HomeMy WebLinkAbout1988-05-12
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
AGENDA FOR MAY 12, 1988
A. PUBLIC HEARINGS
1. J. & J. Cochran ET AL - SE~8-i!~2 - 5i!-56 No. Beach
2. J. Seward Johnson, Jr. - SE~8-~83 - Almanac Pond Road
3. Philip & C. Hempleman - SE~8-~84 - 49 Hulbert Ave.
4. Jeffrey Moore, Inc. - SEi!8-485 - Wanoma Way, Tom Nevers
5. Karen and Larry Schwenk - Miacomet Ave & Miacomet Way
6. Patricia Norcross - Lot 2, Quidnet
7. Perkins-LaFrance - SE~8-i!86 - 99 Eel Point Rd.
8. Frederick Moynihan - 109 & 111 Baxter Rd.
9. Old North Wharf Trust - Old North Wharf
10. Charles LeMaitre - 52 Tennessee Ave.
11. TorpelCross - 9 Wauwinet Rd.
B. REGULAR MEETING
1. Requests for Determination
a. Stone Barn Inn I Daniel Nugent - 60 N. Beach Street
b. Judith Brownell - 129 Orange St.
c. Mastain/Pappageorge - Vermont Ave., Madaket
2. Extension Permits
a. E. Garrett Bewkes - SE~8-298 - Hellers Way
b. Susan J. McMaster-Collum - SE48-311 - 3i! Western Ave. ,Surf.
3. Orders of Conditions
a. Beach Box Trust - SEi!8-i!00 - Hallowell Ln. - amended OIC
b. Topland Properties - SEi!8-476 - 40 Low Beach Road
c. Arvids & R. Reinbergs - SE~8-~78 - 60 North Liberty Street
d. Michael J. O'Mara - SE~8-480 - 240 Polpis Road
e. Richard and Jane Steadman - SEl.t8-481 - 23 Quaise Road
l.t. Enforcement Orders
a. John & Vanna Nightingale - 13 Wauwinet Road
5. Certificates of Compliance
a. Sylvia Realty Trust - SE~8-29 - Meadow View Drive
b. Sylvia Realty Trust - SEl.t8-194 - Meadow View Drive
c. Wayne Mosher - SEi!8-238 - Cliff Road
d. Wayne Mosher - SE~8-308 - Cliff Road
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
6. Planning Board Referral
a. Herbert M. Greenberg - Swift Rock Road
7. Correspondence
8. Minutes of April 28, 1988
Bills to be paid
9. Other Business
a. Warren's Landing - management proposal
b. Self-help grant application - exec. session?
c. Martin Levine - Massachusetts Ave.
d. Opening of K Street, Madaket
e. William Haddon - Eel Point Road
f. Dias/Town of Nantucket - Surfside Road pumping station
g. Lee/Jarrett - Sachem Road
h. Danielle DeBenedictus - SE~8-3~0 - Quidnet
i. Town Meeting Articles - discussion opportunity
j. DEQE site visits May 20 - K&B, Frazier, Commons
k. Comments, questions from press and public
10. Field Inspections
a. Torpe/Cross - 9 Wauwinet Rd. - NO!
b. Hither Creek Boatyard - 20 N. Cambridge St. - RFD
c. Susan McMaster-Collum - 3~ Western Ave. - Cert./Comp.
d. Dionis Dunes - inspect ~-WD damage, cuts across dunes
e. Wayne Mosher - Cliff Rd. ~ 2 Certs. of Compo
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of May 12, 1988 Page 1
MINUTES OF MAY 12, 1988
The public hearings of May 12, 1988 were called to order at 7:30 PM.
Members present were: Lee Dunn - Vice Chairman, William Willet -
Treasurer (presided), Granville Cranston, Donald Visco and Carl
Borchert. Members absent were: Peter Dunwiddie - Chairman, Henry
Wasierski. Administrator present: Ben McKelway.
A. PUBLIC HEARINGS
1. J. & J. Cochran ET AL - SEi!8-l.!-i!2 - 54~56 No. Beach Street. Ted
Tillotson and John Shugrue were present as agents for the
applicant. Tina Coughanour stated that Mickey Marcus had left
IEP and that she has taken over the case.
Ted Tillotson wanted to continue the hearing until May 26 because
he was still awaiting important hydrological information from
IEP.
Carl Borchert asked if Mickey Marcus and IEP have all the
necessary information. Ted said yes. Carl requested that the
staff summarize the history of this case in a memo.
Ben reviewed the file and pointed out that the commission has
been considering continuances since January.
