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HomeMy WebLinkAbout2014-2-19M' tes fo F btn 19 2014 ad of d Ma 28 2014 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nan ket -magno 0 Wednesday, February 19, 2014 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioner.: Ernie Steinauer (Chair), Sarah Oktay (Vice - chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki, Leslie Johnson Called to order at Staff to attendance: Jeff Cazlson, Natural Resources Coordinator Attending Members: Steinauer, Oktay, Katberg, Bennett, Golding, Glowacki Absent Members: Johnson Late Amvals: None Earlier Deparusre: Glowacki 7:55 p.m. Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment —NO AUDIO IL PUBLIC HEARING A. Notice of Intent 1. Farrell, Trustee — 77 Eel Point Road (32 -14) SE48 -2608 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Discussion NO AUDIO (Closed: Oktay opposed) 2. LaBombard — 62 W. Chester Street (41 -373) SE48 -2625 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowaclu Discussion NO AUDIO T r 3. FABACK 2, LLC — 15 L.0 Ua Lane (1410.1) SE 48 -2634 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Discussion NO AUDIO (Closed) t'�' ftl 4. *Urbahn —101 Low Beach Road (75 -32) SE48 -2638 '� N M Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Discussion NO AUDIO (Closed) � M 5. Rabbit Ron R-T. — 25 Rabbit Run Road (28 -8) SE48 -2640 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Discussion NO AUDIO (Closed) 6. Sisk —158 & 155 Wauwinet Road 11- ( 3) SE48 -2639 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowadd Discussion NO AUDIO (Closed) 7. 'McGivmy -45 West Chester Street (41 -230) SE48 -2637 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Discussion NO AUDIO (Closed) 8. *Stock — 50 Squam Road (21 -8) SE48 -2641 Sitting Steinauer, Oktay, Karberg, Benner, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasba¢o, Blackwell and Associates Inc. — The resource azea has been identified as a bordering vegetated wetlands. Asserts there will be no adverse impact. Steven Cohrn, Reade, Gullicksen, Hanley, Gifford & Cohen LLP — Contends that the stream runs intermittently, not constantly. Would like to dose. Discussion (Audio on at 1:33:07 while Ms Atherton is speaking.) Public D. Anne Atherton, 48 Squarn Road — Application reads as the applicant wants to build a second garage. The wetland has a stream running through it that Bows into Squirm Pond; concerned about can parked so close to the buffer draining into the pond. Believes an original order required natural vegetation right up to the house and there is lawn there now. Recalls other abutters who objected. Requests a ruling of no build. Staff Have not received any other comments in the office. Certificates of compliance have been issued on all orders except for the one that deals with invasive species removal. Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously Pagel of it Minutes for February 19, 2014, adopted May 28. 2014 9. BardmImaae — 52 Tennessee Ave. (59.4 -95) SF48 -2642 Sitting Steinauer, Oktsy, Karberg, Bennett, Golding, Glowacid, Recused None Documentation Supporting documents and plans. Representative Arthur D. Gaaba¢o, Blackwell and Associates Inc. — Septic upgrade within buffer zone. Have revised the plan to shift the leaching facility away from the resource area closer to the road where the surface elevation is naturally higher. This is an upgrade and no new flow is proposed. There is no reason the Administrative Consent Order (ACO) will not be approved by the Board of Health (BOH). Madaket is 150 feet, Tide 5 is 100 feet. Abutters have been notified of the BOH meeting date. (Audio cutting in and out) Discussion Oktay — Have to ask for a 5 -foot separation valance from the BOIL Public None Staff Mr. Ray of the Health Department is planning to speak to the commission about ACO, Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanunously 10. *Nantucket Islands land Bank — 17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3 - 1,48,47) SE48 -_ Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Represem. five Jesse A. Bell, Assistant Director — Repair /replace sections of boardwalk and extend on section by 100 feet and invasive species management. Jeff Pollock, Property Marugement Supervisor — Explained the terrain and situation. Discussion Swimmer— This is a very wet area degraded by some of the trails. This seems an improvement. Public None Staff The intent is to provide the condition and monitoring of the protocol of the herbicide use. This is an expansion of an on going protocol that provides the ability to treat the invasive species as they come up and not wait for them to overrun an area Need a file number. Motion Continued to January 29 without objection Vote N/A 11. *Thompson —14 Fargo Way (14-17) SE48 -2645 Sitting Stdnauer, Okmy, Karberg, Bennett, Golding, Glowadti Recused None Documentation Supporting documents and plans. Representative Stan Humphries, Lamentide Environmental, LLC — This is a harbor setting with a coastal bank; addressing a vertical buffer function and sediment contribution from the coastal bank Revised proposal is a linear sand -drift fence behind which will be two rows of sand -fi0 al Coir envelops and three rows of coconut fiber logs to address wave ran up. The logs will be anchored and sand will cover all envelops and logs. Don't have a proposed volume per year. What sand cover is lost will be replaced as needed. Monitoring will be provided for the cover material. Resource areas include two outcroppings of salt marsh. Long -term erosion rate is about 1 & 2 feet per year and the short term about 3 feet per year. Explained the planting plan. Sediment analysis under the previous NOI showed 40% cobble and gravel, 40% sand, and 20% silt /day and propose that for mitigation /cover. Height of the structure including the envelopes and the logs will be about 9 feet. There is a pre-1978 structure on the property. Have requested Massachusetts Natural Heritage to weigh in and for that request a continuance. Discussion Oktay — Would like to see the erosion rate the shoreline retreat and what is the bank currently providing. Need to know how much sand will be brought in to start and how will it be vegetated. Steinauer— The information on size distribution. The information from the previous submittal needs to be resubmitted into this application. Karberg — Concerned about the volume of sand mitigation in the proximity of the salt marsh. Swimmer —The logs are a hard and don't shed sand. Golding— Would like to see the actual dimensions on the different types of materials being used. Looking at the pictures, it is apparent that the actual area is not as tight as the cross section depict. Public Emily MacKinnon, Nantucket Land Council — Would like more information on memitoring and the amount of nourishment to be provided. Would like to see a cross- section of the sand -drift fence. Staff None Motion Continued to January 29 without objection Vote N/A Page 2 of 9 Minutes for February 19, 2014, admired Mav 28.2014 12. `Foley — 87 Squam Road (13 -4.1) SE48 -2643 Sitting Steinaueq Oktay, Bennett, Golding, Glowarki Recused Karberg Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering— Work within 100 -foot buffer of a bordering vegetated wetlands identified in 2007. The project is to reconfigure the driveway and enlarge the patio and reconstruct a new patio along with some shrubbery areas, landscaping and privet. One of the three waivers they are requesting is for work within 25 feet of the wetlands. Explained the mitigation for that work within the 25 -foot buffer and that area is previously disturbed. Waiting for Massachusetts Natural Heritage to respond. Tom Foley Discussion Clarification of the explicit work to be done and where. Public None Staff Suggest getting the mitigation plan in place and keeping it separate from the work they are trying to permit here and to issue out an enforcement action on a separate timetable which will allow ConCom to look at the mitigation plan when it is done. Will draft an order to be issued out upon heating from Massachusetts Natural Heritage. Will issue out the enforcement and the result will be the mitigation plan with a separate timetable. Motion Continued to January 29 without objection Vote N/A 13. NOI: Town of Nantucket /SBPF — 85 -107A Baxter Road SE48 -2610 14. NOI: Sconset Beach Preservation Fund — Baxter Road Area SE48 -2581 L Enforcement Action: Town of Nantucket /SBPF — 85 -105 Baxter Road Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. PowerPoint® presentation. Applicant Kan Buxaaoski, Director Department of Public Works (DPW) Representatives Steven Cohen, Reade, GuWcksea, Haley, Gifford & Cohen LLP Jamie Feeley, Construction Manager Cottage and Castle Inc Josh Posner, 77 Baxter Road, Chairman'Sconset Beach Preservation Fund Public Baru LaFarge, Vestal Street Ashley Erismvn, Wall Street Dirk Roggeveen, Quidnet /Squaw Association (QSA) Emily MacKinnon, Nantucket Land Council (NCL) Mary Wawro, 3 Eat Fire Spring Road Duck Van Lieu, Kendrick Street D. Anne Atherton, 48 Squaw Road Discussion Bmerm aki — Update on the construction project and get into discussion on the NOI as well as the subject of the coastal waters and Baxter Road. Cohen — Suggested the representatives do a presentation on work that has been done, then discuss the Enforcement Order and then discuss the NOI. Buzanoski — Construcfion of the 3 -tiff structure was completed at the end of January. At that tine, the engineer met with Mr. Feeley to talk about a drainage pipe from Baxter Road drum toward the toe: a trench with a 4-inch pipe was installed to prevent erosion of the bluff by storm water coming off the road. An enforcement order was issued by this commission on the installation of the pipe; it is not corrected at this time. Mr. Feeley has taken photos of the construction site. Oktay — The Enforcement Order (EO) was for four items, not just the pipe. Buzanoski — The EO was also for concrete plugs on the geo -tube openings, excavation of the coastal bank below the mean high water mark, and placement of sand on the coastal beach. Explained that the concrete plugs are a typical installation practice. The excavation of the coastal beach elevation was set and information provided to the Army Corps of Engineers (ACE). Cohen —'Me last time they talked to the ACE was mid December, also talked to them before filing of the NOI to get an opinion. Stated that the determination at that time was that they were fine with the work. Stated that at that time he wasn't involved and doesn't know if Mr. Carlson was informed of the discussion. Golding— sought clarification as to whether or not the applicant CC'd ConCom about any discussions with the ACE. Okmy — When designing above the high -tide line and expect the finished project to be there, what can and cannot be done below the high- tide mark must be cleared with ConCom. That is a different set of resource requirements. Cohen — Both the construction and project were designed to be above the high -tide line. Feeley — Stated they worked diligently to stay above the high -tide line and that the high -tide line was determined to be at elevation 5.11. Reviewed a slideshow of photos detailing the construction process. Page 3 of 9 Minutes for February 19, 2014, adooted Ma , 28.2014 Golding— The cross section in the packet shows the bags on the bluff; be was surprised at how much further away the bags were in actuality. Feeley — Continued reviewing the construction photos. Cohen — Stated he and is clients are not aware of any work done below the high -tide line. The pipe was a field decision that was made, understood what the technically correct procedure would have been to call for an emergency order In regards to the concrete plug, it never occurred to anyone that this would be an issue; assured that there is no cement in the tubes. The sand outside the pewit, it went where they believed the permit allowed it to be put. Feeley — The requited amount of "construction" sand was delivered for building the 2nd and 3'd tier. After that, 19,800 cubic yards (CY) of sand was delivered as part of the nourishment. The template has at this time about 17 CY of sand in place though 22 CY was delivered. About 10,000 CY was delivered during the various storms which have taken place. The top bag has 3 -feet of coverage. Rarberg — Pointed out that hearing process in regards to the NOI has not reached the point of discussion about whether or not to allow the pipe or level of mitigation sand. If they had come to ConCom, there would have been a discussion about how to handle run -off water. Okmy — Explained that the discussion about sand delivery points was over concerns of such delivery to the coastal bluff. Tbcm is a gravel bed at the bottom of the pipe. Feeley — The pipe comes out at the tee of the bluff into the gravel bed. Discussion about whether or not to consider the EO separate from the NOI. Golding — Addresses Mt. Cohen's letter to the board saying SBPF is surprised that sand is being placed outside pewits and approvals, it states that the emergency conditions imposed mimic DEP's; the letter also says nothing about the bluff, it is all focused or the geo- tubes. The tenure of the letter is bothersome. Sees ConCom as an oversight board for what is best for the community. There are aspects of the letter that distort the whole process. Further discussion about whether or not to consider the EO separate from the NOI. Buzanoeki — Brought up four items for the board to think about in regards to the NOI. First is a face as recommended by the engineer The returns were not par[ of the emergency permit and in the NOI are requesting permission to iustall the min ms. Would like to stabilize above the rubes with vegetation. The last item is the sand placed at 91 Baxter Road. Golding —Asked if she was talking along with SBPF about a permanent installation or as the Town about a temporary structure. Buzanoski — This is the Town's temporary structure. Steinauer — We need to are these items a plan come in and discuss it as a NOI. Suggested the plugs stay in the pipe and no more sand filling in on the bank until the issue is resolved. Oktay, — Suggested the board might want the sand that is in a holding pattern on the front of the bluff moved onto the structure. Swimmer — Maintaining the template of sand is parr of the emergency certification. That sand needs to be in front of the bags where it is available for the system. Cohen — Suggested they prepare a initiative to submit into the file explaining what their intention is. Oktay —At the moment, the way the emergency certification is drafted, it looks like ConCom and SBPF are not on the same page. If the ConCom feels the sand should be in front of the mbe and not so much on top is something to be covered in the NOI. Bennett — Stuff for storm prevention should be higher or on the end; in the front puts it in