The URL can be used to link to this page

Home My WebLink About2013-4-17Mumma rot April 17, 2013, adopted Oct. 2 aPNiucrE\ (,UNN KVAI MIN l,V1V11V11nQJ"1N is t4 2 Bathing Beach Road 02554 Nantucket, Massachusetts ,,; www nantucket- ma.eov ycO�te Wednesday, April 17, 2013 4:00 P.M. 9PoOATE� 2nd 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 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Oktay, Karberg, Braginton- Smith, Bennett, Golding Absent Members: Steinauer, Glowacki Agenda adopted by unanimous consent z *Matter has not been heard Z 1. PUBLIC MEETING '� a c n A. Public Comment -None n —I M � m IL PUBLIC HEARING M c„I o A. Notice of Intent m I. Eel Point Beach LLC —121 Eel Point Road (33 -16) SE48 -2554 0 '� < Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding z —3 m0 Recused None r-+ n o Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Submitted revised mat Cpl. WOrer applicant has opted to remove the Coir tubes from the application; at this point it isjust fora sand -drift fence and bank nourishment in respect to the recent erosion. Amenable to annual monitoring, providing nourishment and branding materials. Desire is to build up the base of the bank. Also, changed the fence type t: supported by 8" posts, 1X2 pickets providing a 1" gap with diagonal braces for structural rigidity, and Simpson strong -drive structural wood -screw 5" fastener with screws coated to survive the marine environment. Vegetated with beach grass at the head of the bank to % down. All conditions are as previously proposed. Believe the volume of replenishment of sand will continue to be the same. Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public None Discussion No discussion. Staff Have everything necessary to close. Motion Motion to Close. (Bmginton- Smith) seconded Vote Carried unanimously 2. Elizabeth Bagley Descendents Trust — 123 Eel Point Road (33 -16) SE48 -2547 (cont to 5112013) 3. Lilly— 55 & 57 Hulbert Ave. (29- 12 &I1) SE48 -2552 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — For in -kind replacement of damaged bulkhead; have added foundation repair to the application since last hearing. Storm surge caused damage to structural supports; beams will be slid under the house then lifted and cribbed and concrete footings poured with new columns inserted. No work is outside to existing foot print. Will use the same excavator as for work on bulkhead and other work by hand. Site will be restored to existing condition after work. There might have to be a small access way created to access the crawl space. From photos, it appears the timber supports had rotted and were subsequently damaged through settling by the storm surge. The deck falls under normal maintenance. Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public None Discussion (00:1135) Golding — Photos indicate there will be work on the deck. Staff Massachusetts Natural Heritage letter indicated no take and time -of -year restrictions relate to machinery on the beach in the Plover area. Have everything necessary to close. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried unanimously Page 1 of 6 Minutes for April 17, 2013, adopted Oct. 2 Sitting Oktay, Karberg, Braginton - Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative Mark Rils, Site Design Engineering —House and detached garage and pervious driveway on land with a wetland. The garage has been moved out of the 50' buffer. Red maple has been removed from the planting scheme, and have discussed with staff the New England Welland seed mix; will submit a final seed mix before start of work. Reviewed results of a soil test from several years ago that went down about 10 feet; on April 16, did a few hand -auger holes in the vicinity of the structure and could not locate a shallow clay layer within 2 or 3 feet of the surface. Requested a waiver for 2 -foot ground water separation and a small portion of the side stoop will enter into the 50' buffer. There will be no basement; it will be a slab construction. If there is a need for dewatering, will have to come back. The project is going through the Historic District Commission process and might have to come back should that commission require the foot print to be reduced. Public None Discussion Oktay— Had asked for dewatering. Bennett — There had been talk of a basement. Oktay — Asked if the stoop could be moved. (Answer: at this time, no.) Staff The seed mix is related to the Hammock Pond bike path. As a result of that, all seed mix in applications before ConCom are