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HomeMy WebLinkAbout2014-3-19Minutes for March 19, 2014, adopted May 28, 2014 CONSERVATION COMMISSION 2 Bathing Beach Road c Nantucket, Massachusetts 02554 z n www.nantucke[- ma.g p _ov m =gyp Wednesday, March 19, 2014 4:00 P.M. N m 9PdflATE° Training Room, 4 Fairgrounds Road c s < :3 m Commissioners: Ernie Steinauer (Chair), Sarah Okmy (Vice- chair), Jennifer Karberg, �ndr�W_Ben nnett, Ian Golding, Michael Glowacki I Called to order at 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Absent Members: None Agenda adopted by unanimous consent -Matter has not been heard I. PUBLIC MEETING Public Comment — 1. D. Anne Atherton, 48 Squam Road — Invited members of the commission to a forum on Tuesday, March 25 at 5 p.m. at Unitarian Meeting House on A Global Perspective on Coastal Management Issues in an Em of Sea Level Rise. 2. Carlson — For commercial landscapers, the Town is hosting a commercial fertilizer application foram and training at The Nantucket Hotel this Friday, starting at 9:00 a.m. with lunch break. Call or email Natural Resources for a seat; there are plenty of spots left. This training will hopefully occur a few more times and there will be a similar training for homeowners. 3. Oktay — Invited the public to the final Coastal Management Plan meeting is scheduled for Monday, March 24. IL PUBLIC HEARING A. Notice of Intent I. Town of Nmamcket/SBPF — 85-107A Baxter Road SE48 -2610 Steinauer— Will be folding the emergency certification into this discussion. Reminded speakers to direct questions to chair and stick to issues under ConCom purview. Stated he will attempt to limit the presentation and commissioners question to 45 minutes, limit public participation to 45 minutes, and call it about 5:30 to 5:40 p.m. Sitting 1a wt Stemmer, Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. PowerPoint presentation. Staff This hearing is for the structure that is on the ground, the geo -robe project. Still open: the enforcement action on components installed not in keeping, a new emergency request to take up after this, and another filing for SE48 -2581 which was continued to April. Representative Kara Buzanoski, Director Department of Public Works (DPW) — This application was originally filed in October 2013; work was done on the beach under the emergency certification; the last meeting questioned what this project was, so the engineer is to speak to what the NOI proposes. This NOI addresses: the reduction of the length to 900 feet, addition of returns, and stabilization of the upper slope of the bluff. Josh Posner, 77 Baxter Road, Chairman 'Sconset Beach Preservation Fund — The SBPF is insisting the residents have certain rights In protect property under the law; but also recognize law is interpreted differently by differently people. Desire to work with ConCom; reviewed aspects hope to get: the drain pipe, prefer geo- textile material for the fourth tier and tube and returns, and allow planting and vegetation of the bluff to happen now during the appropriate planting window. January project; think results are good, have responded to issues that were raised to correct within the NOL Temporary/permanent nature of the NOL have successfully saved this par[ of Baxter Road for the long haul, agreement with Town is for a long -term protection plan for `Sconset Bluff to include long -term financing, work to identify alternative access for Baxter Road for a back -up basis in the event the Baxter Road has to be closed and not a way of closing Baxter Road now. SBPF is willing to have it approved on a temporary basis because a long -term project will come back before ConCom. Maria Hartnett, Geologist Epsilon Associates Inc. — Present length is about 852 feet, the returns would bring it to about 900 feet. Reviewed proposed returns asserting there will be no excavation into the bluff. Requesting a fourth tier of geo-textile tube which will bring height to 26 feet; OCC analyses suggested Jute or Coir will fail in a 100 -year storm. The Department of Environmental Protection (DEP) felt the four-mbe design provides does not exceed what is necessary for protection to homes and infrastructure and the nourishment plan will mitigate potential difference in dawn -drift impacts. Reviewed construction information. Explained the sub - surface drain installed to mitigate water run-off over the bluff and needs approval; it does not impact the water table. Upper bank continues to erode from surface water runoff and re- vegetation will protect the top so seek approval for re- vegetation using American beach grass and use jute netting to help infiltration. Sand volumes table: delivered total is over 39,204.24 cubic yards which is over the Pa"r I Minutes tot March 19, 2014, adopted May 28, 2014 requirements. Each April will ensure geo -mbes are covered with bulk of sand put out in November to be available for winter storms with replenishment occurring upon trigger. Adding sand to the bluff helps stabilize the top by creating a shallower angle. Addressed Nantucket Land Counsel concerns. Jamie