HomeMy WebLinkAbout2013-10-16 Minutes for October 16,2013,adopted Oct.30
.pt� CONSERVATION COMMISSION
e:� Fri\, 2 Bathing Beach Road
u, Nantucket,Massachusetts 02554
www.nantucket-ma.gov
An, ,,c01/' Wednesday,October 2,2013 4:00 p.m.
RAC Training Room,4 Fairgrounds Road
Commissioners: Ernie Steinauer(Chair), Sarah Oktay(Vice-chair), Jennifer Karberg, Andrew Bennett,
Ian Golding, Michael Glowacki, Leslie Johnson
Called to order at 4:00 p.m.
Staff in attendance: Jeff Carlson,Natural Resources Coordinator;Terry Norton,Town Minutes Taker
Attending Members: Steinauer,Oktay,Karberg,Bennett,Golding,Glowacki
Late Arrival: Glowacki 4:13 p.m. z
Early Departure: Golding 5:28 p.m. ›'
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Absent Members: Johnson ,
Agenda adopted by unanimous consent C; --1
*Matter has not been heard
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I. PUBLIC MEETING —ma 1.._.
A. Public Comment—None — n
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II. PUBLIC HEARING rn
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A. Notice of Intent
I. Rowe— 137 Wauwinet Road(11-11.1)SE48-2468(Cont 11/13) c-. co
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2. *Town of Nantucket/SBPF—85-91 &99-107A Baxter Road SE48- m o
Sitting Steinauer,Oktay,Karberg,Bennett,Golding
Recused None
Documentation Supporting documents and plans.
Representative Kara Buzanoski,Director DPW—Were ready to make the case for the stabilization of Baxter Road;
however,the Town has entered into a Memorandum of agreement with'Sconset Beach Preservation
Fund.Under that,they were supposed to notify the abutters and that was not done.Will be amending
the notice to show the continuance to include the whole length.Request Continuance for October 30.
Discussion(4:04) None at this time.
Public Arthur Reade,Reade,Gullicksen,Hanley,Gifford&Cohen LLP,for'Sconset Beach Preservation
Fund—The notification was the result of a miscommunication.Request a special meeting to hear the
project next week.
Staff Historically the commission has held the first hearing at an open meeting;also,the notification in the
newspaper scheduled the hearing for October 30.
Motion Continued to October 30 without objection.
Vote N/A
3. 7/11Nominee Trust—7& 11 Squam Road(21-8)SE48-2607
Sitting Steinauer,Oktay,Bennett,Golding
Recused Karberg
Documentation Supporting documents and plans.
Representative Arthur D.Gasbarro,Blackwell and Associates Inc.-
Sarah Alger,Sarah F.Alger P.C.
Discussion(4:12) Oktay—Stated that she had listened to the recording and reviewed all pertinent information in order to
sit on the board for this project.
Public None
Staff Had been waiting on Massachusetts Natural Heritage.Have everything needed to close.
Motion Motion to Close.(made by:Bennett)(seconded by:Oktay)
Vote Carried unanimously
I
Page 1 of 7
Minutes for October 16,2013,adopted Oct.30
4. FAB ACK2,LLC—15 Lauretta Lane(14-10.1)SE48-2589
Sitting Steinauer,Oktay,Bennett,Golding,Glowacki
Recused Karberg
Documentation Supporting documents and plans.
Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—This NOI is for a coastal stabilization program
to protect a pre-1978 structure.Provided a soil analysis as requested.Reviewed the contents of a letter
addressing how the project meets the performance standards.Reduced the size of the structure to
minimize an adverse affect on neighboring properties. Stated that he did not take a gravel sample.The
gravel and cobble would not be replicated. Stated that he believes the interest of the beach would be
met with the replenishment of the sand but not the gravel.Respectfully disagrees with Dr.Oktay about
sloping the bank.Explained his reasoning for his proposed design.Stated that he used the long-term
erosion rate and thinks it will be adequate especially with report monitoring.
