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HomeMy WebLinkAbout2014-4-2Minutes for April 2, 2014, adopted Mav 2N. 2014 Agenda adopted by unanimous consent Varier has not been heard 1. PUBLIC MEETING A. Public Comment 1. Richard Ray, Health Director - In regards to property at Cod Fish Park the ConCom mandated to install an Alternative Technology Septic (ATS) system. Asked commission to consider rescinding that portion of the order for this property: groundwater flow is such that leech does not pose threat to wells, or properties that could be habitated or wetlands. Installation of an ATS could be considered unnecessary expense in this area as it is not necessarily needed. Staff - The applicant would have to apply for an amended order of conditions. Swimmer - There has been discussion in the past about properties that flush directly into the ocean, rather than wetlands or harbors, as not being a large concern. At this stage of the game there is not a lot of concem about the open ocean; but that could change in the future. Oktay - Massachusetts Environmental Trost and coastal studies along with every group on the cape have been measuring nitrates offshore for Nantucket sound where there is an increase in levels of nitrates from septic systems going into the Sound. Approval for the amended order should depend on what is off shore such as fisheries and currents. Just because it isn't going into a wetland doesn't mean it isn't going into an important resource area. Ray - Reiterated that the leech is traveling with the ground water out toward the ocean. Glowacki - Be. Howes from Woods Hole Oceanographic h[stitute (WHOI) once said that the ocean has an almost infinite capacity to absorb. The areas of concern are the ponds, the harbors and the sound. Staff- Applicant should come back in for an amended order. Consensus - Would be willing to hear the applications. 2. Emily MacKinnon, Nantucket Land Council - Wants to raise concerns over the state of the Hammock Pond Road Bike Path mitigation area. Nantucket land Counsel is trying to work with the Town to come up with ways to get the area back into compliance; waiting to hear from Town Counsel about that Nantucket Land Counsel realizes there is still survey and excavation work that needs to be done. Asked that the ConCom facilitator work with the Town to ensure the Or fencing is maintained. Steinauer -There is some vegetation on the bank. 3. Edith Ray, 60 Miacomet Avenue - Looking west from Jetties, there was a front -end loader moving sand. Believes that unless the applicant has permission to do that work, there needs to be a shorebird monitor. This area is a hotbed of Piping Plover activity. 4. Staff- Reviewed navigating the new, webaite to find ConCom packets, agendas and other information. II. PUBLIC HEARING A. Notice of Intent 1. Town of Nantucket /SBPF - 85 -107A Baxter Road SE48 -2610 (geotube structure) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Reemral None Documentation Supporting documents and plans. PowerPointO presentation. Applicant Rare Buzanoski, Director Department of Public Works (DPW) - Stated that there is a letter asking the Representatives commission to approve the project as submitted. Stated she would like it approved as it is at the moment to (4:21) include monitoring and removal at the end of three years. The SBPF is willing to put their revetment application away to allow time to monitor the effect of the mating structure. Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Jamie Fmtey, Cottage and Castle Construction Discussion Cohen - We would request a significant continuance of 6 to 8 months for the revetment project. Staff- Recommended in that case to withdraw and reapply so that new commissioners can sit on the project.) Cohen - Wish to take it off the table as an on -going issue. Staff- The design submitted now is 3- geotube as -built that was provided in January. It would be appropriate to ask that bank plantings and returns that those be included to complete the final stamped plan for the Project Pane CONSERVATION COMMISSION 2 Bathing Beach Road -_ + ffi Nantucket, Massachusetts 02554 �- \ ��o\v www.nantucket -na a.Rov �- OgpSE Wednesday, April 2, 2014 4:00 p.m. I mining Room, 4 Fairgrounds Road �„ n N M Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Jennifer Karberg" Andr BeM-ett, Ian Golding, Michael Glowacki - Called to order at 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes il"aker-S Attending Members: Steinauer, Oktay (remote participation), Karberg, Bennett, Golding, Glowaki Absent Members: None Agenda adopted by unanimous consent Varier has not been heard 1. PUBLIC MEETING A. Public Comment 1. Richard Ray, Health Director - In regards to property at Cod Fish Park the ConCom mandated to install an Alternative Technology Septic (ATS) system. Asked commission to consider rescinding that portion of the order for this property: groundwater flow is such that leech does not pose threat to wells, or properties that could be habitated or