HomeMy WebLinkAbout2013-10-30Minutes for October 30 2013 adopted May 28 2014
�cetturKFr CONSERVATION COMMISSION
2 Bathing Beach Road
'' \\ Nantucket, Massachusetts 02554
www.nantucket-ma.gov
Wednesday, October 30, 2013400 p.m.
'9pOgpZE� 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 4:05 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker
Attending Members: Steinaueq Oktay, Karberg, Bemett, Golding, Glowacki, Johnson
Absent Members: None
Early departure: Johnson 7:13 p.m.
Agenda adopted by unanimous consent
*Matter has not been heard
I. PUBLIC MEETING D A. Public Comment —None r
c i=
11. PUBLIC HEARING r' z
A. Notice of Intent m (v n
1. *Farrell, Trustee — 77 Eel Point Road (32 -14) SE48 -2608 M
Sitting Steimueq Oktay, Karberg, Bennett, Golding, Glowacki, Johnson cz
Recused None L3 rn
LL o
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Request cuntinumR, waipng on results of soil
analysis T
Discussion (4:07) None at this time. =
Public None
Staff None
Motion Continued to November 13 without objection.
Vote N/A
2. *Shimmo Hills, LLC -10 North Road (43 -81) SE48 -2609
Sitting Stchumer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Residential single - family home lot. Bulkhead
along the harbor includes land under the ocean, land subject to coastal flowage, coastal beach, and
coastal bank. Clear land to 25 -foot buffer and construct addition beyond the 50 -foot buffer. Pool is
located outside ConCom jurisdiction. Do not believe the project will have an adverse impact.
Removed vegetation will be loaded into a truck and take off site. A silt fence will be established and
will also help delineate the limit of work. Will come back with an amended order for my potential
grade change work is done. Request continuance.
Discussion (4:08) Steinauer — Expressed the opinion that there are some nice old trees and it will be a shame to
clear it all; that is a nice habitat though out of this commission's jurisdiction.
Bennett — With the pool, there will be some heavy grading. Does not want to approve my grade
change at this time.
Public None
Staff None
Motion Continued to November 13 without objection.
Vote N/A
Page 1 of 7
Minutes for October 30, 2013, adopted Mav 28.2014
3. *Town ofNamwcket/SBPF — 85 -91 & 99 -107A Baxter Road SE48-
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson
Recused
None
Documentation
Supporting documents and plans. Submitted a letter at the table. Staging notes submitted at the table.
Representative
Kara Buzanoski, Director Department of Public Works (DPW) —The Town has a legal responsibility
(4:22)
to provide access for public safety and public utilities. Baxter Road is in danger of being broached.
Explained the two- pronged approach being taken: moving the utilities and new road access. Milone &
MmBroom has been hired to stabilize the road. Co- applicant is'Sconset Beach Preservation Fond,
who is donating the construction of this project. Talked about the Board of Selectmen (BOS) license
being entered into with'Sconset Beach Preservation Fond for the stabilization of the bank toe.
Nicole Burnham, Engineer, Milone & MacBroom Coastal Engineering — First performed an
alternative analysis. Explained why driving sheathing won't work. There is a very real and significant
concern about the slope failing at any moment regardless of average erosion rates. Stabilizing the
slope can't be done at the top; it must be done at the toe. Proposed plan is a 4 -tube geo -tube revetment
from elevation zero to 26 that runs from 85 to 107A Baxter Road. Went over the construction
methodology and staging. Do not want to excavate into the slope, but will excavate into the beach only
enough for the bottom tube to lie level. Final touches are jute netting and nourishment sand and grass
planting. Reviewed the robust monitoring program in the NOI. Detailed the failure criteria during the
5 years of the life of the project and removal at the end of the 5 years.
John Roberge, Principal, Milone & MacBromm Coastal Engineering — Recommended the scow
protection curtain (the fourth tube) at a depth of about 6.5 to 7 feet below the average winter profile;
that ends up being about elevation zero. Slope will be 2.5 -on -I up to 26 feet. The structure will be
under laid by a geo- textile curtain to help mitigate any movement of the tubes over the life of the
project. Estimate settlement of the tubes is about 1.7 inches. The tubes will be covered with about 2
feet of beach sand which protects the material and provides erosion material. The sand slope will be
slightly shallower than the 2.5 -on -I slope of the tubes. Addressed the flanking issues connected with
the ends of the project: no straight/vertical return walls. Will step the terminal ends and feather the
sand cover into the existing bluff.