Arthur Reade,Reade,Gullicksen,Hanley,Gifford&Cohen LLP—Believe the owner and
subsequent owners would have a powerful monetary incentive to maintain the bulkhead.If a new
structure were to replace the pre-1978,it would come as a new NOI for work within the buffers.At
that time,the commission could require the bulkhead be removed as a condition for the NOI.
Discussion(4:14) Oktay—Stated that she had listened to the recording and reviewed all pertinent information in order to
sit on the board for this project.
Golding—The silt analysis shows 100%for one inch;asked what that means;(Answer:No particles
larger than 1 inch)but the photo shows there is cobble.
Oktay—Stated the opinion that there is a reasonable alternative in the use of a gentle vegetated slope.
Explained the advantage to that.
Steinauer—Expressed concern about end scour created by a bulkhead and the cost of removal in the
event of failure.
Golding—Would like conditions attached to the permit under which if the project is determined to
have failed and would be removed.
Steinauer—If in the future that property were sold,it is possible it might be demolished in favor of a
new structure. In that case the bulkhead is not long performing the function for which it was originally
applied.
Golding—The whole thing of putting money there so that the Town doesn't end up being forced
either to remove these structures or leave them to degrade;wondered if that was something the
applicant objected to or did he simply prefer not to have to bear that cost.
Public Emily MacKinnon,Nantucket Land Council—Asked the board to consider conditions related to
coastal bank Performance Standard Nr.3.Asked the board to consider going forward with a request
for a waiver.Echoed Dr.Oktay's original comment about there being a better way to control erosion.
Staff Procedurally speaking,nourishment is an on-going condition;if an enforcement order is issued and
removal is the only option,the owner is bound to remove it.
Motion Motion to Close.(made by:Bennett)(seconded by:Oktay)
Vote Carried unanimously
Page 2 of 7
Minutes for October 16,2013,adopted Oct.30
5. Desert Island LLC—64 Cliff Road(30-66,Lot 2&3)SE48-2600(new construction with pool)
6. Desert Island LLC—64 Cliff Road(30-66,Lot 4)SE48-2601 (new construction)
7. Desert Island LLC—64 Cliff Road(30-66,Lot 5)SE48-2602(existing structure)
8. Desert Island LLC—64 Cliff Road(30-66,Lot 6)SE48-2603(new construction with full basement)
Sitting Steinauer,Karberg,Bennett,Golding,Glowacki
Recused Oktay
Documentation Supporting documents and plans.
Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Reviewed the residential redevelopment
project for the property.There is high ground water in this area;so three structures will be built on
crawl spaces;only one structure will have a full basement. Waivers are based upon long-term net
benefit and no reasonable alternative/no adverse impact on the bordering vegetated wetlands.
Reviewed his justification for putting the pool in the 50-foot setback.Explained how storm-water roof
runoff would be handled to prevent it from becoming surface water.Have reached out to Department
of Public Works(DPW)about maintaining three catch basins in the area to help protect the area from
surface flow.There is a poor-soil layer dating back to the glaciers that interferes with efficient water
absorption.The pool and pool fence are outside the 25-foot buffers;to bottom of the non-chlorinated
pool would be into the ground water with a relief valve that allows ground water to flow into the pool
should it be emptied.The pool would be pumped into a tanker. In regards to the waiver,it was
requested in regards to the footings,which has been frequently granted with the stipulation of where
the water is going.The long-term net benefit looks at everything in the horizontal area.Would be
willing to have a condition to provide a revised plan showing a 15-foot buffer and planting plan.
Arthur Reade,Reade,Gullicksen,Hanley,Gifford&Cohen LLP
Jeff Kaschuluk—Testing has indicted that there is very little water in the area of the structure with a
full basement.Since talking to DPW about the catch basins,they have been cleaned.
Discussion(4:52) Steinauer—Would like a demarcation along the buffer so that it doesn't creep back to being lawn;
suggested a split-rail fence.Wondered if a full basement for the one structure would fall under no-
reasonable-alternative.
Glowacki—Expressed concern about the frequency with which waivers for no reasonable alternative
come up and whether or not they are appropriate in varying situations.
Discussion about maintenance of the catch basins.
