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HomeMy WebLinkAbout2013-6-26Minutes for June 26 2013 adopted Oct 2 Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki Called to order at 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Karberg, Bmginton- Smith, Golding, Glowacki Absent Members: Bennett Agenda adopted by unanimous consent *Matter has not been heard CONSERVATION COMMISSION 2 Bathing Beach Road z ... Nantucket, Massachusetts 02554 (_x_1 www.nmtucket- ma.gov Wednesday, Jane 26, 2013 4:00 P.M. i 2 Floor Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki Called to order at 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Karberg, Bmginton- Smith, Golding, Glowacki Absent Members: Bennett Agenda adopted by unanimous consent *Matter has not been heard a ° L PUBLIC MEETING z ... A. Public Comment -None � n i M IL PUBLIC NEARING y w M � A. Notice of Intent m 1. Fayaway R.T. — l l Lincoln Ave. (30 -136) SE48 -2570 Sitting Steinauer, Oktay, Karberg, Bmginum- Smith, Golding, Glowacki z -:3 m Recused None n o Documentation Supporting documents and plans. � Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Nothing new to add since_ She meeting. Stated the applicant would agree to using no- phosphorous fertilizer. Arthur Reads, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Public None Discussion (4:04) No phosphorous falls into the best practices adopted by the commission. Staff This was continued due to the lack of a file number. Motion Motion to Close. (made by: Oktay) (seconded by: Kmberg) Vote Carried unanimously 2. Shimmo Hills, LLC — 9 North Road & 8 &12 Middle Valley Road (43- 131.1, 160 & 162) SE48 -2568 Sitting Steinauer, Oktay, Braginton- Smith, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Request continuance. Public None Discussion (4:06) none Staff None Motion Continued for July 10 without objection. Vote N/A Page 1 of 6 Minutes for June 26, 2013, adopted Oct. 2 3. - Silver— 45 Starbuck Road (59.3 -50) SE48 -2571 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Addition to existing single - family dwelling (SFD) & septic upgrade. location is off White Goose Cove of Long Pond. Abuts a bordering vegetative wetland (BV W) is located along Long Pond & top of bank, and there is a flood plain on a part of the property. No work within 50 -foot buffer. Do not anticipate water issues with the foundation. Run off should get natural infiltration before reaching the pond; a dry well is a possibility. Not proposing fertilizers. Asked for continuance Public Joe Carroll, 49 Starbuck Road— Spoke against the proposed work. Concerned about increased wash off from an enlarged roof plane. The dunes along the pond have been knocked down and there could be a total breach in the area. There is evidence of use of fertilizer and irrigation on the lawn. The area is very sensitive. Referenced a letter he submitted. Contends the records in the Assessor Office do not reflect the existing conditions. Discussion (4:07) Steinauer— Pointed out that the committee has to make its decisions based on existing regulations and flood zones; not on what might happen in the future. This project fits within the regulations as they exist. Asked about the roof run off and what would happen to that. Oktay —Asked about use of fertilizer and attaching a condition to that affect. The dry well would be a good idea for the roof run off. What is proposed is better for the wetlands. Golding — Checking the ground cover as Mr. Carroll is contending an increase in the ground cover. Glowacki — Suggested it might be good to see as -built plans. Steinauer & Oktay — Reiterated that the proposed work is within the ConCom regulations and that is all the committee can look at. Steinauer — Asked for revised plans showing the drywell. Glowacki — Suggested the abutters be in touch with the staff so they can better understand ConCom jurisdiction and meeting protocol. Staff Lauentide's field inspection report is in the sheet passed around at the beginning of this hearing. (Commission read the report at the table.) What is in front of the committee is a certified surveyor's stamped plans. Motion Continued for July 10 without abjection. Vote N/A III. PUBLIC MEETING A. Request for Determination of Applicability 1. - Mackinnon — 106 Smfside Road (67 -80) Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Elizabeth Maury, Blackwell and Associates Inc. Public None Discussion (4:32) None Staff