HomeMy WebLinkAbout2013-12-4Commissioners: 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
Attending Members: Stemauer, Oktay (remote participation), Karberg, Bennett, Golding, Glowacki
Absent Members: Johnson
Early departure: Glowacki 7:43 p.m.; Oktay 8:18 p.m.
Agenda adopted by unanimous consent
'Matter has not been heard z s
I. PUBLIC MEETING
A. Public Comment- None �� z
M
IL PUBLIC HEARING N m
A. Notice of Intent
1. Rowe — 137 Wauwinet Road (I1- 11.1)SE48 -2468
Sitting Steinauer, Karberg Oktay, Bennett, Golding N o
Recused Glowacki
Documentation Supporting documents and plans. t
Representative Brent Watts —New Septi-tech removal system and well. v
Discussion No questions or comments. '
Public None
Staff Reporting requirements can be taken up in the Order of Conditions. Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Karberg)
Vote Bennett — aye, Golding — aye, Stemmer — aye, Oktay - aye
Carried unanimously
2. Farrell, Trustee -77 Eel Point Road (32 -14) SE48 -2608
Sitting Sminaueq Oktay, Karberg, Bennett, Golding, Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Coastal stabilization; reviewed supplemental
information provided. Requesting a waiver under Section 205.b.3, use of the bank as a sediment
source. Sand will be released from the jute bags and by keeping the tubes covered with monitoring of
sand nourishment. The Coir tubes will be anchored. There will be no hard wall. Mitigating adverse
impact by providing nourishment. A second segment of the waiver requires an alternative analysis
which has been provided; summarized that analysis. Erosion rate was based upon aerial photos from
1990s. This is a pre -1978 structure. Part of this is to ensure protection to provide for the relocation.
Pointed out that there have been four identical structures approved abutting this property and that they
are willing to meet all the same requirements. Requested continuance.
Sarah Alger, Sarah F. Alger P.C. — The applicant has reported significant loss in the past two years
between the bank and the house.
Discussion Bennett — The house has been moved back so is no longer threatened. He wonders what is being
protected.
Oklay — Her concern is the same. Questions the erosion rate of 10 feet. The plans show a proposed
structure behind, closer to the road; asked if that is correct. (That is an existing structure.)
Glowacki — Hasn't heard about any adverse environmental impacts.
Steinauer — This isn't the worst proposal he has seen.
Discussion about whether or not there could be damage to the vertical buffer.
Public Emily MacKinnon, Nantucket Land Council — Addressed the waiver request. There is an open permit
for a viable alternative of moving the structures.
Staff There is an open permit for the relocation of the two existing structures.
Motion Continued to 12/18 without objection
Vote N/A
Page 1 of 11
Minutes for December 4, 2013, adopted May 28, 2014
CONSERVATION COMMISSION
-o2
Bathing Beach Road
Nantucket, Massachusetts 02554
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D41,
www.nantucket -ma. gov
Wednesday, December 4, 2013 4:00 p.m.
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
Attending Members: Stemauer, Oktay (remote participation), Karberg, Bennett, Golding, Glowacki
Absent Members: Johnson
Early departure: Glowacki 7:43 p.m.; Oktay 8:18 p.m.
Agenda adopted by unanimous consent
'Matter has not been heard z s
I. PUBLIC MEETING
A. Public Comment- None �� z
M
IL PUBLIC HEARING N m
A. Notice of Intent
1. Rowe — 137 Wauwinet Road (I1- 11.1)SE48 -2468
Sitting Steinauer, Karberg Oktay, Bennett, Golding N o
Recused Glowacki
Documentation Supporting documents and plans. t
Representative Brent Watts —New Septi-tech removal system and well. v
Discussion No questions or comments. '
Public None
Staff Reporting requirements can be taken up in the Order of Conditions. Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Karberg)
Vote Bennett — aye, Golding — aye, Stemmer — aye, Oktay - aye
Carried unanimously
2. Farrell, Trustee -77 Eel Point Road (32 -14) SE48 -2608
Sitting Sminaueq Oktay, Karberg, Bennett, Golding, Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Coastal stabilization; reviewed supplemental
information provided. Requesting a waiver under Section 205.b.3, use of the bank as a sediment
source. Sand will be released from the jute bags and by keeping the tubes covered with monitoring of
sand nourishment. The Coir tubes will be anchored. There will be no hard wall. Mitigating adverse
impact by providing nourishment. A second segment of the waiver requires an alternative analysis
which has been provided; summarized that analysis. Erosion rate was based upon aerial photos from
1990s. This is a pre -1978 structure. Part of this is to ensure protection to provide for the relocation.