Golding—The area is being raised two feet;that will affect drainage.
Public Sarah Alger,Sarah F.Alger P.C.,for John Keating—Her client's only concern is the affect water
would have upon his house and property.Would like a larger no-disturb buffer beyond the 25 feet that
would be planted to act more as a wetland.Though the pool is not a concern but would like it
conditioned as non-chlorinated and pumped out when emptied.Asked if there will be a pre and post
construction water quality test required.
Emily MacKinnon,Nantucket Land Council—Concerns relate to the waivers required for the pool
and full foundation;there are alternatives in regards to the design of the lot.
Staff Typically prefer not to condition that a revised plan become the plan of record.Have everything
needed to close.
Motion Motion to Close.(made by:Bennett)(seconded by:Golding)
Vote Carried unanimously
Page 3 of 7
Minutes for October 16,2013,adopted Oct.30
9. Salt Marsh Cranes R.T.—5 Saltmarsh Road(55-297)5E48-2606
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Elevated walkway for access to Monomoy
Creek.Provided a letter and revised plan,which removes the railing.Also made a change to 24"
maximum height.Included the definition of dock/pier/wharf for clarification as to why this is not any
of those.Reviewed how the project meets the performance standards,especially protecting the salt
marsh.
Steven Cohen,Reade,Gullicksen,Hanley,Gifford&Cohen LLP —Propose a condition that no cleats
be allowed to be attached to the walkway to address concerns that it be used as a dock.
Franci Crane,owner—Expressed her family's desire to maintain the salt marsh yet enjoy their access
to the water.
Discussion(5:29) Oktay—Stated that Fibergrate®is a better material as it allows more sun light to filter to the plants
below;for that reason,it can sit lower to the salt marsh.
Discussion about adjusting the height up again and opinions about the existence of the railing.
Oktay—It is incorrect to say that an elevated walkway does not cause impact;though it is better than
repeated walking across a salt marsh.
Discussion about whether or not the board should grant a waiver.
Public Emily MacKinnon,Nantucket Land Council—Raise again for the Commission's consideration,that
it might not be a good idea to not require waivers just because mitigation is being offered.Noticed in
aerial photos that there seems to be a second path.
Staff It is necessary to clarify how the elevated walkway addresses performance standards.Asked that the
Commission decide on the final height 24 or 30 inches.
Motion Motion to Close.(made by:Golding)(seconded by:Bennett)
Vote Carried unanimously
10.*Liberty Realty Trust—36 North Liberty Street(41-265)NAN-113
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki,
Recused None
Documentation Supporting documents and plans.
Representative Don Bracken,Bracken Engineering—Resource area is a isolated wetlands across Franklin Street.One
addition is between the 50& 100-foot buffers;the second is inside the 100-foot buffer.There is a
ground water concern;but the existing full foundation has never experienced ground water issues,so
are proposing full basements under the additions.Soil testing revealed clay down to 9 feet;installed a
monitoring well and monitored it about a month.Standing ground feet is at about 10 feet so do not
anticipate a need for dewatering.Asking for a waiver for 2-feet separation between the foundation and
the ground water.
Did not identify himself,for the applicant—The present layout does not allow exterior access to the
basement.The new foundation would provide that.
Discussion(5:55) Discussion about the ground water and the proposed foundations.
Karberg—Questions the necessity for a full basement in this case,especially when it is not known
where the ground water if going.
Glowacki—expressed the opinion that the new full foundations don't seem to have an effect on the
ground water any more than the existing foundation.
Further discussion about the ground water and the grade drop off affecting where the water goes.
Public None
Staff Stated that a pier foundation causes perforations going through the clay layer.Have everything needed
to close.
Motion Motion to Close.(made by:Bennett)(seconded by:Glowacki)
Vote Carried unanimously
Page 4 of 7
Minutes for October 16,2013,adopted Oct. 30
11. *Farrell,Trustee—77 Eel Point Road(32-14)SE48-
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki,
Recused None
Documentation Supporting documents and plans.
