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HomeMy WebLinkAbout2014-12-3Minutes for December 3 2014 adopted Dec. 17 CONSERVATION COMMISSION 7UC¢E�� CONSERVATION COMMISSION 4 N _ 2 Bathing Beach Road Nantucket, Massachusetts 02554 y��i9 op RAS� www.nantucket- ma.gov Wednesday, December 3, 2014 4:00 P.M. 4 Fairgrounds Road, Training Room Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice- chair), Andrew Bennett, Michael Glowacki, Barn Lafarge, Ashley Erisman, David LaFleur Called to order at 4:00 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator —a Attending Members: Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Absent Members: Glowacki Late Arrivals: None C- '­1 Earlier Departure: None Agenda adopted by unanimous consent r• i C10 C7 *Matter has not been heard a Y J L PUBLIC MEETING _ C7 A. Public Comment — None II. PUBLIC HEARING r c A. Notice of Intent ~ 1. Zaverucha — 45 Easton Street (42.4.1 -58) SE48 -2720 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative None Public None Discussion(4:01) None Staff This was waiting for the file number. Upon instruction, drafted a positive response. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 2. Burke — 37 Gardner Road (43 -85) SE48 -2718 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. David Humphries, LEC — Cross section shows no excavation into the bank and three transects for use with the monitoring program. Explained the monitoring program. Public None Discussion(4:02) Oktay — Wants them to keep an eye on the edges of the salt marsh. Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously 3. Roblin — 7 Alliance Lane (39 -24.2) SE48 -2717 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Were waiting on Massachusetts Natural Heritage recommendation; have that now. Public None Discussion(4:06) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Page 1of10 Minutes for December 3, 2014 adopted Dec. 17 4. Squam Partners LLC — 89 Squam Road (13 -3) SE48 -2719 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Elevated Fibergrate® walkway with helical anchors to access the beach across a vegetated wetland; this is a water dependent use. Reviewed a supplemental letter addressing concerns previous expressed; letter was submitted into the file. The owner does not believe accessing the beach via the road is a reasonable alternative. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public Emily MacKinnon, Nantucket Land Council Discussion(4:08) Oktay — He owns two properties, one with access to the beach. Gasbarro — Feels forbidding the walkway would be to deny the client use of part of his property. Oktay — This is a private individual trying to cross two parts of his parcel: one parcel is on the road. The owner has access via an easement use on the abutting parcel. This is a want, not a need; she feels this is an unnecessary intrusion into a wetlands. MacKinnon — Nantucket Land Counsel has concerns about considering this a water dependent use; the way the regulations read, not all walkways are water dependent use. This intended use is to provide access to the eastern portion of the property, which the owner already has. Another aspect of the regulations states that projects which benefit from but do not require access to water are not water dependent use and cites recreational trails as an example. This walkway would not be eligible for a waiver under no adverse impact /no reasonable alternative because there is a reasonable alternative. There is also concern about setting precedent and the ultimate impact of an increased number of walkways across wetlands. Steinauer — Most walkways approved were over coastal saltmarshes for access to the ocean or where existing trails were going through the marshes and causing damage. Reade — This walkway is preferable over the owner crossing the wetlands on foot. Gasbarro — This is a coastal situation in that it provides access to the beach from the other side of the property. Asked for a continuance in order to respond to comments. Oktay — This is one parcel owned by one person which does have access to the beach, just not from every part of the property. Gasbarro — Asked for 2 -week continuance. Staff It is important remember if this is determined to be water dependent use the only performance standard not applicable here is the 25 -foot setback. Motion Continued to December 17 without objection. Vote N/A 5. Murdoch - 73 Pocomo Road (15 -8) SE48 -2716 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Submitted a revised plan showing the profile. Public None Discussion(4:35) None Staff Received Massachusetts Natural Heritage information of no take /no adverse impact. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously 6. *Merson — 71 Baxter Road (49 -26.1) SE48 -2721 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative None Public None Discussion(4:36) Steinauer — Suggested holding this to allow Mr. Merson time to arrive. (6:30) Oktay - suggested a continuance. Staff Needs to be formally continued. Motion Continued to December 17 without objection. Vote N/A Page 2 of 10 Minutes for December 3, 2014 adopted Dec. 17 7. *Sabet — 77 & 79 Eel Point Road (32- 14&44) SE48- Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Involves demolition /move of a single - family dwelling with deck, within 25 -feet of the bluff. Lot lines have been reconfigured and now allow for proposed construction of single- family dwelling 250 -feet landward of eroding bank. New structures are outside of buffer for the coastal dune. The existing septic is within 50 -feet of the bank and will be removed and the footprint restored and stabilized. Also, will remove the existing gravel drive within 100 - feet of the bank. Installation of aluminum beach stairs is the last piece of the project. Asked for a continuance to December 17. Marianne Hanley, Reade, Gullicksen, Hanley, & Gifford LLP Don Bracken, Bracken Engineering, Inc. Public None Discussion(4-37) Steinauer — Suggest drafting positive work order Staff Do not have a file number. Motion Continued to December 17 without objection. Vote N/A 8. Duke 55, LLC - 55 Dukes Road Lot 17(56- 185.1) SE48- Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — For the removal of an existing single - family dwelling and construction of a new dwelling, patio, and pool all outside the 50 -foot buffer; the pool fence extends inside the 50 -foot buffer; so are asking for a waiver. As mitigation, will restore 414 square feet (SF) of grass areas within the buffer. Due to high ground water, the grade is being brought up 3 to 4 feet. Most of the dwelling is outside the 100 -foot buffer. There will be no excavation into groundwater; but don't have the 2 -foot separation. If dewatering is necessary will pump outside the 100 -foot buffer. The basement will be waterproof. As part of the waiver request, the owner will restore the 25 -foot buffer in its entirety to provide a long -term net benefit with native woody shrubs. The pool patio will be dry laid. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Don Bracken, Bracken Engineering, Inc. Public Emily MacKinnon, Nantucket Land Council — Asked if dewatering is being proposed. Discussion(4:43) Oktay — Asked if there were issues with the ability to absorb stormwater. Bracken — Fill will be clean sand and can put leaders into dry wells to prevent that. Madden — There is plenty of room for dry wells. Will install irrigation up to the 25 -foot buffer. Oktay — Concerned about irrigation between the 25 and 50 foot buffer zones and changing the grade. Discussion about the best vegetation to be used in the mitigation area to help control run -off. Madden — Explained where the dewatering would be. Asked for a two -week continuance. Staff Any water discharged from the pool must be outside the ConCom area of jurisdiction. Motion Continued to December 17 without objection. Vote N/A 9. Duke 57, LLC — 55 Dukes Road Lot 16 (56- 185.1) SE48- Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Construction of single - family dwelling, detached garage, and pool with patio outside the 50 -foot buffer; the entire lot is within the 100 -foot buffer. Resource area is a bordering vegetated wetlands. A portion of the dry-laid patio is within the 50- foot buffer; grade will be raised about 4 feet with a 3 -1 side slope around the pool patio. A small portion of the pool fence extends into the 50 -foot buffer. Again no excavation into groundwater and the foundation will be waterproofed. Any dewatering will use a dirt bag east of the garage. Don't have the 50% naturally vegetated areas between buffers; are proposing to re- vegetate 1700 SF of wetlands. Can look at putting in dry wells at the farthest reaches away from the wetlands. Request continuance. Don Bracken, Bracken Engineering, Inc. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP David M. Haines, Haines Hydrogeologic Consulting — There are two wetland flags; there is very high water in there and a lot of standing water in the area of the flags. Public None Discussion(4:54) Bennett — Irrigation where there is standing water is a concern. Staff None Motion Continued to December 17 without objection. Vote N/A Page 3 of 10 Minutes for December 3, 2014, adopted Dec. 17 10. Duke 53, LLC — Sewer System Dukes Road SE48 - Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Installation of sewer main down the south side of Dukes Road, portions of which occur within the 100 -foot buffer zone to bordering vegetated wetlands and isolated vegetated wetland. All work is within an existing traveled way and disturbed footprint. Reviewed locations of the wetlands along Dukes Road. There is a portion of the main that will be within the 25 -foot buffer of a wetland; there is no alternative; proposing to put erosion control barriers on that north shoulder. Request continuance to December 17. Don Bracken, Bracken Engineering, Inc. — The pipe is a 2 -inch line buried 4 feet down; it is a low - pressure force main. There is an existing similar sewer line that starts around Tulip Lane. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion(5:04) None Staff This runs the entire length of Dukes Road Motion Continued to December 17 without objection. Vote N/A 11.42 Union St LLC — 42 Union Street (42.3.2 -28) SE48 -2725 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering, Inc. — Site of former Lewis Funeral Home; the whole lot is within Documentation the coastal flood zone. It has been divided into four lots. Propose to raise the 3 existing structures, Representative construct a new single - family dwelling on Lot A, and construct a common pervious driveway. Groundwater is high; no waiver is required because it isn't a freshwater wetland. Will need some dewatering; applying with Department of Public Works (DPW) to discharge into their catch basin. Public None Discussion(5:09) None Staff Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 12. Five & Nine Medouie Creek R.T - 5 & 9 Medouie Creek Road (20- 5 &4) SE48- (cont 12/17) 13. Town & County of Nantucket — Baxter Road btw 87 & 106 Baxter Road (Baxter Road Layout) SE48 - Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Within the buffer to a coastal bank and vegetated wetlands; work is to install 3 stormwater drainage systems consisting of catch basins, infiltration trench, and infiltration wells. All work is within the existing roadway. Some asphalt berming was installed along the eastern edge of part of the road and that will be extended with earthen berming added. Runoff water currently carries sediment into the wetlands; this would allow settling of that sediment and separate other particulates carried by stormwater runoff. Kara Buzanoski, Director DPW Mark X. Haley, Senior Vice President Haley & Aldrich — Explained how the water flows toward the ocean and breaks out in the middle of the coastal bank causing erosion; this project will cause the water to flow toward the ocean but come out below the banks. Public Dirck Van Lieu Emily MacKinnon, Nantucket Land Council Dirk Roggeveen, for Quidnet -Squam Homeowners Association Steven Cohen, Cohen & Cohen Law PC for'Sconset Beach Preservation Fund D. Ann Atherton Discussion (5:13) Erisman — Asked if plants will be incorporated in this to help mitigate some of the water running into the wetlands. Haley — On that side of the road, the land goes way up. Oktay — Asked if there is a change in ground water elevation on both sides of the road. Haley — Explained where he did borings which all showed the same formation. Discussion about the location of private wells and how run -off infiltrates those wells. Haley — Ground water is at beach level; that is how deep the wells will go. Steinauer — Asked how this will affect water flow. Haley — Explained the infiltration system. Will monitor the wetlands to ensure it is getting enough water; if they aren't, a well can be cut out. Lafarge — Asked if there will be a pilot project to ensure it works. Page 4 of 10 Minutes for December 3, 2014, adopted Dec. 17 Haley — They will drill a well and pump water into it then measure the rate at which the water flows out. This test could change the number of wells but not the design. Steinauer — This could be conditioned to allow one boring then based upon test results the number of wells. Van Lieu — Asked how the water would get from one side of the road to the other. Haley — Explained. Van Lieu — The permeable layer seems to change Haley — The impermeable level is the same. MacKinnon — Nantucket Land Counsel is concerned about the amount of water being retained by the wetlands. Would like to come up with