Buzanoski — Will be submitting formal waiver requests once they have feedback on the project.
Request a continuance.
Discussion (4:49)
Oktay — Asked if they would consider coin material. (Answer: Geo- textile chosen for durability.)
Asked about what would happen if the tubes break loose.
Bob DeCosta, BOS — Explained that these are very large and will not fail like a 14X14 bag and as
they hold sand, they will not float
Johnson — Stated she heard the tubes would be 19X6.5 then Mr. Decosta gave a different size.
(Answer: The tubes we 19X6.5X200feet.)
Oktay — Concerned about the use of fresh water from the slurry working into the ocean and causing an
algae bloom.
Golding — At 80 gallons of water to 20 gallons of sand, works out to 40M gallons of water.
Jamie Feeley, Cottage and Castle Construction — Explained how the slurry would be administered to
the structure.
Golding — Referred to the letter from Ms Burnham to the DPW dated October 10 in which the
proposal was much different. Asked about that change.
Buzanoski — Explained how this project came to be the preferred proposal. Stated the goal is that the
move of utilities and construction of a new access road will be completed within 5 years. Would have
to come back for an extension if it takes longer.
Steinauer — Asked about the anchor who being removed without the bank dropping.
Roberge — An alternative anchoring technique would be to fold the fabric back over the tube and bury
it into the bank about 1 fops. There would be some localize sloughing and that would be addressed as
the constmction/mmoval proceeds.
Steinauer — Would like to see examples where this type of structure has worked.
Roberge — Explained the reason for the elongated anchor tube in preventing failure.
Steinauer —Asked if the sand mitigation volume is initial or annual.
Roberge — Does not recommend an annual volume but recommends reacting to scour to mimic nature.
Discussion about nourishment volume.
Bennett — Should repair need to be done in the winter, expressed concern that the slurry would freeze.
Steinauer— Would appreciate a discussion about wave reflection off this structure.
Roberge — There is no data on wave run -up on geo -tubes. Have to use what data is available. Wave
pressure is on the magnitude of 700 pounds per square inch.
Oktay — Asked about percolation through the tubes hitting the material underneath and washing out.
Roberge — The sand will be more resistant to percolation that the material.
Page 2 of 7
Minutes for October 30, 2013, adopted Mac 28. 2014
Discussion
Burnham — All equipment will come in from Hoicks Hollow. Will have to remove vegetation at the
continued (5:17)
actual staging points but will re -seed upon completion
of construction.
Sleinauer — Wants to make it very clear that this
is about Baxter Road and public infrastructure only.
DeCosta —the Town is the applicant here and is in an emergency situation to continue providing
access and utilities.
Okmy — Even though this is a temporary permit; removal would have to be part of the conditions.
Johnson — Asked who would be responsible for the cost associated for removal.
Buzanoski — Town Counsel has been working with counsel for'Sconset Beach Preservation Fond on
that.
Steinauer — This is a Town project on Town property and the Town is ultimately responsible.
Decosta — There will be an escrow in place for removal before construction begins; it will be covered
in the license. Town Counsel will be here for the next hearing and those questions can be directly
addressed to him.
Oktay — Would like to know how the structures that have been permitted are holding up.
Shimmer — Would like to see how the numbers (erosion rate, slope, height) were arrived at.
Johnson — In other projects, thejum bags have been known to work and have less scouring.
Golding —Noted there is no core analysis.
Buzammski — Will provide that for the next meeting.