Feeley, Construction Manager Cottage and Castle Inc. — Since the installation, part of the northern most geo -tube was exposed, and significant run off from top of bluff created rivulets and gullies. Used a bobcat to disburse material to fill in the gullies and rivulets and cover the geo -tube. That is the sole maintenance construction that has taken place. Discussion Steinnuer— Reminded speakers to direct questions to chair and stick to ConCom purview. Oklay — Asked about how sand volume was calculated. Steinnuer —Noted no sand for Tier 1 geo -tube. Karberg — Said delivery, asked how it would be done over vegetation. Hartnett — Using a Flexible pipe. Golding — Asked how the fourth tier would be installed. Feeley — Explained how the tier 4 geo -rube would be installed without damaging work that has been. Oktay — The advantage of Coir /jute is that it releases sand at the time of the sorm when it is needed. It's not just the volume but also when it is delivered into the system. Hartnett — Explained how that would be matched by the extra sand added in November. Oktay - Each time this comes before the commission, this structure gets taller and taller. Feeley — There is a little overlap. The highest point on tier 3 is 21 feet above water with the average around 20 feet above water. As -built shows shots every 40 feet and only one was at 21 feet. There is plug bag that overhangs the landward side of the tier below it; these also help scouring. Golding — We're being asked to permit on 100 to one odds. Between 1962 and 1999 never saw waves remotely as high as being discussed. The MOU is not ConCom concem. And based upon a temporary NOI why are we being asked to permit a 0 tube on a structure that would be removed in a few years. Hartnett — The 100 -year so mm is tricky but speaking with coastal those conditions are being seen more often that every 100 years. A NOAA buoy indicated waves exceeded the 100 -year smrm conditions on several occasions. Golding — That leads him to ask how high the wave action was on the bluff when NOAA recorded those waves. Glowaeki — Engineers are saying that anything other than what they are recommending is destined to fail. Feels this commission should listen to what it's being told and make decisions accordingly. Steinnuer— At one point this four-tube design was denied. This fact finding is germane to the discussion. Wonders how often winter storm wave run up exceeds 20 feet. Hartnett — Doesn't have specifics but believes it is happening. Bennett — When the bags were surveyed, was the leading edge surveyed? Feeley —No, the base of the bluff undulates. Can get that data point to show where the leading edge is in relation to the high - tide mark. Karberg — With sand augmentation unclear if it is across the whole bank and don't have numbers how deep that augmentation is. Hartnett — What is shown is what is proposed. Presently focus is on critical areas. Would like enough sand for the whole length to make it smooth enough to plant. Mark Haley, of Haley & Aldrich, identified other critical spots that would be beneficial to Baxter Road. Golding — Wouldn't it be easier to grade land so ran off goes back to the road rather than directing it over the bluff and to the toe. Karberg — Don't have a lot of information about the hydrology of that water. There's been mention but no proof. Golding — Page 7 of the PowerPoint shows that much of the beach has disappeared where people would access the beach at high tide. That is an adverse impact so asks what Ms Hartnett suggests. Hartnett — Stairs and the top of the bluff are proposed for access to the beach. Discussion about pedestrian access to the beach. Oktay — Each tube blocks more of the bank and covers smrm water protection and habitat. Feeley — The ends are very tapered. Don't think the new returns would change that. Pace 2 of 10 Minutes Ibr March 19, 2014, adopted May 28, 2014 Public Cormac Collier, Executive Director Nantucket land Council — Will behaving consultant respond to information presented today and in the file. In terms of the 4" tube application; it was our understanding the third tube would be removed when coir orjute became available; now the ConCom is deliberating the installation of the 4'a tube. Confused on who is presenting what as to the permanent and temporary structure; that needs to be clarified. The Town is saying its temporary; SBPF is saying its permanent. In terms of the immediate request: emergency cert. Done grass can be planted all the way into May; in the plan it states they want to use fertilizer, which isn't necessary for dune grass. Don't think juniper is appropriate for the bluff. Don't think it is urgent to plant and that needs to be consolidated into the NOI. In regards to the high -tide issue; work was done below the mean high tide water line and staff should cal I the Army Corps of Engineers (ACE) for the letter Hartnett has referred to. ConCom needs to determine whether or not the work has been done within the confines of the regulations. Does not understand how the returns will not require excavation into the bank. Drainage, there is no