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Home My WebLink About2011-11-9Minutes for November 9, 2011, adopted Nov. 30 NANTUCKET CONSERVATION COMMISSION Minutes for Wednesday, November 9, 2011 4:00 P.M. on the 2 "`' Floor of the Public Safety Facility 4 Fairgrounds Road All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin Called to order at 4:00 p.m. Staff in attendance: J. Carlson Attending Members: Ernst Steinauer (Chair), Sarah Oktay (Vice chair), Jennifer Kerberg, John Brescher, John Braginton- Smith, Andrew Bennett, Ian Golding Absent Members: Agenda adopted by unanimous consent *Nfatter has not been heard I. PUBLIC MEETING A. Public Comment Ben Normand, Rowland and Associates, for Gayle Arnold, whose neighbor at 112 Wauwinet Road has overstepped his ConCom approval. Now have drainage issues. Staff - Mr Walker of 112 Waug*net Road has an open permit for landscaping and cut too close to the property line. Working with him to come in with a planting plan. Intent is to replace in kind what was removed. o II. PUBLIC HEARING i A. Notice of Intent 1. 91 Low Beach LLC — 91 Low Beach Road (Layout) (75 -031) SE48 -2353 (cont. to 11/3® 2. Heneghan — 47 Massachusetts Ave. (60.3.4 -97) SE48 -2374 Sitting Oktay, Brescher, Braginton- Smith, Bennett, Golding v Recused Steinauer & Kerberg Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — Mean high water is five feet below the tank. Paul Santos, Nantucket Surveyors — There will be a permanent buried hose connected to the tight tank to a point off site for pumping. Howard Speicher, representative for Heneghan — Requesting a positive order be issued granting requested waivers and has appropriate restrictions that are not prohibitive. Public Emily MacKinnon, Nantucket Land Council — Submitted comment letter since last hearing about a few outstanding concerns. Massachusetts Natural Heritage asserts that this project will have adverse short and long term affects on the natural habitat. Williams Hunter, represent Levine — Don't want to see an order issued on a house that very likely will have to be moved in the future. You will have to highly condition the permit to protect the neighborhood. You have the right to protect the wetland resource areas. Steinauer, abutter — Share the concerns of the neighbors; and concerned about heavy equipment on the dunes. Discussion Oktay — There was a letter stating the tight tank would be pumped once a week by Visco. This is a new septic system and well which are not protected under the grandfather clause. Golding — Have been verbally advised by Town Council that the project is protected under the grandfather clause. Oktay — Have never allowed a house to be built on a coastal beach, which this property is now. I am dismayed the Town Council did not submit a written opinion; I would have preferred that. Braginton -Smith — Considering the volatile conditions of that area, am concerned about allowing this project to go forward. Brescher — Concerned about how the grandfathering would affect the beach and dunes. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried 5 -0 Page 1 of 7 Minutes for November 9, 2011, adopted Nov. 30 3. Sconset Beach Preservation Fund — 63 -67 and 79 -83 Baxter Road SE48 -2395 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur Reade — Request continuance Barry Fogel — Power Point presentation. Brian Jones, Ocean and Coastal Designs Public Hugh E. Ruthven III, Applied Coastal Research and Engineering, Inc. Ginger Andrews Nicole Burnham, Third -party Consultant Conservation Commission Emily MacKinnon, Nantucket Land Council Discussion Steinauer — There will be a loss of walkable beach at some high tide. Why should we allow protection of houses that have not right for protection? Karberg — Can the design be restructured to return only on town property? We have to decide whether or not it is in the interest of the public infrastructure to allow this to extend onto non- participating properties. Oktay — Not convinced it will not look artificial when you are walking the beach or the bluff. Steinauer — Would like to see the formula used to arrive at the cubic yard per linear foot per year. Would like to know how much the beach retreated during The Patriot Day storm. Oktay — Plastic does release chemicals into the environment and would like to see a study on the affect the gabions have on the habitat of biological life an intertidal area. Steinauer — Would like to see failure criteria. Motion Continue to 11/30 Vote Carried without objection Break 6:47 to 6:52 p.m. 4. Waters Edge N.T. —16 Medouie Creek Road (20 -26) SE48 -2417 Sitting Steinauer, Oktay, Brescher, Braginton - Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Requesting a continuance to give Massachusetts Natural Heritage time to reply. William Hunter David M. Haines, Haines Hydrogeologic Consulting Public Dan Bailey, representing Donal O'Brien — Reads easement restriction. Laura Schofield, consultant for O'Brien — Noted un- flagged wetlands that should be flagged and shown on the plan. Found possible vernal pools that need to be identified, as some work is within 25 feet. Simon Perkins, Ornithologist — Two state - listed species exist on and around this property: Northern Harrier and Barn Owl, and potentially to be added to the list the Saltmarsh Sparrow (nests only in saltmarsh). Verne Lox Donal O'Brien, 18 Medouie Creek Rd Whitney Gifford of Reade, Gifford and Gullicksen for Nantucket Conservation Foundation Jim Lenkowski, Nantucket Conservation Foundation Emily MacKinnon, Nantucket Land Council