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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 � 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. 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