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Home My WebLink About2011-8-17Minutes for August 17 2011 adopted Aug. 31 NANTUCKET CONSERVATION COMMISSION Wednesday, August 17, 2011 4:00 P.M. on the 2 °d Floor of the Public Safety Facility 4 Fairgrounds Road Called to order at 4:00 p.m. Staff in attendance: J. Carlson Attending Members: Ernst Steinauer (Chair), Sarah Oktay, Jennifer Karberg, John Brescher, John Braginton- Smith, Ian Golding Absent Members: Andrew Bennett Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment - None II. PUBLIC HEARING A. Notice of Intent 1. 91 Low Beach LLC — 91 Low Beach Road (Layout) (75 -031) SE48 -2353 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused N/A Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — request continuance to Aug. 31 Public N/A Discussion N/A Motion N/A Vote N/A 2. *Henegan — 47 Massachusetts Ave. (60.3.4 -97) SE48 -2374 Sitting Oktay (acting chair), Brescher, Braginton - Smith, Golding Recused Steinauer & Karberg Documentation Supporting documents and plans, staff recommendations. Representative Jim Henegan, owner; Howard Speicher attorney for owner; Brian Madden, LEC Environmental Consultants, Inc. & Paul Santos Nantucket Surveyors Public Bill Hunter for Levine family — Mass Ave ability to support construction project, emergency access, utilities being in an eroding beach area, nuisance damage to Levine property since access trespasses on their property, 150 feet of sewage line across a beach and mitigation of a possible septic leak. Emily McKinnon, Nantucket Land Counsel — Septic, well and utilities do not meet grandfather exemption. Contend that Performance Standards for waiver to adverse impact on wild life habitat has not been met. Bruce Perry Nantucket Islands Land Bank — Commission does not have authority to waive state act. Edie Ray Mass Audubon coastal shorebird monitor — Have to look at is if site is a suitable nesting place. Have been at sight when high tide extended up into foot print of house. High human activity does not make an area bad for nesting plovers. Donald O'Connell abutter — Utility lines already exist. Discussion Unstable area, which can erode again, and removal of structure in that event. Would like plan showing high water marks over the past three years, aerials & four season shoreline analysis. Questions: How is the septic accessed? How will placement of structure affect vehicular access to the beach? Would like Town Counsel review of grandfather law. Motion Continued until August 31 meeting. Vote N/A Page 1 of 6 Minutes for August 17 2011 adopted Aug. 31 3. *Sconset Beach Preservation Fund — 63 -67 and 79 -83 Baxter Road SE48 -2395 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton - Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur Reade attorney & Les Smith of Epsilon Associates — Sample of proposed geogrid mattress at Holdgates Partners off Milestone Road for commissioners to review. Public Deanne Atherton, 48 Squam Rd. William Hunter Emily McKinnon Nantucket Land Counsel Bruce Perry Nantucket Islands Land Bank Edie Ray Discussion Questions: Should have data that shows attenuation characteristics of Gambions and Mattresses. Would like to see documentation supporting "eminent danger" statistics. Coastal Beach, veneer and sacrificial sand which can disappear in the course of a single storm. Would like to see long term evidence of how long beaches last in front of these structures. Sand loss will not occur regularly but in spells that could occur after years of no erosion, so where is that large amount of sand coming from? Trying to model a living beach and trying to match that performance; is there enough protection built in for the four parcels not included between this project to prevent scouring? Concerns: Change in erosion pattern affecting beaches north and south. Construction extending into nesting season for birds. Motion Continued to August 31 Vote N/A 4. Foundyller — 9 Massachusetts Ave. (60 -83) SE48 -2403 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton - Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion Not convinced it is not bad precedence to take an ad hoc travel way and allow it to become a formal walk way. Motion Motion to Close. (Braginton - Smith) Seconded Vote Carried Norwood Farm Trust — 243 Polpis Road (46 -1) SE48 -2402 — Continued to Aug. 31 6. Fulling Mill Road R.T. —15 Fulling