a determination of exactly how much road water enters the wetlands and how much water this project would prevent from entering the wetlands. Haley — There should be a condition that the wetlands are monitored. Roggeveen — The commission would want to have information on the number and location of private wells; which might provide infiltration information. The Town has represented this road would be abandoned; wonders if that makes a difference in this project. Also as part of the emergency plan if the bank erodes, the road would be moved; would this prevent that move. Buzanoski — If the drains aren't installed, Baxter Road would have to move sooner rather than later. Cohen —The Town never said it would abandon Baxter Road; if the road needs to be closed, the Town would put in alternative access. MacKinnon — Asked for clarification on the extension of the asphalt berm. Oktay — Asked about the depth of the three components. Gasbarro — The system is designed to handle vehicle loading so the road could be relocated over the system. Reviewed the dimensions of the components. Oktay — Asked what would be done in the event a well fails. Haley — He has a well- screen design and the well would be flushed out and redeveloped. MacKinnon — Because of all the recent rain, there was a lot of standing water near the road. Wondered when construction would take place and the affect on water in the wetlands and what mitigation would take place. Atherton — Expressed confusion: the Notice of Intent (NOI) is from the Town but the 'Sconset Beach Preservation Fund engineer and their attorney are in attendance. Asked what the relationship is. Buzanoski —The Town wants to extend the life of the road by installing drainage; but did not have the wherewithal to do it quickly and'Sconset Beach Preservation Fund does so hired Haley & Aldrich, who will assist with construction as well. Financing has not be determined. Atherton — Asked if the Town has gotten an independent assessment from a non - 'Sconset Beach Preservation Fund representative. Buzanoski — The Town Engineer has reviewed the plan. Atherton — Also wonders if all this work might weaken the area. Buzanoski — This is standard drainage installation. It will bring the water low enough so that it should make the situation more stable. Haley — His firm did a full analysis of the bank. This system is on the west side of the road away from the bank; the purpose is to move the water away from the bank. Atherton —The goal was to maintain and stabilize the toe of the bluff and "we" were told that the hard armoring at the toe would stabilize it. There was no discussion about drainage; the bluff continues to erode from the water runoff. If you all knew this was going to affect the bluff, why all this drainage wasn't part of the emergency certification last year? Buzanoski — Triage, stabilizing the toe of the bank was the most urgent problem; now that is stabilized, it is time to take care of the rest. Atherton — The water line and sewer line are on the west side of the road and that the water line was installing a new water line. So all this is on the west side of the road within the 20 -foot layout. Buzanoski — Water company stepped back from the installation of the new water line. The road layout is 60 feet total with 20 feet give or take on either side. Gasbarro — Stated he met with both the director of the water company and the Town Engineer in the preliminary stages of this. Oktay — She would like the Town Engineer report included in the file or a letter /email that he is okay with the design. Gasbarro — Asked for a continuance to December 17. Staff Could include a condition stating that the number of wells does not exceed 12; they would have to come back. Motion Continued to December 17 without objection. Vote N/A Page 5 of 10 Minutes for December 3, 2014 adopted Dec. 17 14. Lauretta Lane N.T — 3 & 5 Lauretta Lane (14 -90 & 53) SE48 - Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Resource areas are vegetated wetlands and land subject to coastal storm flowage. No work proposed within 25 -feet of the wetlands. Waiting for finalization of the Massachusetts Natural Heritage review. He will add the silt fence to the plan. The proposal to clear cut will be selective then reseed with a Cape -Cod mix. There is no landscape or re- vegetation plan at this time. Requested a continuance to the next meeting. Public None Discussion(5:58) Oktay — Asked for the square footage of the area being cleared. Staff There is a lot of scrub growth in that