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Home My WebLink About2013-5-15Minutes tor May 15, 2013, adopted Oct. 2 _a�yNTtiC,rE� UOIN NEt'RVA'I KEN UOMMINNION None �. Public 2 Bathing Beach Road °u Discussion None m Ul A CO o Nantucket, Massachusetts 02554 A licant is m to ether pp try' g g ground data and ground water flow direction towed the ocean dam. Since www.nantucket- ma.aoy BOO Motion None �rO Wednesday, May15, 2013 4:00 P.M. BnON0.iE� N/A 2. Town of 2nd Floor Training Room, 4 Fairgrounds Road Sitting Steinauer, Oklay, Karberg Braginton- Smith, Bennett, Golding, Glowacki Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), John Braginton- Smith, Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki Supporting documents and plans. Representative Called to order at 4:00 p.m. National Grid did on May 7. Changed the concrete bollards in the street due to traffic safety issues; will Staff in attendance: Jeff Carlson, Natural Resources Coordinator remove part of the fence and place bollards off to the side. Public Attending Members: Steinauer, Oktay, Karberg Braginton- Smith, Bennett, Golding, Glowacki Discussion Absent Members : None Stuff Have everything needed to close. Agenda adopted by unanimous consent Motion to Close. (made by: Bennett) (seconded by: Golding) Vote -Matter has not been heard 3. 273 Hummock Pond Road N.T. — 273 Hummock Pond Road (83 -3) SE48 -2556 Sitting I. PUBLIC MEETING Recused None A. Public Comment -None a ° Mark Rits, Site Design Engineering — Moving structures and an addition to the main residence. As of z last meeting we were waiting for file numbers and Massachusetts Natural Heritage. Have received both. II. PUBLIC HEARING c o A. Notice of Intent n .y 1. Rowe — 137 Wauwinet Road (11- 11.1)SE48 -2468 m rrI Sitting Steinauer, Oktay, Karberg Braginton- Smith, Bennett, Golding, Glowacki Vote O r*t Recused None ~ Documentation Supporting documents and plans. rrn O Representative None �. Public None r Discussion None m Ul A CO Staff A licant is m to ether pp try' g g ground data and ground water flow direction towed the ocean dam. Since they are not here, assume this will be continued for two weeks. Motion None Vote N/A 2. Town of Nantucket -1 &5 Candle, 2 &6 Commercial, 10 New Whale Streets (multiple) SE48 -2562 Sitting Steinauer, Oklay, Karberg Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Leo Asadoorian, Blackwell and Associates Inc. — Required to file for minor modification which National Grid did on May 7. Changed the concrete bollards in the street due to traffic safety issues; will remove part of the fence and place bollards off to the side. Public None Discussion (00:01:27)None Stuff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously 3. 273 Hummock Pond Road N.T. — 273 Hummock Pond Road (83 -3) SE48 -2556 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Moving structures and an addition to the main residence. As of last meeting we were waiting for file numbers and Massachusetts Natural Heritage. Have received both. Public None Discussion (00:04:36) None Staff The letters from Massachusetts Natural Heritage were of "no take" or "no adverse impact ". Have everything needed to close. Motion Motion to Close. (made by: Braginton- Smith) (seconded by: Bennett) Vote Carried unanimously Page 1 of Minutes for May 15, 2013, adopted Oct.2 4. 281 Hummock Pond Road N.T. — 281 Hummock Pond Road (83 -41) SE48 -2557 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Pits, Site Design Engineering— Moving structures and an addition to the main residence. As of last meeting, we were waiting for file numbers and Massachusetts Natural Heritage. Have received both. Public None Discussion (00:04:36) None Staff The letters from Massachusetts Natural Heritage were of "no take" or "no adverse impact'. Have everything needed to close. Motion Motion to Close. (made by: Braginton- Smith) (seconded by: Bennett) Vote Carried unanimously 5. Oak Hill Investments — 7 South Valley Road (43 -142) SE48 -2561 Sitting Steimmer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering— Have prepared a revised plan and submitted a summary letter incorporating new information. Test pit revealed all sandy material and no mottling or weeping to a depth of 10 feet. Foundation of the pool will be about 2.4 feet above the ground water. A comer of the property is in Massachusetts Natural Heritage habitat; their response was that all work is outside the jurisdictional area. Stated that the attorney for this project has been in contact