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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