area. Motion Continued to December 17 without objection. Vote N/A 15. Hegenbart — 6 Walsh Street (42.4.1 -84) SE48 -2724 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — The entire site is within land subject to coastal storm flowage and a vegetated wetland. Proposing to move a small structure away from wetlands and put on crawl -space foundation above the flood zone. Plants are shown on plans. Main house work is to elevate the rear deck. An existing fence will be rebuilt and moved to the property line. The wetland boundary comes into the lawn; submitted a 1971 aerial showing that the lawn configuration of property has never changed; the owner wants to maintain that area of mowing. Have requested a waiver for work within 25- and 50 -foot buffers. Public None Discussion(6:06) Oktay — It looks like the fence is going into the wetlands; it would cut off that area and this Board doesn't normally permit structures in the wetland. Would prefer native vegetation. Gasbarro — He would have to ask the owner what alternatives would be acceptable. Requested a continuance to get that answer. Staff None Motion Continued to December 17 without objection. Vote N/A 16. Lenhart - 25 Dukes Road (41- 530.3) SE48 -2723 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Reviewed resource areas along Dukes Road. Work is to relocate an existing structure to the northern end and build new structure; all work is outside 50 -foot buffer. This property is served by on -site wells and Town sewer. Have added a siltation fence outside the 25 -foot buffer. Asked for a waiver due to proximity to ground water for no adverse impact /no reasonable alternative. The plans show a temporary dewatering area outside ConCom jurisdiction. Public None Discussion(6:14) None Staff There is no information need that would be substantive. Everything can be conditioned. Have everything needed to close. Motion Motion to Close. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously Page 6of10 Minutes for December 3 2014, adopted Dec. 17 17. Native Breeze, LLC — 4 North Beach Street (42.4.1 -114) SE48 -2722 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Resource areas include: land subject to coastal storm flowage; at 69 Carried unanimously Easton Street there is a previously delineated wetland which was an enforcement issue a few years back Sitting and casts a buffer; at 67 Easton Street there is dispute about the existence of wetlands on the property. Recused Stated he is using that line and treating it as an assumed wetland and not asking for verification from the Documentation commission. Is asking the commission to review the project as if that were a delineated wetland. The Representative structure is partially within the 50 -foot assumed buffer; requesting approval for two small in -fill additions on crawl -space foundations and a wooden deck with steps outside the 50 -foot assumed buffer except for the bottom step. Will be reconfiguring the parking and seeding and loaming the abandoned area. Asking Public for two waivers: one for the step inside the 50 -foot assumed; the other for the crawl -space foundations within 2 feet of high ground water. Public None Discussion(6:20) Oktay — Would need a waiver to plant the hedge within the 25 -foot buffer. Staff The most impassible area of the contested wetland is shown on the island construction drainage area. The potential wetland boundary is a very conservative line, a maximum - compliance line. Have everything needed to close. Motion Motion to Close. (made by: Erisman) (seconded by: Bennett) Vote Carried unanimously 18. Land Bank /Lily Pond —17 & 19 North Liberty Street (42.4.3 - 1,48,47) SE48 -2649 "Withdrawal" Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative None Public None Discussion(6:29) None Staff None Motion Motion to Accept the withdrawal. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously III. PUBLIC MEETING A. Request for Determination of Applicability 1. Sichko — 78 Madaket Road (41- 462.6) Sitting Oktay (acting), Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — This property had a wetland delineation from 20 years ago; brush cutting to the then 25 -foot buffer has been maintained. Recently the line has been refreshed and moved upland in places. Asking the commission to confirm the extent of the resource area and allow continued maintenance of the existing lawn. Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Public None Discussion(6:30) Oktay — Wants a paragraph memorializing the history and why this is permitted in matching the original Discussion(6:36) Discussion about roof leader run off and how much of an issue it would actually be. Staff Recommend Positive 2 for isolated vegetated wetland and Negative 3 for work in the buffer. Motion Motion to Issue as a Positive 2 and Negative 3. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously Page 7 of 10 approval. Staff Recommend Positive 2A for the existence of the wetland and Negative 3 to allow continued mowing. Motion Motion to Issue as a Positive 2 and Negative 3 with caveat. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 2. Creek House Trust — 28 Medouie Creek Road (20 -1) Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — Construction of an addition on an existing house 75 feet from an isolated vegetated wetland, under local jurisdiction only. It is over an existing patio. Roof leaders will discharge into a French drain. All excess material will be removed from the site. Public None Discussion(6:36) Discussion about roof leader run off and how much of an issue it would actually be. Staff Recommend Positive 2 for isolated vegetated wetland and Negative 3 for work in the buffer. Motion Motion to Issue as a Positive 2 and Negative 3. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously Page 7 of 10 Minutes for December 3, 2014, adopted Dec. 17 3. Riolo — 5 Woodbury Lane (41 -553) Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative David M. Haines, Haines Hydrogeologic Consulting — The work is to remodel an existing garage, add a 2 -story addition, relocate the outdoor shower, and replace the propane tank. Wetland is at the rear of property. All work outside the 50 -foot buffer. Public None Discussion(6:41) None Staff Recommend Positive 2A for isolated vegetated wetland and Negative 3 for work in the buffer. Motion Motion to Issue as a Positive 2 and Negative 3. (made by: Oktay) (seconded by: LaFleur) Vote Carried unanimously B. Minor Modifications 1. Hurley — 5 Sandy Drive (29 - &4) SE48 -2703 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Recused None Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engineering, Inc. — Changing the proportions of the garage per HDC requirements. Increasing the width 6 feet towards the wetlands. Public None Discussion(6:43) None Staff Recommend that this qualifies as minor modification. Motion Motion to Issue. (made by: LaFleur) (seconded by: Bennett) Vote Carried unanimously C. Certificates of Compliance (6:47) 1. Shimmo Hills LLC -12 Middle Valley Road (43 -162) SE48 -2568 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff This is for a partial certificate of compliance; some lots transferred out and changed. Looking to close the older order while doing work under the new order. Discussion None Motion Motion to Issue the partial Certificate of Compliance. (made by: Oktay) (seconded by: LaFleur) Vote Carried unanimously 2. PFLP Realty — 4 Monomoy Road (55 -67) SE48 -2514 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff Site development project for construction of a single - family dwelling with lawn area. Retaining walls and land features came inside the 100 -foot buffer. All other work was outside ConCom jurisdiction. Discussion None Motion Motion to Issue. (made by: Lafarge) (seconded by: Bennett) Vote Carried unanimously 3. Shimmo Hills LLC — 5 North Road (formerly 10 North Road) (43 -312) SE48 -2609 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff This is for a partial certificate for the same reasons as for 12 Middle Valley Road; the property was transferred. Closing the open order for the entire property. Discussion None Motion Motion to Issue the partial Certificate of Compliance. (made by: Oktay) (seconded by: LaFleur) Vote Carried unanimously 4. Scaife — 9 Kimball Avenue (30 -31) SE48 -1015 Reissue Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff The Certificate of Compliance was never recorded. No on -going conditions Discussion None Motion Motion to Re- Issue. (made by: Bennett) (seconded by: Erisman) Vote Carried unanimously 5. Scaife — 9 Kimball Avenue (30 -31) SE48 -1074 6. Scaife — 9 Kimball Avenue (30 -31) SE48 -956 7. Scaife — 9 Kimball Avenue (30 -31) SE48 -1636 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff Construction of a deck and 2nd-story addition and dormers. The little deck in the corner matches the proposed plan correctly. The addition under SE48 -956 is also in compliance. SE48 -1636 was for beach stairs. All is in compliance Discussion None Motion Motion to Issue SE48 -1074, SE48 -956, and SE48 -1636. (made by: Oktay) (seconded by: Erisman) Vote Carried unanimously Page 8of10 Minutes for December 3 2014 adopted Dec. 17 8. Aquiar- 2 Duck Pond Road (55.1.4 -14.1) SE48 -2518 Reissue Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff None Discussion None Motion Motion to Reissue. (made by: Bennett) (seconded by: Lafarge) Vote Carried unanimously D. Orders of Condition 1. Gund — 3, 5, 7, 11, & 15 East Tristam Avenue (31 -9, 8, 7, 5, 15, & 12) SE48 -2692 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff This must be issued tonight. Need to add to Condition 23 a statement referencing what happens when recordings showing adverse impact and what constitutes adverse impact. Discussion(6:56) Oktay — There is nothing about loss of pedestrian access. (Leave as is.) Motion Motion to Issue as amended. (made by: Lafarge) (seconded by: LaFleur) Vote Carried 4- 1 / /Oktay opposed 2. Zaverucha aka Brant Point LLC — 45 Easton Street (42.4.1 -58) SE48 -2720 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff No waivers or conditions. Discussion(7:06) None Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Lafarge) Vote Carried unanimously 3. Burke — 37 Gardner Road (43 -85) SE48 -2718 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff Don't have to issue. Put together a positive order. Waivers were detailed. Just coir logs, no plantings. Discussion(7:08) Steinauer — Under Condition 23, survey is to have photos, add transect data and survey of salt marsh. Oktay — Noted a typographical error. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 4. Roblin — 7 Alliance Lane (39 -24.2) SE48 -2717 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff Removal of the wire fence is partially within the 25 -foot buffer so added a monitoring component to show the condition of that area and the waiver for its removal. Discussion(7:12) None Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Erisman) Vote Carried unanimously 5. Murdoch - 73 Pocomo Road (15 -8) SE48 -2716 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff Pretty standard Order of Conditions for stabilization of a coastal dune and sand -drift fencing. Discussion(7:14) Erisman — Noted a typographical error. Oktay — Condition 21, need to insert something similar to Condition 24. Motion Motion to Issue as amended. (made by: Bennett) (seconded by: LaFleur) Vote Carried unanimously 6. 42 Union St LLC — 42 Union Street (42.3.2 -28) SE48 -2725 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff No waivers; plans had light grading so added that it must be done in accordance with the plan of record. Discussion(7:16) None Motion Motion to Issue as drafted. (made by: Oktay) (seconded by: Erisman) Vote Carried unanimously 7. Lenhart- 25 Dukes Road (41- 530.3) SE48 -2723 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff Only condition is to memorialize the dewatering outside ConCom area of jurisdiction and added a request for waiver under no adverse impact /no reasonable alternative. Discussion(7:18) None Motion Motion to Issue as issued. (made by: Oktay) (seconded by: Lafarge) Vote Carried unanimously 8. Native Breeze, LLC — 4 North Beach Street (42.4.1 -114) SE48 -2722 Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff Found an error to be corrected. Discussion(7:20) None Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Bennett) Vote Carried unanimously Page 9 of 10 Minutes for December 3 2014 adopted Dec. 17 E. Emergency Certification Form 1. Frazza- 21 Sheep Pond Road (63 -19) Sitting Steinauer, Oktay, Bennett, Lafarge, Erisman, LaFleur Staff This came up just before Thanksgiving. The house was physically undermined and Toscana could do the work at that time. It was done. This is a ratification of that work. Spoke to Mr. Steinauer about issuing the permit, which expires December 18. They will be coming in with an NOI. Discussion(7:22) Steinauer — Decided it was better to act rather than end up with a house on the beach. Motion Motion to Issue the Emergency Certification form. (made by: Oktay) (seconded by: Bennett) Vote Carried unanimously F. Other Business 1. Monitoring Reports: hand out to be discussed at the next meeting. 2. Approval of Minutes: a. November 12, 2014 — Motion to Approve. (made by: Oktay) (seconded by: Bennett) Carried unanimously 3. Reports: a. CPC, Lafarge b. NP &EDC, Bennett c. Mosquito Control Committee, Oktay d. Harbor Plan, Oktay 4. Commissioners Comment - None 5. Administrator /Staff Reports - None Motion to Adjourn: 7:30 p.m. Submitted by: Terry L. Norton Page 10 of 10