HomeMy WebLinkAbout2013-7-10Minutes for July 10, 2013, adopted Oct 16
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Called to order at 4:04 p.m. £ m p
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes$ake J
Attending Members: Steinauer, Oktay, Karberg, Golding, Glowacki, Johnson
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Absent Members: Bennett A �
Agenda adopted by unanimous consent
*Matter has or been heard
I. PUBLIC MEETING
A. Public Comment:
Steven Cohen, Beside, Gullicksen, Hanley, Gifford & Cohen LLP— Stated that the'Sconset Beach Preservation Fund
has filed a NOI to be heard at the next meeting July 24. Expressed the hope that the board would consider an expedited
process due to an urgency to have permits in place by the end of August. Steinauer — Stated he would like to ensure the
project receives the attention it is due and if that means more meetings, so be it. Kevin Dale, Vaughan, Dale, Hunter and
Beaudette, P.C. — Spoke in favor of an expedited process.
11. PUBLIC HEARING
A. Notice of Intent
1. Shinano Hills, LLC — 9 North Road & 8 &12 Middle Valley Road (43-131.1,160 & 162) SE49 -2568
Sitting Steinauer, Oktay, Golding, Glowacki
Recused Kaberg
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Second hearing for work within the buffer zone
of vegetated wetlands. Reviewed additions/changes to the plans. Stated the applicant has worked with
Massachusetts Natural Heritage and obtained a letter of "no take" in regards to these changes. Had
proposed restricted areas along the property lines; Massachusetts Natural Heritage would prefer to see
those added into the area and delineated with a split -rail fence.
Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP
Public None
Discussion (4:10) No concerns.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Oktay) (seconded by: Golding)
Vote Carried 4 -0
2. Silver -45 Starbuck Road (59.3 -50) SE48 -2571
Sitting Steinauer, Oktay, Karberg, Golding, Glowacki
Recused Johnson
Documentation Supporting documents and plans.
Representative Don Bracken, Bracken Engineering— Installation of a subsurface infiltration system for roof runoff.
The resource area is a coastal bank. On the northeast side of the house is the old tank that goes out to
leaching trenches. We are adding a bedroom; the Board of Health requires installation of an IA
system.
Public Joe Carroll, 49 Starbuck Road — Noted a discrepancy between what is proposed and what is on the
drawings in regards to a shed with a deck. Opposed to the project because the final plans are unclear as
to what is being proposed and the project is adjacent to a resource area and in an area subject to
flooding. Stated there has been no discussion about use of fertilizers and herbicides. Expressed other
concerns outside the prevue of ConCom.
Discussion (4:13) Steinauer— ConCom must base its decision on existing conditions. Approval constrains the
applicant to do only what is on the plan. Anything else =quires an application for an amendment to
orders. All orders require people to follow the Article 68 Committee best management practices.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Glowacki) (seconded by: Oktay)
Vote Carried unanimously
Page 1 of 7
CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
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Wednesday, July 10, 2013 4:00 P.M.
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Commissioners:
Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Jennifer Karberg,
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Minutes for Julv 10. 2013. adorned Oct 16
3. "Welsh —101 Eel Point Road (32 -7) SE48 -2572
Sitting Steinauer, Oktay, Karberg, Golding, Glowacki, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Mark Pits, Site Design Engineering — Retreat project due to erosion to pull the house back outside of
the 50 -foot buffer into a previously disturbed area. Resource areas are the top of coastal bank on the
property and border vegetative wetlands (BV W) across the road. New foundation excavation will he
used to back fill previous foundation site, then that area vegetated in kind with beach grass and
bayberry. Stated that Toscana has assured it is possible to move the structure without encroaching on
the abutters. Request continuance for July 24.
Public Margaret Cunningham, 105 Eel Point Road — Reviewed the drawings; did not make comments.
Arthur D. Gasbarro, Blackwell and Associates Inc., for CMDM LLC 99 Eel Point Road — Limit of
work is not defined on the plan along the side. Concerned there will be disturbance onto CMDM's
property which needs to be shown and approved by ConCom. Feel the work can't be accomplished
without trespass and impact onto the abutter's property and would want a temporary construction
fence installed during construction. Do not know where the soil and structure will be stored until the
new foundation is ready.
Discussion (4:26) No comments.
Staff No recommendations at this time.
Motion Continued without objection to July 24.
Vote N/A
4. *Leo —1 Spring Street (55.1.4 -42) SE48 -2573
Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Brad Holmes, Environmental Consulting &. Restoration, LLC — Project is on land subject to coastal
storm flowage. Site contains a portion of a garage, concrete drive, lawn and hedges. Plan is to remove
the garage and construct a single - family dwelling on the crawl space with the finished floor one foot
above flood plain, and resurface driveway with asphalt. There will be no significant re- grading, the
plan is only to reestablish the existing grade after construction.
