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Home My WebLink About2011-12-21Minutes for December 21, 2011, adopted Jan. 4, 2012 7UC +Er NANTUCKET CONSERVATION COMMISSION S Updated Agenda for Wednesday, December 21, 2011 +roMAI 4:00 P.M. on the 2"d 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 4:01 p.m. Staff in attendance: J. Carlson N Attending Members: Ernst Steinauer (Chair), Sarah Oktay (Vice chair), Jennifer Kerb_erg, 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. *Kerr — 46 Wauwinet Road (14 -29) SE48 -2425 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (4:01) Peter Ogren, Hayes Engineering — Considering use of a recirculating- sand - filter system. Request continuance. Public None Discussion Staff — Whatever goes in will require some type of monitoring. Have never allowed a new septic system within 100 feet of wetlands buffer. Steinauer — Looks like there will be some grading on the property. Oktay — Septics used only in the summer can be problematic due to drying during the off - season. Steinauer — Would like to see engineering specs on chosen septic system and culvert. Staff — In the meantime, ConCom staff can work with engineer and owner on delineation. Motion Continued to January 18. Vote Carried without objection 2. Nantucket Islands Land Bank — 30B Washington Street (42.3.2 -23.3) SE48 -2432 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (4:31) Bruce Perry, Nantucket Islands Land Bank Public None Discussion Staff — Were waiting only for file number. Motion Motion to Close. ( Braginton- Smith) seconded Vote Carried Unanimously Page 1 of 8 Minutes for December 21, 2011, adopted Jan. 4, 2012 3. Clifthanger Trust — 83 Eel Point Road (32 -12) SE48 -2429 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (4:32) Arthur D. Gasbarro, Blackwell and Associates Inc — Request continuance. Public None Discussion None at this time. Motion Continued to January 4 Vote Carried without objection 4. * UMASS- Boston— 180 Polpis Road (26 -1) SE48 -2430 Sitting Steinauer, Brescher, Braginton- Smith, Bennett, Golding Recused Oktay, Karberg Documentation Supporting documents and plans, staff recommendations. Representative (4:34) Arthur D. Gasbarro, Blackwell and Associates Inc. — Request continuance Public Oktay, UMASS Field Station Public None Discussion Staff — Once we have Massachusetts Heritage sign off, can draft the notice. Motion Continued to January 4. Vote Carried without objection 5. Brecker — 4 Harbor View Way (42.4.1 -30) SE48 -2431 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Staff — Were waiting for file number Motion Motion to Close. (Brescher) seconded Vote Carried Unanimously 6. McGowan — 10 Bassett Road (26 -39) SE48 -2427 Sitting Steinauer, Brescher, Braginton- Smith, Bennett, Golding Recused Oktay, Karberg, Documentation Supporting documents and plans, staff recommendations. Representative (4:43) Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously 7. *Lewis — 124 Tom Nevers Road (91 -43.2) SE48 -4233 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (4:45) Brian Madden, Laurentide Environmental Consultants, Inc. Public None Discussion Oktay — Concern that wooden stairs will cause scouring. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously Page 2 of 8 Minutes for December 21, 2011, adopted Jan. 4, 2012 8. *Vero Ventures, LLC — 18 Cherry Street (55 -379 portion) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (4:52) Paul Santos, Nantucket Surveyors — Request continuance. Public None Discussion Staff — Need MA DEP number. Motion Continued to January 4. Vote Carried without objection 9. *Lipp & Berman — 251 Polpis Road (25 -24) SE48- (cont to 1/4) 10. *Sixteen Monomoy Road N.T. — 16 Monomoy Road (54 -52) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (4:54)Nathan McMullen — Request continuance. Public Emily MacKinnon, Nantucket Land Council — Performance standards in regards to piers and walkways determined to be of water use. Discussion Staff — Need MA DEP number. Bennett — A 36 -inch walkway requires a railing; this creates a nearly 6 -foot barrier to wildlife. Staff — Applicant needs to clear up whether or not this is a dock/pier. Motion Continued to January 4 Vote Carried without objection 11. *Hopkins, Trustee — 7 Hallowell Lane (30 -93) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (5:13) None Public None Discussion Staff — Have problems with the application, incomplete. Was hoping someone would be at this meeting. Motion Continued while staff attempts to reach applicant Vote Carried 12. Water's Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 1/18) Page 3 of 8 Minutes for December 21, 2011, adopted Jan. 4, 2012 13. Sconset Beach Preservation Fund — 63 -67 & 79 -83 Baxter Road SE48 -2395 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Provided at meeting by representative, a summary of key topics from the Notice of Intent and public hearing process. Representative (5:14) Barry Fogel, Attorney Keegan Werlin LLP Brian Jones, Regional Director Ocean and Coastal Consultants — request continuance. Lester Smith Jr., Environmental Scientist Epsilon Associates Inc. Public Emily MacKinnon, Nantucket Land Council — Summary of submitted letter. Cormac Collier, Executive Director Nantucket Land Council Bam Lafarge — What are the volume predictions out of the Myles Reis pit? D. Anne Atherton — Summary of submitted comments. Retreat analysis seemed cursory. Assertion of public benefit, this is really a proposal to protect private property. Public access to ` Sconset Footpath. Discussion Staff — Will have to be continued to allow the public to review information submitted late. Bennett — Sediment mitigation budget seems unrealistic if the project increases in size. Need to consider scour affect on adjacent lots. Have never seen buildup along that beach. Oktay — The packet has a comparison between the gabions to a sea wall, not to sand. Sand is smaller and more permeable and