Pointed out that there have been four identical structures approved abutting this property and that they
are willing to meet all the same requirements. Requested continuance.
Sarah Alger, Sarah F. Alger P.C. — The applicant has reported significant loss in the past two years
between the bank and the house.
Discussion Bennett — The house has been moved back so is no longer threatened. He wonders what is being
protected.
Oklay — Her concern is the same. Questions the erosion rate of 10 feet. The plans show a proposed
structure behind, closer to the road; asked if that is correct. (That is an existing structure.)
Glowacki — Hasn't heard about any adverse environmental impacts.
Steinauer — This isn't the worst proposal he has seen.
Discussion about whether or not there could be damage to the vertical buffer.
Public Emily MacKinnon, Nantucket Land Council — Addressed the waiver request. There is an open permit
for a viable alternative of moving the structures.
Staff There is an open permit for the relocation of the two existing structures.
Motion Continued to 12/18 without objection
Vote N/A
Page 1 of 11
Minutes for December 4, 2013, adopted May 28, 2014
23 Lincoln Ave. N.T. — 23 Lincoln Ave (3042) SE48 -2613
Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Proposal to raise a shed within a coastal dune.
Have received the file number and Massachusetts Natural Heritage sign off.
Discussion None
Public None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Golding)
Vote Glowacki — aye, Bennett — aye, Golding — aye, Karberg — aye, Steinauer — aye, Oktay - aye
Carried unanimously
3. Schmid Realty Trust -9 E Street (60.2.1 -6) SE48 -2611
Sitting Steinaueq Okmy, Karberg, Bennett, Golding, Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — For residential redevelopment of lot in
resource areas: Hither Creek, salt marsh, coastal bank, and land subject to coastal flowage. Reviewed
proposed work. Will re- vegetate the existing walkway with appropriate native plants. Garden within
resource area will re- vegetate that area. Waiver requested due to existing structure being within the
resource area and the buffer zone. Work on the walkway within the resource area will be done by
hand. Reviewed the net benefits. Stated he is confidence that vegetation can be encouraged to grow in
the existing pathway; with the elevated walkway there would be an increase in vegetated area. The
septic and leach field are not moving; they are already outside of the 100 -foot buffer.
Discussion Oktay — The path is very compacted and very disturbed. Doesn't see the need of putting in a walkway
to further disturb the area and that it is not actually needed.
Public None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett)
Vote Glowacki — aye, Bennett — aye, Golding — aye, Karberg — aye, Steinauer — aye, Oktay - aye
Carried unanimously
4. Sanford — 15 Meader Street (42.2.3 -45) SE48 -2612 (coot to 12/18)
5. •Siasconset Water Department -82 -120 Baxter Road (Layout) SE48 -2618
Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki
Recused None
Documentation Supporting documents and plans.
Representative Bob Gardner, Manager `Sconset Water Department — Moving a 6" water main to the west side of
Baxter Road due to threat of erosion. Requesting a waiver for work within the buffer zone of three
wetlands. There will be no dewatering. Work should take about two weeks.
Discussion None
Public None
Staff Filtration methods will be put in place in the areas of the wetlands. Also with the buffer zone of the
coastal bank. Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: )
Vote Glowacki — aye, Bennett — aye, Golding — aye, Karberg — aye, Steinauer — aye, Oktay - aye
Carried unanimously
6. - Cavillo -37 Quaise Road (26-4) SE48 -2621
Sitting Steinauer, Oku y, Bennett, Golding, Glowacki
Recused Karberg,
Documentation Supporting documents and plans.
Representative Don Bracken, Bracken Engineering — Septic upgrade. Resource area: coastal bank and bordering
vegetated wetlands.
Discussion None
Public None
Staff Have everything needed to close.
Motion Motion to Close. (made by: Bennett) (seconded by: Golding)
Vote Glowacki — aye, Bennett — aye, Golding — aye, Steinauer —aye, Oktay - aye
Carried 5 -0
7. • Wesquo Property A, LLC — 5 North Liberty Street (42.3.1 -114) SE48 -2620 (cont to 12/18)
Page 2 of 11
Page 3 of 11
Minutes for December 4, 2013, adopted May 28, 2014
8. 'Benedict—
1013 Crow's Nest Way (12 -44.2) SE48 -2615
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
David M. Haines, Haines Hydrogeologic Consulting — Request for a small addition on existing house
within the bordering vegetated wetlands buffer zone. Addition to be on opposite side of the house
from the resource area. Part of the project is to enhance and expand the existing vegetated buffer.
