Loading...
HomeMy WebLinkAbout2013-9-4Minutes ter September 4, 2013, adopted Oct. 16 Page I of 10 1i11N6hKVA11V114 l,V1V11V11331kyn 2 Bathing Beach Road Nantucket, Massachusetts 02554 0 www.maducket-ma.gov Wednesday, September 4, 2013 4:00 p.m. Conference Room, 4 Fairgrounds Road Commissioners: Ernie Swimmer (Chair), Sarah Oktay (Vice- chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki, Leslie Johnson Called to order at 4:02 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minus T1�* Attending Members: Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Absent Members: None —t o Early Departures: Glowacki 5:42 p.m.; Golding 6:17 p.m. --1 m Agenda adopted by unanimous consent t� p m *Matto has not been heard 1. PUBLIC MEETING o rrn 3 A. Public Comment —None tE O Z N O II. PUBLIC HEARING r W A. Notice of Intent rn co 1. Sconset Beach Preservation Fund - Baxter Road Area SE48- 2581(set hearing date only) >< Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Requested the hearing be scheduled for September 11 to allow Michael S. Bruno, PhD, to attend to speak'Sconset Beach Preservation Fund. Discussion (4:03) Thursday the 12ih is good for all commissioner members. There is a Board of Selectmen meeting on September 11 that people might want to attend. Public None Staff At the last hearing there was discussion about scheduling for Tuesday, Wednesday or Thursday. Motion Continued to Wednesday September 1 I at 4 p.m. without objection Vote N/A 2. Thompson -14 Fargo Way (14-17) SE48-2574 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Alger submitted a letter, plans and aerial photos of the site at the table. Representative Stan Humphries, Lamcntidc Environmental, LLC — Located in Pocomo Harbor with 2 dwellings within 50 feet of the top of the bank, one is pre -1978. Applicant believes he has an imminent threat and chooses to protect the dwelling rather than move. RitFraff structure with medium silty sand to cover the riff-raff maintained annually. The bank will continue to slope and slump to a more gradual slope that can be stabilized with vegetation. Have discussed monitoring and other mitigating measures with the abutters. Owner is concerned about the unknowns inherent with the softer constructions; owner therefore would prefer a harder structure. Asked for a continuance. Discussion (4:09) Oktay — Long -term erosion rate is h foot per year; asked what the short-term (past 10 years) is. (Answer: 2 feet per year.) 70 -feet per year of sand is based upon the % -foot rate; asked if that number should be increased. Glowacki — Sought clarification of something he remembered the owner stating in the original presentation. (Answer: the main structure, the pre -1978, would still be threatened.) Discussion about nourishment of the bank to stabilize it and the construction method (cranes over the bank, no trucks on the beach). Golding — Stated that the silt analysis does not make mention of larger stones and boulders that come from the bank and how that would be replicated. Glowacki — Looking at the aerial photos, asked if the neighbor contends the expanded lawn area constitutes substantial change. (Answer: the regulations indicate substantial improvement applies to habitable space of more than 20 percent.) Compared the short-term rate of retreat to the long term and how long it would take the bank to reach the structure. The commission needs to consider what is imminent danger and if there are reasonable alternatives available. Page I of 10 Minutes for September 4, 2013, adopted Oct. 16 Discussion Oktay — The standard states there should be no reasonable alternatives to protect the structure. Also continued the regulations are protecting the salt marsh and bringing in nourishment for the bank will not mimic the coastal bank material. Steinauer— Stated that he is troubled about the claim this is not an engineered structure because there are not a lot of calculations into building it. Also, there has not been a lot of information provided about wave run -up, if it would go over the top of the riff -raff and still erode the bank. Oktay — Added that they don't know if the wave ron -up would accelerate erosion of the bank. Humphries — Stated that the project is designed for the 100 -year storm elevation. Oktay — Would like to know which direction the silt is moving and the possible impact on the salt marsh. Public (4:21) Sarah Alger, Sarah F. Alger P.C., for 78 Wauwinet Road — Believe applicant has not met the burden of meeting the regulations for the protection act, specifically in respect to the site; referred to the