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Home My WebLink About2011-10-12Minutes for October 12, 2011, adopted Nov. 9 NANTUCKET CONSERVATION COMMISSION S 3� �U Updated Agenda for Wednesday, October 12, 2011 RAI 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 *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 (cont to 10/26) 2. Heneghan — 47 Massachusetts Ave. (60.3.4 -97) SE48 -2374 Sitting Oktay (acting chair), Brescher, Braginton- Smith, Bennett, Golding Recused Karberg & Steinauer Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, LEC Environmental Consultants, Inc. — No work to be done between April and August, nesting season. Construction equipment will be confined to property. Request continuance until 10/26 Paul Santos, Nantucket Surveyors Public Emily MacKinnon, Nantucket Land Council — In light of the Town Council ruling, ConCom should re- evaluate performance standards. Ernie Steinauer, Massachusetts Audubon — Concerned about what the existence of the dwelling will have on vehicle access to Smith's Point. Mark Rits, Site Design Engineering, for abutter Levine — Seasonally, mean -low and mean -high conditions vary. Discussion Oktay — Letter from abutter, Richard Grey, refers to buildings that are no longer on the site, so would like to hear from him again in regards to the present conditions. Want independent calculation on the erosion rate of the area. Though the applicant qualifies for a waiver, ConCom still evaluates the situation without obligation to grant the waiver. Two letters from Massachusetts Natural Heritage (MNH) conflict: one is strictly on Massachusetts Endangered Species Act (MESA) review, the other relates strictly to wetlands protection which the applicant has to work out with the State. What happens if the house ends up on stilts without access for occupants? Staff — Can provide something in writing about how access will be handled. Can put together a performance standard "cheat sheet." Will provide information for orders and a removal protocol. Action Continued Vote N/A Sconset Beach Preservation Fund — 63 -67 and 79 -83 Baxter Road SE48 -2395 (cont to 10/26) Page 1 of 6 Minutes for October 12, 2011, adopted Nov. 9 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 — Applicant's team is responsible for putting in place habitat management plan in conjunction with MNH. Request that hearing be closed. Public None Discussion Staff — Continued last time to allow time to hear from MNH. ConCom is not excluded from taking future action at a later date for something not done or done incorrectly. Any management plan put in place needs to be something the applicant is able to do. Oktay — If we issue orders today, do we give up rights to mitigation? Steinauer — All things considered, this is a good solution. Action Action to Close. (Braginton- Smith) seconded Vote Carried Unanimously 5. Locke — 34B Grove Lane (41 -433) SE48 -2416 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 Public None Discussion Steinauer - Can look at "native" species in various aspects: country, state, island. We probably do not want to swap out a native plant for an off - island sub - specie. They can bring in any plans of subsequent changes by the end of next week. Action Action to Close. (Braginton- Smith) seconded Vote Carried Unanimously 6. Waters Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 10/26) 7. *Chiu — 33 Squam Road (21 -2) SE48 -2418 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Lindsey Congleton, Atlantic Landscaping Public None Discussion No comments Action Action to Close. ( Oktay) seconded Vote Carried Unanimously 8. *Gut — 13 Columbus Ave. (59.3 -110) SE48 -2419 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 No comments Action Action to Close. (Bennett) seconded Vote Carried Unanimously Page 2 of 6 Minutes for October 12, 2011, adopted Nov. 9 III. PUBLIC MEETING A. Requests for Determination of Applicability 1. *Chiles Holdings LTD — 18 Cherry Street (55 -379) Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors Public N/A Discussion No comments Action Action to Issue. ( Oktay) seconded Vote Carried Unanimously B. Certificates of Compliance 1. *Tabak — 92 Cliff Road (30 -268) SE48 -2400 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion No comments Action Motion to Issue. ( Oktay) seconded Vote Carried Unanimously 2. *Colton — 306 Polpis Road (20_73) SE48 -2320 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Action Motion to Issue. (Bennett) seconded Vote Carried Unanimously 3. *Schwartz — 17 Nonantum Ave. & 3 Western Ave. (87 -58 &108) SE48 -2023 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Action Motion to Issue. (Bennett) seconded Vote Carried Unanimously 4. *Schwartz — 17 Nonantum Ave. & 2& 3 Western Ave. (87 -58, 59 &108) SE48 -21 -225 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Action Motion to Issue. (Bennett) seconded Vote Carried Unanimously Page 3 of 6 Minutes for October 12, 2011, adopted Nov. 9 5. *Schwartz — 4 Western Ave. (87 -60) SE48 -2215 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Action Motion to Issue. (Bennett) seconded Vote Carried Unanimously 6. * Dowling— 5 New Hummock Circle (56 -234) SE48 -1376 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion No comments Action Motion to Issue invalid order. ( Oktay) seconded Vote Carried Unanimously 7. *Dowling — 5 New Hummock Circle (56 -234) SE48 -1730 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion No comments Action Motion to Issue. (Brescher) seconded Vote Carried Unanimously 8. *Lemberg — 4 Beaver Street (55.1.4 -76) SE48 -2378 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton - Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion No comments Action Motion to Issue. ( Braginton- Smith) seconded Vote Carried Unanimously Page 4 of 6 Minutes for October 12, 2011, adopted Nov. 9 C. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) 1. *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 None Public Discussion Action Motion to Issue. (Brescher) seconded Vote Carried Unanimously 2. *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 None Discussion Staff — Can reword conditions to say, "All demolition within the resource area to be done by hand." Coastal dune resource area. Action Motion to Issue as amended. (Brescher) seconded Vote Carried Unanimously 3. Norwood Farm Trust — 243 Polpis Road (46 -1) SE48 -2415 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 Public Bruce Perry, Consultant Conservation Commission Discussion Staff — Need to clarify that Condition 19 applies specifically to the erosion control work area. Can scratch the condition concerning bringing in topsoil. Action Motion to Issue as amended. ( Oktay) seconded Vote Carried Unanimously 4. Discussion of other closed notice of intent public hearings — Locke, Chiu & Gut. Chiu & Gut are straight forward. With amendment of site plan and planting list for Locke, also straight forward. Page 5 of 6 Minutes for October 12, 2011, adopted Nov. 9 D. Other Business 1. Reports: i. CPC — J. Brescher: discussion about application by shooting range. ii. NP &EDC — E. Steinauer iii. Fertilizer Use Committee — E. Steinauer iv. Other /Miscellaneous Reports HPIC — S. Oktay Shellfish Management Plan — S. Oktay 2. Commissioners Comment -None 3. Administrator/ Staff Report i. Reissue Order SES48 -2405 — 15 Fulling Mill Road, need to reissure changing word "dwelling" to "structure" Motion to Re -Issue with change. ( Brescher) seconded Carried Oktay & Karberg recused ii. Enforcement Orders — 2 North Beach Street, significant cutting has taken place. Issued a Cease and Desist and ordered natural vegetation to be allowed to return. Motion to Ratify (Braginton- Smith) seconded. Carried Unanimously John DeSouza Sea Coast Consulting — (Recording this portion of meeting.) Applicant was not invited to public hearing portion in regards to the Issuance of the Enforcement Order and so would not have been allowed to voice concerns. Contends that the violation form ConCom staff uses does not follow the state enforcement form. ConCom uses Form 9A. (Staff — Form 9A is from the state.) What are the resource areas and are they available for review? Want to see file that encumbered property with other resource areas. Motion to Adjourn at 6:43 p.m. Submitted by: Terry L. Norton Page 6 of 6