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HomeMy WebLinkAbout2014-4-30Muut" tar April 30, 2014, adopted May Z9, 2014 T CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 wnvnv nantec4_et -ma v Wednesday, Aped 30, 2014 4:00 p.m. Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki; Bam LaFarge Called to order at 4:01 p.m. Staff at attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Mutes Taker Attending Members: Sminaueq Oktay ([emote participation), Karberg, Bennett, Golding, Glaackf�EaFarge Absent Members: None — Late Arrival: Oktay called in at 5 p.m. Early Departure: Oktay disconnect at 7:01 p.m.; Glowacki depart 8:11 p.m. ;T Agenda adopted by unanimous consent rn N n m `Matter has not been heard �; T 1. PUBLIC MEETING A. Public Comment - None z N cn N IL PUBLIC HEARING r S A. Notice of Inteut m 1. LaBombard — 62 W. Chest" Street (41 -373) SE48 -2625 (coat m 5/28) 2. Nantucket Islands Land Bank —17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3 - 1,48,47) SE48- 2649(cont to 5/14) 3. MASSDOT — 4 Goose Pond Lane (55 -407 & 415) SE48 -2660 Sitting Sternum, Karberg, Bennett, Golding, Glowacki, LaFarge Recased None Documentation Supporting documems and plans. Representative Mike Bums, Transportation Plana" Gene Crouch, Senior Environmental Scientist VI-IB Matthew Hayes, Senior Project Engine" VHB Kam Buzanoski, Director Department of Public Works (DPW) Public Emily MacKinnon, Nantucket Land Council Brace Perry, citizen Discussion (4:05) Crouch — Reviewed letter based on prior comments: Sheeting is 8 feet with 3 feet in the ground, no Pollutants in runoff and to shed away from [rail, recharge not an issue in a tidal area, The Department of Transportation (DOT) does not use porous pavement Explained that materials like phcagmites will be killed by repeated mowing and in -fill soil will be clean. A 40" safety fence is required. DOT will have resident engineer on site. DOT's position is they are not subject to local bylaws. Sheeting will be outside the wetland boundaries. Karberg — Concerned about lack of use of a porous paving material in the area of wetlands and fresh rainwater mnoff into the salt marsh during storm events. Sheeting will alter the tidal flow under the bank rather than through. Crouch — Most tidal movement is over the embankment or through the culvert. Sminauer — Wonders about the volume water running off. Hayes — The path is not crowned but sloped so the water runs away from the salt marsh. Golding — Asked about replacement of the culvert. Crouch — That is a separate project. Hayes —The opening in the sheeting will be 8 to 10 feet at the culvert. Discussion about local bylaws in regards to state projects and when they apply or don't apply to this project. MacKinnon — Brought up concern about hydrologic impact; provided information is helpful but them is still concern about whether or not this project will have an impact. The Town should get the information on the hydrologic flow through the culvert. Crouch —The hydrologic conditions on both sides of the berm is saturated, so ground water is at the surface; equalization of that is water moving through the culvert rather than the ground. Contends the sheeting would not affect ground -water movement. Perry — All the soil them is contaminated with invasive plants and something needs to be worked out that this soil doesn't go back into the system. A number of local organizations have worked out how to remove phmgmites to open up the view. A 40 -inch fence on top of a sheet wall will have an impact and an alternative should be addressed. The proposal is to cut down existing tars and replace with black oaks; not sue that nee is appropriate out there. Bylaw issue, MASSDOT is funding the project, but it is crossing the Page 1 of 9 Mntutes for April 30, 2014, adopted May 28, 2014 Page 2 of 9 Town of Nantucket land and the Town hasnt voted to be exempt from local laws; until the owner takes that step, the commission should enforce the bylaws. Laferge —Asked about the material of the existing culverts and how long they might last before they collapse. Buaanosld —Asked to have the culverts replaced with the bike path but that was declined; they will be replaced with the Consue Springs project. Hayes — Normally, a 3 -rail fence is constructed along such