aerials, which show substantial improvement to the site in the form of additional structures. With the long -term erosion rate, do not believe the structures are in imminent danger. Based upon the long -term erosion rate, it will take 67 years for the bank to reach the pre -1978 structure. Expressed concern there will be an adverse affect on the salt marsh which is protected under provision 2.063 of the regulation. There is an alternative available to protect the structure. Emily MacKinnon, Nantucket Land Council — The commission has discussed the nature of the site and what makes it unique; looking at the performance standard, Nantucket Land Counsel questions whether or not the structures are in imminent danger and reasonable alternatives. Asked the commission to consider that the other structure is not landward of the house but next to it and the structure is being built to extend across in front of it. Applicant has proposed a mixed amount of material based on the long -term erosion rate; but bases the application on the short-term rate and imminent danger. The applicant should be providing that information. Staff The pre -1978 home does qualify for protection. Anything landward of the pre -1978 home gains protection as long as that home is there. Alternative analysis was submitted with the application. Read the Coastal Bank Performance Standard. Pointed out that this application is also dealing with the Performance Standards for Beach, Land Under the Ocean and Salt Marsh. Read the Salt Marsh Performance Standard and explained how it is pertinent to the project. Motion Continued to September IS without objection. Vote N/A 3. Nantucket Islands Land Bank —181 Hummock Pond Road (65 -25) SE48 -2579 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Bruce Perry, Nantucket Islands Land Bank — Was continued for a stamp plan in be included into the record. Also have a land-court plan in the file. Discussion (4:38) None Public None Staff Also received the Department of Environmental Protection (DEP) number. Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 4. Farrell, Trustee — 77 Eel Point Road (32 -14) SE48 -2586 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Move a house out of the top of the bank buffer zone. Were waiting for Massachusetts Natural Heritage comments —No take. Discussion (4:39) None Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously Page 2 of 10 Minutes tot September 4, 2013, adopted Oct. 16 5. McGilvray — 30 Rhode Island Ave. (60.3.1 -152) SE48 -2590 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Relocate an existing structure that is in the beach done; proposal is to pick it up and put it on top of capped pilings in an area of beach grass and install a tight tank. Responded to concerns raised at the last hearing. When the property is completely denuded of beach grass, all structures will be removed. The Just floor will be above the flood plain. Discussion (4:41) Oktay — If it is on pilings, sand would be able to move under it. Asked if the Health Department has approved the tight tank. (Answer: have not yet talked with them.) Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously 6. Kielley— 26 Gosnold Road (30 -89) SE48 -2584 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Moving off existing structures within a buffer zone to across the street. Were awaiting comments from Fish and Wildlife; submitted the letter as a No Take. Submitted a detailed landscape plan detailing re- vegetation of the no -disturb 25 -foot buffer. Upper main house will have a full foundation; the lower small house will be a slab construction. Applying for a waiver for long -tern net benefit. Discussion (4:48) None Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 7. FAB ACK2, LLC —15 Laurette Lane (14 -10.1) SE48 -2589 (cout to Sept 18) 8. Nicholes & Bauer -5,6 & 9 Medouie Creek (20- 5,24 &4) SE48 -2587 Sitting Steinaucr, Oktay, Bennett, Golding, Glowacki, Johnson Recused Karberg Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Received the Massachusetts Natural Heritage determination letter issued as no adverse affect. Submitted revised plans showing further consolidation of work. Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP John Bracken, Bracken Engineering Discussion (4:52) Oktay, — Sewer force main is so close to the wetlands and needs to be secured to protect the wetlands from possible leaks. Confirmed that there is no change to the culvert construction. Stchumer —Asked about a planting plan for the wetlands replication area. (Answer: A plant list was submitted.) Asked if Massachusetts Natural Heritage approved the project. (Answer: Yes, as no adverse impact. Need to file a Massachusetts Endangered Species Act (MESA) form and take a sampling.) Public Emily MacKinnon, Nantucket Land Council — Where the replication area is proposed, there seems to be a bordering woody vegetated area. Asked the commission to consider monitoring to ensue replication was successfully completed. Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Golding) Vote Carried 5 -0 Page 3 of 10 Minutes for September 4, 2U13, adopted Oct. 16 9. *Brant Point Partners-21 & 23 Walsh Street (42.4.1 - 106 &105) SE48 -2594 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Residential redevelopment project within land subject to coastal storm flowage. Remove existing structures and construct new single - family dwellings in their place elevated above pending FEMA flood elevations. Other ancillary structures are proposed at ground level. Served by Town water and sewer; temporary de- watering might be necessary and is included in the application. Stated that the standards indicate an alternative is to raise the building but no grade change. Are proposing raising the grade to 5 feet to match 25 Walsh Street; this proposal would allow the retaining wall to be removed. Requested a continuance. Discussion (4:59) Oktay — Asked about the increase in pervious surface. (Answer: Clearly it is increased but don't have the percentage at hand.) Johnson — Many houses along the street have been back - filled very high thus flooding the street when it rains. This structure could add to that issue unless the grade is left alone and the foundation is covered. Discussion about how to mitigate flooding in the face of raising the grade. Oktay — It is within the performance standards to be concerned about the lot's ability to continue to retain and absorb flood water. Johnson — Pointed out that the grade was changed so much at 25 Walsh Street that it required a retaining wall; that needs to be corrected because it is causing flooding to the abutters. Public Perry Newell, 21 Walsh Street— Also is concerned about the water. The southern end of 21 is very wet and holds water after a storm. If an excess of fill is put in, the water will ran into Willard Street, which does not drain well. Staff Read the Performance Standard for building on Land Subject to Coastal Storm Flowage and Performance Standard 6. Fill to elevation 5 was permitted for 25 Walsh Street, but since then a retaining wall was installed that is not part of the original plan; that fill was supposed to be tapered back to the original grade. Motion Continued to September 18 without objection. Vote N/A 10. -Jordan — 39 & 41 Sheep Pond Road (63 -17.1 & 39.1) SE48- Sitting Steinauer, Okay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — To relocate an existing structure away from a 100 -foot buffer of an eroding bank to a different lot outside ConComjurisdiction and install a new septic and well. Work is under review by Massachusetts Natural Heritage. Would like to keep the existing set of beach stairs, relocating as needed. All debris will be disposed of offsite with area refilled to match the surrounding grade and replanted with grasses. Requested a continuance. Jennifer Jordan, owner — Last year lost 45 to 50 feet and lost 120 feet since 2000. Doing it now will preclude an emergency move in the event of another damaging winter. Discussion (5:12) Steinauer — Asked if path to the stairs would be added. (Answer: That is shown on the plan.) Discussion about where the path would run between the relocated house and the stairs. Oktay — Asked if the leach field would be abandoned in place. (Answer: Yes, it is outside the buffer zone.) Public None Staff Waiting for both Massachusetts Natal Heritage and a file number. Will draft a positive order Motion Continued to September 18 without objection. Vote N/A Page 4 of 10 Minutes for September 4, 2013, adopted Oct. 16 11. - DeAngelis — 109 Binder Road (48 -12) SE48 -2593 Sitting Sminauer, Okmy, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Relocation of structure as far as possible from the bank to the northern part of the property; that area seems to be eroding slower. The property is on Town water and sewer. Toscana is confident the move can be done safely from the landward side. Would like to fill the existing poured concrete foundation rather than removed it do to the proximity of the retreat until such time it is exposed. Proposing a full foundation for the new location at this point. Discussion (5:18) Golding — Asked how the new foundation would be less disruptive than excavating the old foundation. (Answer: There is a lot more vibration involved in taking apart the old foundation.) Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 12. - Latshaw & Yoder — 113 Baxter Road (48 -11) SE48 -2588 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering —Next property north of 109 is proposing to move the existing back as far as possible from the bluff. It puts the structure at approximately the 50 -foot buffer. Hoping to retain a small seaward deck. Will have to remove the existing block foundation in favor of the new foundation. The property slopes steeply away from the top of the bank toward Baxter Road. Loretta Yoder, owner — There is rasa rugom on the property. Discussion (5:23) Oktay — Would like them to re- vegetate with something more than lawn grass to help hold the bank, suggested bayberry. (Answer: Would like keep the area lawn.) State CZM recommends a woody buffer to hold water on the property to prevent run off over the bank. Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 13. -Nicholson —24 &26 Brewster Road (54-169.1,169.2,169.3) SE48 -2592 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Project is for a sewer force main. Explained where the main would run. The main will eliminate the older septic systems currently being used. This portion of the project isjust outside the Massachusetts Natural Heritage habitat area and so is exempt from their review. There will be a little bit of brush cutting and a small trencher used; work will be during the off season. Discussion (5:27) Oktay — This definitely provides a long -term net benefit. Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Golding) (seconded by: Oktay) Vote Carried unanimously Page 5 of 10 Minutes for September 4, 2013, adopted Oct. 16 14. *Rediker -14 Almanack Pond Road (25 -12) SE48 -2591 Sitting Steinauer, Oktay, Bennett, Golding, Johnson Recused Karberg, ( Glowacki left at 5:40) Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Restoration work to cut wetlands. Flagged the wetland in May. There was not grubbing activity so all root systems were left in place. There was cutting within two isolated vegetated wetlands and surrounding areas. Based upon observations, things are returning robustly and are going to allow things to continue re- vegetating naturally. There is a certain amount of Green Briar and Fox Grape that we would like to selectively cut and manage to prevent them choking out any woody vegetation coming back; that would be done by hand. There is a high concentration of Honeysuckle in proximity of the resource areas that needs to be controlled; in those areas, the proposal is to remove existing vegetation, add clean top soil and plant with Little Blue Stem while retaining the Bieck Cherry trees and Arrowroot shrubs. Propose to submit monitoring reports for two years. Discussion (5:33) Steinauer— There is a lot of Big Blue Stem along the driveway, the largest concentration he has seen on the island. Would not like to see that cut. Discussion about the reasons for the preferred plantings and whether or not the proposal adequately addresses the violation. Discussion about whether or not the proposal is a net benefit. Oktay and Golding expressed concern about mowing the Little Blue Stem even only once a year, concerned that too much area would be mowed or be done more often than just once a year. Public None Staff Could condition the order that they need to notify ConCom when they are going to do the annual mowing or other documentation about when the mowing will take place. Can draft an order for further discussion at the next meeting. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried 4 -1 /Golding opposed B. Amended Order of Conditions 1. -Oak Hill Investments — 2 Franklin Street (41 -268 & 269) NAN -112 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Have noticed there is a lot of parking on the street in the summer and want to change the previously approved driveway to facilitate access. Reviewed restoration of disturbed areas. Proposed change will increase the footprint inside the buffer by about 370 square feet. Given the amount of buffer and wetland restoration planting, feel it will still be a benefit. The current owner is trying to fix the problem. A silt fence runs along the 25 -foot buffer and there will be no incursion. Porch with steps has been pulled back outside the 50 -foot buffer. Discussion (5:54) Oktay — Stated along the street the curb has always been flat and now it is proposed to add cubing; asked the reason for doing that. (Answer: To stop people from parking there.) Golding — Asked about reporting requirements in regards to the restoration. (Answer: Yes, but the work has not yet started.) Garay — Concerned about further incursion into the 50 -foot buffer zone. If the plants for the replication grow m they should, they should absorb some of the water. Discussion about the water mn -off issues and abutters complaints that it has increased. An enforcement order was issued when the work started on this property. Public Robert Silvia, 38 North Liberty Street — Since work has started, has had increased water issues when it rains. Opposed to doing anything more. Jennifer Pask, I Franklin Street— Has not had the opportunity to review the project and asked to see the plan. There is a natural stream on the lot and now the water is everywhere; the only thing on the property was a little shack. Emily MacKinnon, Nantucket Land Council — The silt fence on the plan looks it is not properly adjacent to the driveway and does not keep all the restoration area outside the construction area. Asked why it does not hug the edge of the driveway. (Answer: That is to allow for work space and is an area that is currently disturbed.) Staff Monitoring reports are to be submitted at the beginning and end of the growing season for three years or until the Certificate of Compliance is issued. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously Page 6 of 10 Minutes lot September 4, 2U13, adopted Oct. 16 Ili. PUBLIC MEETING A. Request for Determination of Applicability 1. *7/11 Nominee Trust -1 I Squam Road (21 -8) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Johnson Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Proposed project is to add a screen porch onto the structure. Discussion (6:14) None Public Lou Gordon, for 13 Squam Road — Here to ensure that the porch is all that is being proposed; otherwise support the project. Staff Reviewed the resource area delineation and agree with the beach and time areas as shown on the plan. Recommend issue as a Positive 2A verifying the resource area boundaries and a Negative 3 allowing for work in the buffer zones. Motion Motion to Issue as a Positive 2A and Negative 3. (made by: Okmy) (seconded by: Karberg) Vole Carried unanimously B. Minor Modifications L 'Frazier — 33 Jefferson Ave. (30 -123) SE48 -2415 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Footprint change to accommodate all the other departments. All structural components and landscaping is outside the 50 -foot buffer zone to a coastal time field. With the change, the patio that was within the 50 -foot buffer is now outside. Discussion (6:17) Discussion clarifying the application. Public None Staff The basement slab is proposed at elevation 4 % and the top at elevation 12 'h and surface elevation is between 9 & 10. Do not need a groundwater separation waiver. Do not have permission to dewater. Recommend approve as a minor modification. Motion Motion to Approve. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously 2. *Greywood, LLC —14 Mayhew Lane SE48 -2466 Sitting Swimmer, Olney, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative David M- Haines, Haines Hydrogeologic Consulting— reviewed status of the project. Asking to relocate the fence from one location outside the 50 -foot buffer to another location outside the 50 -foot buffer. No work within the 50 -foot buffer. Discussion (6:23) None Public None Staff Recommend approve as a minor modification. Motion Motion to Approve. (made by: Oktay) (seconded by: Karberg) Vote Carried C. Certificates of Compliance 1. -Marshall — 23 Commercial Wharf (42.2.4 -5) SE48 -2342 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:24) None Public None Staff This is an open work upon which no work has been done. The applicant is asking to invalidate the order. Motion Motion to Invalidate Certificate SE48 -2342. (made by: Oktay) (seconded by: Karherg) Vote Carried unanimously Page 7 of 10 Minutes for September 4, 2013, adopted Oct 16 1. * Nantucket Islands Land Bank — 181 Hummock Pond Road (65 -25) SE48 -2579 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:25) Discussion about the refueling conditions. Discussion about the deck material. Commissioners would prefer the Fibergrate® be used for the walkway. Public None Staff Need to add in the permit overview the sentence, "The existing walkway is to be removed by cutting the boards away from the anchoring posts." Reviewed other conditions. Will add Condition 22 stating all decking shall be Fibergrate®. Motion Motion to Issue as amended. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 2. *Farrell, Trustee — 77 Eel Point Road (32 -14) SE48 -2586 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:3 1) None Public None Staff This is pretty straight forward and so did not condition it. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 3. * Westfall — 30 Monomoy Road (54 -210) SE48 -2585 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:32) None Public None Staff Conforms to all Performance Standards but did add Condition 19: the pool should not be discharged into an area under the Commission's jurisdiction. There are no waivers or Massachusetts Natural Heritage concerns. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 4. *McGilvmy -30 Rhode Island Ave. (60.3.1 -152) SE48 -2590 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:33) Discussion about conditioning the grounds for removal of the project. Oktay — Stated she is hesitant about allowing people to build in harm's way. Public None Staff Did not draft an order. Will draft a positive order Motion None Vote N/A 5. *Kielley -26 Gosnold Road (30 -89) SE48 -2584 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:36) Discussion about the sump pump discharge versus actual wetlands and the affect of the removal of the sump pump. Oktay — It fits the Performance Standards and won't adversely impact the resource areas. Public None Staff Conditions: construction and excavation materials are to be stored outside the 50 -foot setback; photos of the replanted area; and plant materials are to be disposed of at the digester. Waivers were requested for work inside the 50 -foot setback and 2 -foot separation. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously Page 8 of 10 Minutes for September 4, 2013, adopted Oct. 16 6. *Brant Point Partners -21 & 23 Walsh Street (42.4.1 - 106 &105) SE48 -2594 7. - Jordan — 39 & 41 Sheep Pond Road (63 -17.1 & 39.1) SE48 -_ 8. -DeAngelis — 109 Baxter Road (48 -12) SE48 -2593 Sitting Steinaueq Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:41) Discussion about leaving the original foundation in place and whether or not its removal should be conditioned. Public None Staff No additional conditions. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 9. *Latshaw & Yoder -113 Baxter Road (48 -I1) SE48 -2588 Sitting Stetnauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:43) None Public None Staff Essentially the same project as DeAngelis. No additional conditions. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously 10. 'Nicholson —24 &26 Brewster Road (54-169.1,169.2,169.3) SE48 -2592 Sitting Steinauer, Oktay, Karberg, Bennett, Johnson Recused None Documentation Supporting documents and plans. Representative None Discussion (6:43) Oktay — This is obviously a net benefit. Public None Staff Straight forward and did not seem to require conditions. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 11. Discussion of other closed notice of intent public hearings (6:44) a. Nicholes & Bauer— 5,6 & 9 Medouie Creek b. Rediker -14 Almanack Pond Road c. Discussion about whether or not Thompson —14 Fargo Way will close in two weeks. E. Other Business (6:52) 1. Reports: a. CPC —None b. NP &EDC— Bennett c. Mosquito Control Committee — Oktay d. Coastal Management Plan — Oktay e. Other 2. Approval of Minutes - None 3. Commissioners Comment a. Johnson — Explained that 26 Walsh put in dewatering; asked why Mr. Gasbarro said that was not possible. Carlson — Stated it depends upon surface elevations, infiltrate systems and run off. Johnson — Stated her concern that he is replicating something that is not in compliance. Carlson — The retaining wall is not in compliance; they didn't ask for it. The grade behind it is in compliance. Johnson — Stated she doesn't understand why the grade needs to be raised above the flood; only the structure needs to be raised above flood. Further discussion about the situation at 2123 Walsh Street and 25 Walsh Street. Page 9 of 10 Minutes for September 4, 2013, adopted Oct. 16 a 4. Administrator /Staff ReportsNiolations a. Approached by a Boy Scout Leader about an Eagle Scout project to construct dinghy racks on the Concern property at Warren's Landing. Discussion about the need to apply and holding an open hearing. b. Natural Resources is getting ready to apply to the CPC for rehabilitation of the shellfish propagation facility on Brant Point. Trying to gain letters of support for the project. In the last three years have produced 200 million Bay Scallop larvae. Motion to Adjourn at 7:07 p.m. Submitted by: Terry L. Norton Page 10 of 10