affected to ensure the seed mix are not introducing species either not found on Nantucket or are inappropriate. Using Massachusetts Natural Heritage publishes a county by county atlas and "Vascular Nonvascular Plants" by Peter Dunwitte, have created a seed mix that checks out on everything we have. It is an opportunity for a company to have a wetland seed mix for Nantucket that has been approved by ConCom. There are two waivers required; one is for work within the wetland and revegetation of the 50' buffer. Have everything necessary to close. Motion Motion to Close. (Bennett) seconded Vote Carried unanimously 5. Rupp & Butswinkas — 6 Harbor Terrace (55 -51) SE48 -2553 Sitting Okay, Karberg, Braginton - Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — The deck has been reconfigured so there is no intrusion into the 25' buffer and removing the "kiddie pool" water feature and constructing an outdoor shower outside the 50' buffer. The deck was reconfigured to make use of a heavily disturbed area. Public None Discussion (00:27: 18) None. Staff Received a letter stating this is outside Massachusetts Natural Heritage jurisdiction. Have everything necessary to close. Motion Motion to Close. (Braginton- Smilh) seconded Vote Carried unanimously 6. -Town of Nantucket -1 &5 Candle, 2 &6 Commercial, 10 New Whale Streets (multiple) (cont to 5/1/2013) 7. -Blue Shutters R.T. — 4 Hulbert Ave (42.1.4 -2) SE48 -2555 Sitting Oktay, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — This is to elevate the main structure 2 to 2 '/2 feet to bring it into compliance with the national flood - insurance program. There is a bordering vegetated wetland (BV W) and land subject to coastal flowage. The existing dwelling is partially within the 25' and 50' setbacks, and the site is entirely within the 100' setback. Waivers are required for work within the 25' and 50' buffers due to the addition of steps and 2 -foot separation from ground water for the foundation work; the waivers are requested under no reasonable alternatives that would allow the project to proceed. Access will be from the circle way. Arthur Reade, Ronde Gullicksen Hanley & Gifford LLP Public None Discussion Staff Motion Vote (00:20:35) Discussion about the foundation going to a crawl space no basement. Have everything necessary to close. Motion to Close. (Bennett) seconded Carried 4 -0 Page 2 of 6 Minutes for April 17, 2013, adopted Oct. 2 8. -273 Hummock Pond Road N.T. —273 Hummock Pond Road (83 -3) SE48 -2556 Sitting Oktay, Karberg, Bmginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering— This and 281 Hummock Pond Road N.T. are actually together. Proposal is to move a large residence to the north side of the property outside the 50' buffer of a BV W adjacent to Hummock Pond and construct an addition; it will displace a small structure; a second structure which will be moved outside the 100% all structures will be hooked to a large common septic located outside the 100' buffer for the coastal and fresh -water resources. The moves will be into previously disturbed areas; there will be a small amount of grading, 1 to 3 feet, on the north side of the proposed house location; no work to take place inside the 25'; there will be minor grading in the 25 to 50% and an existing gravel drive will be relocated along the southern portion of property outside the 50' buffer. The foundation for the existing structure will be back filled and revegetated with native plants from other areas of the properties. Stated the belief that the new structure's basement does not require a waiver for ground -water separation. Request continuance. Public None Discussion qlu: :05) Discussion about the driveway which accesses other properties and whether or not there is room for it to move should erosion occur. Oktay — There is an existing permit for a constructive dune for the two properties; asked if it would be maintained. (Answer: yes.) Staff Where the house is being moved to, there are buffers zones from the pond B V W, land subject to coastal storm flowage and a coastal bank. Still waiting for a letter from Massachusetts Natural Heritage, so can't close. Staff will prepare a positive order for May 1 2013 meeting. Motion Continued to May 1, 2013 Vote N/A 9. *281 Hummock Pond Road N.T. — 281 Hummock Pond Road (83 -41) SE48 -2557 Sitting Oktay, Karberg, Bmginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — This and 281 Hummock Pond Road N.T. are actually together. Proposal is to move a large residence to the north side of the property