the surf zone. Golding— Referred to a discussion during a Q&A with the public on the project in which he recalled Mr. Andrew Voice saying that all the easements for a new road had to be in place by December but he didn't want to go further than that. He recalled Ms Buzanoski saying that she was going no further because the road was protected by the geo- tubes. He feels there is a standoff because the emergency permit is strictly on a temporary basis. Buza mnild — Stated that Mr. Voice had stopped because he had to get additional permits from the County Commissioners and Town Meeting they are still moving forward with that. Cohen —There is a lot of confusion on that issue. The permit being sought under the NOI is absolutely temporary for 3 years with an option to extend an additional 6 years. However, the desire is to have a permanent solution in place, but that is not being applied for today. Golding — A lot of people feel it wouldn't take 3 years to put in the alternative access for Baxter Road. Kmberg— In regards to the planting being permitted with the NOI, there has been mention of a template on the bluff for the planting; but in the original discussions the commission did not want sand on the face of the bluff; asked if sand delivery is along the face of the bluff, how that works with the plantings on the bluff Public Comment IaFarge — There were no pictures shown of the amount of sand dumped over the edge. Right now one of the tubes is exposed and sent a photo to the ConCom showing that. SBPF has cast this winter as one of the worst in years; stated he does not agree with that Has many questions about sand delivery and dumping sand in front of the bluff after each blow. At the last hearing, this was continued for an as -built, stated he reviewed the as -built and most of what is to there is what the contractor told the surveyor and it lacks any new information, furthermore the cross section of it doesn't seem to show anything accurately. Page 4 Minutes for February 19, 2014, adopted May 28. 2014 Paee 5 of 9 Unidentified speaker — The ConCom seems to be depending upon what they are being told about the amount of sand being put onto the structure. Asked if there was a way to measure it. Steinauer — They count on good faith by the applicant. Unidentified speaker —the drainage pipe isn't being used and thinks it should be removed. Golding— It has come up in discussion to have a condition of the NOI to be independent monitoring. Feeley— Down the road the sand will not be dumped over the face of the bluff Also, they can put together invoices showing how much sand has been delivered. Okmy — Would like a profile of the beach. Steinauet —The pipe won't do any more damage now that it is capped and can remain for the moment. Erisman — Asked if there was my documentation or schematics supporting the SBPF's statement that the pipe was recommended by the engineer. Stenauer — They have not seen any. Roggeveer — On the enforcement order, took a photo of the Hoicks Hollow Road in December showing with a mpe by which people could pull themselves up the steep bank off the beach. Doesn't remember any explanation in the emergency permit about how the work crews would access the beach and stated he doesn't believe this commission gave them permission to build a runp and widen the road gully. If there were permits in the past for improving the access, he doesn't believe they were extended. Feels the commission needs to address that. MacKinnon — Summarized a letter submitted into the file that enumerates additional information that Nantucket Land Counsel believes should be included into the NOI application. Golding — Feels the third geo -tube is being presented at a fait armmp& when his understanding is it was temporary as originally discussed. Wawm — Stated that she hopes the commission seeks the advice of Town Counsel about maintaining the separateness of the enforcement order proceeding as opposed to the NOI. Stated that she believes it is inappropriate for an applicant to contact a member of a commission and have a private discussion outside the public view and can be construed as a `back door' deal. private contact should have been with a member of the To. staff. In response to a question from an unidentified speaker as to whether or not other commissioners have been individually contacted, Steirauer and Oktay answered no. Feeley — Stared that he is not an applicant, also the commissioners come out an the time and pay attention to what is happening. Van Lieu — His understanding is that any commission may speak with any member of the community, to include principals of a project, as long as a quorum is not present. Roggeveen — Referenced the members back to the Town document `Boards, Commissions and Committees Manual," which addresses the different types of heads and commissions. Buzmosld — Asked for a continuance of SER8-2610 for one month. Cohen — Requested a continuance of SE48 -2581 for two weeks as well. Atherton — Due