wetlands. Installation of an ATS could be considered unnecessary expense in this area as it is not necessarily needed. Staff - The applicant would have to apply for an amended order of conditions. Swimmer - There has been discussion in the past about properties that flush directly into the ocean, rather than wetlands or harbors, as not being a large concern. At this stage of the game there is not a lot of concem about the open ocean; but that could change in the future. Oktay - Massachusetts Environmental Trost and coastal studies along with every group on the cape have been measuring nitrates offshore for Nantucket sound where there is an increase in levels of nitrates from septic systems going into the Sound. Approval for the amended order should depend on what is off shore such as fisheries and currents. Just because it isn't going into a wetland doesn't mean it isn't going into an important resource area. Ray - Reiterated that the leech is traveling with the ground water out toward the ocean. Glowacki - Be. Howes from Woods Hole Oceanographic h[stitute (WHOI) once said that the ocean has an almost infinite capacity to absorb. The areas of concern are the ponds, the harbors and the sound. Staff- Applicant should come back in for an amended order. Consensus - Would be willing to hear the applications. 2. Emily MacKinnon, Nantucket Land Council - Wants to raise concerns over the state of the Hammock Pond Road Bike Path mitigation area. Nantucket land Counsel is trying to work with the Town to come up with ways to get the area back into compliance; waiting to hear from Town Counsel about that Nantucket Land Counsel realizes there is still survey and excavation work that needs to be done. Asked that the ConCom facilitator work with the Town to ensure the Or fencing is maintained. Steinauer -There is some vegetation on the bank. 3. Edith Ray, 60 Miacomet Avenue - Looking west from Jetties, there was a front -end loader moving sand. Believes that unless the applicant has permission to do that work, there needs to be a shorebird monitor. This area is a hotbed of Piping Plover activity. 4. Staff- Reviewed navigating the new, webaite to find ConCom packets, agendas and other information. II. PUBLIC HEARING A. Notice of Intent 1. Town of Nantucket /SBPF - 85 -107A Baxter Road SE48 -2610 (geotube structure) Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Reemral None Documentation Supporting documents and plans. PowerPointO presentation. Applicant Rare Buzanoski, Director Department of Public Works (DPW) - Stated that there is a letter asking the Representatives commission to approve the project as submitted. Stated she would like it approved as it is at the moment to (4:21) include monitoring and removal at the end of three years. The SBPF is willing to put their revetment application away to allow time to monitor the effect of the mating structure. Steven Cohen, Reade, Gullicksen, Hanley, Gifford & Cohen LLP Jamie Fmtey, Cottage and Castle Construction Discussion Cohen - We would request a significant continuance of 6 to 8 months for the revetment project. Staff- Recommended in that case to withdraw and reapply so that new commissioners can sit on the project.) Cohen - Wish to take it off the table as an on -going issue. Staff- The design submitted now is 3- geotube as -built that was provided in January. It would be appropriate to ask that bank plantings and returns that those be included to complete the final stamped plan for the Project Pane ..... u_ ao. r•P.a, wIY, aapr. tnay La, IV 14 Buzanosld — If the commission decides that the plants and returns should be retained, we will be willing to do that. Cohen — The effort is to push for something that is approvable and stop making it more complicated. To the extent of what is likely to be approvable, we would submit whatever details are necessary for that approval. Karberg— Asked if there was any information about performance of the structure during the latest storm. Jamie Feeley, Construction Manager Cottage and Castle Inc — The system functioned as it was intended. It looks like a 11/2 to 2'/: cubic yards (CY) was lost and the face of the second tube, which was exposed. Beach dropped about to elevation five during the storm but by Friday, it had recovered back to elevation eight and the bottom tube was recovered. Would like to get out there to nourish 6 -8 CY per lineal foot to replace and stockpile on top of the systems; however we are prevented from doing so by the Cease and Desist Order. There was no loss of sand on top of the geotube. Glowacki — Fxpmssed his opinion that it is complicated as to what is being requested. Wants to know specifically what the commission is being asked and urged the commission not get into other aspects which confuse the issue. Discussion about what specifically is being sought at this time. Golding— Did bring up a recreational capaci ty for stairs going down the bluff which should be pan of the application. Went back in an older NOI from 2007 that referenced