projects; but they are allowing a 2 -rail fence along this project. Perry —The public hasn't had time to read material and comments; is against closing for that reason. Crouch — Would like to dose and will talk about the waiver. Edie Ray —Asked about the American Bittern sums, whether or not it is endangered; it has been seen regularly in that marsh. Crouch —Asked for a continuance Staff The state is exempt from the bylaws that cause than to deviate from its basic government function. As long as standards don't interfere, the bylaws still apply. The waiver would be no adverse impact /no reasonable alternative. The work area is outside the actual resource area but within the 50' -100' buffer. For example, asking to eliminate the fence would have a greater than negligible effect on the project. It is a good idea to keep open for review and allow time for applicant to put together waives. Haven't heard from Massachusetts Natural Heritage. Motion Continued to May 14 without objection. Vote N/A 4. Andrews — 190 Madaket Road (38-8) SE48-2661 Sitting Slimmer, Karberg, Bennett, Golding, Glowacki, LaFarge Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. Public None Discussion (4:47) Gasbarro — Have received Massachusetts Natural Heritage signoff. Staff Have everything needed to dose. Motion Motion to Close. (made by. Glowacki) (seconded by. Karberg) Vote Carried m ardmoudy 5. 'Weed Realty Trust — 41 Almanac Pond Road (46 -11.2) SE48 -2662 Sitting Strinauer, Bemett, Golding, Glowacki, LaFarge Accused Karberg Documentation Supporting documents and plans. Representative Arthur Reads, grade, GuIlicksen, Hanley, Gifford & Cohen LLP Arthur D. Gasbarm, Blackwell and Associates Inc. Public None Discussion (4:48) Gusbarro — Have a new set of plans that will be left leave with the commission. There are two lot. The proposal is to bring in utilities, establish a gravel drive and establish a budding envelope. There is no structure design at this time. Two parcels of 11 acres with an easement access to Lot 22 across Lot 21. Massachusetts Natural Heritage wants to review the building envelopes. Explained the driveway and utility conduits. Much of the building envelope on Lot 22 is beyond ConCom jurisdiction. Have requested a waiver no adverse impact /no reasonable alternative. Explained the no reasonable ithemative. Addressed issues with groundwater and placement of utilities. Asking for a continuance. Steinauer — Asked if further plant surveys would be conducted along the route of the driveway. Gasbazro — Not unless required by Massachusetts Natural Heritage. Will include that as a supplemental response. Staff None Motion Continued to May 14 without objection. Vote N/A 6. Town of Nmmcket /SBPF — 85 -107A Baxter Road SEA8-2610 (geo -robe structure) Sitting Steinauer, Okty, Karberg, Bennett, Golding, Glowacki Recused LaFarge Documentation Supporting documents and plans. Representative Katy Bmamoski, Dit DPW Steven Cohen, Reade, Gullicksers Hanley, Gifford & Cohen LLP Matte Hammett, Applied Coastal Jamie Feeley, Cottage and Castle Construction Page 2 of 9 public Discussion (5:00) ilhnutes toe April 30, 2014, adopted May 28, 2014 Dirk Roggeveen, Quidnet /Squam Association Edith Ray, 60 Miacomet Avenue Duck Van Lieu, Kendrick Street D. Anne Atherton, 48 Squam Road Emily MacKinnon, Nantucket Land Comical Mary Wawro, 3 Eat Fire Spring Road Buzanosld — Introduced Ms Hartnett There is no fourth geotube. Seeking approval for the 3- geotubes, the returns, planting plan, and what's been installed Hammett —Not much new, has an updated as -built Reviewed slides: design height reflects 100 -year storm surge up to elevation 14; planting plan; failure criteria based on maintenance, monitoring and mitigation requirements. Oktay — Would like to add two failure criteria: monitoring beach elevation in front of the geotube and loss of a walkable beach. Creeping jumper is a concern and use of the beach grass on the bluff. Hartnett — Can eliminate the creeping jumper. The bank is a little shallower now and feel beach grass is appropriate for use on this site. We are monitoring the beach; expecting the beach to perform as it does at 79 Baxter. Continued shdes: temporary nature of the project, 3 -year order of conditions that might be replaced by an expanded project; constructive