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HomeMy WebLinkAbout2011-8-31Minutes for August 31, 2011, adopted Sept. 14 TUC f, NANTUCKET CONSERVATION COMMISSION Minutes for Wednesday, August 31, 2011 4:00 P.M. on the 2 °d Floor of the Public Safety Facility 4 Fairgrounds Road PATE "' 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. ConCom Staff in attendance: J. Carlson Attending Members: Ernst Steinauer (Chair), Sarah Oktay (Vice Chair), Jennifer Karberg, John Brescher, Andrew Bennett, John Braginton- Smith, Ian Golding ti Absent Members: Agenda adopted by unanimous consent *Matter has not been heard I. ELECTION OF OFFICERS A. Chairman — Oktay nominated Steinauer. Seconded. No other nominations. Carried J Unanimously / /Steinauer recused B. Vice Chairman — Braginton -Smith nominate Oktay. Seconded. No other nominations. Carried Unanimously / /Oktay recused II. PUBLIC MEETING A. Public Comment — Roggeveen: Soapy water at old downtown police station indicating vehicles have been washed there, though did not see any cars being washed. I bring this up in light of the Town posting notices warning against washing cars because it drains into the harbor. Staff — Will follow up. III. 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, Bennett, Golding Recused N/A Documentation Supporting documents and plans, staff recommendations. Representative N/A Public N/A Discussion N/A Motion Continued Vote N/A Page I of 6 Minutes for August 31, 2011, adopted Sept. 14 2. Henegan — 47 Massachusetts Ave. (60.3.4 -97) SE48 -2374 Sitting Oktay (acting Chair), Brescher, Braginton- Smith, Bennett, Golding Recused Steinauer & Karberg Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, LEC Environmental Consultants, Inc. & Stan Humphries — will be requesting a continuance. Public Eileen O'Connell 43B Massachusetts Avenue & John Conforti 34 Massachusetts Avenue & 36 Massachusetts Avenue Discussion Braginton -Smith — Visited after Tropical Storm Irene, looked as though water reached the building site. Staff — Existing signage was buried 8 more inches as a result of the storm. DPW will not extend pass the Levine's. Oktay — Four concerns: Wetland scenic views, public access, stability of area, & the plover community. Water and sand would move under pilings. Emergency access could be not possible due to the sand. Staff — Public access does not allow crossing private land. Golding — What happens if another storm washes away beach up to the pilings? Staff — Weather or not they could rebuild is something for Town Council to weigh in on. Motion Continued to Sept. 14. Vote N/A 3. Sconset Beach Preservation Fund — 63 -67 and 79 -83 Baxter Road SE48 -2395 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused N/A Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc & Arthur Reade — Request continuance to Sept. 14. Public N/A Discussion N/A Motion Continued to Sept. 14. Vote N/A 4. Norwood Farm Trust— 243 Polpis Road (46 -1) SE48 -2402 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 — Will provide information on what was tilled versus what was brush cut. Arthur Reade — Requesting a continuance. Public Bruce Perry Nantucket Islands Land Bank Discussion Oktay — If growth is presently native grass and going to blue -stem, that's ok. However, if it is Scrub Oak and going to blue -stem, that's another matter. It would be helpful to see that and how much adverse impact occurred from the cutting. Steinauer — With one pass of a brush cutter, most vegetation tends come back. Concerned about large expanse of exotic strain of blue -stem in the Middle Moors. Would like to know when roads were established; concerned about non - permitted work. An option is to allow the buffer to expand back out on its own. Motion Continued to Sept. 14. Vote N/A Page 2 of 6 Minutes for August 31, 2011, adopted Sept. 14 5. Nineteen Baxter Road LLC — 19 Baxter Road (49.2.3 -14) SE48 -2410 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur Reade & Arthur D. Gasbarro, Blackwell and Associates Inc Public N/A Discussion N/A Motion Motion to Close. (Braginton- Smith). Sconeded Vote Carried unanimously 6. *Myers— 18 Kelley Road (54 -101) SE48 -2411 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Sam and Alesia Myers Public None Discussion Staff — Silt fence is a standard condition but can spell it out. Motion Motion to Close. (Braginton- Smith). Seconded Vote Carried unanimously B. Amended Orders of Conditions 1. *11 North Road N.T. —I I North Road (43 -131) SE48 -2324 (continued to 9/14) Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative N/A Public N/A Discussion None at this time Motion Continued to Sept. 14 Vote N/A C. Abbreviated Notice of Resource Area Delineation 1. Phyljan Realty Trust — 2A North Beach Street SE48 -2409 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John DeSouza, SeaCoast Consulting LLC — Request public hearing be closed. Public Bruce Perry Nantucket Islands Land Bank — Suggest third party mediation Discussion Steinauer — Rather than he -said, he -said, it would be good to have a third party to review soil. Staff — Applicant has asked for a closing. They have to ask for a continuance. If they don't request the continuance, we don't have ability to continue. Motion Motion to Close. ( Brescher) Seconded Vote Carried unanimously Page 3 of 6 Minutes for August 31, 2011, adopted Sept. 14 2. *Hummock Pond Road Trust — 273 & 281 Hummock Pond Road (83-3,41&42.2) SE48 -2412 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering & David M. Haines, Haines Hydrogeologic Consulting — Request continuance. Public Bruce Perry Nantucket Islands Land Bank Discussion Steinauer — Over the last few years the south coast has been getting pounded and without an idea of what may happen on the property, to set a resource delineation that in 2'/2 year may be six or eight feet back does not seem like a good idea. They could come back and say, we've delineated this resource even though now it is six feet out from the top of the bank. Oktay — Perhaps the dune should be reflagged. Motion Continued to Sept. 14 Vote N/A IV. PUBLIC MEETING A. Requests for Determination of Applicability 1. *Giles Realty Trust— 35 Tennessee Ave. (59.4 -247) Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Oktay Documentation Supporting documents and plans, staff recommendations. Representative Ken Giles & Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Staff — Recommend Pos 2A & Neg 3 Motion Motion to Approve. (Bennett) Seconded Vote Carried Unanimously B. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) 1. Foundyller — 9 Massachusetts Ave. (60 -83) SE48 -2403 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion None Motion Motion to Issue. (Brescher) Seconded Vote Carried 5 -2 / /Opposed: Oktay & Karberg 2. Fulling Mill Road R.T. — 15 Fulling Mill Road (27 -8) SE48 -2405 Sitting Steinauer, Brescher, Braginton- Smith, Golding Recused Oktay & Karberg & Bennett Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Issue. ( Braginton- Smith) seconded Vote Carried Page 4 of 6 Minutes for August 31, 2011, adopted Sept. 14 3. Woburn Kimball, LLC — 1 Kimball Ave. (30 -33) SE48 -2408 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Golding Recused Bennett Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Motion Motion to Issue as amended. (brescher) Seconded Vote Carried 4. Nineteen Baxter Road LLC — 19 Baxter Road (49.2.3 -14) SE48 -2410 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Golding Recused Bennett Documentation Supporting documents and plans, staff recommendations. Representative Public None Discussion Motion Motion to Issue. (Brescher) Seconded Vote Carried 5. Discussion of other closed notice of intent public hearings a. Meyers — No additional discussion b. Phyljan Realty Trust Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Staff — Can specifically call out additional resource areas. Will put together language. Want to add language to the application that filing of the application grants permission for commissioners & staff and representatives to have access the property with reasonable notification. Motion Vote C. Extension Requests 1. *Tulloch — 5 Village Way (14 -47) SE48 -1952 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Documentation Supporting documents and plans, staff recommendations. Representative Public Discussion Motion Motion to Issue (Brescher) Seconded Vote Carried unanimously Page 5 of 6 Minutes Tor August 31, 2011, adopted Sept. 14 D. Other Business 1. Reports: i. CPC — John Brescher volunteer to be CPC Representative for ConCom ii. NP &EDC — Bennet — Nothing to report iii. Fertilizer Use Committee — Steinauer — In phone conversation with Tom Morris of UConn to discuss issues with slow release fertilizer, phosphorous around compost, differences in compost types. iv. Other / Miscellaneous Reports — None 2. Commissioners Comment —None 3. Administrator/ Staff Report i. Approval of Minutes July 6, July 20, Aug. 6 and Aug. 17 Motion to Approve all four minutes as amended. ( Brescher) Seconded. Carried unanimously Motion to Adjourn at 6:10 p.m. Submitted by: Terry L. Norton Page 6 of 6