tie fishery resources with cross sectional scans of the ocean Boor. Would like that also included as a component to show what is happening up and down drift. Staff— WHOI does a portion from the shore out that doesn't go much further about SO feet from the shore. Golding — The submittal from 2007 extends sigri ficantly farther out It might allay some concerns as to dynamics. Cohen — If more near-shore impact is to be monitored, we are wiWng to come up with numbers that make sense. Bennett — Asked what the engineer's opinion about leaving the returns off the NOI. Bar anoski — The returns are good for end scour. The reason she has pushed for what is there now is to limit the amount of equipment on the beach. Cohen — The returns would be bio- degradable and not excavated into the bank; however, they would be filled and maintained in a manner that would be consistent with activity that is already occurring. Swimmer— We are entering into the season where Piping Plover activity could start occurring in this area. 13mamoski — Shorebird monitoring would be a requirement in the Order of Conditions. Swimmer —The basic order is put together; should be easy to put it all together and bring that in. Cohen — Would have an as built plan, and if amenable to show the returns, the construction program for the retums, the monitoring program, maintenance program, and order of conditions with proper conditions and failure criteria. Stated the he would like to take this opportunity to have a more effective conversation, also he has information that the commission requested at the last hearing. Asked if the commission wanted to review the information now Oktay — Would like to see the as -built, monitoring, pay attention, agree with Dr. Steinauer. Last time mike asked about independent reviews and having them look at the as -built Would push for external review of the revegetation. Like the idea of restricting to size it is now with monitoring. Cohen — Will submit a plan through staff. Public Bain LaFarge _ Been down to the site a couple of times since last - week's storm. There is an exposed tube. In that store there was significant end scour on the north end; Believes some protection should be requited; it wasn't what would be rated a big storm. Edith Ray, 60 Miacomet Avenue — Would be moving sand by bull -dozer, it should be included in the order that every motorized vehicle on the beach after April 1 is accompanied by a qualified shorebird monitor. Emily Mackinnon, Nantucket Land Council— In support of moving toward closure, but wants to bring up a couple of thoughts. Wants to assure that was filed appropriately. Referred commission back to a November 20, 2013 letter in regards to regulatory compliance. Point out observations after that latest storm: the nourishment as it is being applied, a large portion is not available during the storm and that should be addressed. On going concerns about how nourishment is provided. After that last storm, the volume of mitigation nourishment the number and place are important because even down drift areas and those immediately adjacent to the structure need to be monitored. Believe this structure requires waivers and at this time and don't think it is permissible under the regulations. Dirk Roggeveen, Quidnet /Squaw Association (QSA) — There were an enormous atnowt of photos posted on line that showed what happened during the stow; might want to direct the staff to print some of those out. The photos show that the stow came in almost immediately washed away sand in front of the 2^a tube leaving water hitting against the exposed tube. All sand above that tube just sat there and didn't go into the system. The beach dropped and the waves went around the end. The dropping of the beach puts that sand into the system; it was not coming from the structure. The net affect the system was being robbed of sand. The issue of down -drift beaches has still not been addressed; would look for the commission to have the applicant craft a better way of introducing sand into the system. If the base tube were Coin, it would introduce sand into the system during the stow. His clients maintain this structure will cause environmental damage to the beaches. rug. cum su Minutes lot April 2, 2014, adopted May 28, 2014 Fare 3 of 111 Sminauer— It is hard to determine how much sand this latest storm would base taken from the bank or contributed to the system; we don't have those numbers. Stated he thought there were two volumes of sand coming. the 22 CY linear foot for mitigation and the sand piled on top that is semi - permanent We really need monitoring and constant monitoring reports to include during storm events. Over the next 3 years the commission can come up with a way to get sand into the system. Feeley — having been on the beach several times after the storm; none of the existing cort rubes along the bluff were fully deflated from the storm. In regards to the template, 8 CY were contributed during die construction process with 14 on top. There