initiative including records to be filled with drive sand; updated as -built plan with new bank and shore contours; shoreline monitoring program protocol; sand nourishment program including data from March storm; public access; and regulatory compliance. Steinauer — Instead of fertilizing beach grass, suggested alternatives Glowacld — The fertilizer recommendation is from US Department of Agriculture. All their planting protocols call for the fertilizer. Feels it would be hard to make an objection on environmental grounds because it is a one -time use. Sminauer — Have allowed fertilizer use on the north shore. Karberg— Clatification on the planting, is it to fill the ells. Hartnett — Yes. Feeley — There are a couple of areas that will need the plantings. Golding — That contradicts what was said before where the sand would cover everything. Buzanoski — Don't want to Ell the bluff, the intent is to make capable of holding plantings. Oktay —The trenches at the ends are filling from the bottom, asked if that water has been tested for whether it is salt or fresh. Feeley —All that water is salt water; it is at elevation 3. Oktay — Asked for clarification of the placement of the scour apron underneath all three rubes. Feeley — It is under all three robes and below and behind the first two tiers. Oktay —Asked if any sand would be pushed down to the beach from the top of the structure in smaller storms. Feeley — There is sand on the 2"1 tier available to slide down during smaller storms. Hartnett — There are plans to reshape the template periodically. That is not counted toward the mitigation. Stefnauer —The 22 cubic yards (CY) is the sacrificial sand, not the sand used to cover the robes. Hartnett — The 22 CY is available. A years worth of sand is sitting out there. In the most recent storm the project gave up 2linear feet where as unprotected bluff didn't give up anything. Oktay — Wants to ensure sand is being provided to the littoral zone at times other than Nor easters. The drainage pipe, gravel, and infiltration pipe is being capped off. Wants those removed. Steimmer— That will be discussed in the wrap up. Oktay — Monitoring, wonders if it's prudent to have removed all those transects; drinks they should be replaced. Hartnett — If she were going to design a monitoring program, she would set up a grid and that she has teed to do here. The only ones removed were transects from previous projects that were very close to those she placed. Further explained her placement of uansects. Oktay — The whole idea of the limited project there was a problem with the emergency certification in that ConCom's definition is different than the DEP. Asked Mr. Carlson to speak to that. Carlson —The applicant has filed a new second page stating they are no longer applying for the limited project as defined by the DEP. They were allowed to abate the emergency. We are now reviewing the project under the full scope of the state and local bylaws. This NOI is at the point where the board has to analyze the project based upon compliance with the performance standards. Oktay— Concerned about monitoring under the water, it was stated that it will be done in the Fall out to 3000 feet. Concerned about the habitat covered over with sand and at what level it will be done. Hartnett — That has been done an with historical data, change can be identified. Golding —Asked if the underwater protocol is following the protocols of 2007. Carlson — It is viewing the topography. 2007 nourishment project photos am available. Hartnett — Typically it has been symmetry and that is the proposal. Golding — The mitigation sand is nothing like what is coming out of the bluff. Hartnett — The sand is based upon and analysis. Page 3 of 9 bhnutes for April 30, 2014, adopted May 28, 2014 Karberg — The concern is about the impact of unconsolidated sand. The sand in the bluff is consolidated; the sand on the structure is unconsolidated. Discussion about the mitigation sand. Okay — Proposal suggests an additional 1 CY will be placed at the toe within several 100 feet of the end. Hartnett — That is an option for the commission. The template will be available. Cohen — There is space on the ends for wiggle room. Hartnett— Suggested keeping the template as proposed; if issues arise, file an