declaration of the wetlands and ConCom should have that information per submission requirements. Asked what happened to the excavated sand that went into the Tier 1 geo -tube. Bam LaFarge —Noted that out there that despite any drains installed, it comes over the edge of the bluff. Don't know how the subsurface drain will work. Also bothered about the question as to whether this temporary or permanent. The angle of the bluff is steeper than depicted in the as built. Dirk Roggeveen, Quidnet/Squam Association (QSA) — Clients aren't opposed planting the coastal bank; however how it came forward is an issue. It is an emergency that helped create an emergency. This was brought up three months ago and then held for three months until it became an emergency. What is being proposed is me vegetation of beach grass on a coastal bank. NRCS guy says that beach grass is appropriate for dune stabilization and where soil is very sandy. This area is neither. Don't think there ever has been beach grass there. A photo from the 1920s does not show a lot of vegetation and no beach grass. ConCom needs to address the use of fertilizer on this slope where it could be washed into the ocean. On the NOI, the Town and SBPF have to meet the same standards for documentation as everyone else. Also a major change has been made to land where it used to be a bank with the beach sloping to it, there is now an interim bank. Applications that come before this board have always gotten peer review. This board has never had a technical review of this project that it is allowed to have and the applicant pays for. Need clarification/confirmation on the temporary nature of this structure. In regards to construction, what has been built is a stepped structure; a storm will take the sand at the base fast then wash over the top of that tube and take away from the second changing the dynamics of the bank. Do not believe 20 -foot waves will hit that beach, the off -shore bars dissipate those waves; it has never happened or it would be in the books. Sand on top of the structure will not nourish the beach; it never goes into the system and the down -drift beaches will be sand starved. Thinks the commission needs to address the alterations that have occurred at Hoicks Hollow Edie Ray, 60 Miacomet Avenue — It is getting to be Piping Plover time and wants to call attention to a plover that has nested close to the Hoicks Hollow access point If this is not completed by April 1, the commission should ensure the applicant will provide a share-bind monitor on the beach. Staff — A share-bind monitor would be a condition. Sharon Van Lieu, Kendrick Street — Concerned that this will not solve anything. The Bluff is still eroding; described areas that are still eroding. Do not think Baxter Road will be saved where it is. This project is a failure. it's notjust wind and rain, moisture freezes on the bluff then drops off; this structure doesn't prevent that. Dirck Van Lieu, Kendrick Street — The cross section of the tube indicates the replenishment trigger is when the lowest mbe is exposed half -way to its vertical height; does that mean the nourishment isn't triggered until the beach erodes down? Also wonders if the scour apron wouldn't be prone to dropping if sand is lost. Feeley — Explained that machines would remove the upper and before the 0 bag is installed. Pete Kaizer, commercial fisherman — These bags are anchored into the beach and have straps going around them; they won't come loose and go into the ocean. As a point of observation, the sand going over the bluff is falling to a natural angle of repose; where there was no sand, sand slid off from above into that place. He would augment with sand to the top of the bluff; that would stop the erosion. Stated that he insisted upon the anchors. States that he would be compensated if and when those bags come loose. Oktay — Has Concern about the fertilizer and the beach grass. Stcinauer — This is part of the open enforcement order. There seems to be a number of unanswered questions. Thinks ConCom should hire a consultant and have the wetlands surveyed. Buzanoski — The NOI with the Town is temporary. Any permanent request has m come from SBPF. Staff Will try to get something from AEC. Motion Continued to April 2 without objection. Vote N/A 2. SBPF — Baxter Road Area (Multiple) SE48 -2581 (Revemrent project) (cont to 4/16) 3. LaBombard — 62 W. Chester Street (41 -373) SE48 -2625 (coot to 4/2) 4. Nantucket Islands land Bank -17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3- 1,48,47) SE48 -2649 (cont to 4/2) Page 3 of 10 Minutes for March 19, 2014, adopted May 28, 2014 5. Thompson — 14 Fargo Way (14 -17) SE48 -2645 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Stan Humphries, Laurentide Environmental Consultants, Inc. — Addressed issues and concerns brought up at the last hearing. Withdrawing portion extending into the proprietors road. Will monitor random spots. In lieu of fiber logs, propose a sand - filled coir tube, duck -bill anchors will be tied with rope. Sand - drift fence will be replaced with 4 -inch posts; use jute landscaping mesh over the tubes with beach grass planted through it. Want to add three to five clamps of bayberry. Sand will be monitored. Shortened project 16 feet. There is a salt marsh and the harbor; this is not a long recreational beach. Discussion Steinauer — Asked if there was a calculated annual erosion rate and mitigation. (answer: 175 cubic yards.) Normal method is to require the volume to be added on an annual basis as a minimum. Public Sarah Alger, Sarah F. Alger P.C., for the abutter — Removal of the proprietors' road piece meets concerns. Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Glowacki) Vote Carried unanimously 6. Boynton — 141 Wauwinet Road (20 -2) SE48 -2648 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gustation, Blackwell and Associates Inc. Discussion None Public None Staff Continued to Massachusetts Natural Heritage letter, no take. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 7. Fargo Way R.T. — 10 Fargo Way (14 -15 & 61) SE48 -2647 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. Discussion None Public None Staff Also waiting for Massachusetts Natural Heritage, no adverse impact and no take. Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 8. -Land Bank — 260 Milestone Road (72 -48) SE48 -_ Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused K irberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Install irrigation to serve the putting greens and Tee pads of the existing golf course. Numerous wetland exist and boundaries shown on plan. Only open trenching is for the water main. Install new pump into the well to drive the irrigation system. One impact is construction related. Watering could be an impact in proximity to the wetlands. This is an improvement as less water will be used; the system is more controlled. Can get additional information on the water needed for a golf course. This would be on zones. Request continuance for Massachusetts Natural Heritage. Discussion Golding — Wonders if there might be records of how much water is used but doubts that. Steinauer — Would like to see sensors in place to tell it when to water. There is more control this way. Bennett — Can see the advantage of a quality watering systems. Oktay — Only concerned about the greens that are in the wetland areas. Glowacki — Would like to understand better the wring. Public Kevin Dale, — As an avid golfer, he is in favor of the project. Also the course is open seasonally then shut down and dimmed. It is just the Tee boxes and greens. This control is better than erratic hosing. Staff Need the DEP number. Motion Continued in April 2 without objection Vote N/A p.00aMrr Minutes tot March 19, 2014, adopted May 28, 2014 9. •Scavo Rev. Trust — 8 Galen Ave. (29 -113) SE48 -2653 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Completely within land subject to coastal flowage and 100 foot buffer to bordering vegetated wetlands located off site. No waivers required or requested. For an addition to an existing structure. Discussion Glow icki — If it meets performance standards and no waivers required, go to the public. Public None Staff None Motion Motion to Close. (made by: Bennett) (seconded by: Golding) Vote Carried unanimously 10. - Seaver Family -51 Ocean Ave. (73.3.2 -53) SE48 -2650 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Regulated area located east side of ocean avenue, a coastal bank between 25- to 100 foot buffer for removing existing dwelling and construct a free-standing primary dwelling with a secondary dwelling/garage. Work will occur within 100 foot buffer. New construction, a porch, within 50 -foot buffer. Requested waiver under NRA. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. —Ocean is a paved public road and the bank is below the road. Trying to make the house move before May 15. Discussion None Public None Staff Waiver under provision A; can recommend under provision E, resource area is on the opposite side of road. Motion Motion to Closes (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 11. -Five Star Properties — 7 Easton Street (42.1.4 -5) SE48 -2652 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Resource area are land subject to coastal storm flowage and 100 foot buffer to coastal dune and time field. Utility structure for mechanicals. No waivers are required. Discussion None Public None Staff None Motion Motion to Close. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 12. -62 Walsh Street Trust -62 Walsh Street (29 -85) SE48 -2651 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — Developed lots construction of SFD with improvements. Regulated are land subject to coastal storm flowage; elevating first floor to comply with flood zone standards. Designated temporary de- watering area. Discussion None Public None Staff None Motion Motion to Close. (made by: Oktay) (seconded by: Karberg) Vote Carried unanimously rare o or in Minutes tot March 19, 2014, adopted May 28, 2014 13. - Pippens Way, LLC— 12 Gardner Road (43 -94.2) SE48 -_ Sitting Steinaueq Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Modifications to Lots 7 & 9 to removal existing dwelling, construct new drive and adjust approved limit of work. Falls within rare and endangered species. Waiting to hear from Massachusetts Natural Heritage. Removal of structure is within 50 feet of bordering vegetated wetlands. 