HomeMy WebLinkAbout2014-4-30Muut" tar April 30, 2014, adopted May Z9, 2014
T CONSERVATION COMMISSION
2 Bathing Beach Road
Nantucket, Massachusetts 02554
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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.
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Agenda adopted by unanimous consent rn N
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`Matter has not been heard �; T
1. PUBLIC MEETING
A. Public Comment - None z N
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IL PUBLIC HEARING r
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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
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