Mill Road (27 -8) SE48 -2405 Sitting Steinauer, Brescher,Braginton- Smith, Golding Recused Oktay & Karberg Documentation Supporting documents and plans, staff recommendations. Representative William Hunter & Arthur D. Gasbarro, Blackwell and Associates Inc Public Emily McKinnon, Nantucket Land Counsel Bruce Perry, Nantucket Islands Land Bank Discussion Might want some constraints on equipment used to remove invasive plant species. Keep track of herbicide amounts. Motion Motion to Close (Braginton - Smith) Seconded Vote Carried Pan 2 of 6 Minutes for August 17 2011 adopted Aug. 31 7. Foundyller — 9 Massachusetts Ave. (60 -83) SE48 -2406 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Sara Alger & David M. Haines, Haines Hydrogeologic Consulting Public None Discussion None Motion Motion to Close. (Braginton - Smith) Seconded Vote Carried , Woburn Kimball, LLC —1 Kimball Ave. (30 -33) SE48 -2408 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Sara Alger & Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Close (Braginton- Smith) Seconded Vote Carried 9. Stoddard —13 Columbus Ave. (59.3 -110) SE48 -2407 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Close. (Braginton - Smith) Seconded Vote Carried 10. *Nineteen Baxter Road LLC —19 Baxter Road (49.2.3 -14) SE48- (no number) Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur Reade & Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Possibility of erosion. Motion Continued to August 31 Vote N/A B. Amended Orders of Conditions *Catfer Holdings, LLC — 68 Hulbert Ave. (29 -54) SE48 -2244 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Approve. (Golding) Seconded Vote Carried Pase 3 of 6 Minutes for August 17 2011 adopted Aug. 31 2. *11 North Road N.T. —11 North Road (43 -131) SE48 -2324 -continued C. Abbreviated Notice of Resource Area Delineation 1. *Phyljan Realty Trust — 2A North Beach Street SE48- 2409 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John DeSouza Public Emily McKinnon, Nantucket Land Counsel Discussion Vegetative wetland exists on the site. Entire lot is in land subject to coastal flooding. Information came in late that public has not had an opportunity to review. Motion Continued to August 31 Vote N/A III. PUBLIC MEETING A. Minor Modifications 1. *Huckleberry Friend Trust — 7 Huckleberry Lane (32 -60) SE48 -2376 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Approve. (Brescher) Seconded Vote Carried 2. *McGowan —10 Bassett Road (26 -39) SE48 -2299 Sitting Steinauer, Brescher,Braginton- Smith, Golding Recused Oktay & Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Issue minor modification. (Brescher) Seconded Vote Carried B. Certificates of Compliance 1. *Jelleme — 70 Madaket Road (70 -41) SE48 -757 (Re- issue) Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue (Brescher) Seconded Vote Carried Page 4 of 6 Minutes for August 17 2011 adopted Aug. 31 C. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. Ames, Tr. —113 Wauwinet Road (12 -45) SE48 -2401 Sitting Steinauer, Karberg, Brescher,Braginton- Smith, Golding Recused Oktay Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Brescher) Seconded Vote Carried 2. Nantucket Conservation Foundation —161 Polpis Road (44 -16) SE48 -2404 Sitting Steinauer, Brescher,Braginton- Smith, Golding Recused Oktay & Kerberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Add line to state amount of herbicide used shall be reported to the commission on an annual basis. Motion Motion to Issue (Braginton- Smith) seconded Vote Carried 3. Foundyller — 9 Massachusetts Ave. (60 -83) SE48 -2406 Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Brescher) Seconded Vote Carried 4. Stoddard —13 Columbus Ave. (59.3 -110) SE48- (no number) Sitting Steinauer, Oktay, Karberg, Brescher,Braginton- Smith, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Braginton - Smith) Vote Carried 5. Discussion of other closed notice of intent public hearings Pase 5 of 6 Minutes for August 17 2011 adopted Aug. 31 D. Other Business t. Reports: i. CPC — Need to pick a representative ii. NP &EDC iii. Fertilizer Use Committee iv. Other / Miscellaneous Reports — Need to elect officers when all seven commissioners are present 2. Commissioners Comment 3. Administrator/ Staff Report— Procedural questions received in relation to Orders of Conditions Motion to Adjourn at 8:00 p.m. Submitted by: Terry L. Norton Paee 6 of 6