outside the 50' buffer of a B V W adjacent to Hummock Pond and construct an addition; it will displace a small structure; a second structure which will be moved outside the 100'; all structures will be hooked to a large common septic located outside the 100' buffer for the coastal and fresh -water resources. The moves will be into previously disturbed areas; there will be a small amount of grading, 1 to 3 feet, on the north side of the proposed house location; no work to take place inside the 25'; there will be minor grading in the 25 to 50'; and an existing gravel drive will be relocated along the southern portion of property outside the 50' buffer. The foundation for the existing structure will be back filled and revegetated with native plants from other areas of the properties. Stated the belief that the new structure's basement does not require a waiver for ground -water separation. Request continuance. Public None Discussion (00:34:05)Dlscussion about the driveway which accesses other properties and whether or not there is room for it to move should erosion occur. Oktay — There is an existing permit for a constructive dune for the two properties; asked if it would be maintained. (Answer: yes.) Stuff Where the house is being moved to, there are buffers zones from the pond, BV W, land subject to coastal storm flowage and a coastal bank. Still waiting for a letter from Massachusetts Natural Heritage, so can't close. Staff will prepare a positive order for May 1 2013 meeting. Motion Continued to May 1, 2013 Vote N/A 10. Water's Edge N.T. —16 Medouie Creek Road (20 -26) SE48- 2417(withdraw) Motion to Accept the withdrawal without prejudice. (Bennett) seconded. Carried 4- 0/Karberg reused Page 3 of 6 Minutes for April 17, 2013, adopted Oct. 2 III. PUBLIC MEETING A. Requests for Determination of Applicability 1. - Estate of David Gray, Jr. — 7 Almanac Pond Road (25 -15) Sitting Oktay, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Request for determination of the resource area for a BV W and for work within the buffer zone for drilling a new well for drinking water; the well will be 43 feet from the resource area. Public None Discussion (00:43:41) Discussion about reasons for a new well. Staff The resource area was verified with soil test pits, and received verification that the flags were hung correctly. This stretch (BV W 4 to 15) does not constitute all wetlands on the property. Recommend issue as a Positive 2 on the flags as shown on 4 to 15 and Negative 3 on work in the buffer zone. Motion Motion to Issue. (Bennett) seconded Vote Carried 4 -0 B. Certificates of Compliance 1. "Thayer — 20 & 22 Sconset Ave. (49.3.2- 21 &22) SE48 -1386 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (00:47:25) None Staff Dated from 2000, this is for the construction of a single - family home and garage and installation of a lawn area. Recommend it be issued. Motion Motion to Issue. (Bennett) seconded Vote Carried unanimously C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. - Lilly -55 & 57 Hulbert Ave. (29- 12 &11) SE48 -2552 Sitting Oktay, Karberg, Braginlon- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (00:48:44) Golding — Asked that the matment for the bulkhead be limited to once a year. Staff For repair of the existing bulkhead and foundation. Because this is within land subject to coastal flowage and 50' buffer for the coastal bank, added in the waiver for no adverse impacuno reasonable alternative as it relates to the foundation components. Explained the specificity of the condition about the treatment in the bulkhead; pointed out the applicant can request an amendment. Motion Motion to Approve. (Bennett) seconded Vote Carried unanimously 2. *Oak Hill Investments — 2 Franklin Street (41- 268&269) NAN -112 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (00:52:00) Discussion about storage of material during work. Staff For construction of a dwelling with detached garage, pervious driveway, restoration of the resource area and its buffer zone, and some grading. Condition 19: all planting lists seed mixes to be filed for staff approval prior to beginning work. Also a monitoring report at the beginning and end of the growing season to demonstrate the condition and composition of the resource area and buffer zone for 3 years or until the compliance is issued. Three waivers in one: 2' separation from ground water, work within the BV W under long -term net benefit, and the stairs intruding into the 50' buffer under no adverse impact/no reasonable