to the amount of public interest in this project, asked that new information be posted to the website in ample time for the public to read and review it. Feels information has not been posted in a timely fashion. Discussion about making the information available to the public and the commission before the meeting. The information is scheduled to arrive by Friday noon before the meeting date. Staff is willing to attach a hard deadline and sit on items that come in late until after the meeting. Staff The NOI and Enforcement should be handled separately. Suggested reaffirming that the enforcement stay in place as long as the NOI hearing is continued. Motion Continued both SE48 -2610 and SE48 -2581 to March 19 without objection Vote N/A 15. *McHugh — 26 Western Ave. (87 -77) SE48 -2646 Sitting Steinauer, Okmy, Kzrberg, Bemett, Golding Recused None Documentafion Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — For work within the 50 -foot buffer zone for a coastal bank to remove an existing patio and construct a porch under an existing deck in the previously disturbed area. Requesting a waiver on basis of no reasonable altemative /no adverse impact Stmcnue is approximately 600 feet from the ocean. Discussion Steirauer — This proposal has a very modest impact. Public None Staff Suggested that this is a local coastal bank that fads the state definition; it is a coastal bank under local definition because it is adjacent to the coastal done field. Have everything needed to close. Motion Motion to Close. (made by: Okay) (seconded by: Karberp,) Vote Carried unanimously Paee 5 of 9 Minutes for February 19, 2014, adopted Mav 28.2014 16. 'Abrams Point R.T. — 30 Rabbit Run Road (28 -6) SE48 -2644 Sitting Steamer, Oktay, Karbe% Beaten, Golding Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarm, Blackwell and Associates Inc. — Do not have input from Massachusetts Natural Heritage; therefore are asking for a continuance. Rather dim ripping out the existing bulkhead, proposing to replicate in kind a new bulkhead in front of the existing which was damaged last winter. The existing bulkhead is pre - existing 1978. Discussion Clarification of the project construction. Public None Staff Will draft a positive order. Motion Continued to January 29 without objection Vote N/A 111. PUBLIC MEETING B. Enforcement Action 1. Town of Nantucket /SBPF — 85 -105 Baxter Road Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki, Johnson Recused None Documentation Supporting documents and plans. Representative Kara Buzanoski, Director of Department of Public Works (DPW) Discussion Tracking with the emergency certification. See discussion on the NOls. Public None Staff The NOI and Enforcement should be handled separately. Suggested reaffirming that the enforcement stay in place as long as the NOI hearing is continued. Motion Enforcement Order to be kept in place by unanimous consent. Vote N/A C. Request for Determination of Applicability 1. Health Fancily, LLC — 21 Pdgdm Road (41 -213) Sitting Steinaueq Oktay, Karberg, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion Clarification ofpmposed work. Public None Staff Applicant is asking to cleat brush from 100 to property line. The vernal pool is set back an additional 50 feet from the wetlands. Have a letter from an abutter stating that clearing of brush will exasperate the flooding issue in the road. Have referred that to the DPW for their opinion. Recommend issue as a Positive 2, to verify resource area boundary, Negative 3, to allow work. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carved unanimously D. Minor Modifications 1. 23 Lincoln avenue N.T. — 23 Lincoln Ave. (30 -42) SF48 -2613 Sitting Stemmer, Oktay, Karherg, Bemett, Golding Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarrq Blackwell and Associates Inc. — Adding a note to the plan stating the elevation of the lowest stmctunal member at the request of the Building Commissioner. Discussion None Public None Staff Recommend issue. Motion Motion to Issue. (made by: Oktay) (seconded by: Karberg) Vote Carried Unanimously Page 6 of 9 Minutes for February 19, 2014, adorned Mav 28.2014 E. Certificates of Compliance 1. *Frost — 137 Eel Point Road (33 -11) NAN -068 (069) 2. *Frost — 137 Eel Point Road (33 -11) SE48 -1891 (1868) Sitting Steinaveq Oktay, Karberg, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff No work was done on these orders. Looking to invalidate the orders. Motion Motion to Invalidate these orders of condition. (made by: Okmy) (seconded by: Bennett) Vote Carried continuously 3. *Frost — 135 Eel Point Road (33- 47 &50) SF48 -1722 Sitting Stemmer, Oktay, Karberg, Bennett, Golding Accused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Construction of an elevated walkway and boardwalk. It was built in compliance. Motion Motion in Issue. (made by. Oktay) (seconded by: Kazbecg) Vote Carried unanunously 4. *Gallaher— 2 Hombeam Road (21- 118.5) SE48 -2326 (re- issue) Sitting Steinauer, Oktay, Bennett, Golding