HomeMy WebLinkAbout2014-3-19Minutes for March 19, 2014, adopted May 28, 2014
CONSERVATION COMMISSION
2 Bathing Beach Road c
Nantucket, Massachusetts 02554 z
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www.nantucke[- ma.g p
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=gyp Wednesday, March 19, 2014 4:00 P.M. N m
9PdflATE° Training Room, 4 Fairgrounds Road c s <
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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