10 -foot wide driveway outside the 25 -foot buffer to the bordering vegetated wetlands but is within jurisdiction. Swap some areas that were to be cleared in areas that are ofjurisdiction with areas outside. Establish two building envelopes outside the 50 -foot buffer. Ask for Continuance for Massachusetts Natural Heritage. Sarah Alger, Sarah F. Alger P.C. — Removed the well from inside the Conservation Restriction areas. Discussion Oktay — Asked if any of the septic is being pulled. Gasbarro — Septic will be abandoned. Utilities will run under the driveway. Public None Staff Will draft an order. Motion Continued to April 2 without objection Vote N/A 14. •Zepf— S Baxter Road (73.1.4-11.1) SE48-2654 Sitting Steinaueq Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Buffer zone to a Coastal Bank. Existing structure renovation and modifications a portion within the 50 -foot buffer. Have asked for a waiver based on no reasonable altemative /no adverse impact of the bench in the buffer. Discussion None Public None Staff None Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 15. `Allison Moore Beadles R.T. —7 Chase Lane (20 -76) SE48- _ Sitting Steinaueq Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Resource areas are one bordering vegetated wetlands and two isolated wetlands. Replace /relocated driveway to come in off Polpis Road. Landscaping: retaining wall, pool just outside the 50 -15eet of bordering vegetated wetlands. Propose best practices general invasive species management; none of it is within resource area. Not looking at herbicide use. Request continuance Julie Jordin, Garden Design Company — Explained plans for the meadow; outside resource areas. Discussion None Public None Staff Will draft an order of conditions. Motion Continued to April 2 without objection Vote N/A Page 6 of 10 Minutes lot March 19, 2014, adopted May 28, 2014 B. Emergency Certifications L Sconset Beach Preservation Fund— 87 -105 Baxter Road Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Staff Reviewed emergency criteria that have to be met: public safety, only for public health or safety, should not be more extensive than to abate the emergency. Who is ordering the work /o be performed and what is the scope of work. Read preamble to the emergency certification regulations. Representatives Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen FLY —this emergency certification is designed to be an opportunity for a beneficial action. He believes this complies with the emergency certification criteria. This is an emergency that has already been certified to protect the toe of the bank but nothing to stabilize the top This is an emergency because the Town has delineated a 25 -foot line that threatens the road if it is breached. Within one year, that line could be breached; it was determined that a loss of water and sewer is a public health and safety danger. Planting beach grass is about as little as can be done and has no negative impact. The biodegradable netting and planting will help the road get through the 2014 & 2015 seasons. Root balls can be planted later but won't provide protection for one season. There is no other place where water and sewer are at risk. Maria Hartnett, Geologist Epsilon Associates Inc. Discussion Glowacki — Has a lot of experience with beach grass; the only way to do it is the bare -root planting and had to be done by tax day. It is curious about the bird situation which indicates this does have to be done quickly. Golding — The growth on the bluff has not been beach grass. Oktay — Asked if this is coming from the Town? Golding — There is nothing in the DEP letter of November 10, 2013, that waived government need requirements. Baxter Road being closed at 25 feet won't affect infrastructure, only access. He heard mention of the appeal period and wonders if the applicant intends to appeal any decision that ConCom makes. Cohen — Can't do work connected with an NOI until after the 20 -day appeal period. The appeal found that the type of determination suggested by the commission was not what DEP was requiring. This is a follow up for the emergency cert already issued. There is a risk to the utilities. Posner— Don't want to push this in a way that is odious. Hartnett — Do intend to plant the entire project area. Oktay — The planting aspect should have been applied for well before this. Time has been lost. Staff— Going back and adding on to the prior emergency certification is problematic as it was determined to be the minimal amount of work required. Steinauer — The emergency certification was authorized to set up alternate to Baxter Road. What he hears is that isn't happen. Van Lieu — At the Q &A session, Ms Buz ur oski said Baxter Road wouldn't be moved until it failed. Karberg — The vegetation proposal needs to part of the NOL Oktay — Agrees. Bennett — Stated that as he recalled from the original discussion there was agreement to leave the top of the bank untouched for habitat. Glowacki — Suggests the board is ready for a motion. Cohen — Requests a withdrawal without prejudice. Public Sharon Van Lieu, Kendrick Sheet Motion Withdrawal accepted without objection. Vote N/A III. PUBLIC MEETING A. Minor Modifications 1. 