Recommend issue as a Negative 1. Motion Motion to Approve as a Negative 1. (made by: Glowacki) (seconded by: Okmy) Vote Carried unanimously B. Minor Modifications 1. *Sound View Management LLC — 29 Lincoln Ave (3040) SE48 -2496 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Asking for a minor modification to install a privet hedge, remove two horizontal juniper trees inside the 25 -foot buffer, and re- vegetation of what was lawn with native plantings. The hedge and re- vegetation are outside the 25 -foot buffer. Public None Discussion (4:33) None Staff Suggested 29 & 27 Lincoln Avenue be addressed together. Original was for grading and landscaping. The proposed landscape is a revision of the original proposal. There was an amended order issued to allow enclosure of the porch outside the resource areas. Recommend issued Motion Motion to Issue. (made by: Bmginton- Smith) (seconded by: Karberg) Vote Carried unanimously Page 2 of 6 Minutes for Jane 26 2013 adopted Oct 2 2. -Lincoln Holdings, LLC — 27 Lincoln Ave (30 -282) SE48 -2495 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Asking for a minor modification to install a privet hedge, remove two horizontal juniper trees inside the 25 -foot buffer, and re- vegetation of what was lawn with native plantings. The hedge and re- vegetation are outside the 25 -foot buffer. Public None Discussion (4:33) None Staff Suggested 29 & 27 Lincoln Avenue be addressed together. Original was for grading and landscaping. The proposed landscape is a revision of the original proposal. There was an amended order issued to allow enclosure of the porch outside the resource areas. Recommend issued Motion Motion to Issue. (made by: Braginton- Smith) (seconded by: Karberg) Vote Carried unanimously 3. -Thirty-Nine Hulbert LLC -39 Hulbert Ave. (29 -19) Sitting Steinaueq Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Minor modification to reconfigure existing deck and steps and construct a blue -stone patio. Reduce the size of the deck by 64 square feet (SF); on the side of the house an existing 418 SF deck will be removed and replaced with the patio; install a set of stairs and landing in place of that deck; proposed porch area would be extended 3 feet adding 40 SF Public None Discussion (4:41)None Staff Recommend issuing. Motion Motion to Issue. (made by: Oktay) (seconded by: Braginton- Smith) Vote Carried unanimously 4. -Hale — 117 Madakct Road (40-60.3) SE48 -1970 Sitting Steinaueq Oktay, Braginton- Smith, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Minor modification to expand the rear deck; it is outside the 50- but within the 100 -foot buffers. Two amended orders and one minor modification have been issued for this site. Public None Discussion (4:45) None Staff Recommend issue. Motion Motion to Issue. (made by: Oktay) (seconded by: Braginton- Smith) Vote Carried 5 -0 5. -GHYC — 96 Washington Street (55.1.4 -8) SE48 -2013 & SE48 -1665 Sitting Steinaueq Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Elizabeth Maury, Blackwell and Associates Inc. — The walkway suffered significant damage in the winter storms. Want to place gravel under the walkway; similar treatment as for the Dreamland. Steve Creese, General Manager GHYC — Has been repaired four times since 2010; have also had to reseed the lawn area each time as well. Public None Discussion (4:50) Oktay — Asked if there is a storm -water drainage plan. Discussion about how the water drains. Golding — The lawn will need to be replanted. Oktay — One could argue that it will protect the harbor from fertilizer. It changes the storm water protection plan as the water is more likely to just run off. Stated she would want assurance that the water will infiltrate properly before voting positively for this. Golding — Asked if the brick is sloped or completely level. Staff Bulkhead is about 3 or 4 inches high. Recommend based upon past history issue. Motion Motion to Issue. (made by: Glowacki) (seconded by: Golding) Vote Carried 5- 1 /Oktay opposed Page 3 of 6 Minutes for June 26. 