Waivers for work within 50 -feet of a resource area and Sono -robes within two feet of water table.
Asking for a small dewatering area and no reasonable alternative. The addition will above the ground
over existing lawn. Addition is exempt from Massachusetts Natural Heritage, but the back portion of
the lawn is within the Mass habitat. Have not heard back from Massachusetts Natural Heritage.
Reviewed the planting list. Requested a continuance.
Discussion
None
Public
None
Staff
Will draft an order.
Motion
Continued to 12/18 without objection
Vote
N/A
9. -Bartlett —
I Mothball Way (83 42.4) SE48 -2619
Sitting
Steinaueq Oktay, Karberg, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Two confirmed resource areas: coastal bank and bordering
vegetated wetlands. Proposing an addition and deck to existing outside the 50 -foot no -build zone.
Septic exists. Also, we are applying for the invasive species removal of phragmites; clip and drip with
Rodeo® application. Submitted an invasive report to Massachusetts Natural Heritage but have not yet
received a response. Work will be above the flood zone. Requested a continuance.
Discussion
None
Public
None
Staff
Will draft an order.
Motion
Continued to 12/18 without objection
Vote
N/A
10.'Squinto Family Partnership — 10 Long Pond Drive (59 -24) SE48 -2617
Sitting
Steinauer, Cluny, Bennett Golding, Glowacki
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Resource areas: bordering vegetated wetlands. Installation of
new a septic system outside the 100 -foot buffer. Also outside the 300 -foot setback for Long Pond. All
work is outside areas underjurisdiction of Massachusetts Natural Heritage. The old tank will come
out.
Discussion
None
Public
None
Staff
Have everything needed to close.
Motion
Motion to Close. (made by: Bennett) (seconded by: Golding)
Vote
Glowacki — aye, Bennett — aye, Golding — aye, Steinauer — aye, Oktay - aye
Carried unanimously
11. *MacFarlane
— 15 Lyford Road (92.4 -86) SE48 -2616
Sitting
Steinaueq Oktay, Bennett Golding, Glowacki
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Property is adjacent to coastal bank and shoreline on south side.
Serviced by an on -site well and septic. The bank is stable. Proposing addition of a deck and covered
porches along the west, south and east side within existing lawn areas within the 50 -foot buffer.
Requesting waivers order grounds of no adverse impact and no reasonable alternatives for work
within 25- and 50 -foot buffers; between 50 -100 feet no work is proposed.
Discussion
Bennett — Concerned about work within the 25 -foot setback.
Oktay — Confirmed that work within the 25 -foot setback is the porch with a second -floor deck.
Public
None
Staff
Reviewed the interests that pertain to the coastal bank. Have everything needed to close.
Motion
Motion to Close. (made by: Glowacki) (seconded by: Bennett)
Vote
Glowacki — aye, Bennett — aye, Golding — aye, Steinzuer —aye, Oktay - aye
Carried 5 -0
Page 3 of 11
Page 4 of 11
Minutes for December 4, 2013, adopted May 28, 2014
12. -Nantucket Islands Land Bank — 4 Codfish Park Road (73.2.442) SE48 -2614
Sitting
Steinauer, Oktay, Bennett, Golding, Glowacki
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Bob Emack — Playground with perimeter fencing within 100 -foot buffer to a coastal dune. Stated he
did dig holes in the site and none of the soils seem to be wind -blown sand indicative of a coastal done.
Requested
a continuance.
Julie
Jordan, Landscape Artist — Explained the construction materials; pathway will be compacted
stone dust with recycled rubber tiles. Will leave as much buffer as exists now. Topsoil will be enriched
for the plantings and minimal grading done to avoid puddles. Reviewed the planting list.
Discussion
Review of the resource new and applicable performance standards.
Glowacki — Stated he does not see a lot of jurisdictional concerns.
Discussion about having the resource areas double checked.
Oktay — Would prefer the use of as much sand as possible and not bringing in top soil. Also would
like further testing to ensure the playground isn't in a coastal done field.
Public
Bill (last time unintelligible) for neighbors — Submitted a letter to the record. There is an outstanding
Order of Conditions for the existing playground from late 1998. DEP issued a superseding
determination on what resource areas come into play here: the bluff a; a coastal bank at the back of the
property and the site itself is within the coastal done. Feels those issues need on be addressed. In the
existing order, the commission was concerned about disturbance and limited the foot print of the
playground; it did not want any of the rest of the property disturbed.