'Desert Island LLC — 15 Delaney Road (30-66) SE48 -2603 Sitting Steinman, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Requested a continuance. Discussion None Public None Staff None Motion Continued to April 2 without objection Vote N/A Pace 7 of 10 Mmutes for March 19, 2014, adopted May 28, 2U14 B. Certificates of Compliance I. Nicholes & Bauer— 6 Medouie Creek Road (20 -24) Se48 -2587 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Discussion None Public None Staff This is a partial certification that invalidates lot 6 only and leaves open for 5 & 9 Motion Motion to Issue. (made by: Golding) (seconded by: Oktay) Vote Carried unanimously 2. -Holt —98 Squam Road (12 -36) SE48 -2464 Sitting Steinauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Recommend issue Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanhnously 3. • Nicholson — 22 Brewster Road (54-169.1) SE48-2460 sitting Stemmer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Recommend issue Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously C. Orders of Conditions (If the public hearing is closed— for discussion and/or issuance) 1. Nantucket Islands Land Bank — 17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3- 1,48,47) SE48 -2649 (cont to 42) 1 Boynton —141 Wauwinet Road (20 -2) SE48 -2648 Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Very simple. Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 3. Fargo Way R.T. — 10 Fargo Way (14 -15 & 61) SE48 -2647 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Conditioned similar to previous such projects. Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 4. 'Land Bank — 260 Milestone Road (72 -48) SE48- _(cont to 42) Page 3 at 10 Minutes for March 19, 2014, adopted May 28, 2014 5. *Scavo Rev. Trust -8 Galen Ave. (29 -113) SE48 -2653 Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Very simple. Motion Motion to Issue. (made by: Glowacki) (seconded by: Okmy) Vote Carried unanimously 6. - Seaver Family — 51 Ocean Ave. (73.3.2 -53) SE48 -2650 Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff There is a waiver for no adverse impact/no reasonable alternative. Motion Motion to Issue. (made by: Glowacki) (seconded by: Oktay) Vote Carried unanimously 7. -Five Star Properties — 7 Easton Street (42.1.4 -5) SE48 -2652 Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff No conditions. Very simple. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 8. •62 Walsh Street Trust— 62 Walsh Street (29-85) SE48-2651 Sitting Steinauer, Okmy, Karberg Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff The only resource area is the flood zone. Motion Motion to Issue. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously 9. •Zcpf— 5 Baxter Road (73.1.4 -11.1) SE48 -2654 Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Has to correct the waivers required: no adverse impact/no reasonable alternative. Will write the waiver. Motion Motion to Approve. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 10. •Pippens Way, LLC — 23 Gardner Road (43 -94.2) SE48 - Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion There are no additional concerns. Public None Staff Will draft an order of conditions. Motion Continued to April 2 without objection Vote N/A Page 9 of 10 Minutes for March 19, 2014, adopted May 28, 2014 11. Thompson— 14 Fargo Way (14 -17) SE48 -2645 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion Steinauer — It was modified as requested. Oktay — Normally two coin bags and a row of fence is considered a coastal engineering structure, while one coin row and one row of fence are not. Bennett — There is not fence with this. Steinauer — This is a designed item to control erosion. Discussion about the scope of the project in relation to whether or not it is a structure. Consensus is it is not a structure and to grant a waiver. Oktay — Salt Marsh should be monitored in order to prove the marsh is not being damaged all the more so if they are providing 175 cubic feet per year of sand. This should require photos at least once a year. Karberg — The plan was to monitor loss of sand then add it back up to that point. Public None Staff The proposal now is just for posts so this is not defined as a coastal engineering structure. Will draft an order of conditions for its not being a coastal engineering structure. Motion Continued to April 2 without objection Vote N/A D. Other Business 1. Reports: a. CPC, Golding —Town Counsel is reviewing a query made by one of the members. b. NP &EDC, Bennett - Nothing c. Mosquito Control Committee, Oktay - Nothing d. Coastal Management Plan, Oktay - Nothing e. Other 2. Commissioners Comment -None 3. Administrator/ Staff Reports Motion to Adjourn at 7:50 p.m. Submitted by: Terry L. Norton