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Home My WebLink About2013-5-29Minutes for May 29, 2013, adopted Oct.2 NenT��;F, CONSERVATION COMMISSION 2 Bathing Beach Road ,o�.�` f� Nantucket, Massachusetts 02554 yip www.nantucket-ma.gov `61 Wednesday, May 29, 2013 4:00 P.M. 'yP0@A \EO - Zoe 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 4:11 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Oktay (acting chair), Karberg, Bennett, Golding, Glowacki Absent Members: Steinauer, Braginton -Smith Agenda adopted by unanimous consent *Matter has not been heard 1. PUBLIC MEETING A. Public Comment —None Z N It. PUBLIC HEARING n o z A. Notice of Intent � o 1. Rowe — 137 Wauwinet Road (11 -11.1) SE48 -2468 (cont to 6/12) 2. 87 Eel Point Road R.T. — 87 Eel Point Road (32 -11) SE48 -2564 r�ri m Sitting Oktay, Karberg, Bennett, Golding, Glowacki c7 Recused None R7 Documentation Supporting documents and plans. F m Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Submitted supplemental mflfanna tau tion address comments and concerns from the last hearing and revised plan. Ran through thepmqangRand reviewed the information. If approved, this project will be contiguous to those going on ughe �: 93, 99 & 101 Eel Point Road which have the same format of fence and materials proposed hem: After the winter storms, the new owner brought in over 1,200 cubic yards ICY) of sand. Main house is early 1980s; the cottage is a historic contributing structure. Length of structure is about 280 feet. Reports will be provided within 48 hours of a significant storm event. Reviewed the sand re- nourishment plan between the toe of the bank and the fence. A walking path will be maintained along the back of the fence. Explained the temporary irrigation for the plants on the bank: a hose on a timer installed by hand. Mike Ball, Wilkinson Ecological Design — Reviewed the 3 -zone planting scheme: upper, middle, lower. Patens are included on the project next door and explained that it is an experiment to see how it does. Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Pointed out that one structure is pre 1978 and that it is unfair ignore it because it no longer qualifies as the primary residence. Plants are identical to those proposed for the neighboring projects. Public Ellen Horde, 83 Eel Point Road — Expressed gratitude that the end of the project has been moved 10 more feet away from the property line and that sand replenishment will reflect a more natural now and the escrow account has been set aside in the event of failure. Emily MacKinnon, Nantucket Land Council — Reiterated previously expressed concerns. Would like to see erosion rate dam taken since the structure was installed. Do not believe there is no reasonable alternative. Question the long -term stability of the habitat and the net benefit. Also concerned about permitting the structure in front of a post 1978 house. Discussion Oktay — Expressed concern about the use of patens on the middle and upper zones; it is a salt marsh Plant. Discussion about replacing sand and fill after storm events in a way that matches natural erosion. Glowacki — Pointed out that the pre -1978 structure is closer to the bank than the post -1978 structure. Oktay — Suggested an alternative that places the coin bags in front of the pre -1978 structure. Discussion about use of patens on the coastal bank and whether or not is detrimental to the area. Golding — Expressed concern about the fragmented armoring of the North Shore. Extended discussion about protection when both an historical structure and a post -1978 structure exist. Staff Pointed out it is sort of a catch when projects don't end lot by lot and the commission has to render decisions lot by lot. Referred back to the performance standards for a coastal engineering structure. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (secended by: Karberg) Vote Carried unanimously Pagel of3 Minutes tot May 29, 2013, adopted Oct. 2 3. *93 Squam Road N.T. — 93 Squam Road (13 -1) SE48- Sitting Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Notice of Intent (NOI) to construct a house outside the 50 -foot buffer for a bordering vegetated wetland (BV W) and outside the 100 -foot buffer for the coastal bank. The septic is outside the I00 -foot buffers for both and will be graded and planted with beach grass to look like a dune. The lawn and existing irrigation will be expanded. It has been submitted on Massachusetts Natural Heritage so must remain open for their responses. Request a continuance. Arthur D. Gasbarro, Blackwell and Associates Inc. — There groundwater separation is 5 feet for septic systems. Public None Discussion Discussion about the groundwater flow direction and affect of perching. Staff Will prepare a draft order. Motion Continued to June 12 without objection. Vote N/A B. Amended Orders of Conditions 1. K22S, LLC — 22 West Chester Street (42.4.3 - 119.1) NAN -109 (cont to 6/12) 2. *Kans Holdings -10 Charles Street (29 -91) SE48 -2538 Sitting Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — A BV W is across the street, and the property is entirely within land subject to coastal flooding. Cottage front porch needs to be changed per Historic District Commission requirements; approximately 13 square feet (SF) additional will extend into the 50- foot buffer for the BV W. Public None Discussion None Staff Recommend approval. Motion Motion to Approve. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously 3. - Curran — 90 Tom Nevers Road (91 -41.1) SE48 -2327 Sitting Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Miroslava Ahern — All new work will be outside 25 -foot buffer for a coastal bank. Extending the lawn on the east side. Landscaping with hydrangea, privet and trees. West side moving the hot tub away from the beach. Public Discussion Review and clarification of the proposed plans and plantings. Staff Reviewed the original permit. Stated that the abutter voiced support to staff for the project. The lawn already existed within the 25 -foot buffer. Motion Motion to Approve. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously III. PUBLIC MEETING A. Request for Determination of Applicability 1. Hicks — 268 Polpis Road (25 -29) Sitting Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Jeannie Hicks — Work includes removal of a tree, renovation work on the house, and removal of a cottage that is rotting. Public None Discussion None Staff Property was formerly referred to as the Polpis Schoolhouse. Resource area boundaries have recently been approved. Recommend is for a Negative 3 for work within the buffer zone. Motion Motion to Issue as a Negative 3. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Page 2 of Minutes tot May 29, 2013, adopted Oct. 2 B. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. -K22S, LLC -22 West Chester Street (42.4.3 - 119.1) NAN -109 (Amended) (cont to 6/12) 2. -Kann Holdings — 10 Charles Street (29 -91) SE48 -2538 (Amended) 3. *Curran — 90 Tom Nevers Road (91 -41.1) SE48 -2327 (Amended) 4. •87 Eel Point Road R.T. — 87 Eel Point Road (32 -11) SE48 -2564 Sitting Okay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Public None Discussion Bennett — Tend to favor the tubes as it retains sand and doesn't dump it into the ocean. Abutting projects look pretty good after the heavy storms. Dating the main house is a concern. However he is in favor. Golding — Stated he is "grudgingly" in favor. Should probably be more specific about what is a structure in the regulations. Glowacki — There is a pre -1978 structure that warrants protection so in favor. Karberg — Concerned with permitting these structures that keep trailing; however it's not fair to ask the owner to keep doing something that isn't working. There is a pre -1978 structure and interested in seeing how the native plantings will do. "Grudgingly" in favor. Oktay — There have been statements that the previous project failed, but I do not have evidence in front of me that support that. Expressed concern that in the event of failure, applicants have the idea of pulling the project back closer to the bank; stated the opinion that is not necessarily the best solution. Discussion about impact reports received in regards to other similar projects and a formal mechanism to disseminate the information from those reports to the commissioners. Staff Pointed out that Commissioners Steinauer and Braginton -Smith still have the ability to certify back onto the board. Has to be issued within 21 days. Would template a positive order off the Order of Conditions prepared for the abutting project and matching the language for waiver requests. Motion None Vote N/A 5. •93 Squam Road N.T. — 93 Squam Road (13 -1) SE48 -_ (cont 6112) 6. Discussion of other closed notice of intent public hearings C. Other Business 1. Reports: a. CPC — Glowacki stated he will not be able to be the representative next year. b. NP &EDC — Bennett c. Mosquito Control Committee — Oktay d. Coastal Management Plan — Oktay e. Other 2. Approval of Minutes - None 3. Commissioners Comment - None 4. Administrator/ Staff Reports: a. 20 Easy Street Order of Conditions — This was appealed, as a result the Department of Environmental Protection (DEP) has issued a final Order of Conditions asking ConCom to off= the Final Order of Condition. Review of changes from the original to the order sent down from DEP. Staff recommends affirm. Golding asked where it exfiltrates to. Bill Hunter, Vaughan, Dale, Hunter and Beaudette, P.C. answered that John Bracken, Bracken Engineering designed the system which was approved by DEP. Motion to Affirm the final Order of Conditions. (made by: Glowacki) (seconded by: Bennett) carried unanimously b. Pointed out that the commission needs to think about an effective date for the regulations so that there is time to transition. 60 days is a good amount of time. c. Discussion about IV. PUBLIC HEARING A. Town of Nantucket Wetland Protection Regulations Review —Held for 6/12 Motion to Adjourn at 5:35 p.m. Submitted by: Terry L. Norton Page 3 0173