Discussion Oktay — Did not include work within the 25- foot - buffer zone in the calculation/mitigation. Would like applicant to do calculation to ensure proposed work is within the 50 percent alteration. Motion Continued to 11/30 Vote No objections Page 2 of 7 Minutes for November 9, 2011, adopted Nov. 30 5. Badger — 91 West Chester Street (41 -827) SE48 -2421 (cont. to 11/30) 6. Cunningham — 103 Eel Point Road (32 -6) SE48 -2424 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering Public None Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously 7. Thornburg — 273 & 281 Hummock Pond Road (83- 3,41 &42.2) SE48 -2423 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — Request an objection William Hunter Public Emily MacKinnon, Nantucket Land Council Discussion Oktay — Concerned about shore birds. If the commission thinks a waiver is necessary, it can be included in the permit. Motion Continued to 11/30 Vote No objections 8. Thirty Seven Squam Road N.T. — 41 Squam Road (13 -25) SE48 -2422 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, Laurentide Environmental Consultants, Inc. Public None Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously 9. *Blueprint, LLC — 2 N. Beach Street (Lot 2B) (42.4.1 -64) SE48 -2426 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors Arthur Reade Public Tom Visco Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously Page 3 of 7 Minutes for November 9, 2011, adopted Nov. 30 10. *McGowan — 10 Bassett Road (26 -39) SE48 - Sitting Steinauer, Brescher, Braginton- Smith, Bennett, Golding Recused Oktay & Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Request continuance Public None Discussion None Motion Continued to 11/30 Vote No objections 11. *Kerr — 46 Wauwinet Road (14 -29) SE48 -2425 (cont. to 11/30) B. Amended Orders of Conditions 1. Thirty Seven Squam Road N.T. — 37 Squam Road (13 -26) SE48 -2393 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton - Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, Laurentide Environmental Consultants, Inc. Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously 2. *Wittenberg — 26 Bassett Road (26 -47) SE48 -2363 Sitting Steinauer, Brescher, Braginton - Smith, Bennett, 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 Approve. (Braginton- Smith) seconded Vote Carried 5 -0 III. PUBLIC MEETING A. Requests for Determination of Applicability 1. *Verney, Trustee — 25 Capaum Pond Road (40 -10) (cont. to 11/30) 2. *Nantucket Island Properties — 78 Wauwinet Road (14 -18) (cont. to 11/30) B. Minor Modifications *Hanley — 96 Cliff Road (41 -15) SE48 -2066 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton - Smith, Bennett, Golding Recused Documentation Representative Public None Supporting documents and plans, staff recommendations. Paul Santos, Nantucket Surveyors None Discussion None Motion Motion to Approve. ( Oktay) Seconded Vote Carried Unanimously Page 4 of 7 Minutes for November 9, 2011, adopted Nov. 30 2. *Sand & Weed, LLC — 125 Cliff Road (41 -580) SE48 -2093 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, Laurentide Environmental Consultants, Inc. Public None Discussion None Motion Motion to Approve. (Bennett) Seconded Vote Carried 6 -0 3. *Bug Light Realty Trust - 7 &9 Jefferson Ave. (30 -54 &54.1) SE48 -2122 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Approve. (Braginton- Smith) seconded Vote Carried Unanimously 4. *Great Harbor Yacht Club — Washington Street Extension SE48 -1665 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering None Dan Arlon, Great Harbor Yacht Club Public None Discussion Oktay — Typically water - quality testing is done as long as the storm -water drain is Motion to Issue. (Braginton- Smith) seconded used. OK with cutting back but against discontinuing testing after only one year. Carried Unanimously Would like an independent review done. Brescher — Ok with cutting back. Motion Continued to 11/30 Vote No objections C. Certificates of Compliance 1. *Fifty -One Baxter Road, LLC — 51 Baxter Road (14 -16 & 16.1) SE48 -2233 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously Page 5 of 7 Minutes for November 9, 2011, adopted Nov. 30 2. *Fifty -One Baxter Road LLC — 51 Baxter Road (14 -16 & 16.1) SE48 -2326 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously 3. *Sand & Weed —125 Cliff Road (41 -580) SE48 -2093 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried 6 -0 4. *Wolf — I Windward Lane (30 -27) SE48 -2283 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Brescher) seconded Vote Carried Unanimously A Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. *Everets — 28 Willard Street (29- 112.2) SE48 -2420 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously Page 6 of 7 Minutes for November 9, 2011, adopted Nov. 30 2. *Cunningham —103 Eel Point Road (32 -6) SE48 -2424 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously 3. Discussion of other closed notice of intent public hearings — Items 2, 6, 8 & 9 Heneghan — 47 Massachusetts Avenue with Steinauer & Karberg recused E. Other Business 1. Reports: i. CPC — John Brescher ii. NP &EDC — Andrew Bennett (EDC) iii. Fertilizer Use Committee — Ernie Steinauer iv. Other /Miscellaneous Reports a. Shellfish Management Plan — Sarah Oktay 2. Commissioner Comments - None 3. Administrator /Staff Report i. Approval of Minutes — Motion to Adopt by unanimous consent ii. Extension Request Reissue iii. Mosquito Control Committee appointment — John Braginton -Smith Motion to Adjourn at 9:55 p.m. Submitted by: Terry L. Norton Page 7 of 7