with the neighbor's attorney. Public None Discussion (00:06:46) Glowacki — Pointed out that the project was continued to allow the neighbors ample opportunity to review the project and changes. Staff The neighbor has been informed of the revisions. Have everything needed to close. Motion Motion to Close. (made by: Braginton- Smith) (seconded by: Bennett) Vote Carried unanimously 6. Sankaty Head Golf Club —IS Hoicks Hollow Road (23 -9) SE48 -2560 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Mark Rills, Site Design Engineering— At the end of the last meeting, were missing the file number. After - the -fact notice filing for an emergency retreat and configuration of the beach club as a result of erosion. Reviewed emergency work that was done. If birds are present, we will hold off or take appropriate action with a bird monitor, or do whatever is deemed appropriate. Public None Discussion (00:10:07) Oktay — Concerned about access to the beach to remove the concrete items. Staff The pedestrian passage is wide enough to allow for a Bobcat to get down and up. Have everything needed to close. Motion Motion to Close. (made by: Braginton- Smith) (seconded by: Bennett) Vote Carried unanimously Page 2 of 7 Minutes for May 15, 2U 13, adopted Oct. 2 7. "Dougherty — 23 & 25 Pilgrim Road (41 -98 &616) SE48- Sitting Steinaueq Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Packet provides an aerial view of the property. Notice of Intent (NOI) for construction of a single - family dwelling with an attendant garage /cottage with access off Pilgrim road. Does not require filing with MISA and is served by public water and sewer. There is a buffer zone for wetlands across Pilgrim Road that catches the comer of the lot. No work is proposed within the 25 -foot setback; a small amount of grading is proposed between the 25- and 50 -foot setbacks; do not trigger the threshold of more than 50% change within that area. Majority of the site is within the 100 -foot setback. Site was previously developed. Received the DEP file number. At this time, there is no irrigation request; there will probably be one in the future. All trees are outside the 100 -foot buffer. Public None Discussion (00:12:35) Bennett — There are two poles with flood lights on them; those should be removed. Discussion about adding fertilizer use in the order of conditions. Steineuer — Asked about the proposed landscaping plan. Staff Site visit revealed that the site has not been mowed in at least one year. The Land Bank intends to remove the light poles. Pointed out that if they do chose to use fertilizer, it must be in accordance with Article 68. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Braginton- Smith) Vote Carried unanimously 8. •87 Eel Point Road R-T. — 87 Eel Point Road (32 -11) SE48- Sitting Swimmer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. —NOI for a restore and enhance a coastal dune and stabilize a coastal bank. This property has an existing sand -drift fence and order of conditions. The proposal is to install sand -filled coir tubes behind the existing fence. Have been unable to stabilize the plantings due to erosion. Plan to stabilize the upper portions of the coastal bank through natural and artificial processes by nourishing behind the sand -drift fence. Propose also to add piling behind the existing fence to support the tube. The smaller of the two structures, which are in close proximity to the bank, predates 1978. Seek a waiver under long -term net benefit through the continuous supply of clean and compatible sediment source for adjacent resource areas. Suggested that this project in conjunction with other similar structures along the bank will provide the commission with pilot -study data. Propose to establish an escrow fund of $30,000 for the complete removal of the structure in the event of failure. Material access will be from existing driveway to the top of the bank; material to be stored on the property; vehicle access will be via Land Bank property at 40a Pole pending their approval with no storage or fueling of vehicles on the beach. Addressed a letter from the abutter, Ellen Harde at 85 Eel Point Road, with respect to concerns of impact on her adjacent property. Do not anticipate accelerated erosion of her property due to this structure. Request a continuance. Arthur Reade, Reads, Gullicksen, Hanley, Gifford & Cohen LLP — The main house dates to the early 1980s. Public Emily MacKinnon, Nantucket Land Council — In terns of the waivers being requested, there