is still sand on top of the system that can be pushed down without b tinging out more trucks. Cormac Collier, Executive Director Nantucket Land Council — This is being applied for as a limited project; however, the state representative from the Department for Environmental Protection stated that this is not allowable as a limited project. Referenced a letter he submitted. Buzanosld & Feeley — Explained the reason for the plastic sheeting. Collier — This exemphfies frustration at the lack of a written narrative of the construction process. The applicant has done things the commission didn't know about unul it was brought up at this meeting. It is obvious the tubes are ripping and was doing so during the storm; this is non - biodegradable material going out into the ocean. With that happenin& doesn't know how they are going to get to it during a storm; they can only reach after the storm and dean up what is left The Nantucket Land Counsel is frustrated with this. Want an understanding that if this is not pe oussible under the rules and regulations and the board is headed in die direction of issuing an order, whether positive or negative, the order is the key with the findings and conditions. First and foremost, how is the board going to determine that this is temporary and be binding on a future commission. The mitigation is also important in terms of timing. Golding — Stated that an independent monitoring program would address all that. Cohen — Most of what has been said is in agreement with his clients have said. The temporary issue has a tendency to be abbreviated. This is the 3 -year permit; there is an intent that the board could extend it up to an additional 3 -year during which time issues can be worked no This is a project that is to be replaced or removed as the CmCom decides. Have committed to filing a new NOI for an extension. Stefie uer — Need to see an NOI as discussed earlier to know what exactly is being requested. Cohen — Will submit a written proposal to staff addressing mitigation monitoring. Steinauer— Also need to include the Shore bird monitora. Oktay — Need something about what the instruction protocol was. D. Anne Atherton, 48 Squam Road — Her concern is maintenance of the public beach in front of the geombe. The proposed public access is not appropriate and does not address people walking along the beach; only stairs down to the structure have been proposed. The Town -owned beach would disappear. There has been discussion about the one -beach easement should the Town -owned part of the beach disappears. Buzanoaki — Requested a continuance. Staff There would be a plan submitted to be a record showing the plan in totality. Motion Continued to April 30 without objection. Vote N/A 2. LaBombard — 62 W. Chester Street (41 -373) SE48 -2625 (cont w 4/16) 3. Nantucket Islands Land Bank —17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3- 1,48,47) SE48- 2649(cont to 4/16) 4. Land Bank — 260 Milestone Road (72 -48) SE48 -2656 (Sanitary Golf Course) Sitting Stemauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Have submitted additional information from the superintendent of the golf course on how it will be done and how much water would be used. Have received Massachusetts Natural Heritage sign off and hope to close. Included in the narrative a description of the construction protocol: single pipe duough an existing road. Do not know how to get water use numbers for the commission. Turf management is not part of this application. Discussion (5:18) Golding— Could request monitoring of water use. Public Bruce Perry, as a citizen —Thew are two ditch crossings with no protocol in the file. Question about how the water quantity will be calculated. As grasses on greens entrant, how would those be maintained in regards to fertilizers, especially those near the wetlands. This is a Zone 2 area for the `Sconset water table. There are places where the road goes over the ditch with no culvert and would like to know how that will be addressed. Staff Can address in the order of conditions how the pipe will cross culverts. They ate required by the Board of Health to coaf n n to the fertilizer Best Management Practices. Motion Motion to Close. (made by: Golding) (seconded by: Bennett) Vote Carried Okay -aye, Golding aye, Steinauer aye, Bennett-aye, Glowacki -aye Fare 3 of 111 Minutes for April 2, 2U 14, adopted Mav 28. 