Public None
Discussion (4:37) None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Karberg) (seconded by: Oktay)
Vote Carried unanimously
5. -Sul Mare, LLC — 11 Columbus Ave (59.3 -111) SE48 -
Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Resource area is a BV W. Existing structure is
within the 100 -foot buffer. Also the property is within land subject to coastal storm flowage. Adding a
2's story and change configuration of the decks; most work will occur within the existing footprint.
One is a proposed addition for boat storage shed attached to the house 75 feet from the resource area,
and work to the deck within the 50 -foot buffer zone. Request a waiver based on no reasonable
alternative /no adverse impact. Will continue using the existing septic system. Contours are shown on
the plan; and elevation varies from 7 to 10 across the property. No proposing any grade change. Work
is outside the flood plain. Request a continuance for July 24.
Public Joe Carroll, 49 Starbuck Road — Objects for the same reasons as for 45 Starbuck Road.
Discussion (4:43) No comments.
Staff Reminded the board that fertilizer best management practices are part of ConComjurisdiction.
Motion Continued without objection to July 24.
Vote N/A
Page 2 of 7
Minutes for July 10. 2013, adopted Oct. 16
6. *Sankaty Bluff Group — 75 Baxter Road (49 -30) SE48-
Sitting
Steinaueq Okmy, Karberg, Golding, Glowacki, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
Bob Emack— Coastal bank is eroding
and house is 13 feet from top of the bank. Propose moving
closer to the road onto a new foundation.
Request continuance to July 24.
Public
None
Discussion
(4:54) Oktay — Irrigation of lawn on similar ledges accelerates erosion; studies have shown that a
small line of plants extends the life span of the coastal bank.
Staff
No recommendations at this time.
Motion
Continued without objection to July 24.
vote
N/A
7. - Thompson
— 14 Fargo Way (14 -17) SE48-
Sitting
Steinaueq Okmy, Karberg, Golding, Glowacki, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
Stan Humphries, Coastal Geologist Laurentide Environmental, LLC. — Coastal erosion stmcmre of
rocks. Resource areas include a tidal flat, two salt marshes, and coastal banks up to 20 feet in height.
Nor'easter waves reach 1 to 2 feet collapsing the toe of the bank. One structure is pre-1978 and one
post -1978. The toe of the bank has receded 10 feet in the last five years. In the opinion of the applicant
there is imminent danger. Massachusetts Natural Heritage will not have a decision until July 24.
Request continuance to July 24.
Bruce Perry, Laurentide Environmental, LLC —In the notice packet, an aerial photo shows that the
Massachusetts Natural Heritage line does not include the lawn area; so there is room to move the
house without impact to the habitat area. The bank soils and beach materials are much different the Eel
Point Road; normal beach sand that would be used for nourishment doesn't match what's coming off
the banks.
Public
Emily MacKinnon, Nantucket Land Council —Did not see a waiver request and understand one of the
structures is post -1978 and requires a waiver. Stated that she interprets the regulations as protecting
the pre-1978 structure, not the lot. The bank is still providing sediment and clay to the environment
and that needs to be reviewed.
Discussion
(5:00) Oktay — Agrees with much that the consultant wrote. Would like a ruling from Town Counsel
about lots with both pre - and post -1978 structures. Stated that evidence in New Jersey from Hurricane
Sandy indicate that salt marsbes help slow the waves and are better protection against erosion than
what is being proposed.
Steinauer — This is a low energy beach, and this commission has in the past approved softer solutions
for similar situations.
Commission would like to see an alternative analysis.
Discussion about verifying the wetlands.
Golding — Would like a more recent aerial photo of the property.
Glowacki — Asked the commission to apply standards consistently.
Staff
Suggested getting clear construction dates on the structures. Read from the regulations in regards to
post -1978 structures and erosion control structures. Reminded the commission that it has to consider
the resource area of not only the toe of the bank but the top as wel I.
Motion
Continued without objection to July 24.
Vote
N/A
Page 3 of 7
Minutes for Julv 10, 2013, adopted Oct. 16
8. • Water's Edge N.T. —16 Medouic Creek Road (20 -26) SE48 -_
Sitting
Steinauer, Oktay, Golding, Glowacki, Johnson
Recused
Karberg
Documentation
Representative
Supporting documents and plans.
Kevin Dale, Vaughan, Dale, Hunter and Beauderm, P.C. — This NOI is for a residential project which
includes the construction of 2 dwellings, attendant structures, driveway, landscaping and grading on
32 acres. No portions of the structures are within 50 -foot buffers except land subject to coastal storm
Flowage. Requesting a waiver to work within the 25 -foot buffer of ones. Will meet performance
standards and the project will have no adverse impact on the resource areas.