is an alternative through the project on site at the moment. Eroding coastal banks don't always have stable vegetation. The coastal bank is doing what it is supposed to do and the resource area is not benefitting. This is for protecting the structure. Discussion (00:22:11) Bennett — Asked if the adjacent lot had implemented a control retreat and was that proposed for this lot as well. (Answer: yes, it will be reported through the regular analysis.) Oktay — Asked about the present situation. (Answer: it is presently fully nourished.) Asked for numbers in regards to sand nourishment from the winter storms. Asked if there is a public easement. (Answer: yes, it is not used; however the structure will not preclude its use.) Steineuer —Noted that the armoring of the lot is being fragmented a lot at a time. Don't know what the impact of a small number would be much less a large number of these structures. Given that this area has a relatively slow rate of erosion, wonder if this committee should hold back on some of these structures. Oktay — Under the serious storms of this past winter, not a lot was lost here. Staff Do not have a file number. Motion Continued to May 29. Vote N/A Page 3 of 7 Minutes tot May 15, 2013, adopted Oct.2 Amended Orders of Conditions 9. K22S, LLC -22 West Chester Street (42.4.3 - 119.1) NAN -109 Sitting Steinauer, Meaty, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — The size of the footprint overall has been reduced 278 square feet (SF) and the size of the structure within 50 -feet of the bordering vegetated wetlands has been reduced down to 111 SF. The garage inside the buffer zone is being razed and a new on constructed outside the buffer zone. All other aspects of the NOI remain the same. Plan to maintain the hydrology of the wetlands so that they are not drained. Roof drainage will go to a drywell in the driveway, which has been redesigned to an infiltrator system in the front lawn and an underground propane tank outside the buffer zone. There will be a sump pump in the crawl space, which will be a water -proof slab and water -proof walls, to eliminate any water that might seep into the water -proof crawl space. The geo- technical engineer has recommended going with 30 to 35 screw pilings and the slab set on top of the pilings. Rick Beaudette, Vaughan, Dale, Hunter and Beaudette, P.C. —Noted that the remand was by agreement, because the Historic District Commission had required some small changes; we wanted to make sure ConCom approved those changes. Reduced the foot print and moved the house back and showing a filtration system. The process has been stayed for only 90 days. Zachary Basinski, Bracken Engineering — The volume going in is 1.03 %. Public Susanne Howard, for Trudy Howard at 20 West Chester Street — Commented on Mr. Carlson's legal analysis. We read the order of conditions as requiring under Condition 14 that if there is a change, the applicant is to inquire in writing to the commission if the change is significant enough to require a new NOL That request was never made. At the court, it was implied that there was a new plan to run a pipe down West Chester Street and the neighbors would be allowed to hook in and be saved from the wetland flooding. Under that, the Department of Public Works (DPW) needed to be involved. The plan did not show where this water would be discharged. Explained the complications caused by this plan and the effect on other people and resource areas. Would like the commission to look at the entire project, which goes well beyond minor structural changes. This project cannot exist without this pipe. Asked my lawyer to respond to the issues presented in the applicant's letter because the law and facts do not agree. Expressed concern about disclosure in regards to this project. Believes this should be a full new NOL Bob Taylor, Special Engineer and Land Surveyor — These are separate drainage networks but the same geology. Noted his concems were in writing. Reviewed the consequences addressed in his letter dated May 9, 2013. Discussion (00:50:24) Reviewed the provided water statement. Braginton -Smith — Pointed out that the Lily Pond drainage is not connected in any way to this system, that it comes from the other side of Gull Island Road and runs between American Seasons and the residents running parallel to Lily Street. This pipeline runs behind the house under the berm severing any flow toward the houses and meets a clay pipe running down West Chester Street. DPW will be trying to establish