE48 -2515
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Upgrade of septic system and resource area boundary approval. Added condition
concerning fertilizer and irrigation. Waiver for leech facility under net benefit.
Motion
Motion to Issue. (Bennett) seconded
Vote
Carried Unanimously
Page 7 of 9
Minutes for Japuary 9. 2013, adopted Mar. 13
(01 W:W)
4.20 Straight Wharf, LLC — 20 Straight Wharf (42.3.1 -86) SE48 -2515
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Used applicant submitted protocols; does not require waivers.
Motion
Motion to Issue. (Glowacki) seconded
Vote
Carried Unanimously
(014133)
5. Aguim —
Duck Pond Lane (55.1.4 -14) SE48 -2518
Sitting
Oktay, Braginton - Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Included fertilizers and irrigation. Long -term net benefit.
Motion
Motion to Issue. ( Braginton- Smith) seconded
Vote
Carried Unanimously
(owW6)
6. NIR Retail,
LLC —14 Old South Wharf (42.2.4 -2) SE48 -2519
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
None
Staff
Nothing additional needed.
Motion
Motion to Issue. ( Braginton- Smith) seconded
Vote
Carried Unanimously
(0)43'.3'
7. Howland
— 90 Washington Street Ext. (42.2.3 -21) SE48 -2520
Sitting
Oktay, Braginton- Smith, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Public
None
Discussion
Question a need for additional conditions in regards to bringing in the barge; answer
is that it is temporary and requires deeper water.
Staff
Added fertilizer and irrigation. All else is standard conditions. Do not anticipate the
barge being an issue.
Motion
Motion to Issue. ( Braginton- Smith) seconded
Vote
Carried Unanimously
Page 8 of 9
Minutes for January 9 2013 adopted Mar . 13
8. Discussion of other closed notice of intent public hearings —
Murray, Geschke & Zecher — Nothing unusual will draft positive orders.
O'Brien — Discussion about whether or not a fence in fact protects a resource area and safety
issue. Staff directed to draft a positive order with a waiver for the project.
D. Other Business
1. Reports:
L Project Reports
ii. CPC — Nothing to report.
iii. NP &EDC - Nothing to report.
iv. Mosquito Control Committee - Nothing to report.
v. Coastal Management Plan — Next meeting Monday, January 14; FEMA presentation scheduled
for Monday, January 28 at 5 p.m.
vi. Other/Miscellaneous Reports
2. Commissioners Comment: Update on Mr. Steinauer.
3. Administrator
L Staff Reports: Hawthorne Lane Enforcement Order, improper brush cutting. Mark Rits, Site
Design Engineering, for owner, explained how the situation occurred; proposal to restore is to
allow vegetation to grow back naturally. Original 4 -foot wide path to be maintained by a
"walk- behind" mower only. Motion to Accept restoration proposal (Glowacki) seconded.
Carried Unanimously
ii. Asked if there is an interest from the members to do something in support of Mr. Steinauer.
iii.Minutes - None
IV. Public Hearing
A. Town of Nantucket Wetlands Regulations Revisions — Held.
Motion to Adjourn at 6:02 p.m.
Submitted by:
Terry L. Norton
Page 9 of 9