Public (5:26)
Dirk Roggeveen, for Quidnet -Squam Association — His clients' concerns are that if the project is not
properly conditioned, it will cause adverse impact to their properties and beaches. Noted that each
successive proposal has become more damaging. Geo -robes are the most damaging as it is a flat
surface reflecting the wave action. Feels the submitted information is not sufficient for the commission
to make an informed decision. Listed what information he feels is lacking in the application: data
supporting retreat analysis and thus mitigation, sediment transport, a clear erosion rate, profile
information for down -drift beaches, an outside technical review of the application, and an independent
environmental review. Pointed out they are being told this is an emergency, which seems to conflict
with the application coming in as a NOI. Reviewed 310CMR10.33, which has no provision for
protecting roads and public infra - structure. 310CMR10.24 addresses reasons for limited projects but
does not include what is proposed for Baxter Road. Stated that he does not believe this qualifies as a
limited project or an NOI and that it should have been filed as an emergency certification request. The
jute bags are designed to release sand at the time it is needed; those jute bags did not fail but did what
they are required to do. Expressed the opinion that jute bags of this sin might be a better proposal.
Emily MacKinnon, Nantucket Land Council — Have reviewed the project and are aware of what is
going on with Baxter Road. Concerns include: design, compliance with the state wetlands protection
act, and technical concerns with the design. Believe this project has been over designed causing
greater impact to the resource areas and concerned about preventing adverse impact.
Trey Ruthven, Applied Coastal Research and Engineering, Consultant for Nantucket Land Counsel —
Mitigation is meant to protect coastal down -drift beaches and is not meant to protect the structure.
Sand in the tubes is not available for the system. Talked about mitigation volumes: natural versus
proposed. Averaging erosion data submitted with previous applications, come up with 22.2 cubic
yards per year. Reviewed design features and presented his alternative analyses. Suggested the
proposed monitoring plan is inadequate and that transects are needed every 60 to 100 feet north and
south of the project; those surveys should be done by a licensed surveyor.
Alix Frick Nelson, 58 Squam Road —Aside from what is being proposed, feels this is not qualifying
as a limited project. Asked if it works, why the Town would want it removed after five years.
Carol Donlon, 36 Exeter Street — Would like see other projects where geo -robes have been used.
Brian Butler — Wonders if there is a "100" year storm and loss of sand is greater than that being
provided, how would it be replaced during the storm. (Answer: it could not be replaced during the
storm.)
Pete Kaizer, Commercial Fisherman — The bags in the past have become marine hazards. Would like
to see these anchored. Expressed his support of a rock revetment. Suggested the board find out how
much of the coin- and jute -bag projects have had to be replaced.
Staff
The Town will be the permit holder and so ultimately responsible for meeting the conditions of that
permit. The application in front of the board is bound by what was applied for; it can be amended.
Explained that and emergency certification requires the abatement work to be completed within 30
days. The Department of Environmental Protection will review the project and provide
recommendations.
Motion
Continued to November 6 without objection.
vote
N/A
Page 3 of 7
Minutes for October 30, 2013, adopted Mm 28. 2014
B. Amended Order of Conditions
l.' (42.4.1 -113)
SE48 -2567
Sitting
Steinaueq Okmy, Karberg Bennett, Golding, Glowacki, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc. — Received an Order of Conditions to
raise and rebuild; requesting to amend and review some of the revisions. The house has been
reconfigured, replacing the slab -construction garage with a single - family dwelling on piers to conform
Discussion (6:22)
with flood plain standards. The reconfiguration allows for a 99- square-foot reduction between the 25
Public
& 50 buffer and eliminates the driveway.
Discussion (6:17)
None
Public
None
Staff
Recommend issue as an amended order.
Motion
Motion to Issue. (made by: Oktay) (seconded by: Bennett)
Vote
Carried unanimously
III. PUBLIC MEETING
A. Request for Determination of Applicability
1. *Danny Boy N.T. —15 Low Beach Road (74 -84)
Sitting
Steinaueq Oktay, Karberg Bennett, Golding, Glowacki, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — RDA for proposed work within buffer zone to
coastal dune. Need to confirm the wetland boundary. Construction for water, sewer and driveway on
opposite side of road from the wetlands.
Discussion (6:22)
None
Public
None
Staff
Recommend Positive 2 continuing coastal done and Negative 3 work within the buffer zones.
Motion
Motion to Approve and recommended. (made by: Bennett) (seconded by: Oktay)
Vote
Carried unanimously
2. "North Star
land Company — 4 North Star Lane (30 -189)
Sitting
Stemmer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson
Recused
Documentation
Supporting documents and plans.
