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 -_
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Nantucket, Massachusetts 02554 �-
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www.nantucket -na a.Rov �-
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Wednesday, April 2, 2014 4:00 p.m.
I mining Room, 4 Fairgrounds Road �„ n
N
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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
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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
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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