amendment to adjust that Discussion about the template volume and whether or not it should be reduced or how it should be handled so as not to damage the existing beach. Include in the conditions that as reports are reviewed, discussion will take place about the results. Stemaver — The shorebird monitoring protocols are weak; asked if Massachusetts Natural Heritage approved those protocols. Thinks the dates should be expanded. f.'arl8nn — No, this is outside Massachusetts Natural Heritage purview. Harnett — Put in provisions for an escort when access to the beach is required. Roggeveen — Previously raised the issue of obtaining an independent review, of this project. Carlson — Have prepared a scope -of- service for geo- technical review by a coastal engineer and an engineering review. Roggeveea —An environmenW review is lacking. This project is very large and complex and feels that it require such a review. The EC was granted based upon representation that the project is temporary to secure the road mail public access could be obtained. That has been morphed into something totally different. It has become a permanent project that on its face doesn't meet the performance standards. There is no provision to armor a coastal bank to protect the road, only pre -1978 houses. Tbis has also been Emaciated as protecting not only houses on the seaward side of Baxter Road but also the houses on the other side of the Basler Road; those houses are outside of ConCom juusdiction. There is a waiver request that states "any other waiver the commission deems appropriate," It must be specified. Regulation 2.053 states you can't do anything that interferes with a sediment source. Concerned about the run -up computations; numbers show the beach level at 8 feet and the 100 -year wave ran up at 24 feet Failure analysis Wks about impact on Quldnet or Squam by looking at erosion of the adjacent beach; there is no data to support that. Quidnet /Squaw appreciates the addition of monitoring points in the area. Ray — Concerned about the portion of the document that refers to beach access and Piping Plovers. Don't believe the amount and timeliness of monitoring of the plovers is in compliance with state guidelines; that needs to be rewritten. Concerned about security of the Hoicks Hollow gate, which is being used for access. Described the present security and how it has been breached in the past. Nowhere in the document does it mention the security and who the gate keeper will be. The applicant needs to additionally consult the federal guidelines in regards to the Piping Plovers. Buaanoski — Stated they will commit to reading the federal guidelines. Ray — The Massachusetts July 1•' deadline is not a drop -dead dare; birds can be hatching well past that date. Van Lien — Would like the failure criteria to included continued erosion from the top of the bluff. Hoes the commission obtains a definition of "toil failure of the bluff." The rendering of the returns shows them going uadeareath the 2° tie of tubes; asked if that will require excavation under those tubes. Given the continued erosion of the bluff, asked how the emergency has been abated; it seems it is eroding at the same rate as prior in and during the construction. With the planting and netting and space allowed for the swallows, asked how will the top be protected from top -down erosion. Atherton — The refirming of the project from an emergency to an interim is confusing. Original submission states, — femporsay stabilization of Baster Road." A schematic was included with notes that state that it is a temporary stabilization. That is what was approved as an EC; now it is being presented as an interim for a permanent structure. The trigger now seems to be a new larger structure or failure of the bluff and no mention was made of the alternative access. Expressed frustration with this change in the intent of the project. MacKinnon — Submitted requests for additional regulatory compliance. Not satisfied with the waivers as requested in regards to the performance standards; explained why NLC feels the waivers are not applicable in this case. There are other areas of the regulations that make this project not pemtitable. Glowaeki —This raises the efficacy of substantial improvements of pre -1978 houses. Cohen — Looking at the chain of events, there has been no change in the intent of this project. This could be applied for a permanent geo -mbe; but that is not the case. The intent is to come back with another larger more permanent project. This is NOI is for a 3 -year temporary certificate. The Emergency Certification application addressed the road issue. Believe that this NOI does comply with state and local bylaws. Asked for a continuance. Wawao — Not under coasidemtion is the MOI or another NOI that was put in abeyance; only under consideration is what is in front of the board. What is confusing about this NOI is that other stuff that keeps being put into it. Commissioners discuss what they are finding confusing about this NOI. Golding— Suggested the board to seek Town Counsel advice about whether or not there should be a new NOI. Pace 4 of 9 bhnutes tot April 30, 2014, adopted May 28, 2014 rage not 9 Oktay — Need an external review by a coastal geologist who would look at ConCom concerns. She still has concerns about the failure criteria. Discussion about how to proceed — whether to continue with this NOI or to seek TC advice about a new filing. Discussion about whether or not to seek someone to perform an independent review, concern that contracting that person could be very time consuming. Steinauet— In July, the board could potentially lose two commissioners. Feels this NOI needs to be resolved before then. Discussion about whether or not to hold a special hearing. Staff The design that is under review is the 900 feet, the returns, and the nourishment that goes with it. The life and duration of the project is up to the commission. Will get in touch with Town Counsel about whether or not a NOI needs to be subntitted. Motion Continued to May 14 without objection. Vote N/A 7. *Madigan — 223 Medaket Road (59041) SE48 -2663 Sitting Strimmer, Karberg, Been etq Golding, Glowacki, LaFatge Recused None Docomentation Supporting documents and plans. Representative Paul Santos, Nantucket Surveyors David M. Haines, Haines Hydrogeologic Consulting Bruce Perry, Laummide Environmental, LLC Public Emily MacKinnon, Nantucket Land Council Discussion (1:w) Santos — At the time the home was constructed no wetlands were delineated on the property. An isolated wetland is flagged at the back of the property. Proposing an addition along the west side outside the 25- foot setback. Requested waivers for the work within the 50 -foot setback. Have a report from LEC in regards to the application; reviewed their recommendations. Stsinauer — Asked about the soil and vegetation. Haines — Explained the vegetation and drainage of the wetlands. MaeKinnou —Asks that the waiver be carefully considered; it is a matter of whether or not there is a reasonable alternative and the possible impacts. Perry — Reviewed the inspection report and moving the addition away from the wetlands. Santos — Thinks the waivers are justified. Review of the architectural plans to determine why the addition can't be moved farther away from the wetlands. Ramberg— Is concerned about the possible impact to the hydrology due to renuff. Haines — Does not think the runoff would go toward the wetlands due to the slope of land. Staff When reviewing against the performance standards, applicant has to demonstrate no adverse impact /no reasonable alternative. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously 8. *Kathy Gallagher Rev. Trust — 2 Hum Beam Road (21- 118.5) SE48 -2667 Sitting Steinaueq Bennett, Golding, Glowacki, LaFatge Recused Karberg Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering Public None Discussion (!:u) Bracken — Additions within 50 foot buffer. Forgot to submit a waiver for groundwater separation and NRA. Septic is within the 100 -foot buffer. Requested a continuance. Staff Need to hear from Massachusetts Nattiest Heritage. Motion Continued to May 14 without objection. Vote N/A 9. *Halle & Lamm — 24 Pilgrim Road (41- 94,832,823) SE48 -2666 Sitting Steinaueq Karberg, Bennett, Golding, Glowadti, LaFatge Recused None Documentation Supporting documents and plans. Representative Arthur Reade, Resale, Gullicleam, Hanley, Gifford & Cohen LLP Speaker did not identify himself. Public None Discussion (1:28) Review of the project. Staff Have everything needed to close. Motion