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Home My WebLink About2011-9-28..,..,,.r.,.... _... ... ....... ....r..,.. ".,.. __ Ot��NrucM fr o: 0 NANTUCKET CONSERVATION COMMISSION yd Wednesday, September 28, 2011 RO 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: None j Agenda adopted by unanimous consent *flatter has not been heard J I. PUBLIC MEETING A. Public Comment s } II. PUBLIC HEARING -� A. Notice of Intent 1. 91 Low Beach LLC — 91 Low Beach Road (Layout) (75 -031) SE48 -2353 — Continued to October 12 2. Heneghan — 47 Massachusetts Ave. (60.3.4 -97) SE48 -2374 — Continued to October 12 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 Reade — Request continuance to allow third -party consultant to review project and respond. Brian Jones, Coastal Engineer Ocean and Coastal Consultants — 100 -year storm is the design parameter. Les Smith, Coastal Geologist Epsilon Associates Gary Folger, Environmental Legal Consultant Joshua Posner 77 Baxter Road, SBPF Representative Public Emily MacKinnon Nantucket Land Council Trey Ruthven Applied Coastal Research and Engineering in Mashpee Bob Felch, 11 Morey Lane, `Sconset Trust Page 1 of 6 Discussion Oktay & Golding — Believe the erosion rate is underestimated. Golding would like a breakdown and records of "budgetary deficit" of replacing sand. Steinauer — This commission needs to consider what the failure criteria are and write it into the conditions. This commission is also concerned about how this project will affect accretion of other beaches. Con Com by -laws consider not only 1978 construction date but also substantially improved, which is 20 percent increase in footprint. Will need to see Building Department documentation on what kind of work has been performed, on the houses in the project area, what 78 condition was and any changes in the footprint. My feeling is the commission needs to either permit the work on six houses or see this thing laid out for whole potential project on 12 houses. We need to hear numbers for the whole thing. Need to know what it will take to renourish 12 lots. Our decision will rest on the Wetlands Protection regulations and associated legal criteria. Motion Continued to October 12 Vote No objection 4. Norwood Farm Trust — 243 Polpis Road (46 -1) SE48 -2402 — Continued to October 12 5. UMASS- Boston— 180 Polpis Road (26 -1) SE48 -2413 Sitting Steinauer, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg & Oktay Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Close. Seconded Vote Carried Unanimously 6. Providence Associates LLC — 11 Village Way (14 -46) SE48 -2414 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 No concerns Motion Motion to Close. Seconded Vote Carried Unanimously 7. *Frazier — 33 Jefferson Ave. (30 -123) SE48 -2415 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 Jane Silva, 35 Jefferson Avenue Discussion No comments Motion Motion to Close. Seconded Vote Carried Unanimously Page 2 of 6 8. *Locke — 34B Grove Lane (41 -433) SE48- Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors David M. Haines, Haines Hydrogeologic Consulting Susan Locke Public None Discussion None Motion Continued to October 12 due to lack of file number Vote No objections 9. *Waters Edge N.T. — 16 Medouie Creek Road (20 -26) SE48- 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 waiver for work within 25 feet horizontally for the driveway and allow poured footing to be within two feet of the ground water. David M. Haines, Haines Hydrogeologic Consulting William Hunter Public Jen Karberg, Nantucket Conservation Foundation — Speaking to the east side of the driveway, in the wetland salinity is about 25 parts per thousand as of Monday morning. Emily MacKinnon, Nantucket Land Council Dan Bailey, representing Donald and Katie O'Brien Donald O'Brien Whit Gifford Jim Lentowski, Nantucket Conservation Foundation Discussion Oktay — Not sure a Culvert is not a good idea. If you have fertilizer and more fresh water going into the system, it will affect the down gradient system. Staff — 2 '/2 acres of disturbance. Steinauer — Would like a salinity measurement on especially the pond that the driveway crosses. Motion Continued to October 12 due to lack of file number Vote No objections B. Amended Orders of Conditions 1. * 11 North Road N.T. —11 North Road (43 -131) SE48 -2324 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Chris Horiuchi, Horiuchi Solien Architects Public None Discussion None Motion Motion to Approve. Seconded Vote Carried Unanimously Page 3 of 6 2. *Treerock Realty Trust — 28 Gardner Road (43 -132) SE48 -2325 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Chris Horiuchi, Horiuchi Solien Architects Public None Discussion None Motion Motion to Approve. Seconded Vote Carried Unanimously C. Abbreviated Notice of Resource Area Delineation 1. 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 Arthur Reade, Reade Gullicksen Hanley & Gifford LLP, Mark Rits, Site Design Engineering Public None Discussion None Motion Motion to Close. Seconded Vote Carried Unanimously III. PUBLIC MEETING A. Certificates of Compliance 1. *Long — 5 Bartlett Farm Road (65 -14, 15 & 15.1) SE48 -2370 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, 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 Issue. ( Oktay) Seconded Vote Carried Unanimously 2. *Greenby — 15 Wanoma Way (92.4 -301) SE48 -163 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. ( Oktay) Seconded Vote Carried Unanimously Page 4 of 6 3. *Cowperthwait — 69 Baxter Road (49 -25) SE48 -1018 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative William Hunter, representing owner Arthur Reade, representing buyer Public None Discussion Staff - No coastal engineering of any kind allowed at any time as per Order of Conditions. This is within the area of the SBFP project. Motion Motion to Issue with on -going conditions. ( Oktay) Seconded Vote Carried Unanimously 4. * 1908 Realty Trust — 47 Monomoy Road (54 -295) SE48 -2316 Sitting Steinauer, Brescher, Oktay, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. Seconded Vote Carried Unanimously B. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) 1. * UMASS- Boston— 180 Polpis Road (26 -1) SE48 -2413 Sitting Steinauer, Brescher, Braginton- Smith, Bennett, Golding Recused Oktay, Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Approve. Seconded Vote Carried Unanimously 2. *Providence Associates LLC — 11 Village Way SE48 -2414 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 Hold for October 12. Vote Carried 3. Discussion of other closed notice of intent public hearings Page 5 of 6 C. Orders of Resource Area Delineation 1. 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 None Public None Discussion None Motion Motion to Approve. ( Oktay) Seconded Vote Carried Unanimously D. Other Business 1. Reports: i. CPC u. NP &EDC iii. Fertilizer Use Committee iv. Other / Miscellaneous Reports a. Harbor Plan b. Coastal Community Conference at the end of September. c. Nantucket Bio- diversity Conference. 2. Commissioners Comment - None 3. Administrator/ Staff Report — New filing fees i. Approval of Minutes - None Motion to Adjourn at 7:49 p.m. Submitted by: Terry L. Norton Page 6 of 6