Arthur D. Gasbarro, Blackwell and Associates Inc. — Walked the commission through a lengthy and
detailed description of proposal. Requesting a waiver for the pool. Expect temporary dewatering in
connection with the installation of the septic and perhaps the propane tanks; explained how that would
be accomplished. Proposing steel edging along the gravel driveway. Osprey pole is to be relocated;
part of the process with Massachusetts Natural Heritage. Request continuance in July 24.
Seth Wilkinson, Wilkinson Ecological Design — Described the collaborative process the applicant is
involved in with Massachusetts Natural Heritage and reviewed protection efforts for the habitats of
threatened species. Identified six different invasive species management units and explained the goals
for those areas. Stated that Massachusetts Natural Heritage wants to track the project long term, 15 to
18 years.
Glenn Wood, Rubin and Rudman LLP — Massachusetts Natural Heritage was focusing on the
Northern Harrier. Explained the moth species has been delisted. In regards to the 75 -foot setback, have
chosen not to seek waivers as most of the island is within 75 -feet of resource areas. Explained that
"verified" is undefined. This has undergone an extensive environmental study and went through an
ecological adjudicatory hearing that approved the plan.
Public
James Lentowski, Nantucket Conservation Foundation (NCF) — Read a letter into the record detailing
issues about the "Dike Road" access driveway.
Daniel J. Bailey, Rackeman, Sawyer & Brewster for David O'Brien, 18 Medouie Creek Road —
Spoke against the sin and scope of the project. Read the NOI abutter's notification letter: points out
the work described on the application includes his client's property, the layout of Medouie Creek Road
itself and NCF property. On that basis, the NOI should be re- noticed properly identifying all properties
involved. Contends the project has failed to request all necessary waivers. Plan does not meet the
requirement for 75 -feet structural setback from the Hamer habitat.
Laura Schofield, Wetlands Scientist for David O'Brien, 18 Medouie Creek Road — Presented a letter
to the commission and reviewed highlights of that letter. Reviewed the wetland lines on the plans,
which are still in effect; There is a BV W shown on the old site plan that spans NCF & 14 Medouie
Creek Road properties that is not on the current site plan; it should be confirmed and included in this
filing and wetland lines as well. Massachusetts Natural Heritage has certified both isolated BV Ws on
both sides of Medouie Creek Road as certified vernal pools, and a waiver should be required for the
tum -out system. The easement across my client's property is about 800 feet and just tracks; the
amount of construction material, manpower, and fill to build this project is huge. There is no erosion
control plan to address construction impact to my client's property. Attention needs in be given to
erosion and sedimentation to my client's property.
Emily MacKinnon, Nantucket Land Council — Confirmed location of all the wetland reclamation
areas. Said most of her concerns have already been discussed.
Discussion
(5:24) Oktay — Asked if culverts were considered to connect wetlands on both side of the driveway
and allow exchange. (Answer: Can't find any evidence of any hydraulic connections.)
Discussion about the amount and type of herbicide to be used.
Discussion about the Massachusetts Natural Heritage ornithologist involved in the projects handling of
the Northern Harrier habitat.
Discussion about the proposed seed mix and what is appropriate for Nantucket.
Staff
This is a re- filing. Knows that the abutters were notified; but will review with Town Counsel the
issues about the easement.
Motion
Continued without abjection to July 24.
Vote
N/A
Page 4 of 7
Minutes for Julv 10. 2013, adopted Oct. 16
B. Amended Orders of Conditions
1. -Blue Shutters Realty Trust — 4 Hulbert Avenue (42.1.4 -2) SP48-2504
Sitting
Steinauer, Oktay, Golding, Glowacki, Johnson
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Amended Order is to construct an addition to the 2 -story, wood -
frame garage /apartment and abandon the existing apartment entrance. Project requires waivers for
work within the 50 -foot buffer and foundation within 2 feet of the ground water.
Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Requested to withdraw and come
back with a new NOI.
Public
None
Discussion
(7:00) No comments
Staff
Explained why this is an amended order and legalities associated with that. Have everything needed to
close.
Motion
Motion to Close. (made by: Oktay) (seconded by: Glowacki)
Vote
Carried 5 -0
Discussion on the
Staff— Drafted up an Amended order. There is plenty of space outside the 50 -foot buffer for storage
draft order
of material. Reviewed the subjects of the original NOls and the amendments.
Oktay — Thinks the addition is too large and too close to wetlands to be an amended order. It is
doubling the size of the footprint and should be a NOI.
Glowacki — Read waiver request; asked what the adverse impact would be.
Okmy — In her opinion, it would have an adverse impact on the B V W.
Motion
Accepted the withdrawal without prejudice.
III. PUBLIC MEETING
A. Request for Determination of Applicability
1. *Daly — 2 Nonanmm Avenue (87 -5) Continued to July 24.