Ted outlined Mickey Marcus's position. Lee Dunn said the
commission had thrown out Marcus's argument long ago.
Lynn Zimmerman of the Nantucket Land Council submitted a letter
stating:
1. The applicants have not filed with the Planning Board as is
required in the Wetlands By-Law and Mass. General Law.
2. The Notice of Intent is incorrectly completed in that it
does not consider the land Isolated Land Subject to
Flooding.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 2
3. The applicants have failed to produce credible evidence that
the work proposed in the Notice of Intent on Land Subject to
Coastal Storm Flowage or Flooding will not significantly
affect the protected interests of flood control,
groundwater, and storm damage prevention.
She recommended denying this application without prejudice.
A motion was made to continue the hearing for more information
from IEP. The motion was carried.
2. J. Seward Johnson, Jr. - SE~8-i!83 - Almanac Pond Road. No agent
was present for the applicant. Bill Willet said he was still
expecting a revised plan from the applicant.
A motion was made to continue the hearing for more information.
The motion was carried.
3. Philip & C. Hempleman - SE~8-~8i! - ~9 Hulbert Ave. John Shugrue
was present as agent for the applicant. John stated that the
application was continued from the last meeting only because
there was no DEQE file number yet.
Ben McKelway outlined his recent memo of ~/26/88, stating the
advice he had received from DEQE that bulkheads and dunes do not
mix.
Donald Visco said there was a problem with beginning a new
project before a certificate of compliance is issued on an old
one. Donald thought there was no problem with the bulkhead
specifically. He felt that the property owner had a legitimate
concern and suggested that the Conservation Commission work with
the owner to obtain a certificate of compliance first.
Carl Borchert thought that the deck extension would wipe out the
dune that the ConCom wanted them to restore.
Lee Dunn said he thought the ConCom had been encouraging a
certificate of compliance for some time.
Ben was asked to compose a draft denial. A motion was made to
close the hearing. The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 3
~. Jeffrey Moore, Inc. - SE~8-i!85 - Wanoma Way, Tom Nevers.
Jeffrey Moore was present. Mr. Moore said he was off-island at
the last meeting; he wanted to know what the procedure is and
what information the ConCom needed. He answered questions on
elevations, setbacks, and crawlspace, and said the septic system
was outside the 100-foot buffer zone.
Carl Borchert said that snowfencing is needed on the bluff-side
and at the limits of the work line and that Mr. Moore should send
a letter to that effect concerning elevation, limits of work,
snowfencing and a vegetation removal plan.
Ben McK~lway pointed out that there was a minor problem in that
the ConCom was being asked to issue two Orders of Conditions for
one application.
Lee Dunn said there would be potential problems in obtaining a
certificate of compliance for example.
Mr. Moore read a BSC letter dated ~/28/88. He said he would
consider a second filing.
A motion was made to continue the hearing for more information
from Natural Heritage and Endangered Species Program. The motion
was carried.
5. Karen and Larry Schwenk - Miacomet Ave. & Miacomet Way. No agent
was present for the applicants.
Ben McKelway'summarized Mrs. Schwenk's letter to withdraw the
application; the letter was recteved 5/11/88.
Donald Visco asked about the maintanence dredging. Ben was asked
to send a letter, advising that the dredging not be more than two
feet deeper than originally proposed, for a total of 5 feet.
A motion was made to accept the withdrawal and send a letter to
the Schwenk's. The motion was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of May 12, 1988 Page ~
6. Patricia Norcross - Lot 2, Quidnet. Pat Norcross was present.
Bill Willet read the results of the field inspection.
Bill Willet suggested draining the septic tanks and filling them
with sand, but Ms. Norcross thought that would be too difficult
to do because the pond water is too high.
Donald Visco recalled activity with these cottages over the
years; he thought he could do the draining job. Granville
Cranston suggested using a crane to go at it from the top of
the bank.
Ms. Norcross pointed out that she cannot do anything with the
contractors until the DEQE and the ConCom issue an Order of
Conditions.
Ms. Norcross said she plans to demolish the cottages in
September. Ben McKelway thought that burning the cottages would
be a cheap solution.
Carl Borchert said a silt fence should
keep the floating material contained.
were suggested as possible substitutes
discussion ensued about working on the
working from the top of the bank.
be put in the water to
Snowfence and chickenwire
for siltation fence. A
beach as opposed to
Ben was asked to call DEQE. He stated that he had already
consulted DEQE and thought that they may kick this back because
it was an Abbreviated Notice of Intent for work in a resource
area. Carl asked Ben to call DEQE again because he did not wish
to hold Ms. Norcross up.