2014 5. Pippens Way, LLC —12 Gardner Road (43 -94.2) SF48 -2655 Sitting Steituueq Oktay, Kstberg Bennett, Golding, Glowacki Recused None Docum mmum Supporting documents and plans. Representative Arthur D. Gasbarm, Blackwell and Associates Inc. — NOI for Lots 7 & 9 only for construction of new dove demo structure and new budding envelope in buffer zone. Provided a revised plan moving the well location outside the buffer. Received the Massachusetts Natural Heritage sign off. Discussion (5:31) None Public None Staff Have everything needed to dose. Motion Motion to Close. (made by: Golding) (seconded by: Kerbetg) Vote Carried Okay -aye, Karberg -aye, Golding -aye, Steiaauer -aye, Bemett-aye, Glowacki -aye 6. Allison Moore Beadles R.T. — 7 Chase Lane (20 -76) SE48 -2657 Sitting Steinauer, Okmy, Karberg, Bennett, Golding, Glowadd Recused None Documentation Supporting documents and plans. Representative Arthur D. Gash=., Blackwell and Associates Inc. — Received Massachusetts Named Heritage sign off. Discussion (5:33) None Public None Staff Have everything needed to close. Motion Motion to Close. (made by. Bennett) (seconded by Karberg) Vote Carried Okay aye, Katberg -aye, Golding -aye, Steinauet -aye, Bennett -aye, Glowacki-aye 7. *Andrews —190 Madaket Road (38 -8) SE48- Sitting Steinauer, Okay, Kmber& Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarm, Blackwell and Associates Inc. — Upgrade of failed septic within bordering vegetated wetlands buffer and coastal bank by definition buffer zones. Leech is outside the buffer zone and jurisdiction. Did receive a filed inspection report and owe ConCom a waiver for the work based upon long -tern net benefit. Request continuance. Ginger Andrews, Dome[ Discussion (5:39) None Public None Staff None Motion Continued to April 16 without objection. Vote N/A 8. *12 Oak Hollow N.T. —12 Oak Hollow Lane (56 -128 portion) NAN -115 Sitting Steinsuer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering — Resource area is a bordering vegetated wetlands, no work within 25 -foot zone, a portion of pervious drive within 50 -foot buffer and a portion of the proposed cottage within 100 -foot buffer an isolated bordering vegetated wetlands. Diseusslon (5:39) None Public None Staff Have everything needed to close. Motion Motion to Close. (made by. Bennett) (seconded by: Karberg) Vote Carried Okay -aye, Karberg -aye, Golding aye, Steiromer-aye, Bennett -aye, Glowacki aye rare 4 Ot 111 Minutes for April 2, 2014, adopted May 28, 2014 9. *Krautu — 191 Eel Point Road (33 -19.1) SE48 -2659 Sitting Steinauu, Bennett, Golding, Glowacki Recused Oktay, Karber Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering— Have flagged the bordevng vegetated wetlands and no work is proposed within 100 feet. Resource areas affected by the project include: coastal done, coastal bank, and land subject to coastal flowage. All work to be outside 50 -foot buffer. Proposing dry wells for runoff. The pool fence can be added to the plan; don't have details at this time. Kevin Dale, Vaughan, Dale, Hunter and Beaudette, P.C. Discussion (5:43) Steinauer — Would like to condition that the fence be outside the 50 -foot buffer. Public None Staff Pool discharge would be part of the conditions. Received a letter from an abutter but it did not address wetlands act. Motion Continued to April 16 without objection. Vote N/A 10. *Mackenzie & Hughes, Trustees — 4 Swain Street (42.4.1 -82.3) SE48 -2658 Sitting Smimmet, Oktay, Katberg, Bennett, Golding, Glowadti Recused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors — land subject to coastal storm flowage with structure inside buffer zone. Isolated wetlands along the back. Work is construction of an 8X10 shed; proposed a couple of locations outside 25 -foot buffer but within 50 -foot and within disturbed lawn area. Requested waiver under NRA. Site not subject to Massachusetts Natural Heritage mapping. Discussion (5:47) Oktay — Prefer the second location because it is farther from the wetlands. Discussion about the two proposed sites in relation to the wethmds. Public None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Katberp,) Vote Gamed Okay -aye, Karberg -aye, Golding -aye, Steinama,aye, Bennett aye, Glowacki -aye 11. *MASSDDT — 4 Goose Pond Lane (55-007 & 415) SE48 -2660 Sitting Steinauer, Okmy, Karbetg, Bennett, Golding, Glowacki Recused None Doco m aremon Supporting documents and plans. Representative Lisa Standler, Massachusetts Department of Transportation (MASSDOT) — A multi-use in -town bite path from the north end of the Washington Street extension, along the railroad (RR) lace, and come out onto Orange Street. The path is to be 10 feet wide with 2 -feet grass shoulders on either side. The bourn is within the buffer zones of multiple resource areas. Because the RR bed is cuaow, propose to drive steel sheathing either side of the bike path which would be 5 -6 feet below grade and 2 -3 feet above then filled in to allow 14 -feet across the top length of the. Hope to address the situation of a culvert that is collapsing that hopefully would be replaced in conjunction with this project but have not yet designed the wall. Thue is an area large flat area along the RR bean to become rest area. There are trees along the been that construction requires them to be removed and replaced with black oat No change in the elevation of the top of the RR berm. Orange Street shoulders would added to accommodate cyclists on each side of the road. Goose Pond Lane could continue to be open to access. There should be no issue with users walking into the saltmarsh due to the density of phmgmites. Matt Casey, Project