Representative
Brian Madden, Laurentide Environmental Consultants, Inc. — Proposed activity is between 50 & 100 -
foot buffer zone: proposed addition, outdoor shower, porch and steps and shed to be replaced with
lawn.
Discussion (6:24)
None
Public
None
Staff
Recommend Negative 3 for work in buffer zone.
Motion
Motion to Approve as recommended. (made by: Bennett) (seconded by: Karberg)
Vote
Carried unanimously
3. •Urbahn — 101
Low Beach Road (75 -32)
Sitting
Steinauer, Okmy, Bennett, Golding, Glowacki, Johnson
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Mark Rits, Site Design Engineering— Request to confurn wetland resource areas. Not proposing any
work at this time.
Discussion (6:26)
None
Public
None
Staff
Recommend a Positive 2 confirming the wetlands.
Motion
Motion to Approve as recommended. (made by: Glowacki) (seconded by: Oktay)
Vote
Carried unanimously
Page 4 of 7
Minutes for October 30, 2013, adopted Mav 28. 2014
B. Certificates of Compliance
1. 'Everets — 28 Willard Street (29- 112.2) SE48 -2420
Sitting
Oktay (acting), Karberg, Bennett, Golding, Glowacki, Johnson
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion (6:28)
None
Public
None
Staff
Waiting on as -built plan of the work; recommend this be continued Nov 13
Motion
Motion to Continue to November 13. (made by: Bennett) (seconded by: Karberg)
Vote
Carried unanimously
C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance)
L 'FAB ACK2, LLC — 15 Lauretta Lane (14 -10.1) SE48 -2589
Sitting
Steinauer, Oktay, Bennett, Golding, Glowacki, Johnson
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
None
Discussion (6:30)
Johnson attested that she reviewed all the pertinent information and is able to sit on the project.
Steinauer— Would like a line that includes the inability to retreat in the waiver.
Oktay — Is against the project.
Golding — Spoke against the project.
Johnson — Stated that she is also not in favor of this.
Glowacki - Asked for an amendment to the motion to strike any reference to "nourishment."
Discussion about Mr. Glowacki's requested amendment versus mimicking the natural process.
Motion to Approve Mr. Glowacki's amendment. Made by Golding. Not carried 1 -5
Motion to Issue as amended. (made by: Bennett) (seconded by: Glowacki) Not Carried 2A
Glowacki — Asked the commission make a finding as to whether or not the structure is in imminent
danger.
Consensus agrees that there is no place to move the structure. Discussion about whether or not the
structure is in imminent danger, how close is imminent danger.
Vote: 2 find it is in imminent danger; 3 do not.
Oktay — Stated that she believes a re- vegetated done is a viable alternative to the bulkhead; bulkheads
take away beaches.
Review of the order, condition by condition.
Oktay — There are other reasonable alternatives to protect the house.
Golding & Johnson — Agree.
Steinauer — Concerned that a zig -zag fence would take up too much of an already small beach. This
is, however, a precedent. That was the reason for the discussion about the function of the beach, the
house and inability to move the house.
Golding — There is plenty of beach.
Okmy — The very last option is to put a vertical bulkhead and the state does not recommend it. Need
to draft a denial that states that this order does not permit the construction of a vertical board bulkhead
with nourishment on a coastal bank. The commission has found there are alternatives.
Vote is 3 -2 for staff to draft a denial.
Discussion about whether or not alternatives were mentioned in the public hearing and what those
alternatives are.
Public
None
Staff
Wrote a positive order for conditions for a bulkhead to protect pre -1978 structure. Reviewed findings
and the waiver. This does not need a state waiver as the project meets the state performance standards
criteria.
Before he drafts a new order of conditions, there needs to be a clear discussion about what
Performance Standards are not being met.
Staff is to draft a denial.
Motion
Continued to November 6 without objection.
Vote
N/A
Page 5 of 7
Minutes for October 30 2013, adopted Mav 28.2014
2. 'Desert Island LLC — 64 Cliff Road (30 -66, Lot 2 &3) SE48- 2600(new construction with pool)
Sitting
Steinauer, Karberg, Bennett, Golding, Glowacki
Recused
Oktay
Documentation
Supporting documents and plans.