Staff
The commission can look at transects through the site to determine the resource area. The flood zone
doesn't intersect the bank and doesn't abut the coastal beach or done. The site itself doesn't work as a
coastal dune.
Motion
Continued to 12/18 without objection
Vote
N/A
13.Town of
Namucket/SBPF- 85 -107A Baxter Road SE48 -2610
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Kara Buzanoski, Director Department of Public Works — (Too much extraneous noise to hear what
she was saying about the project. Also she is too far from any microphones.) Her biggest concern is
stabilization of the toe.
Nicole Burnham, Engineer, Milone & MacBroom Coastal Engineering — Requesting 1300 feet of
structure. Reviewed the revised construction using 2 geo-texfile tubes, fourjute tubes, andjute netting.
Referred to a letter in the file. The purpose of the scow apron with this design is to hold the toe.
Jamie Feeley, Cottage and Castle Construction
Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP for co- applicant
Staff
When ConCom takes action on this, two hearings will be running simultaneously: action as pertains to
the NOl and action as pertains to the emergency request. The emergency request has to be acted upon
today.
Discussion
This presentation is for both the NOI and the Emergency Certification.
Golding — On the previous plan, there was membrane behind the geo-tube; those don't show on these
Plans.
Steinauer — Original plan buried a 4 -foot anchor tube with a scow apron folded back over; the fiber
robes are designed to deflate under severe conditions then there is nothing to hold the scour apron.
Discussion about the precocity of different manufactures of the textile robes.
End tubes are proposed to bejute to be anchored by weight ofjute and sand.
Oktay — (summarized by Mr. Carlson) Would like to minimize the time between storms and reporting
condition and composition to ensure that oversight is as timely as possible.
Steinauer — Wondered if the jute tubes would help alleviate end seem; if there is end scow, how would
it be dealt with.
Burnham — Would wrap the jute around the coastal bank and infill the gaps.
Golding — Feels that there should be very stringent monitoring attached to this approval, monitoring
during a storm and immediate action to mitigate end scow.
Burnham — That would be the purpose of the transects.
Bennett — Asked what the trigger would be for replacement of sacrificial sand layer on the seaward
edge.
Burnham — Half the bottom geo -tube exposed.
Steinauer— Assuming the access at Hoicks Hollow is maintained for accessibility, there has been a
problem of vehicles accessing the beach going north. There were issues with a locked gate at the top of
the access; but something should go in there to protect the plovers.
Carlson — That is a Beach Management issue.
Page 4 of 11
Minutes for December 4, 2013, adopted May 28, 2014
Clarification that the NOI will include 107A Baxter Road and the Emergency Certification stops at 105
Baxter Road.
Glowacki — Outside of the emergency, the discussion about a reasonable alternative came up in regards
to the NOL Those reasonable alternatives are less effective and cost more money; hopes to go back over
what reasonable means.
Golding — Believes reasonable is finding a balance between the environmentally damaging geo -tubes
and the more expensivejute tubes.
Discussion about the alternatives and why commissioners feel they are or are not reasonable. Storm
wave action has to reach elevation 13 before they impact thejute robes.
Feeley — The jute would be set at the 100 -year storm elevation.
Steinauer — This might be the first such request but it will not be the last That is why it has to be
carefully considered.
Public Helmut Weymar, 78 Baxter Road — If this comes down in three years, doesn't see why we are going
through all this.
Barn LaFarge — Does not believe the sand delivery system is tested in an environment like this and
feels it isn't a good idea to test it like this.
Feeley — The challenge is to address sand.
Carlson — Pointed out that an important aspect to be taken into account is the specific site conditions of
coastal dynamics.
Dirk Roggeveen, Quidnet/Squam Association (QSA) — The state law does not allow hard armoring of
coastal banks except to protect pre -1978 buildings; it does not protect roadways. It was reported that a
DEP representative met Ms Buzanoski and Mr. Carlson two weeks ago and ruled that this did not fall
into the limited project criteria of the state wetland protection regulations. Reminds the commission to
review the state law in regards to what structures are allowed along coastal banks. This is represented as
a temporary structure designed for a 100 -year storm; questions the odds of a 100 -year storm occurring
during the relocation of Baxter Road. Expressed concerned about ensuring that this does not become
permanent and pointed out that the commission doesn't actually have control over keeping it from
becoming permanent. Suggested that ConCom find a way to ensure this project does into become
permanent. His client is opposed many hard armoring on the basis that the applicant has not addressed
how to deal with the erosion that will occur in front of the tubes and end scour. Submitted photos of a
jute (or Con) bag structure on Sheep Pond Road that showed end scow over a period of years. Cited a
situation in which there was an attempt to remove sand -filled jute bags and how difficult it was without
ripping the bags.