Representative Arthur D.Gasbarro,Blackwell and Associates Inc.—Coastal stabilization project and dune
enhancement along the base of a coastal eroding bank.Explained the installation matches those
permitted for 87,98,99,&101 Eel Point Road.Reviewed the construction method in detail. Reviewed
conditions that were imposed upon the other projects and are willing to accept.Asserted that the
nourishment portion will benefit the property at 83 Eel Point Road.There is a coastal dune that is
behind the project,so proposed access will over Nantucket Islands Land Bank property at 406 Pole
pending their approval.No equipment will be stored or fueled on the beach and will adhere to
restrictions in regards to the Piping Plovers.Pointed out that the regulations state that a stable
vegetated bank is a benefit.Moving the structures has already been approved.Have looked at other
designs and decided that this is the best as a soft stabilization alternative.Request a continuance.
Sarah Alger,Sarah F.Alger P.C.
Discussion(6:10) Oktay—Think the dune is in good shape and won't be hurt;but no natural thing is helped through re-
engineering it.An eroding bank also benefits the environment.
Public Emily MacKinnon,Nantucket Land Council—Local regulations state a bank can serve as a sediment
source and as a buffer;wonder if this project could be considered as a long-term net benefit by
creating a function that this bank does not have.
Staff Read into the record a letter of concerns from the abutter Ms Ellen Harde at 83 Eel Point Road.
Waiting for a Massachusetts Department of Environmental Protection number.
Motion Continued to October 30 without objection.
Vote N/A
B. Amended Order of Conditions
1. *Hillman—29 Lincoln Avenue(30-40)SE48-2496
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos,Nantucket Surveyors—2nd Amended order to replace a bulkhead along the side of the
house to create an open staircase to the basement.Adjacent to a coastal bank between the 50 and 100-
foot setback.
Discussion(6:36) No commissioner concerns or questions
Public None
Staff Have everything needed to close and issue.
Motion Motion to Close and issue.(made by:Glowacki)(seconded by: Oktay)
Vote Carried unanimously
Page 5 of 7
Minutes for October 16,2013,adopted Oct.30
2. *Thirty-Nine Hulbert,LLC—39 Hulbert Ave.(29-19)SE48-2503
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Paul Santos,Nantucket Surveyors—2nd Amendment to order to renovation work at the front of the
structure to separate into a primary and 2nd dwelling.2nd dwelling is at the 100-foot setback within
land subject to coastal flowage.
Discussion(6:38) No commissioner concerns or questions
Public None
Staff Have everything needed to close.An disuse.
Motion Motion to Close&issue.(made by:Oktay)(seconded by:Bennett)
Vote Carried unanimously
III. PUBLIC MEETING
A. Certificates of Compliance
1. *Cliffhanger Trust—83 Eel Point Road(32-12)SE48-2429
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion(6:41) No commissioner concerns or questions
Public None
Staff Relocation of shed.Is in compliance.
Motion Motion to Issue.(made by:Glowacki)(seconded by:Oktay)
Vote Carried unanimously
B. Orders of Conditions (If the public hearing is closed—for discussion and/or issuance)
1. *23 Commercial Wharf JA—23 Commercial Wharf(42.2.4-5)SE48-2604
Sitting Steinauer,Karberg,Bennett,Glowacki
Recused Oktay
Discussion(6:42) No commissioner concerns or questions
Staff Reviewed the project.Added condition that prior to the float a species analysis is submitted.Requires
a waiver to the coastal bank standard.
Motion Motion to Issue as drafted.(made by:Karberg)(seconded by:Bennett)
Vote Carried unanimously
2. *Benedict— 10D Crow's Nest Way(12-44.3)SE48-2605
Sitting Steinauer,Karberg,Bennett,Glowacki
Recused Oktay
Discussion(6:42) No commissioner concerns or questions
Staff Reviewed the project.Requires waivers for separation from ground water.
Motion Motion to Issue as drafted. (made by:Karberg)(seconded by: Glowacki)
Vote Carried unanimously
3. *7/11Nominee Trust—7& 11 Squam Road(21-8)SE48-2607
Sitting Steinauer,Karberg,Bennett,Glowacki
Recused Oktay
Discussion(6:47) No commissioner concerns or questions
Staff
Motion
Vote
Discussion Reviewed the project.Added condition about the pool is that discharge must be to an area outside
ConCom jurisdiction.