Engineer — Starting a program to sample soils; the infomution would be used to create compatible sheet pilings. Discussion (5:54) Golding — Disclosed that he is on the Bicycle - Pedestrian Advisory Committee. Karberg — Wonders how drainage would be affected by the steel sheathing. Asked if there had been any looking into using pervious materials along the path rather than paving. Okmy — Shares the concern about use of pervious materials. The design here is more critical than ant place on Nantucket Asphalt sheds pollutants. Also concerned that sheet piling could stop the hydrology as it is now. Smndler— There are two feet of shoulders to help infiltration. The asphalt would be about 6500 square feet (SF) of new impervious payment. Goose Pond receives a lot of drainage from the Town and the narrow strip won't be a significant contributor. Casey — MASSDOT doesn't like to use pervious material on bike paths due to maintenance and mobility issues. ADA compliance is a big concern for MASSDOT. Discussion about using impervious materials or alternative materials. Glowacki — If drainage percolates down through the shoulders, he does not see a problem. The commission has to figure out what will work. Steinauer —The RR berm is probably very heavily packed and wonders how pervious it actually is. Standler— Pointed out that there is a large sewer line tanning inside the berm at this time. Pave Sot 111 v�nmwa gym —tru , , uuvptuu I my zo, LV I Public Bruce Perry, Third -patty Consultant Conservation Commission — Would be one to have field stakes showing how long it will be and a recent wetland boundary flag would be helpful to show how close it will be. The sitting area turn out and drop off should be clarified and will require a fence. Sheet piling has to be long enough to get pass the compacted defmaterior into moss beneath it and not obstruct the hydrology. Country-style flow with a 2 -foot separation and sheet piles on a frozen day, the mnoff will go straight into the saltmarsh. Would be nice to replace culverts without dooming Goose Pond. Standler —'Me Town has had a long -term study about the culverts and the questions are what's the function and how deep and how large does it have to be. A goal would be to improve the flushing to the pond to restore the saUmarsb hydrology and get rid of the phtagmites. Golding —Asked if there was any insight as to the topography or if there were core samples. Star lle,— Sediment samples are being done. Karberg— Asked how easy it would be to put the culverts in through sheet piling. Standlet— What is being done will not preclude replacing the culvert in the future. Steirauer — He would like to see some permeability tests to see if anything goes through that. Stardler — Don't want to change the pond hydrology. Perry — The pictures in the NOI of the invasive species are three seasons old. The Land Bank has done extensive work on removal; however, there are still root systems for Japanese Knotweed that could grow up through the paving. Standler — Explained that clean fill from off -site. Keeping the invasive species out will be a long term maintenance project. Steirauer — Knoomed is a particular problem as it grows through barriers. Okmy — There was a lot of engineering work through Comprehensive Wastewater Management Plan 1, 2, & 3 done by the Town which might contain helpful hydrology information. Sturdier— She has looked at the reports so far and seen nothing that relates to the hydrologic questions posed here. Cormm Collier, Executive Director Nantucket Land Council — It is ironic that the town is back with bike path request when there is an active enforcement issue on another bike path. In that context, he stated that it is hard to determine who is the applicant the Town m MASSDOT represented by the VHB. On Hummock there was supposed to be a biologist on site at all times and that wesn t done. Thee needs to be clear communication about what is happening. Nantucket Land Counsel paid for a study to look at hydrological connection between saltmarsh and Connue Springs; recommendation was a large box culvert at a diff level. Culvert can't be built until sediment is dredged. Concerned that the sheet pilings will have an effect on hydrology. The Town should look at how sheet piling affects what will be done in three years time. How it impacts Hydrological flow and one -solid channel would increase flow. An engineer needs to look at this. There is no waiver request for work within 25 -foot buffers. Standler —The state is not subject to waiver requirements. Perry — Stated they are subject to local bylaws. Collier — There is an invasive species removal request in place now. Long -term maintenance and monitor is key. Casey — MASSDOT will have a full -time engiueet on site. Discussion about jmadiction and whether or not there is local bylaw authority over the project. Richard Valero, abutter — The area is under water 6 -8 times a year with the tide. The main flow is too small to be handled by the pipes. The sewer line is over 