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Home My WebLink About2014-1-29r CONSERVATION COMMISSION ^� 2 Bathing Beach Road Nantucket, Massachusetts 02554 www nantucket -ma aov �C 61 Wednesday, January 29, 2014 4:00 p.m. 9 �9POBpTE�\ Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Okmy (Vice- chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki, Leslie Johnson Called to order at 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Normn, Town Minutes Taker Attending Members: Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Absent Members: Johnson Agenda adopted by unanimous consent - Matter has not been heard 1. PUBLIC MEETING A. Public Comment -None II. PUBLIC HEARING A. Notice of Intent Staff— Stated that after discussion with Town Counsel and the Town Administration it was decided that the Public Hearing portion of the agenda should be continued to February 5. Explained the reason for the cancellation had to do with compliance with the Open Meeting law. Motion Motion to Continue the following public- hearing items to February 5, 2014. (made by: Okmy) (seconded by: Karberg) Vote Carried 5- 1 / /Glowacki opposed 1. Farrell, Trustee — 77 Eel Point Road (32 -14) SE48 -2608 2. Nantucket Islands Land Bank —4 Codfish Park Road (73.2.442) SE48 -2614 3. Coffey — 24 Long Pond Drive (59 -17) SE48 -2631 4. Swain's Point N.T. — 260 Polpis Road (25 -1) SE48 -2633 5. LaBOmbard — 62 West Chester Street (41 -373) SE48 -2625 6. Five Crows Nest N.T. — 5 Crows Nest Way (12 -22.2) SE48 -2635 7. Hoffman — 7 & 9 Grant Ave. (30 -142) SE48 -2632 8. FABACK 2, LLC — 15 Lauretm Lane (14 -10.1) SE48 -2634 9. -Caplan — 37 Hulbert Avenue (29 -20) SE48 -2636 10. Town of Nanmcket/SBPF — 85 -107A Baxter Road SE48 -2610 11. SBPF — Baxter Road Area (Multiple) SE48 -2581 III. PUBLIC MEETING A. Orders of Conditions (If the public hearing is closed— for discussion and/or issuance) 1. *Goldsmith— 86 Pocomo Road (1541) SE48 -2626 Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Abutting project has fivainch posts. Discussion None Public None Staff For a sand -drift fence with done nourishment and planting. Will insert Condition 22: posts installed to be no larger than five inches in diameter. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 2. - Nantucket Islands Land Bank— 4 Codfish Park Road (73.2.442) SE48 -2614 (Cont. 2/5) 3. 'Coffey — 24 Long Pond Drive (59 -17) SE48 -2631 (Cont 2/5) 4. - Swain's Point N.T. — 260 Polpis Road (25 -I) SE48 -2633 (Cont. 2/5) 5. *LaBombard -62 West Chester Street (41 -373) SE48 -2625 (Cont. 2/5) 6. -Five Crows Nest N.T. — 5 Crows Nest Way (12 -22.2) SE48 -2635 (Cont. 2/5) 7. -Hoffman — 7 & 9 Grant Avenue (30 -142) SE48 -2632 (Cont. 2/5) 8. -Caplan — 37 Hulbert Avenue (29 -20) SE48 -2636 (Cont. 2/5) 9. Discussion of other closed notice of intent public hearings (Cont. 2/5) rage r Or B. Minor Modifications I.'Plukas — 147 Wauwinet Road (I1 -6) SE48 -2537 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — The minor modification is to add a label on the plans specifying the lowest structural member within the coastal done resource area. Discussion None Public None Staff Recommend this can be issued as a minor modification. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously C. Certificates of Compliance 1. *Jebel, LLC -41 Hulbert Ave. (29 -18) SE48 -2505 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff This was the construction of a deck and steps within the buffer of a man -made bank and coastal flowage. Recommend this can be issued. Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 2. 'Great Harbor Yacht Club — 96,97 &98 Washington St; 9A,9B, 11 Salt Marsh Way (55.1.4-6,8,9.2,35.2,35.3,36) SE48 -1665 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Leo Asadoorian, Blackwell and Associates Inc. — Reviewed what the certificate was for. Discussion None Public None Staff With on -going conditions, recommend this can be issued as a partial with work excluding the walkway and fuel. Motion Motion to Issue as a partial. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously 3. 'Great Harbor Yacht Club — 96,97 &98 Washington St; 9A,9B,11 Salt Marsh Way (55.1.4 -6,8,9.2,35.2,35.3,36) SE48 -1670 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Leo Asadoorian, Blackwell and Associates Inc. — Reviewed what the certificate was for. Discussion None Public None Staff Recommend this can be issued as a partial with on -going Conditions 20, 21, 28 -32, and 40-45. Read the conditions. Motion Motion to Issue as a partial. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 4. "Great Harbor Yacht Club — 98 & 100 Washington St Ext. (55.1.4 -9.1 & 9.2) SE48 -2013 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Leo Asadoorian, Blackwell and Associates Inc. — Reviewed what the certificate was for. Discussion None Public None Staff Recommend this to be issued as complete with on -going Condition 20: maintenance of the storm- water facility. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried Unanimously Page 2 of 4 D. Emergency Certification Extension I. -Town ofNantucket/SBPF — 91 -105 Baxter Road Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Kara Buzanoski, Director Department of Public Works— The three levels of tubes have been installed and the sand envelope has begun; that should be complete within the next week or so. Discussion Golding — There has been no discussion on the final conditions. Staff — That takes place during the hearing for the Notice of intent (NOI), which is scheduled for the February 5, 2014 meeting. Golding — Reviewed the Fishery Resource information from a 2007 `Sconset Bluff nourishment NOI which he would like included with regular testing in the NOI packet before the hearing. Okmy — Would like information on how long it will take to do lay the 18 cubic yards (CY) of sand mitigation on top. The 22 CY is to be completed by the end of the year. Buzanoski — Stated she will have that information for the NOI. Staff— Reiterated that at this time, all Emergency Certification work and the DEP a one -week extension ended on January 25; the commission needs to address that. Glowacki — Stated that he wants to address the unfinished work and conditions through the NOI process. Oktay — The DEP certification said the tubes had to be built but allowed extra time for sand to be put on top. Staff — This commission included the DEP's conditions in its certification; therefore they apply to the commission's certification. Asked what additional information the commission might like to see for the NOI process. Oktay— Would like to see the as -built diameters of the tubes. Golding — The geo -tubes don't seem to be as high as they were calculated to be in the original presentation; also the returns haven't been built. Steinauer — Wants to know how much sand was excavated for the fast tube; the berm looks huge. Glowacki — Stated that he feels this discussion is straying into the realm of a public hearing. Discussion about whether or not this item is a public hearing and the comments are appropriate. Staff— Agreed with Mr. Glowacki about not wanting to wander into a hearing; however the commission has to discuss how to finalize and complete the Emergency Certification with the conditions that were in place and describe what action the staff needs to take. The project has entered into the maintenance and sand portion time -frame of the original emergency certification; the phase for construction to abate the emergency has ended but construction is not complete. Steinauer — They are required under the Emergency Certification to do complex, long -term nourishment that extends past the deadline. It might be implied in the orders issued that the Emergency Certification is to be extended. Oktay — Asking how this was built and the existing condition is a reasonable request. Further discussion about what can and can't be discussed at this time. Discussion on the motion. Public None Stall During the time period of the open Emergency Certification, the project hit the deadline for the project; the applicant applied to the Department of Environmental Protection (DEP) and was granted a one -week extension to complete the work. Stated that the local bylaw doesn't provide for the extension of emergency permits. Explained the commission's options: continue regular permitting process, recertify the emergency, or take no action, or take an enforcement action. Reviewed the original Emergency Certification. Motion Motion to Take No Action. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Page 3 of 4 E. Other Business 1. Reports a. CPC — Golding b. NP &EDC — Bennett c. Mosquito Control Committee — Oktay d. Coastal Management Plan — Oktay e. Harbor Plan — Oktay 2. Commissioners Comment a. Glowacki — Voiced his objection to the continuance of the Public Hearing portion of this meeting. He would like to know what took place between the receiving the packet with NOls on Sunday and 9:30 a.m. today that resulted in the cancellation. b. Staff— In response to a question about public notification of a cancellation, stated that the notice that the Public Hearing was being continued had been posted on the Town Website earlier in the day. 3. Administrator/ Staff Reports a. Consue Spring Project update: Kara Buzanoski — Reviewed the proposed work and asked for commissioner input as to what information they would like included in the NOI file. Commissioners — Phregmites removal; how the dredging will be done and what will be done with that material; how water will be transported to the stonn receptors. Staff — Asked that any questions be forwarded straight to staff without discussion among the commissioners. Motion to Adjourn at 4:55 p.m. Submitted by: Terry L. Norton Page 4 of 4