Motion to Close. (made by. Glowacki) (seconded by: Karberg) Vote Carried unanimously rage not 9 Minutes for April 30, 2014, adopted Mav 2n, 2014 10. *Dobies — 22 Brant Point Road (29 -157) SE48 -2668 Sitting Steinauer, Karberg, Bennett, Golding, Glowscki, LaFarge Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion (:33) Haines — Garage outside the 50 -foot buffer. Waiver for temporary dewatering during construction. Staff Have everything needed to dose. Motion Motion to Close. (made by: Bennett) (seconded by: Kmberg) Vote Carried tmanirnously 11. *Gifford — 22, 24, & 26 Rabbit Run Road (43 -180; 28 -8 & 9) SE48 -2664 Sitting Steinauer, Bennett, Golding, Glowscki, LaFarge Recused Kuberg Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion (1:35) Haines — Waiting to hear from Massachusetts Named Heritage. This is 3 properties under common ownership. Have an NOI for one lot for a new house. New house on lot 24, driveway for lot 22 and driveway for 24, 26, & 30. All work outside 25 -foot buffer and structures outside the 50 Suet buffer. Requested a continuance. Staff None Motion Continued to May 14 without objection. Vote N/A 12. *Monomoy Creek R.T. —12 Monomoy Creek Road (5454.1) SE48 -2665 Sitting Stemmer, Bennett, Golding, Glcwacki, LaFarge Reined Karbcrg Documentation Supporting documents and plans. Representative Arthur D. Gasbaro, Blackwell and Associates Inc. Public None Discussion (7:38) Gaabarro — Request continuance to hear from Massachusetts Natural Heritage. Staff None Motion Continued to May 14 without objection. Vote N/A III. PUBLIC MEETING A. Requests for Determination of Applicability 1. *MaKechnie — 2 Noreantum Ave. (87 -5) Sitting Steimmeq Okay, Karberg, Bennett, Golding, Glowacki, LaFarge Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering Public None Discussion (1:39) Bracken — site prep work for a single family dwelling outside the 100 -foot but a pool, patio and grading inside. Karberg— asked if the pool can be outside the 100 -foot buffer. Bracken — Due to other elements, no. Staff Recommend it can be issued as a Negative 3. Motion Motion to Issue as Negative 3. (made by: Glowacki) (seconded by: Karberg) Vote Carried maramentely 2. *Gaerett N.T. —10 Mo annoy Creek Road (54 -54.2) Sitting Steinaus r, Oktag Karberg, Bennett, Golding, Glowacki, LaFarge Rectsed None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. Public Better Perry, Third -party Consultant Conservation Commission Discussion (7:42) Gasbarto — Confirm wetland resource bordering vegetated wetlands boundary. No work proposed. Land subject to coastal storm flowage, coastal bank by 92 -2 policy. Perry — Verified the boundaries. Staff Recommend issue as a Positive 2A to confirm resource. Motion Motion to Issue as Positive 2A. (made by. Glowadti) (seconded by. Bennett) Vote Carried unammously Page 6 of 9 Mmutes for Apnl3U, 2014, adopted May 28, ZU14 3. *Grove Lane R.T. — 24 Grove Lane (41439) Sitting Steimmer, Oktay, Karberg, Bennett, Golding, Glowacki, LaFarge Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering Public None Discussion (7:U) Bmekea— Resource area determination bordering vegetated wetlands Staff Recommend issue as a Positive 2A to confum resource. Motion Motion to Issue as a Positive 2A. (made by: Karberg) (seconded by: Gloneadd) Vote Carried mauimously, 4. *Davis — 16 & 19 Massachusetts Ave. (60.3.1 - 313&326) Sitting Steinaueq Kmbc%Bennett, Golding, Glowacki, LaFarge Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering Public None Discussion (7:45) Bracken — Septic upgrade. Work within 100 -foot buffer of coastal done. Rest of work is outside but falls within land subject to coastal storm flowage. Staff This flood zone is not continual; this qualifies as an RDA. Recommend issue as a Negative 3. Motion Motion m Issue as Negative 3. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously B. Minor Modifications 1. *Hoffman — 7 & 9 Grant Ave. (30 -142) SE48 -2632 Sitting Steinauer, Karberg, Bennett, Golding, Glc wacki, LaFarge Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (7:48) Staff— Finalizes the landscape plan by removing the retaining wall and filling in. asking to install a 12 -foot wide imbedded boulder engineered with a gravel base. It is outside the 50 -foot buffer and is in keeping with the grading. Staff This qualifies. Motion Motion m Issue. (made by: Glowacki) (seconded by. Bennett) Vote Carried unanimously C. Certificates of Compliance 1. +DeBiasio — 39 Meadow View Drive (56 -133) SE48 -2392 Sitting Stemauer, Karberg, Bemett, Golding, Glcosou: , LaFarge Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (7:51) Staff— For construction of a secondary dwelling in buffer to wedand. Staff This is in compliance. Motion Motion to Issue. (made by: GImeack) (seconded by: Bennett) Vote Carved madvnously 2. *Henry — 61 Squam Road (13 -I6) SE48 -1960; NAN -045 Sitting Steinaver, Kazberg, Bennett, Golding, Glmeacki, LaFarge Recused None Documentation Supporting documents and plans. Representative None Public None Discussion (7:31) None Staff This is to compliance. Motion Motion m Issue. (made by: Bennett) (seconded by: Karberg) Vote Carried unanimously Page 749 Minutes for April 30, 2014, adopted May 28, 21.114 D. Orders of Conditions (lf the public hearing is closed — for discussion and /or issuance) (7, 4) L Andrews —190 Madaket Road (38 -8) SE4e -2661 Sitting Steimue; Karberg, Bennett, Golding, Glowacki, LaFarge Recused None Documentation Supporting documents and plans. Discussion None Staff No waivers required. Straight forward. Motion Motion to Issue as drafted. (made by: Bemett) (seconded by: Karberg) Vote Canard unanimously 2. *Madigan — 223 Madaket Road (59 -41) SE48 -2663 Sitting Steinaueq Karberg, Bennett, Golding, Glowadd, LaFarge Recused None Documentation Supporting documents and plans. Discussion Karberg— Not a fan of building within the 50 -foot but dolt see much impact. Staff Don't have to issue. Construction of garage partially within 50 -foot setback. Motion Motion to Issue as drafted. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 3. *Halle & Lamm — 24 Pilgrim Road (41- 94,832,823) SE48 -2666 Sitting Steinauer, Karberg, Bemett, Golding, Glowadd, LaFarge Recused None Documentation Supporting documents and plans. Discussion Golding n- Asked if normal provisions need to made about the pool Staff No waivers required. Will add Condition 20 about emptying the pool outside the resource area. Motion Motion to Issue as amended. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously 4. *Dobies — 22 Brent Point Road (29 -157) SE48 -2668 Sitting Steinaust, Karberg, Bennett, Golding, Glowr i, LaFarge Recused None Documentation Supporting documents and plans. Discussion None Staff Garage studio, requested waiver from groundwater separation. Will add the waiver request. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: Karbug) Vote Carried unanimously 5. *Weed Realty Trost — 41 Almanac Pond Road (46 -11.2) SE48 -2662 (continued) 6. *Kathy Gallagher Rev. Trust — 2 Horn Beam Road (21- 118.5) SE48 -2667 (continued) 7. *Gifford — 22, 24, & 26 Rabbit Run Road (43 -180; 28 -8 & 9) SE48 -2664 (continued) 8. *Monomoy, Creek R.T. — 12 Monotony Creek Road (5454.1) SE48 -2665 (continued) 9. Discussion of .thu dosed Notice of f utent hearings E. Extension Requests —N14M Realty Trost -77 Easton Street Sitting Swinauer, Karberg, Bemett, Golding, Glowadd, LaFarge Recused None Documentation Supporting documents and plans. Discussion (8:09) None Staff After doing their minor modification approved last meeting, they realized that the permit expires this year. After reviewing the situation, suggest a 1 -year extension to complete the back walkway portion. They can ask for 1 -year extensions two more times. Motion Motion to Gmn[ a one -year extension. (made by: Glowacki) (seconded by: Bennett) Vote Carried unanimously F. Enforcement Actions 1. 4 Coskata Course Way — Constructed a drift fence with at least one sand - filled coin log without a permit. Discussion about how to move forward and setting a fine. Issuance of the Enforcement Order to cease and desist and appear before the commission approved by unanimous consent. 2. 33 or 35 Meadow View Drive — Brush cut grass path down to the pond without permit. Issuance of the Enforcement Order to appear before the commission approved by unanimous consent. 3. Maxey Pond Land Bank Property — Extra cutting and expansion of areas within ConCom jurisdiction without permit. Issuance of the Enforcement Order to appear before the commission approved by unanimous consent. Fage 6 of 9 Pe,e9of9