67 years old and will have to be replaced someday. The plans only show how to get tikes from town to Orange; but Washington and Orange is a main route for all trucks. If bikes are dumped now Orange or Washington, the traffic will be a nightmare. Contends most bikers don't go down Orange Street and putting a path down there is a big mistake. Shane Valero — A 10 -foot bike path is pretty big. It is narrow from the culvert down. Staff As it is applied for right now, this is under the state regulations. Motion Continued to April 30 without objection. Vote N/A rag. V V11V Minutes for Apri1 2, 2UI4, adopted May 28, 2014 B. Amended Order of Conditions 1. *Caplan — 37 Hulbert Ave. (29 -20) SE48 -2636 Sitting Steinauer, Oktag Kerberg, Bennett, Golding, Glowacki Accused None Documentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors —The purpose is to bung the filing in accordance with the HDC approval. Within and subject to coastal storm flowage. Asked for and received waivers. Discussion (6:42) None Public None Staff Recommend issuing. Motion Motion to Issue. (made by: Glowacki) (seconded by: Beamed) Vote Carried Okay -aye, Kaxberg -aye, Golding aye, Steiaauer -aye, Bennett aye, Glowacki -aye 2. *Zecher — 34 Shimmo Pond Road (43 -124) SE48 -2522 Sitting Sminauer, Oktag Karberg, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative Arthur D. Gasbarm, Blackwell and Associates Inc. — Renovation work within buffer to coastal bank: allow a 2nd -story expansion within footprint and porch opposite resource area with a small sliver within 50 -foot buffer. Discussion (6:45) None Public None Staff Recommend issuing. Motion Motion to Issue. (made by: Golding) (seconded by: Sennett) Vote Carded Okay -aye, Golding -aye, Steinauet -aye, Bennett -aye, Glowacki -aye 3. *CMDM, LLC — 93 & 99 Eel Point Road (30 -9 &10) SE48 -2479 Sitting Steinauex, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Storm repon submitted at the table. Representative Arthur D. Ga ibarro, Blackwell and Associates Inc. — Stated he has a revised plan reduces the scope of work that was not complete in time for submittal. The amendment as submitted is to connect to abutting project on the east end and extend on west end. On the east end, owner has responded to the Town yard sale and won the award; however finalization of the taking of the tide has not yet been accomplished and the extension of the structure at is being removed at this time. A storm report from last - week's storm was submitted at the table. They are in the midst of repair maintenance following that storm. The said nourishment was done by a conveyor belt; want to memorialize that to the commission as it is a change in the approved methodology. Stated that the conveyor seems to have less of an impact on resource areas. Discussion (6:48) The commissioners reviewed the storm repon followed by a discussion about the effects of fie storm. Mr. Gasbarm explained the post -storm repair work. In the process of retaining a certified shore -bird monitor. Public Near Staff None Motion Motion to Issue as an amended order. (made by: Glowacki) (seconded by: Bennett) Vote Carded Karberg -aye, Golding -aye, Steinauer -aye, Bennett -aye, Glowacki -aye/ Oktsy abstained. III. PUBLIC MEETING A. Requests for Determination of Applicability 1. *Ford — 29 Woodbury Lade (41-453) Sitting Stem Okmy, Kazberg, Bennett, Glowacki Recused Golding Documentation Supporting documents and plans. Representative None Discussion (6:59) None Public None Staff Applicant could not attend the meeting. The application is for the installation of a 16" meaning wall that is 58 feet from the vegetated wetlands. Recommend issuing as a Negative 3. Motion Motion to Issue as a Negative 3. (made by: Glowacki) (seconded by: Golding) Vote Carried Okay -aye, Karberg -aye, Stcinaueaaye, Bennett-aye, Glowacki -aye Mmutes for Apn12, 2014, adopted Mav 28. 2014 B. Minor Modifications 1. *Dolente — 22 North Beach Street (42.4.4 -80) SE48 -2630 Sitting Stemauer, Oktay, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting— Explained the modification in the plans outside 50 -Foot buffer for bordering vegetated wetlands. Discussion (7:00) None Public None Staff Recommend approval as a minor modification. Motion Motion to Approve. (made by: Golding) (seconded by. Bennett) Vote Carried Okay-aye, Stemauer -aye, Bennett-aye, Glowacki- aye /Golding abstain C. Certificates ofComphanm 1. 