A motion was made to continue the hearing for a DEQE file number.
The motion was carried.
7. Perkins-LaFrance - SEi!8-~86 - 99 Eel Point Rd. Lee Dunn
abstained. Alan LaFrance was present. Tina Coughanour from IEP,
Inc. was present as agent for the applicants. Tina gave a brief
description of the site and project. The site is in an estimated
rare species habitat and further response from the MNHESP was
being awaited. Tina stated that the new septic tank is over 100
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 5
feet away from the dune, and that revegetation will take place
where neccessary. An overlay representation was submitted re the
Wetlands Scenic Views -- Tina said the house would be 2i! feet
high (one and a half stories). It was determined that the
resource area is a coastal dune, not a coastal bank.
Bill Willet read the field inspection recommendation. Donald
Visco said they may want to consider moving the house back.
There was a discussion of whether the DEQE would require the
house to be on pilings. Tina said pilings would probably be
required for a brand new house, but not necessarily for one on
the site of an existing structure.
A motion was made to continue the hearing for a response from the
MNHESP. The motion was carried.
8. Frederick Moynihan - 109 - & 111 Baxter Road. Norman Chaleki was
present as agent for the applicant. Norman said the building was
moved today and will relocate soon; he agreed to field any
questions.
Carl Borchert suggested Cranny. look at the condition of the bank
sometime on his way home. A motion was made to continue the
hearing for a DEQE file number. The motion was carried.
9. Old North Wharf Trust - Old North Wharf. Edward Sanford,
Trustee, was present to describe the project. A motion was
made to continue the hearing for a DEQE file number. The motion
was carried.
10. Charles LeMaitre - 52 Tennesse Ave. Tina Coughanour from IEP,
Inc. was present as agent for the applicant. Tina described the
site and the project and listed the resources on the site. She
said the new septic is to be 51 feet from the saltmarsh and is to
be mounded to meet the five foot separation requirements.
Donald Visco said this was a step in the right direction and it
improves the situation existing now.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 6
Carl Borchert wanted to know if the ConCom will need to grant a
waiver under the local bylaw. Donald said no.
It was suggested that the new well be relocated on the plan to a
site beneath the way.
A motion was made to continue the hearing for a DEQE file number.
The motion was carried.
11. Torpe/Cross - 9 Wauwinet Rd. Tina Coughanour from IEP, Inc. was
present as agent for the applicants. Tina described the site and
the project: the addition is to be 52 feet from the Wetland
boundary, haybales are to be used, and the 25 root vegetative
buffer is to be maintained. Jeffrey Blackwell of Hart and
Blackwell also commented on the septic system conditions.
It was determined that no more information was needed, but a
field inspection was yet to be done. A motion was made to
continue the hearing for a DEQE file number and a field
inspection. The motion was carried.
B. REGULAR MEETING
1. Requests for Determination
a. Stone Barn Inn / Daniel Nugent - 60 N. Beach Street. Bill
Willet abstained. David Moretti was present to represent the
applicant. Mr. Moretti reviewed a previously filed Request for
Determination on two other lots and described the work done
already. He said he was looking for a negative determination
only on work done to date irrespective of lot 6.
Lee Dunn said that from the field inspection, it was very
difficult to discern what the conditions were like before the
work was done, but that it looked like some filling of parts of
the nearby Wetland had been done. There was a discussion of the
poured footings which had been put in. Lee said the drainage
characteristics may have been changed by the construction of the
parking lot.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of May 12, 1988 Page 7
Mr. Moretti pointed out that a Notice of Intent must eventually b
submitted for lot 6, in accordance with the prior Request for
Determination. Lee said a statement is needed from the engineer
certifying no fill had been brought in.
Carl Borchert stated he wanted to see the site on a field
inspection.
Mr. Moretti admitted there was definitely a disturbance of lot
6.
A motion was made to continue the hearing until the next meeting
to await the arrival of the statement from the engineer that no
fill was added to any lot except lot 6 and that conditions at the
site are what the narrative submitted by Mr. Moretti says they
are. The motion was carried. Carl abstained from the vote.
b. Judith. Brownell - 129 Orange Street. A motion was made to
issue a negative Determination, stating the work described in the
request is within the Buffer Zone, as defined in the regulations,
but will not alter an Area SubJect to Protection Under the Act.