Glowacki — There seems to be varying opinions on where sand entering the littoral drift goes.
Steinauer — It is had to predict the exact route of sand, but he has heard of numerous cases where
beaches up- and down -drift of a hard -armor structure began disappearing.
Feeley — Has talked to other contractors wound the country involved in geo -tube structures and has
collaborated with Carl Jelleme to estimate the removal costs. Explained how the bags would be
removed. The escrow account is included under the Emergency Certification application.
Buzanoski — Stated that she asked the DEP representative about the limited project aspect of the
original application. She received letters from the three reviewers that stated they didn't feel the NOI
would violate state law because it would protect the road and that moving the road does not qualify as
maintenance.
Emily MacKinnon, Nantucket Land Council — There we still concerns with performance with DEP
regulations. There are also concerns with use of geo -tubes; the biggest is that at elevation 13 and what
form will it take to access the sand material above that. Also share the concerns of the beach in front of
the geo -tubes disappearing and end scow. Would like clarification of what happens to the excavated
beach material at elevation zero and is the sand material being placed to hold the scow apron included
in the 22 cubic yards. Do think it is important for the commission to deliberate the issue of defining of a
reasonable alternative.
Cohen — The filing shows there are 40 pre -1978 homes along this road 12 to 15 of which are either in
front of or behind the proposal before the commission now. Expressed frustration at what he called
unprofessional unlicensed engineers making determinations about the project that contradict statements
by licensed professional engineers. In his opinion the Town of Nantucket has made its case in regards to
the Emergency Certification application.
Roggeveen — Brought the commission's attention that the pre-1978 houses on the landward side of
Baxter Road are about 100 feet from the bluff and have room to move back on their properties so we
not entitled to protection.
Cohen — Rebutted Mr. Roggeveen's statement.
Buzanoski — Asked the commission to vote on the Emergency Certification and continue the NOL
Page 5 of 11
Page 6 of I1
Minutes for December 4, 2013, adopted May 28, 2014
Staff
Carlson — Recommended a continuation on the NOI due to information that did not come in
until the day before the meeting.
Motion
Continued to 12/18 without objection
Vote
N/A
B. Emergency Certifications
1. Town of Nantucket — 85 -105 Baxter Road (multiple parcels)
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki
Recused
None
Documentation
Supporting documents and plans.
Representative
Kam Buzanoski, Director Department of Public Works
Nicole Bambara, Engineer, Milone & MacBroom Coastal Engineering
Discussion
Oktay — Reminded people about Robert Young's letter in which he did not recommend geo- textile
tubes. Every coastal geologist she knows does not favor geo- textile tubes and that the commission
either ensues it is removable or accepts the adverse impacts the structure will cause. Favors the use of
Coir orjule bags and believes the commission shouldn't permit something that damages other parts of
the island.
Glowacki — Stated the commission should be cognizant of Town Council's suggestion that the
commission base its decision upon the information before them at this time. Stated that basing a
decision on what "every coastal geologist I know" says is not sound legal practice.
Steinauer — This commission is charged with agreeing or disagreeing with the emergency situation.
Carlson — The criteria includes a public agency ordering the work and performing the work. In this case
the Town is applying; criteria Number 2 is whether or not the work is being done to protect public
health and public safety. The third component is whether or not the project is designed to adequately
abate the emergency but not over designed.
Steinauer— So is public health or safety actually threatened? There are homes but how many are actual
year-round residents?
Carlson — Seasonal use is not an issue. The road holds all the public utilities for that end of the road the
serve homes on both sides of the street; those services are provided year round. It comes down to
whether or not the design is adequate to abate the emergency without being over designed.
Dirk Roggeveen, Quidnet/Squam Association (QSA) — In his opinion, the proposal before the ConCom
goes way beyond abating the emergency.
Burnham — Reminded the commission that she is a professional engineer and there are four other
professional engineers in attendance who have worked on the project. In their opinions, the tubes need
to be laid out as designed in order to mitigate scour. The lowest tube must be below the elevation of the
winter beach to mitigate toe scour.
Glowacki—It seems the ConCom would like to see a proposal that is less likely to succeed and cost
more money.