alternative. There is no request for dewatering but if they want to do anything above and beyond this permit, they have to come back. Will add Condition 21 stating all material to be stored outside the 50'setback. Motion Motion to Approve as amended. (Golding) seconded Vote Carried unanimously Page 4 of 6 Minutes for April 17, 2013, adopted Oct. 2 3. -Rupp & Butswinkas — 6 Harbor Terrace (55 -51) SE48 -2553 Sitting Oktay, Karberg, Brginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (00:55:40) Oktay — Asked if no fertilizer was covered in the order. Staff The only condition is that everything has to be done in conjunction with filed protocols. Waiver for the deck inside the 50' buffer under no adverse impact/no reasonable alternative to include removal of the water feature. Explained that he tries to put structures or removal of structures under net benefit. Expects that once the water feature is removed and the land leveled, adjacent native plants will take over. Will add that no fertilizer or irrigation is permitted. Motion Motion to Issue. (Bennett) seconded Vote Carried unanimously 4. -Blue Shutters R.T. — 4 Hulbert Ave (42.1.4 -2) SE48 -2555 Sitting Oktay, Bmginton - Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans. Representative None Public None Discussion (00:58:53) None Staff Reads much the same as the Order of conditions for the garage. Did add no fertilizer /no irrigation permitted and construction material to be stored outside the 50' setback. The waiver for stairs within the 50' setback. Resource areas are the land subject to coastal storm flowage and the BV W. Need to update the condition to reflect the DEP file number. Motion Motion to Issue. (Bennett) seconded Vote Carried 4-0 5. *273 Hummock Pond Road N.T. — 273 Hummock Pond Road (83 -3) SE48 -2556 (cont to 5/1/2013) 6. *281 Hummock Pond Road N.T. — 281 Hummock Pond Road (83 -41) SE48 -2557 (cons to 5/1/2013) 7. Discussion of other closed notice of intent public hearings: Eel Point Beach LLC —121 Eel Point Road (33 -16) SE48 -2554 Sitting Oktay, Karberg, Bmginton - Smith, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (01:00:48) Discussion about the benefit of the monitoring reports for erosion and replenishment using 700 square feet of sand a year. This property used to be heavily vegetated with trees. Staff Will prepare the standard Order of Conditions that has been used for other similar projects. Added the condition that this project is dependent upon the owner obtaining permission from Nantucket Islands Land Bank to access the beach across their property. Motion Motion to Approve. (Bennett) seconded Vote Carried unanimously D. Other Business 1. Reports: a. CPC —None b. NP &EDC — Bennett c. Mosquito Control Committee — Brginton -Smith d. Coastal Management Plan — Oktay e. Other i. Harbor Plan—Oktay ii. Shellfish Management Plan Implementation Committee is being formed — Oktay iii. Article 68 Implementation Committee is being formed - Staff 2. Approval of Minutes — None 3. Commissioners Comment — None 4. Administrator /Staff Reports a. Commissioner seats up for reappointment this year — Town Administration has sent the letters out to remind sitting members whose seats are up this year to submit applications for reappointment. b. Enforcement order: Congdon, Tuckemuck — Staff was contacted by the owner's attorney Whit Gifford. Staff was asked if the debris once gathered could be stored inland until a means of proper disposal could be secured. Also was assured that the structure would be moved away from the bank. Page 5 of 6 Minutes for April 17, 2013, adopted Oct. 2 c. Enforcement order: 14 Almanac Pond Rd — Staff has arranged to meet with the Landscaper to discuss now to rectify the cutting and establish a restoration plan. The owner has hired Brian Madden of Laurentide Environmental Consultants, Inc. d. Enforcement order: 47 West Chester Street— Staff has arranged to meet with the owner on the site. e. Enforcement order: O'Brien, Medouic Creek Road — Staff has not yet heard from the owner in response to the enforcement letter. f. Violation: Hummock Pond Road Bike Path — Staff has settled on an appropriate seed mix and a meeting on site is scheduled to discuss other issues. No formal enforcement has been issued as yet g. Invasive Species: information has been sent out. Discussion held for May 1, 2013. IV. PUBLIC HEARING A. Town of Nantucket Wetland Protection Regulations Review —Held for May 1, 2013 Motion to Adjourn at 5:22 p.m. Submitted by: Terty, L. Norton Page 6 of 6