Therefore, said work does not require the filing of a Notice of
Intent. The motion was carried.
c. Mastain/Pappageorge - Vermont Ave., Madaket. The field
inspection report was read. A motion was made to issue a
positive Determination stating the area described in the Request
is an Area Subject to Protection Under the Act. Therefore, any
removing, filling, dredging or altering of that area requires the
filing of a Notice of Intent. The motion was carried.
2. Extension Permits
a. E. Garrett Bewkes - SEi!8-298 - Hellers Way. Ted Tillotson and
John Shugrue were present as agents for the applicant. Ben
McKelway summarized the project proposal and the reason for the
request for an extension.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 8
There was a discussion of the short-eared owl status and Karen
Combs, representing MNHESP. was also present to answer questions.
Karen submitted a map of the territories, stating two pairs of
birds use this area to hunt prey.
Ted Tillotson reviewed the project and pointed out that Mr.
Bewkes had made gifts in the past to the Nantucket Conservation
Foundation. Ted stated that Mr. Bewkes owns a lot of land on
Nantucket of which very little has been developed. He then
submitted an copy of an Inquirer and Mirror article on how the
ConCom might vote tonight.
Donald Visco said no one wants to
job just to meet a June deadline.
the intent to hold on to the land
to maintain its value.
see a "rushed-up" construction
Ted stated that Mr. Bewkes has
in its present state in order
Lynn Zimmerman of the Nantucket Land Council submitted a letter.
Lynn said she hoped Mr. Bewkes's intention is to protect this
sensitive area. Lynn suggested continuing the hearing for two
more weeks to hear a clear intent from Mr. Bewkes. Ted said that
Mr. Bewkes cannot wait two weeks and that a one-year extension
would do.
Donald stated that the subdivision plan was originally conceived
to establish value. Lynn said that there would be no
disadvantage to delay the decision two weeks if Mr. Bewkes truly
had a genuine conservation interest in mind. She also said she
had made numerous attempts to reach Mr. Bewkes without success.
Ted said that Mr. Bewkes is not difficult to reach.
Ben relayed third-hand information that Mr. Bewkes is not
interested in selling his land to a conservation buyer. Bill
Willet and Donald Visco pointed out that they do not wish to call
Bewkes's bluff and pressure him into anything. Ben sugggested
consideration of MNHESP. Lee Dunn wanted to table the decision
for two weeks.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of May 12, 1988 Page 9
A motion was made to grant ~extension of one year. A discussion
of the procedure'of issuing extension permits followed. The
motion was carried.
b. Susan J. McMaster-Collum - SEi!8-311 - 3~ Western Ave.,
Surfside. Chris Collum was present to explain the request for an
extension. A motion was made to issue a two-year Extension
Permit. The motion was carried.
3. Orders of Conditions
a. Beach Box Trust - SE~8-i!OO - Hallowell Ln. - amended Order of
Conditions. Donald Visco abstained from the discussion. Neal
Glick was present as attorney for the applicant. Mark Avery and
Jenny Shakespeare of Design Associates and Les Smith of Daylor
Consulting Group were also present. Kate Mitchell of Island
Women Construction Company was present to field questions as the
contractor.
Neal Glick went over the "good faith misunderstanding" discussed
at the last meeting; he stated there was no environmental damage
done.
There was a discussion of the foundation footings and the
snowfencing which they are willing to put up. Jenny Shakespeare
confirmed that the footprint and the walkway are in the same
location as before.
There was a discussion of the environmental concerns: the walkway
over the bluff/dune. A cross-section was presented in which the
only true difference from the old one is that the footings are
deeper.
Re the analysis of Wetlands Scenic Views impact, a drawing was
submitted depicting the old versus the new views based on actual
photos; no obstruction is anticipated.
As was requested at the last meeting, HDC-approved plans were
submitted.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 10
Les Smith spoke on possible negative environmental impacts. The
building site is a buffer zone to a coastal bank. There is no
rare species habitat on this site. Les commented on the very
small effect of removing the additional 27 cubic yards from the
foundation. He also recommended a walkway to protect the dunes.
Lee Dunn commented on the reasons for the original enforcement
order which he had issued. He also stated he was impressed by
tonight's presentation but he wanted certification. Mark Avery
agreed to come into the office on Friday, May 13 with stamped,
signed plans.
A motion was made to issue an amended Order of Conditions. The
motion was carried.
b. Topland Properties - SE,*8-,*76 - '*0 Low Beach Road. Ben
McKelway read the draft Order of Conditions. A motion was made
the issue the Order of Conditions. The motion was carried.
c. Arvids & R. Reinbergs - SEi!8-,*78 - 60 North Liberty Street.
Ben McKelway read the draft Order of Conditions. A motion was
made to issue the Order of Conditions. The motion was carried.