proper drainage through pipe replacement in the new future. Okmy — Believes they are connected hydrologically. Staff Local filing from October which was approved and given a positive order. It was appealed; in the appeal process, changes were made to the design. The judge has remanded this back to ConCom. K22S LLC has filed for an amendment; it was advertised as such and abutters re- noticed. If in the process the commission feels it is well beyond an amendment, you can refuse to hear it as an amendment and they will have file as a new NOI. Explained why the amended orders were re- noticed to the abutters. Further explanation of the legalities of this particular Amended Orders of Conditions. Single- family dwellings are normally exempt from DEP storm -water regulations; but the local regulations don't separate that out. It has been the local policy for follow DEP regulations in the event of single- family dwelling. Motion Continued Vote N/A Page 4 of 7 Page 5 of 7 Minutes for May 15, 2013, adopted Oct. 2 No audio exists for rest of meeting. III. PUBLIC MEETING A. Certificates of Compliance 1. *Far Greater Folly — 73 Squam Road (13 -11.2) SE48 -2306 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused Documentation Supporting documents and plans. Representative Public Discussion Staff Motion (made by: ) (seconded by: ) Vote Carried B. Orders of Conditions (Ifthe public hearing is closed —for discussion and/or issuance) 1. K22S, LLC -22 West Chester Street (42.4.3 - 119.1) NAN -109 (Amended) (continued) 2. *Town of Nantucket —1 &5 Candle, 2 &6 Commercial, 10 New Whale Streets (multiple) SE48 -2562 Sitting Steinauer, Oktay, Karberg, Bmginton- Smith, Bennett, Golding, Glowacki Recused Documentation Supporting documents and plans. Representative Public Discussion Staff Motion (made by: ) (seconded by: ) Vote Carried 3. •273 Hummock Pond Road N.T.-273 Hummock Pond Road (83 -3) SE48 -2556 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused Docmnentation Supporting documents and plans. Representative Public Discussion Staff Motion (made by: ) (seconded by: ) Vote Carried 4. +281 Hummock Pond Road N.T. — 281 Hummock Pond Road (8341) SE48 -2557 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused Documentation Supporting documents and plans. Representative Public Discussion Staff Motion (made by: ) (seconded by: ) Vote Carried 5. -U.S. Fish and Wildlife— Eel Point, Coawe Point, Muskeget Island (multiple) SE48 -2558 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused Documentation Supporting documents and plans. Representative Public Discussion Staff Motion (made by: ) (seconded by: ) Vote Carried Page 5 of 7 Minutes for May 15, 2013, adopted Oct. 2 6. *Nantucket Yacht Club —I South Beach Street (42.4.2 -10) SE48 -2559 Sitting Steinaueq Oktay, Karberg, Bmginton- Smith, BeaneM Golding, Glowacki Recused Representative Documentation Supporting documents and plans. Representative Discussion Public Staff Discussion Motion Staff Vote Motion (made by: ) (seconded by: ) Vote Carried 7. -Oak Hill Investments — 7 South Valley Road (43 -142) SE48 -2561 Sitting Steinaueq Oktay, Karberg, Braginton - Smith, Bennett, Golding, Glowacki Recused Sitting Documentation Supporting documents and plans. Representative Documentation Public Representative Discussion Public Staff Discussion Motion (made by: ) (seconded by: ) Vote Carried 8. •Sankaty Head Golf Club —18 Hoicks Hollow Road (23 -9) SE48 -2560 Sitting Steinaueq Okmy, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused Representative Documentation Supporting documents and plans. Representative Discussion Public Staff Discussion Motion Staff Vote Motion (made by: ) (seconded by: ) Vote Carried 9. -Dougherty — 23 & 25 Pilgrim Road (41 -98 &616) SE48- Sitting Stemauer, Oktay, Karberg, Bragnton- Smith, Bennett, Golding, Glowacki Recused Documentation Supporting documents and plans. Representative Public Discussion Staff Motion (made by: ) (seconded by: ) Vote Carried 10. *87 Eel Point Road R.T. — 87 Eel Point Road (32 -11) SE48 -_ (continued) 11. Discussion of other closed notice of intent public hearings C. Other Business 1. Reports: a. CPC b.NP &EDC c. Mosquito Control Committee d. Coastal Management Plan e. Other 2. Approval of Minutes 3. Commissioners Comment 4. Administrator: a. Enforcements b. Staff Reports Page 6 of 7 Minutes for May 15, 2013, adopted Oct. 2 IV. PUBLIC NEARING A. Town of Nantucket Wetland Protection Regulations Review Motion to Adjourn at Submitted by: Terry L. Norton Page 7 of 7