Motion to Issue as drafted.(made by:Bennett)(seconded by:Karberg)
Carried unanimously
of other closed notice of intent public hearings
4. FAB ACK2,LLC— 15 Lauretta Lane(14-10.1)SE48-2589
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki
Recused Karberg
Discussion(6:50) Oktay—Concerned about flanking and height of the bulkhead.
Discussion about adding a removal caveat
Monitoring of the nourishment should include photos.
Staff Positive order with findings relating to pre-1978 structures and lack of alternatives.
Page 6 of 7
Minutes for October 16,2013,adopted Oct.30
5. *Desert Island LLC—64 Cliff Road(30-66,Lot 2&3)SE48-2600(new construction with pool)
6. *Desert Island LLC—64 Cliff Road(30-66,Lot 4)SE48-2601 (new construction)
7. *Desert Island LLC—64 Cliff Road(30-66,Lot 5)SE48-2602(existing structure)
8. *Desert Island LLC—64 Cliff Road(30-66,Lot 6)SE48-2603(new construction with full basement)
Sitting Steinauer,Oktay,Bennett,Glowacki
Recused Karberg
Discussion(6:59) Lot 2&3 has a pool within the 50-foot setback.An impervious area is being removed.The pool is new
construction within a buffer where there presently is no construction.Monitoring components will be
added for the revegetation work and if it would negatively affect the wetlands.
Discussion about whether or not to permit the basement on Lot 6.
Staff Will draft positive orders for all four lots.
9. Salt Marsh R.T.—5 Saltmarsh Road(55-297)SE48-2606
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki
Recused None
Discussion(7:12) Normal conditions for elevated walkways.
Staff Will draft a positive order.
10. *Liberty Realty Trust—36 North Liberty Street(41-265)NAN-113
Sitting Steinauer,Oktay,Karberg,Bennett,Glowacki
Recused None
Discussion(7:15) Karberg—Pointed out the commission can't pay attention to ground water;but said she doesn't think
it is smart to punch through the clay.There seems to be no adverse impact on the wetlands.The
question is:what is the depth to ground water.
Discussion about monitoring the ground water.The clay layer is highly disturbed.
Staff Will draft a positive order.
C. Other Business
1. Reports:
a. CPC,None
b. NP&EDC,Bennett
c. Mosquito Control Committee,Oktay
d. Coastal Management Plan,Oktay
e. Other
2. Adoption of Minutes — Motion to Approve the following minutes. (made by: Karberg) (seconded by: Oktay)
Carried unanimously
a. July 10
b. July 24
c. July 30('Sconset Beach Preservation Fund special hearing)
d. August 7
e. August 8('Sconset Beach Preservation Fund special hearing)
f. August 20('Sconset Beach Preservation Fund special hearing)
g. August 21
h. August 28('Sconset Beach Preservation Fund special hearing)
i. September 11 ('Sconset Beach Preservation Fund special hearing)
j. September 17
k. September 25
1. October 2
3. Commissioners Comment
a. Oktay—NBI conference is November 1-3.
b. Karberg—Nantucket Bio-diversity Initiative is having their biennial conference November 2.
4. Administrator/Staff Reports
a. Wetland Replication Hummock Pond Bike Path—Will get information from Ms Buzanoski and forward that to
the commissioners.
b. Tennessee Avenue elevated walkway — Have removed the posts and concrete. Going through the rest of the
permit process.If they do not get those permits,the path will probably be allowed to grow back.It is technically
in compliance with the ConCom permit.
c. Requested letter of support from the commission for the Natural Resource Office's Community Preservation
application for rehabilitation/renovation of the Brant Point Shellfish Propagation Facility.
d. The Linda Loring Foundation Birding Festival is this weekend.
e. Discussion about scheduling
Motion to Adjourn at 7:30 p.m.
Submitted by:
Terry L.Norton
Page 7 of 7