B. Minor Modifications
1. "68 Hulbert Avenue N.T. — 68 Hulbert Ave (29 -54) SE48 -2244
Sitting Steinauer, Oktay, Karberg, Golding, Glowaeki, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Work was done between the 25- and 50 -foot
buffers: a patio, walk and underground propane tanks. Requesting an after- the -fact minor
modification.
Public None
Discussion (7:18) No comments.
Staff Read original application as specified in the order and why this qualifies as a minor modification.
Recommend approval.
Motion Motion to Approve. (made by: Oktay) (seconded by: Karberg)
Vote Carried 5 -0/Glowacki abstained
C. Certificates of Compliance
1. *68 Hulbert Avenue N.T. — 68 Hulbert Ave. (29 -54) SE48 -2244
Sitting Steinauer, Oktay, Karberg, Golding, Glowacki, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Original order of condition was for an entire
lot that has been subdivided and sold. Asking for one Certificate of Compliance based on the original
order regardless that there are two deeds.
Public Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — An order is usually issued under
the time of the original owner.
Discussion (7:22) Discussion about how the Registry of Deeds issues Orders of Conditions.
Staff Recommend issuing the Certificate with the on -going Condition 23 that irrigation heads point outside
the 25 -foot buffer zone.
Motion Motion to Issue with on -going Condition 22. (made by: Karberg) (seconded by: Oktay)
Vote Carried unanimously
Page 5 of 7
Minutes for Julv 10, 2013, adopted Oct. 16
D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance)
1. •Shimmo Hills, LLC -9 North Road & 8 &12 Middle Valley Road (43- 131.1, 160 & 162) SE48 -2568
Sitting Steinaueq Oktay, Golding, Glowacki, Johnson
Recused Karberg
Documentation Supporting documents and plans.
Representative None
Public None
Discussion (7:27) No comments.
Staff Reviewed conditions: storage of materials and Condition 20 filing for a minor modification for
changes. No waivers. This is the first Order of Conditions with a reduced copy of the plan will be
attached to the Order of Conditions.
Motion Motion to Issue. (made by: Oktay) (seconded by: Golding)
Vote Carried 5 -0
2. *Silver-45 Starbuck Road (59.3 -50) SE48 -2571
Sitting Steinaueq Oktay, Karberg, Golding, Glowacki
Recused Johnson
Documentation Supporting documents and plans.
Representative None
Public None
Discussion (7:33) Golding — Would like the fertilizers and irrigation to be addressed.
Discussion about enforcement and implementation of Article 68 best management practices and
licensing of landscapers.
Staff No fertilizers and irrigation were asked for so struck the condition about their use. Will add back
Condition 20 about Article 68 compliance. Last condition is about septic. No waivers were required.
Motion Motion to Issue as amended. (made by: Okmy) (seconded by: Karberg)
Vote Carried 4 -1/ Glowacki opposed
3. *Welsh —101 Eel Point Road (32 -7) SE48 -2572 Continued to July 24
4. "Leo — 1 Spring Street (55.1.442) SE48 -2573
Sitting Steinauer, Oktay, Karberg, Golding, Glowacki, Johnson
Recused None
Documentation Supporting documents and plans.
Representative None
Public None
Discussion (7:44) No comments
Staff Did not draft up an Order of Conditions for this. Will put together a positive order.
Motion None at this time.
Vote N/A
5. "Sul Mare, LLC — 11 Columbus Ave (59.3 -111) SE48 -_ Continued to July 24
6. 'Sankaty Bluff Group — 75 Buster Road (49 -30) SE48 -_ Continued to July 24
7. Discussion of other closed notice of intent public hearings
Page 6 of 7
Minutes for Julv 10, 2013, adopted Oct. 16
E. Other Business
1. Reports:
a. CPC — Need to appoint a representative July 24.
b.NP &EDC —None
c. Mosquito Control Committee — Oktay
d. Coastal Management Plan — Oktay
e. Other
2. Commissioners Comment: None
3. Administrator /Staff Reports
a. Enforcement Order for 2 Franklin Street — On -site visit about mess resulting from demolition of existing
structure.
b. Enforcement Order for Willard Street — Turned over to Keith Robinson Environmental Protection Officer.
c. Enforcement Order for Tuckemuck — Turned over to Keith Robinson Environmental Protection Officer.
d. Enforcement Order for Hummock Pond Bike Road Wetland — Read enforcement action. Motion to Ratify.
(made by: Karberg) (seconded by: Oktay) Carried unanimously
e. The Conservation Restriction for the Nantucket Islands Land Bank ball fields has been lost; the commissioners
need to sign a new one. Will post it on line for the commissioners to review.
E Reminder that'Sconset Beach Preservation Fund will be coming back; asked everyone to take time to identify
days for special hearings. Will set up a meeting schedule on July 24.
Motion to Adjourn at 8:10 p.m.
Submitted by:
Terry L. Norton
Page 7 of 7