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Home My WebLink About2011-10-26iVIIMA.w l./Vly Vlil LV, Lvl 11 allviJll.11 1VVV. 7 TUC-.� NANTUCKET CONSERVATION COMMISSION 3 N Updated Agenda for Wednesday, October 26, 2011 OpPoRAI 9 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 Ian Golding Absent Members: Braginton- Smith, Andrew Bennett, *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 Sitting Steinauer, Oktay, Brescher, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Arthur Reade — Ask for continuance to Nov. 9. Public Sarah Alger, for three abutters — Do not believe endangered plants should be moved to accommodate development. Denial would not create a hardship; ConCom is not obligated to approve this project. Cormac Collier, Nantucket Land Council — Echo Alger's comments. When there is no oversight to ensure maintenance, the transplanted plant tends to die. Discussion Staff — Still waiting for Massachusetts Natural Heritage packet. Steinauer — Would like see the Massachusetts Natural Heritage recommendations and have the opportunity to read associated letters. Oktay — Staff should look up to see if ConCom has sent a letter of recommendation to the Planning Board and draft one if not. Motion Continued to Nov. 9 Vote Carried without objection 2. Heneghan — 47 Massachusetts Ave. (60.3.4 -97) SE48 -2374 Sitting Steinauer, Brescher, Golding Recused Oktay, Karberg, Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, LEC Environmental Consultants, Inc. Public None Discussion None at this time Motion Continued due to lack of a quorum Vote N/A 3. Sconset Beach Preservation Fund — 63 -67 and 79 -83 Baxter Road SE48 -2395 (cont to 11/9) 4. Waters Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 11/9) Page 1 of 5 1V1111UL%J3 LV, LV111 Ql1V1JmU 1VVV. 7 5. *Everets — 28 Willard Street (29- 112.2) SE48 -2420 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John Bracken, Bracken Engineering Arthur Reade Public None Discussion None Motion Motion to Close. (Brescher) seconded Vote Carried Unanimously 6. *Badger — 91 West Chester Street (41 -827) SE48 -2421 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — Request continuance. Public Cormac Collier, Nantucket Land Council — No more than 50% of the 25 to 50 foot buffer area can be altered. Bruce Perry, Third -party Consultant Conservation Commission Discussion Steinauer — Use of phosphorous fertilizer that close to the pond is a concern. Would like to see a soil test. Oktay — Need to verify that location of shed is not on neighbor's property or in an easement. Motion Continued to Nov. 9 Vote N/A 7. *Cunningham — 103 Eel Point Road (32 -6) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering Public None Discussion None Motion Continued to Nov. 9 pending file number Vote N/A 8. *Thornburg — 273 & 281 Hummock Pond Road (83- 3,41 &42.2) SE48 -2423 Sitting Steinauer, Oktay, Brescher, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering William Hunter — Request continuance to Nov. 9 Public Bruce Perry, Third -party Consultant Conservation Commission — Placing a sand ramp at end of road encourages driving off the end of the road and onto the beach. Discussion Oktay — Affect of the fence on erosion and vice versa. Staff — Should talk to Department of Public Works and create an access plan for getting equipment onto the beach. Steinauer — A single roll of drift fence is not considered structural Motion Continued to Nov. 9 Vote N/a Page 2 of 5 iviiiiuLw v%,wv%,i c.v, /.VI i, auvyuwu ivvv. i 9. *Thirty Seven Squarn Road NA. — 41 Squam Road (13-2-)) - Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, LEC Environmental Consultants, Inc. — Request continuance. Public Cormac Collier, Nantucket Land Council — No more than 50% of the 25 to 50 foot buffer area can be altered. Discussion Steinauer — We need to have them review the 50% no disturb a per -lot basis. Motion Continued to Nov. 9 Vote N/A B. Amended Orders of Conditions 1. *Thirty Seven Squam Road N.T. — 37 Squam Road (13 -26) SE48 -2393 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, LEC Environmental Consultants, Inc. Public Cormac Collier, Nantucket Land Council Discussion None at this time. Motion Continued to Nov. 9 Vote N/A III. PUBLIC MEETING A. Minor Modifications 1. *Playe — 5 California Ave. (60.3.1 -448 & 60.2.4- 37 &38) SE48 -2251 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John Bracken, Bracken Engineering Public None Discussion None Motion Motion to Approve change. (Brescher) seconded Vote Carried Unanimously 2. *Cosgrove — 10 North Star Lane (30 -208) NAN -100 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion No comments Motion Motion to Approve. ( Oktay) seconded Vote Carried Unanimously Page 3 of 5 1V1111UL1.3 VVLV VL+1 GV, L.V11, al%JjJLl.0 1VVV. 7 B. Certificates of omp iance 1. *Merson — 71 Baxter Road (49 -26.1) SE48 -2138 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously 2. *Minella, Trustee — 68 and 72 North Liberty Street (41 -234) SE48 -2216 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering Public None Discussion Staff — Recommend issue with on -going condition 19. Brescher — Recommend Vote commissioners visit the site; the houses are quite big. Motion Motion to Issue with on -going condition. (Brescher) Seconded Vote Carried Unanimously C. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) 1. *Locke — 34B Grove Lane (41 -433) SE48 -2416 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors Public None Discussion Steinauer — Need to add condition 21 Motion Motion to Issue as amended. (Brescher) seconded Vote Carried 4- 1//Opposed: Oktay 2. *Chiu — 33 Squam Road (21 -2) SE48 -2418 Sitting Steinauer, Oktay, Karberg, Brescher, 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 3. *Gut - 13 Columbus Ave. (59.3 -110) SE48 -2419 Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue as amended. ( Oktay) seconded Vote Carried Unanimously Page 4 of 5 ivuuuwa /.V, c.vt It auvyu u INV V. i 4. Discussion ot other closed notice ot intent public hearings — Everets & Cunningham D. Other Business Reports: i. CPC — Brescher ii. NP &EDC — Steinauer iii. Fertilizer Use Committee — Steinauer: bill working through legislature that would ban all fertilizer use. iv. Other /Miscellaneous Reports a. Shellfish Management Plan — Oktay b.Harbor Plan — Oktay 2. Commissioners Comment — None 3. Administrator /Staff Report i. Approval of Minutes — 9/14/2011 and 9/28/2011 adopted by unanimously consent ii. Great Harbor Yacht Club Water Sampling Report Sitting Steinauer, Oktay, Karberg, Brescher, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — Club would like to discontinue sampling. Have taken a large number of samples and numbers have been very consistent. At least would like to drop back sampling and drop criteria for bacteria and BOCs. High bacteria numbers is due to the fact it is a wet system, so not much we can do to decrease that count. No sewer on site; it is totally closed. Public Cormac Collier, Nantucket Land Council Discussion Oktay — Would advocate sampling continue another year. Should defiantly continue conversation on this next week to give commissioners time to review the report. Golding — Have a system that is compromised. Steinauer — There is going to be a difference between what is in the tank and what is in the harbor. Motion Commission will review issued permits and one year's worth of findings. Vote N/A iii. Enforcement Actions a. West Chester Street wetlands — Have tried to talk to the owner. Not visible from the road. b.2 North Beach Street — Massachusetts Department of Environmental Protection (DEP) to issue superseding order of condition. DEP informed the owner that they are not allowed to do any site work once an appeal has been submitted. They do have to deal with the isolated wetlands — either prove it no longer exists or work around it. c. Harbor related Grants to be handed out Friday. Some areas that can be considered include water sampling in harbor and shell fish propagation, and scallop collection/count. Adjourned: 7:00 p.m. Submitted by: Terry L. Norton Page 5 of 5