Representative
None
Discussion (7:14)
Steinauer — Stated that he does not believe the pool takes proper advantage of buffers.
Bennett — Concerned about the raising of the grade.
Public
None
Staff
Lot 2 &3 has condition 21 about submitting a planting plan. Reviewed attached conditions to include
that the pool will be drained to an area outside the wetlands.
Motion
Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried 4 -1 /Steinauer opposed
3. ' Desert Island
LLC — 64 Cliff Road (30 -66, Lot 4) SE48 -2601 (new construction)
Sitting
Steinauer, Karberg, Bennett, Golding, Glowacki
Recused
Okmy
Documentation
Supporting documents and plans.
Representative
None
Discussion (7:18)
None
Public
None
Staff
The orders for lots 4, 5 & 6 are essentially the same conditions.
Motion
Motion to Issue as drafted. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried unanimously
4. ' Desert Island LLC — 64 Cliff Road (30 -66, Lot 5) SE48 -2602 (new construction)
Sitting
Steinauer, Karberg, Bennett, Golding, Glowacki
Recused
Oktay
Documentation
Supporting documents and plans.
Representative
None
Discussion (7:18)
None
Public
None
Staff
The orders for lots 4, 5 & 6 are essentially the same conditions.
Motion
Motion to Issue as drafted. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried unanimously
5. ' Desert Island LLC — 64 Cliff Road (3066, Lot 6) SE48- 2603(new construction with full basement)
Sitting
Steinauer, Karberg, Bennett, Golding, Glowacki
Recused
Okmy
Documentation
Supporting documents and plans.
Representative
None
Discussion (7:18)
None
Public
None
Staff
The orders for lots 4, 5 & 6 are essentially the same conditions.
Motion
Motion to Issue as drafted. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried unanimously
6. 'Salt Marsh
Cranes R.T. — 5 Saltmarsh Road (55 -297) SE48 -2606
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — If the walkway is under 30" from the surface, it
doesn't need a handrail, according to the Building Code.
Discussion (7:20)
Golding — Thought there would be no handrail. If it is at 23 ", it won't need a handrail.
Oktay — Wants to ensure there is 24" separation between the ground and the walkway to allow for
growth.
Discussion about removing the railing.
Golding — Would like to specify no railing due to the esthetics.
Public
None
Staff
There are two plans: one with a railing and one without; they proposed both. Can either specify no
railing or allow the applicant to pick.
Motion
Motion to Issue as drafted. (made by: Glowacki) (seconded by: Bennett)
Vote
Carried 5 -0/Golding abstain
Page 6 of 7
Minutes for October 30, 2013, adopted Mav 28.2014
7. - Liberty Realty Trust— 36 North Liberty Street (41 -265) NAN -113
Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion (7:27) None
Public None
Staff For an addition on an existing structure across the street from a wetland. Requested a waiver for 2 -foot
separation from ground water. Special condition that no dewatering is allowed.
Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett)
Vote Carried unanimously
S. Discussion of other closed notice of intent public hearings — Staff asked for confirmation that he is drafting a
positive order for Shimmo Hills.
D. Other Business
1. Reports:
a. CPC, Golding — Reviewed the number of applications.
b. NP &EDC, Bennett — No meeting.
c. Mosquito Control Committee, Oktay—NO meeting.
d. Coastal Management Plan, Oktay — Met October 28; next meeting November 18.
e. Other
2. Adoption of Minutes — October 16, 2013: Motion to Approve. (made by: Glowacki) (seconded by: Oktay)
Carried unanimously
3. Commissioners Comment - None
4. Administrator /Staff Report
a. Enforcement Order, 24 Bassett Road: Lucy Dillon, 1820 Bassett Road — There is a pool that is consistently
emptied into the wetlands on my property; believes thew water is conditioned to be trucked in and out. This year
there was brush cutting and looks to have used herbicide. Staff— Issued an enforcement order for the pool and
turned the enforcement over to Officer Robinson.
Motion to Adjourn at 7:39 p.m.
Submitted by:
Terry L. Norton
Page 7 of 7