would like to see a paper showing a comparison of this design to a natural bank. Would like to see environmental papers that relate to temperatures similar to this area. Strongly disagree with paragraph about affect on marine biology. Steinauer — Would like an explanation of what the reflection coefficient means and what is a breaker parameter. Would be interesting to see how this does in regards to beach buildup. Predictions of sea -level rise have been increased to six feet by the end of the century and wonder at the affect on the projected life -span of the project. Golding— Would like to see information on sand saturation. Karberg — Failure criteria, there is the potential that adjacent properties will see an increase in the rate of erosion at the top of the bank. Motion Continued to January 18 Vote Carried without objection B. Amended Orders of Conditions I. *Huckleberry Friend Trust — 7 Huckleberry Lane (32 -60) SE48 -2376 (cont to 1/4) III. PUBLIC MEETING A. Requests for Determination of Applicability 1. *Nantucket Island Properties — 78 Wauwinet Road (14 -18) Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative (6:44) David M. Haines, Haines Hydrogeologic Consulting Public Bruce Perry, Third -party Consultant Conservation Commission Discussion None Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously Page 4 of 8 Minutes for December 21, 2011, adopted Jan. 4, 2012 2. *Mary Mitchell Humane Fund — 11 Crooked Lane (41 -205) Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative (6:47) Brian Madden, Laurentide Environmental Consultants, Inc. Public None Discussion None Motion Motion to Issue (Brescher) seconded Vote Carried Unanimously B. Minor Modifications 1. Great Harbor Yacht Club — Washington Street Extension SE48 -1665 (cont to 1/4) C. Certificates of Compliance 1. *Theran — 11 Crooked Lane (41 -205) SE48 -998 (Reissue) Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative (6:51) None Public None Discussion None Motion Motion to Issue (Braginton- Smith) seconded Vote Carried Unanimously 2. *Nantucket Islands Land Bank — 15 North Liberty Street (42.3.4 -2) SE48 -1992 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (6:52) None Public None Discussion None Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously 3. *Rushmore— 27 Walsh Street (29 -80) SE48 -2269 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (6:53) None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously Page 5 of 8 Minutes for December 21, 2011, adopted Jan. 4, 2012 4. *Cosgrove — 10 North Star Lane (30 -208) NAN -100 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (6:54) None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously 5. *NHM Realty, LLC — 77 Easton Street (42.4.1 -35) SE48 -1859 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (6:55) None Public None Discussion None Motion Motion to Issue. (Bennett) seconded Vote Carried Unanimously D. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) 1. *Thornburg — 273 & 281 Hummock Pond Road (83- 3,41 &42.2) SE48 -2423 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative (6:56) William Hunter Mark Rits, Site Design Engineering Public None Discussion Explanation of conditions Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried Unanimously 2. *Nantucket Islands Land Bank — 30B Washington Street (42.3.2 -23.3) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (7:00) None Public None Discussion Steinauer — Want one of the conditions to be no fertilizers. Motion Motion to Issue as amended. (Brescher) seconded Vote Carried Unanimously 3. *Brecker — 4 Harbor View Way (42.4.1 -30) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (7:03) None Public None Discussion None Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously Page 6 of 8 Minutes for December 21, 2011, adopted Jan. 4, 2012 4. *91 Low Beach Road LLC — 91 Low Beach Road (Layout) (75 -301) SE48 -2353 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative (7:04) Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Staff — Prepared a denial Motion Motion to Issue. (Brescher) seconded Vote Carried Unanimously 5. *Badger — 91 West Chester Street (41 -827) SE48 -2421 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (7:06) Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Description of conditions. Motion Motion to Issue. (Brescher) seconded Vote Carried Unanimously 6. Discussion of other closed notice of intent public hearings E. Extension Request 1. *Nantucket Islands Land Bank — 9 Wanoma Way (92.4 -321) SE48 -2117 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Permit extended by permit extension act, no extension needed at this time. Representative (7:10) Bruce Perry, Nantucket Islands Land Bank Public None Discussion None Motion None Vote None 2. *NHM Realty, LLC — 77 Easton Street (42.4.1 -35) SE48 -1986 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative (7:12) None Public None Discussion For work on pool. Work is in compliance, just not finished. Motion Motion to Approve extension. (Bennett) seconded Vote Carried Unanimously Page 7 of 8 Minutes for December 21, 2011, adopted Jan. 4, 2012 F. Other Business Reports: i. CPC — Brescher ii. NP &EDC — Bennett iii. Fertilizer Use Committee — Steinauer iv. Mosquito Control Committee — Braginton -Smith v. Other /Miscellaneous Reports — Oktay, Shellfish Management Plan 2. Commissioners Comment: None Administrator: i. Staff Reports — a. Coastal Management Plan b. Chapter 91 application from Madaket Marine (Paul Santos, Nantucket Surveyors) c. Discussion of violations and issuance of Enforcement Orders and Cease and Desist Orders (Ben Normand, Rowland and Associates for Gale Arnold, 110 Wauwinet Road, in regards to neighbor's violations.) 87, 93 & 95 Eel Point Road. Motion to Ratify all three Enforcement Orders. (Braginton- Smith) seconded Carried Unanimously ii. Approval of Minutes — None Motion to Adjourn at 7:55 p.m. Submitted by: Terry L. Norton Page 8 of 8