'Sanford —16 and 22 Easton Street (42.1.411,12&12.1) SE48 -2499 Sitting Sminsuer, Oktay, Karberg, Bemett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion (7:02) None Public None Staff Concrete pad built in compliance. Recommend issuing. Motion Motion to Issue. (made by: Glowscki) (seconded by: Bennett) Vote Carried Okay aye, Y uberg-aye, Sminauer aye, Bennett aye, Glowacki- aye /Golding abstain D. Orders of Conditions (If the public hearing is dosed — for discussion and /or issuance) L Thompson — 14 Fargo Way (14-17) SE48 -2645 Sitting Steimmer, Okmy, Karberg, Bremen, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion(7:03) Steimmet— Prefer to treat the co¢ logs as a structure and grant a waiver. Discussion about whether ce not the coin logs should be ruled a structure. Pubhc None Staff Finding 4: will read that the solid coir logs are a not structure. Tbere is no fence, just a single 4X4 post to hold the bottom log in place. Reviewed other findings. Motion Motion to Approve as amended. (made by: Golding) (seconded by: Karberg) Vote Carded Okay -aye, Karberg aye, Golding aye, Steinauer -aye, Bemett-aye, Glowadd -aye 2. "Pippens Way, LLC — 23 Gardner Road (43 -94.2) SE48 -2655 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Gloreacki Recosed None Documentation Supporting documents and plans. Representative None Discusaion(7:13) None Public None Staff Listed some of the septic components even though they are outside the 100 foot buffer. Condition material to be stored outside the 50 -foot buffer. Motion Motion to Issue as drafted. (made by: Karberg) (seconded by: Oktay) Vote Carried Okay aye, Karberg -aye, Golding aye, Stemauer-aye, Bemett-aye, Glowacki -aye 3. Allison Moore Beadles R.T. — 7 Chase Lane (20 -76) SE48- 2657 Sitting Steireauer, Oktay, Karberg, Bemett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion (7:14) None Public None Staff Need to add condition 21: pool to be discharged to areas outside jutisdictim. Motion Motion to Issue as amended. (made by: Golding) (seconded by: Karberg) Vote Carried Okay -aye, Karberg -aye, Golding aye, Steinauer -aye, Bennett-aye, Glowadri -aye Pa.e R of In Minutes t6r April 2, 2014, adopted May 28. 2014 4. *Land Bank — 260 Milestone Road (72 -48) SE48 -2656 Sitting Steinauee, Oktay, Bemett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans. Representative None Discussion Golding _ Being pail of the watershed, asked if that could be an issue. Glowacld — There is no management included in this application. It is auto watering. Golding— Concem was expressed about the lack of a project initiative about watering to regards to proximity of the wetlands. Public None Staff Even though fertilizers haven't been applied for, fertilizers would have to be applied in accordance with the Board of Health regulations. In the protocol, a provision is included for sensors to monitor the dampness of upper four inches. Will add monitoring and reporting and that if the culvert is damaged during construction it needs to be replaced in kind. 5. "12 Oak Hollow N.T. —12 Oak Hollow lane (56 -128 portion) NAN -115 Sitting Steinane; Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Straight forward. 6. 'Mackenzie & Hughes, Trustees — 4 Swain Sneer (42.4.1 -82.3) SE48 -2658 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion Golding — feels the option should be allowed to put the shed in either location. Discussion about ecological impact of the removal of the scrub cedar het. Public None Staff Suggested a waiver for no adverse impact for both locations. Will draft a positive order. 7. "Kender —191 Eel Point Road (33 -19.1) SE48 -2659 Sitting Stemmer, Oktay, Karberg, Behmeh, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Will draft a positive order. S. *Andrews —190 Madaket Road (38 -8) SEAR -_ Sitting Steinamr, Oklzy, Karberg, Bennett, Golding, Glowack-i Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Will draft a positive order. 9. Discussion of other closed Notice of Intent hearings rage y oh h o Minutes for April 2, 2U14, adopted May 28, 2014 E. Enforcement Actions 1. Town of Nantucket /SBPF- 85 -107A Baxter Road Sitting Swimmer, Oktay, Karberg, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans. Representative None Discussion (7:24) Golding —There have been numerous issues involved with this project. Feels that the commission needs to express concerns about the lack of level of continuity. Oktay — The pipe should come out but they should be allowed to cover the tubes as long as there is monitoring connected with the Piping Plovers. Glowscki — During the NOI hearing someone asked if they should stick around for this. Also there is an open notice in which these can be addressed. Steinauer — Keep the enforcement notice open while dealing with the NOI Public None Staff None F. Other Business 1. Reports: a. CPC, Golding— Special meeting called for Apri19. h. NP&EDC, Bemen -None c. Mosquito Control Committee, Oktay -None d. Coastal Management Plan, Oktay — Draft to be presented to BOS next meeting. e. Other 2. Commissioners Comment: a. Oktay — Osprey Way on Hummock Pond Road, there is some vegetative cutting behind 211 Hummock Pond Road down to the waters edge. Don't recall seeing that intense a removal. Bruce Petry — That is Bartlett land; Phil mows it every 3 or 4 years. It has come up before the board in the past. Staff— Will get in touch with the Bartletts. b. Steinauet — Out at Sachacha Pond there are stakes in the roadway. 3. Administrator /Staff Reports — Reminder Town Meeting is this Saturday April 5, at 9 a.m. Motion to Adjourn at 7:34 p.m. Submitted by: Terry L. Norton