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
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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
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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
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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
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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
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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
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