Feeley — In regards to public safety, during one of last year's storms one house he was working in went
from being able to be moved to a house with under - minded footing on the seaward side and that wasn't
a big storm. One big storm could take out several of these houses.
Steinauer — An emergency is left in place until the emergency is abated then it comes out.
Buzanoski — Explained the emergency is to allow time to create the alternate access for Baxter Road
and that the Town is actively working on getting the easements necessary. Baxter Road would then be
abandoned.
Golding — Asked if the board is in agreement that this meets the definition of an emergency.
Oktay — Stated that she still has an issue with the third criteria — whether or not the design is adequate
to abate the emergency. Asked if the Town is obligated to complete the entire project done in 30 days.
Carlson — That is true. The board can look at the application to determine what components are
necessary to abate the emergency; but suggested pulling out components could pass off problems.
Karberg — A previously mentioned concern was the length of the project.
Buzanoski — The area proposed is that which could most affect the roadway and houses.
Discussion among commissioners as to whether or not this meets the criteria for an emergency.
Consensus of the commission: 4 agree it is an emergency.
Discussion about whether the proposal is adequate to abate the emergency or it is over designed.
Oktay — Thinks this structure as designed is going to create other emergencies.
Carlson — The conditioning of an Emergency Certification is to ensure it is adequate to abate the
emergency. However, the applicant wants to submit a design that is as complete as possible for the
follow -up NOI.
Golding — Asked Ms Burnham why the 4- levels ofjum /Coir bags is necessary.
Burnham — The original design had geo -tubes at elevation 26 based upon compilation of Flood and
wave action with 3'' /x feet per bag and that is what is required to protect the road.
Page 6 of I1
Page 7 of 11
Minutes for December 4, 2013, adopted May 28, 2014
Bennett — Thejute bags as it is designed won't get hit except by 12 -foot waves, assuming the beach has
dropped to the bottom of the lowest bag. In a storm situation, doesn't think all the sand in front of the
lowest bag would be lost. Feels the upper bags would get hit. He is okay with this proposed design.
Oktay — It is better than the all geo- textile tubes.
Steinauer— From all that he has heard, having the geo - textile bags on the bottom will increase the loss
of beach and potential of end scour.
Karberg — The monitoring is for ensuring the sand from the bags is going into the system and doing its
job.
Golding — The abutters have written a letter of support realizing there is a threat of end scour if sand
mitigation is not adequate.
Steinauer — Thinks this project is at least adequate to abate the emergency.
Oktay — Does see that this situation meets the needs for an emergency. She is concerned that the
proposed structure will make matters worse.
Motion
Motion to Close the public hearing. (made by: Karberg) (seconded by: Bennett)
Vote
Glowacki — aye, Bennett — aye, Golding — aye ,Steinauer — aye, Karberg — aye, Oktay - aye
Carried unanimously
Staff
Explained that the commission now discusses any conditions and can issue a positive or negative
order. They have 30 days to complete the project. Refilling thejute bags would be on -going
maintenance. Hopefully the NOI permitting process will be completed in the 30 days.
Discussion
No further discussion
Motion
Motion to Certify the emergency and removal of the netting and plantings on the bank and
ensure mitigation is maintained throughout. (made by: Glowacki) (seconded by: Bennett)
Vote
Glowacki — aye, Bennett — aye, Golding — aye ,Steinauer — aye, Karberg — aye, Oktay - nay
Carried 5 -1
C. Amended
Orders of Conditions
1. '21 Lincoln Ave N.T. — 21 Lincoln Ave. (30 -43) SE48 -2541
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
Bob Emack— Change to the configuration of the stairs. There is no vegetation under the stairs.
Discussion
None
Public
None
Stuff
Could add a condition to replant disturbed areas along the bank. Recommend issue as amended
Motion
Motion to Issue as amended. (made by: Karberg) (seconded by: Bennett)
Vote
Bennett — aye, Golding — aye ,Steinauer — aye, Karberg — aye, Oktay - aye
Carried unanimously
2. *Blue Shutters
R.T. —4 Hulbert Ave. (42.1.4 -2) SE48 -2582
Sitting
Steinauer, Oktay, Bennett, Golding
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Change to the relocation of stairway and a new 4X15 -feet
addition. Also asking for confirmation of the waivers issued under the original order of conditions.
Arthur Reade, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — this is on the side away from the
wetlands.
Discussion
None
Public
None
Staff
Recommend issue.