Recused Karberg, Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Re- issue: was originally issued last year and has since been lost It needs to be recorded. Motion Motion to Re -Issue with on -going conditions. (made by: Okmy) (seconded by: Bennett) Vote Carried 4 -0 5. *Six Pawguvet Lane N.T. — 6 Pawguvet Lane (30 -250) SE48 -1710 Sitting Steinaver, Oktay, Bennett, Golding Recused Karberg Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Reconstruction of an existing home; originally permitted in 2001 or 2002. Everything is in compliance; recommend issue. Motive Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried 4-0 F. Orders of Condition 1. Nantucket Islands Land Bank — 4 Codfish Park Road (734.2.4 -42) SE48 -2614 Sitting Stemmer, Oktay, Bennett, Golding Recused Karberg Documentation Supporting documents and plans. Representative None Discussion Oktay — Would prefer something other than the impervious rubber but it is a playground. Public None Staff Playground: could not think of any additional conditions. Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Bennett) Vote Carried 4 -0 Page 7 of 9 Minutes for February 19. 2014, admued Mav 28. 2014 2. Bartholomae — 52 Tennessce Ave. (59.495) SFAS -2642 Sitting Steinauer, Oktay, Karberg, Bemett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion Swimmer— It isn't perfect but it is a net benefit. Oktay — Still not happy about this. Don't like approving something that doesn't meet the requirements. Public None Staff Could not come up with any additional conditions; this is not an AI system. Motion Motion to Issue as drafted. (made by: Golding) (seconded by: Bennett) Vote Carried 41 / Oktay opposed 3. Rabbit Run R.T. — 25 Rabbit Ron Road (28 -8) SF48 -2640 Sitting Steimmer, Oktay, Bennett, Golding Recused Kazbetg Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Only condition is that a0 construction materials are to he stored outside the 50 -foot setback; noted an ec o, on the condition that needs to be corrected. Motion Motion to Issue as amended. (made by. Oktay) (seconded by: Bennett) Vote Caxaed 40 4. Discussion of other dosed notice of intent public hearings. a. Fenell, Trustee — 77 Eel Point Road (32 -14) SF48 -2608 Sitting Steinauer, Oktay, Karberg, Bemett, Golding Recused None Discussion Oktay— Voted against dosing, is against this project. Staff is to draft a positive order. Discussion about what conditions to include. b. FAB ACK 2, LLC —15 Laurette Lane (14 -10.1) SE48 -2634 Sitting Steinaueq Oktay, Bemett, Golding Recused Karberg Discussion Octagon house requesting a revetment. Golding — Opposed to a revetment of any sort and setting precedent; there are other options available. Steinauer— There is no place to relocate the house and it qualifies as a pre -1978 house. Staff— Reviewed the definition of "no adverse impact " This is bank is not a sediment connibutor. Will have N address what type of bank. Further discussion about whether or not this would cause an adverse impact and the role of the bank. Swimmer— Wants to ensure that once the bank is protected, the structure cannot be substantially renovated or replaced. Staff will draft a positive order. a Urbahn —101 Low Beach Road (75 -32) SF48 -2638 Sitting Steinauer, Oktay, Karberg, Bennett, Golding Recused None Discussion Driveway reconfiguration: straight forward. No further discussion d. Sisk —153 & 155 Wauayset Road (11 -3) SE48 -2639 Sitting Status., Oktay, Bennett, Golding Recused Karberg Discussion Sand -drift fence and beach nourishment straight forward. No further discussion. e. McGivney — 45 West Chester Street (41 -230) SE48 -2637 Sitting Steinauet, Oktay, Karberg, Bennett, Golding Recused None Discussion Addition on front of the house. Steinauer — Felt the argument for approval was that the rest of the lot has been disturbed so might as well finish it off. Oktay — The wcdand is in the back and can't see an adverse impact. Staff— Would have to define the adverse impact. Will draft a positive order. Page 8 of 9 Minutes for February 19. 2014. adorned Mav 28. 2014 f. Stock— 50 Squam Road (21 -8) SE48 -2641 Sitting Steinauu, Oktay, Karberg, Bennett, Golding Bernard None Discussion Staff — Applicant applied for waivers under net benefit and no adverse impact /no reasonable alternative. Will draft a positive order g. McHugh — 26 Western Ave. (87 -77) SE48 -2646 Sitting Steinauer, Oktay, Karberg, Bennett, Golding Recused None Discussion Will draft a positive order. h. Nantucket Islands land Bank —17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3 - 1,48,47) SE48 i. Foley— 87 Squam Road (13 -4.1) SE48 -2643 Sitting Steinaueq Oktay, Kazberg, Bennett, Golding Recused None Discussion Continued: Will draft positive orders. G. Other Buaineas 1. Reports: None 2.. Commissioners Comment: None 3. Administrator /Staff Reports a. Enforcement order for 87 Squam Road in regards to a path: (audio cut out) Motion to Adjourn: 8:40 p.m. Submitted by: Terry L. Norton pane 0 of 9