2013- adorned Oct. 2 C. Certificates of Compliance 1. *Purple Wampum, LLC — 41 Jefferson Ave (3045) SE48 -2323 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Renovated the structure and added drainage system. Public None Discussion (5:00) None Staff No on -going conditions. Recommend issue. Motion Motion to Issue. (made by: Oktay) (seconded by: Golding) Vote Carried 2. *NILB — 21 Sesachacha Pond Road (21 -17) SE48 -2525 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:03) None Staff For a split -rail fence. Recommend issue with on -going Condition 22. Motion Motion to Issue. (made by: Oktay) (seconded by: Braginton- Smith) Vote Carried unanimously 3. •NILB- 60,64,66 Washington Street (42.2.3- 38 &14) SE48 -2544 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:05) None Staff For reconstruction of a bulkhead and installation of tie backs. Issue with on -going Condition 20. Motion Motion to Issue. (made by: Golding) (seconded by: Braginton- Smith) Vote Carried D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. - United States Coast Guard — 10 Boston Street (42.1.4 -10) SE48 -2569 Sitting Stelnauer, Oktay, Karberg, Bmginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:06) None Staff Added Condition 19 about siltation curtains. USCG dredged a total 2200 cubic yards. Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 2. - Dolphin Court R.T. — 6 Dolphin Court (42.4.1 -113) SE48 -2567 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:09) None Staff Corrected the file number on the positive order of conditions. Condition 20 requires a report for amount of herbicide used. No adverse impact and no alternative and long -term net benefit due to removal of the invasive species. Motion Motion to Issue as drafted. (made by: Glowacki) (seconded by: Braginton - Smith) Vote Carried unanimously Page 4 of 6 Minutes for June 26. 2013. adorned Oct. 2 3. *Fayaway R.T. — l l Lincoln Ave. (30 -136) SE48- Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Golding, Glowacki Rceused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:11) None Staff Condition requires materials be stored outside the 50 -foot setback. Requires waivers. Corrected error on the Order of Conditions. Motion Motion to Issue with that change. (made by: Glowacki) (seconded by: Braginton- Smith) Vote Carried unanimously 4. - Sullivan — 60 Cliff Road (30 -65) SE48 -2566 Sitting Steinauep Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:12) None Staff For work within the buffer zone. Connected the Order of Conditions to read "waivers are required ". Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 5. - Shimmo Hills, LLC -9 North Road & 8 &12 Middle Valley Road (43- 131.1, 160 & 162) SE48 -2568 Sitting Steimmer, Oktay, Karberg, Bragnton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (5:14) None Staff Cannot be issued as Massachusetts Natural Heritage has required changes. Motion Continued for July 10 without objection. Vote N/A 6. "Silver — 45 Starbuck Road (59.3 -50) SE48 -2571 front 7/10) 7. Discussion of other closed notice of intent public hearings E. Other Business 1. Reports: a. CPC — Glowacki b.NP &EDC —None c.Mosquim Control Committee — Braginton- Smith. Discussion about effectiveness of treatment and different insecticides. d. Coastal Management Plan — Oktay e. Other - none 2. Commissioners Comment: a. Golding - Attended HDC and was staggered by the amount of work. b. Steinauer — Asked if the resubmitted of the 'Sconset Beach Preservation Fund falls under the identical plan caveat. 3. Administrator /Staff Reports a. Reviewed present status of the new'Sconset Beach Preservation Fund project. When the project comes before ConCom, the commission will have legal counsel. Discussion about who determines what constitutes an emergency. b. Thanked John Braginton -Smith for his 6 years of service on the commission and wished Andy & Jen luck on their reappointment. Page 5 of 6 IV. PUBLIC HEARING A. Town of Nantucket Wetland Protection Regulations Review Motion to Close the public hearing. (made by: Okmy) (seconded by: Braginton- Smith) Carried unanimously Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Golding, Glowacki Recuwd None Documentation Supporting documents and plans. Representative None Public None Discussion Glowacki — Feels they should have the fmal text in front of them before voting to adopt. Feels he has not seen sufficient evidence for Black Pine to be labeled invasive and Rosa Rugosa labeled not to be invasive. As far as a discussion on the motion, wants his objections noted for the reasons stated. Staff Forgot to close the public hearing. Have the final draft which is on line. Motion Motion to Approve as drafted. (made by: Okay) (seconded by: Kmberg) Vote Carried 5 -1 /Glowacki opposed Motion to Adjourn at 5:36 p.m. Submitted by: Terry L. Norton Page 6 of 6