Motion
Motion to Issue. (made by: Bennett) (seconded by: Golding)
vote
Bennett — aye, Golding — aye, Steinauer— aye, Oktay - aye
Carried 4 -0
Page 7 of 11
Page 8 of l l
Minutes for December 4, 2013, adopted May 28, 2014
III. PUBLIC
MEETING
A. Request for Determination of Applicability
1. 'Osprey
Way R.T. — 1 Osprey Way (65 -19)
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
Paul Santos, Nantucket Surveyors — Septic replacement with I/A tank and Septi -tech processor within
the 25 -50 foot regulated setback from a bordering vegetated wetlands. Can make a condition that if
any dewatering must take place, it will be outside the 100 -foot setback.
Discussion
None
Public
None
Staff
Septic tanks are not considered structures. Recommend issue with Negative 3 condition about
dewatering.
Motion
Motion to Issue as Negative 3. (made by: Golding) (seconded by: Bennett)
Vote
Bennett — aye, Golding — aye ,Steinauer — aye, Karberg — aye, Oktay - aye
Carried unanimously
2. 'Kmu ter
— 191 Eel Point Road (33 -19.1)
Sitting
Steinauer, Bennett, Golding
Recused
Oktay, Karberg
Documentation
Supporting documents and plans.
Representative
None
Discussion
No quorum.
Public
None
Staff
None
Motion
Continued to 12/18 without objection
Vote
N/A
B. Minor Modifications
I. 93 Squam
Road Nominee Trust — 93 Squam Road (13 -I) SE48 -2565
Sitting
Steinauer, Oktay, Bennett, Golding
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarm, Blackwell and Associates Inc. for David Haines
Discussion
None
Public
None
Staff
The tank and pump chambers were shifted but are no closer to the resource area. Recommend
approval.
Motion
Motion to Approve. (made by: Golding) (seconded by: Bennett)
Vote
Bennett — aye, Golding — aye, Steinauer —aye, Oktay - aye
Carried 4 -0
2. 'Jelleme —
29 Quaise Road (26 -8) SE48 -2381
Sitting
Steinauer, Oktay, Bennett, Golding
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. —The modification blends the original order and
the amended order, incorporating the spa into the pool outside the 25 -foot buffer and eliminating a
stone sitting wall and moving the pool fencing no closer to the resource area. Reviewed the landscape
plan all outside the 25 -foot buffer.
Discussion
None
Public
None
Staff
Recommend approval.
Motion
Motion to Approve. (made by: Bennett) (seconded by: Golding)
Vote
Bennett — aye, Golding — aye, Steinauer —aye, Oktay - aye
Carried 4 -0
Page 8 of l l
Page 9 of 11
Minutes for December 4, 2013, adopted May 28, 2014
3. - McGilvray -30 Rhode Island Ave (60.3.1 -152) SE48 -2590
Sitting
Steimmey Oktay, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
Arthur D. Gasbarro, Blackwell and Associates Inc. — Adding that elevation number to the plan.
Also, with the floor placed so high, steps have been added for access and showing a sand parking
space to meet zoning.
Discussion
None
Public
None
Staff
The building code was revised to require a minimum elevation, which the original approval did not
specify clearly enough for the building inspector. Recommend approval.
Motion
Motion to Approve. (made by: Bennett) (seconded by: Karberg)
Vote
Bennett — aye, Golding — aye, Steinauer — aye, Karberg — aye, Oktay - aye
Carried unanimously
C. Certificates of Compliance
1. -Lydia Denney Palmer, LLC —110 Wauwinet Road (I1 -29) SE48 -2447
Sitting
Swimmer, Oktay, Bennett, Golding
Recused
Karberg
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
This was the result of a retaining wall within the 50 -foot buffer; that was removed and grading done
and disturbed areas restored in compliance. Recommend issue
Motion
Motion to Issue. (made by: Golding) (seconded by: Oktay)
Vote
Bennett — aye, Golding — aye, Steinauer — aye, Oktay - aye
Carried 4 -0
2. *PKG Desgin Build, LLC- -3 & 3A Pilgrim Road (portion) (41613 &612) SE48 -2501
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Recommend issue.
Motion
Motion to Issue. (made by: Karberg) (seconded by: Golding)
Vote
Bennett — aye, Golding — aye, Steimmer —aye, Karberg — aye, Oktay - aye
Carried unanimously
3. -Coffey —24
Long Pond Drive (59 -17) SE48 -1846
Sitting
Steimmer, Oktay, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Everything is in compliance. Recommend issue.