Ted Tillotson who was present as agent for the applicant
suggested that Ben's measurements, '*2-50 feet, may not be
accurate. Ben agreed to reword the Order of Conditions to give
the applicant the benefit of the doubt and follow the plans as
approved.
d. Michael J. O'Mara - SEi!8-,*80 - 2'*0 Polpis Road. Les Smith of
Daylor Consulting Group was present as agent. Ben McKelway read
the draft Order of Conditions. A motion was made to issue the
Order of Conditions. The motion was carried with Lee Dunn
abstaining.
e. Richard and Jane Steadman - SE,*8-,*81 - 23 Quaise Road. Bob
Emack of Nantucket Surveyors was present as agent for the
applicant. Ben McKelway read the draft Order of Conditions.
A motion was made to issue the Order of Conditions. The motion
was carried.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket. Massachusetts 02554
Minutes of May 12, 1988 Page 11
~. Enforcement Orders
a. John & Vanna Nightingale - 13 Wauwinet Road. A letter from th
Nighingale's lawyer, Ellen D. Fine, was read, dated May 9, 1988.
The Commission agreed to grant the Nightingales more time to file
a revegetation plan, as called for in the Enforcement Order. Ben
was asked to respond by letter.
5. Certificates of Compliance
a. Sylvia Realty Trust - SEi!8-29 - Meadow View Drive. A motion
was made to issue a Certificate of Compliance. The motion was
carried.
b. Sylvia Realty Trust - SE~8-19i! - Meadow View Drive. A motion
was made to issue a Certificate of Compliance. The motion was
carried.
c. Wayne Mosher - SE~8-238 - Cliff Road. It was decided a field
inspection was needed.
d. Wayne Mosher - SE~8-308 - Cliff Road. It was decided a field
inspection was needed.
6. Planning Board Referral
a. Herbert M. Greenberg - Swift Rock Road. Not discussed.
7. Correspondence - Not discussed.
8. Minutes of April 28, 1988 - Not discussed.
9. Other Business
a. Warren's Landing - management proposal. Lowell Whiteford was
present to discuss a proposal he had submitted to make
improvements at Warren's Landing: planting and soil improvement.
Lowell said he had approached the Parks and Recreation Committee,
but Jack Garner told him to come to ConCom first. Carl Borchert
told Lowell to be sure to keep the Parks & Rec. informed. Lowell
said he would like to do the project over 2-3 years and would be
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 12
answerable to the ConCom and present plans for revegetation to
the ConCom for review. Lee Dunn thought it was an interesting
idea. Bill Willet said the Commission is favorably disposed to
the idea in general.
Donald Visco said the liability question must be looked into.
Ben McKelway said he had already written a letter to Elizabeth
Goodman to that effect. Lee thought a more concrete proposal was
needed. Carl liked the idea of building up the soil. Donald
thought most Nantucketers are interested in water-related
activities at Warren's Landing for recreational boating--that is
Donald's top priority. Donald also suggested that Lowell could
possibly get donations of tractors and tillers. Carl suggested a
soil test was needed to start off with.
b. Self-help grant application - executive session? - Not
discussed.
c. Martin Levine - Massachusetts Ave. Rob Andersen was present as
agent for the applicant. Rob stated that the project is a new
foundation on an old footprint. Bill Willet read a letter from
Rob Andersen. Carl thought this was a minor modification. Ben
was asked to send a letter to this effect.
d. Opening of K Street, Madaket. David Leggett, who had done the
brushcutting, was present. Lee said the brushcutting was in the
buffer zone and minor. It was determined that Mr. Leggett was
not planning to drive on the path; he said he may put up a
split-rail fence to keep vehicles out. Mr. Leggett also said
that he had made peace with the complainer. It was decided that
no action by the ConCom was needed.
e. William Haddon - Eel Point Road - Not discussed.
f. Dias/Town of Nantucket - Surfside Road pumping station - Not
discussed.
g. Lee/Jarrett - Sachem Road - Not discussed.
h. Danielle DeBenedictus - SEl.t8-3l.tO - Quidnet - Not discussed.
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Town of Nantucket
Conservation Commission
Town and County Building
Nantucket, Massachusetts 02554
Minutes of May 12, 1988 Page 13
i. Town Meeting Articles - discussion opportunity - Not
discussed.
j. DEQE site visits May 20 - K&B, Frazier, Commons - the
commissioners were given notice.
k. Comments, questions from press and public. None.
There being no other business, the meeting adjourned at 11:08 PM.