Motion
Motion to Issue. (made by: Golding) (seconded by: Karberg)
Vote
Bennett — aye, Golding — aye, Steinauer —aye, Karberg — aye, Oktay - aye
Carried unanimously
4. •34 Shawkemo, LLC — 34 Shawkemo Road (27 -3) SE48 -2540
Sitting
Steinauer, Oktay, Bennett, Karberg, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Elevated walkway is built in compliance, but recommend on -going Conditions 19, 21, 22, 23, 24, 25,
26, 27, and 28. Reviewed those conditions.
Motion
Motion to Issue as conditioned. (made by: Bennett) (seconded by: Karberg)
Vote
Bennett — aye, Golding — aye, Steinauer — aye, Karberg — aye, Oktay - aye
Carried unanimously
Page 9 of 11
Page 10 of II
Minutes for December 4, 2013, adopted May 28, 2014
5. •McKerrow— 106 West Chester Street (41- 336.1 &337) SE48 -1569
Sitting
Steinauer, Oktay, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
One on -going conditions. Recommend issue.
Motion
Motion to Issue as conditioned. (made by: Golding) (seconded by: Bennett)
Vote
Bennett — aye, Golding — aye, Steinauer —aye, Karberg — aye, Oktay - aye
Carried unanimously
D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance)
1. *23 Lincoln
Ave. N.T. — 23 Lincoln Ave (30 -42) SE48 -2613
Sitting
Steinauer, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
No conditions; all work to be done by hand.
Motion
Motion to Issue as drafted. (made by: Karberg) (seconded by: Bennett)
Vote
Carried unanimously
2. -Schmid Realty Trust — 9 E Street (60.2.1 -6) SE48 -2611
Sitting
Steinauer, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
Golding — Dr. Oktay had strong opinions about this.
Public
None
Scoff
Will include monitoring of plantings and will include standard walkway conditions.
Motion
N/A
Vote
N/A
3. •Siasconset Water Department -82 -120 Baxter Road (Layout) SE48 -2618
Sitting
Steinauer, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Included condition about sedimentation measures being stabilized.
Motion
Motion to Issue as drafted. (made by: Karberg) (seconded by: Bennett)
Vote
Carried unanimously
4. •Cavillo
-37 Quaise Road (264) SE48 -2621.
Sitting
Steinauer, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
No conditions.
Motion
N/A
Vote
N/A
S. 'Benedict — l0E Crew's Nest Way (12 44.2) SE48 -2615 (cant to 12/18)
Sitting
Steinauer, Karberg, Bennett, Golding
Recused
None
Documentation
Supporting documents and plans.
Representative
None
Discussion
None
Public
None
Staff
Drafted an order of conditions.
Motion
N/A
Vote
N/A
Page 10 of II
Minutes for December 4, 2013, adopted May 28, 2014
6. 'Bartlett — I Mothball Way (8342.4) SE48 -2619 (cont to 12118)
7. *Squinto Family Partnership —10 Long Pond Drive (59 -24) SE48 -2617
Sitting Steinaueq Karberg, Bennett, Golding
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion None
Public None
Staff No additional conditions.
Motion N/A
Vote N/A
8. *MacFarlane -15 Lyfrrd Road (92.4 -86) SE48 -2616
Sitting Steinauer, Karberg, Bennett, Golding
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion Concern about work within 25 -foot buffer of coastal bank.
Public None
Staff There will be conditions.
Motion N/A
Vote N/A
9. - Nantucket Islands Land Bank -4 Codfish Park Road (73.2.4 -42) SE48- 2614(cont to 12/18)
Sitting Stemmer, Karberg, Bennett, Golding
Recused None
Documentation Supporting documents and plans.
Representative None
Discussion None
Public None
Staff Pretty straight forward.
Motion N/A
Vote N/A
10. Discussion of other closed notice of intent public hearings
E. Other Business
1. Reports:
a. CPC — None
b.NP &EDC —None
c. Mosquito Control Committee —None
d. Coastal Management Plan — None
e. Other
2. Commissioners Comment —None
3. Administrator /Staff Reports — There has been a public information request forjust about everything having to do
with Baxter Road. The request includes any entails from commissioners to anyone about coastal erosion, Barter
Road or 'Sconset Beach Preservation Fund. The Board of Selectmen has received a similar request. Been in
discussion with Town Council about the response to the request.
Motion to Adjourn at 8:34 p.m.
Submitted by:
Terry L. Norton
Page 11 of 11