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Home My WebLink About2012-1-4Minutes for January 04, 2012, adopted Jan. 21 o`a1.,%TUC/rfJ. NANTUCKET CONSERVATION COMMISSION ' Updated AFenda for Wednesday, January 04, 2012 0 o AtEO. 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 bard before you begin Called to order at 4:03 p.m. Staff in attendance: J. Carlson Attending Members: Sarah Oktay (Vice chair), Jennifer Kerberg, John Brescher, John? Braginton- Smith, Andrew Bennett (Temporary vice chair), Ian Golding Absent Members: Ernst Steinauer (Chair), Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Public Comment 1. Bill Hunter for 93 & 99 Eel Point Road; responding enforcement order. Staff — Spoke to Toscana, which was doing the work. This includes 87 Eel Point Road. To be heard at January 18 meeting. 2. Leslie Johnson for parents; in regards to grading at 26 Walsh Street that will create water drainage issues. Staff — Spoke to landscaper and attorney for property owners about enforcement order. Enforcement update for Commissioners pending. IL PUBLIC HEARING A. Notice of Intent (4:14) 1. Cliffhanger Trust — 83 Eel Point Road (32 -12) SE48 -2429 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Received sign -off from Massachusetts Heritage. Public None Discussion (4:15) Staff — The state has no defined criteria for Coastal Dunes and Dune Fields. That issue is being addressed. Oktay — Concerned about building in the 25 to 50 foot buffer zone. Motion Motion to Close. (Bennett) seconded Vote Unanimously 2. UMASS- Boston — 180 Polpis Road (26 -1) SE48 -2430 (cont to 1/18) (4:33) 3. Vero Ventures, LLC — 18 Cherry Street (55 -379 portion) SE48 -2434 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors Public None Discussion None Motion Motion to Close. ( Braginton- Smith) seconded Vote Unanimously Page 1 of 5 Minutes for January 04, 2012, adopted Jan. 21 (4:36) 4. Lipp & Berman — 251 Polpis Road (25 -24) SE48 -2436 Sitting Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg, Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Oktay — It is such a steep grade that the travel velocity will be fast; that will affect infiltration rate. Motion Motion to Close (Braginton- Smith) seconded Vote Unanimously (4:45) 5. Sixteen Monomoy Road N.T. — 16 Monomoy Road (54 -52) SE48 -2435 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Nathan McMullen — Request continuance. Roy Okorowski, Coastal Engineering of Orleans Public Emily MacKinnon, Nantucket Land Council Discussion Oktay — Would like to see maps with the high tide and mean high water marks. This looks and acts like a pier; don't allow any docks or piers in Nantucket or Madaket harbors. Any time you put a structure in a salt marsh, you impact the footprint of the salt marsh. Golding — Agree that it does not look like a walkway; regulations are explicit about where they go. Motion Continued to Jan. 18 Vote N/A (5:05) 6. *Dunphy & Colella— 32 Tennessee Ave, & 9 I St. (60.1.2- 41 &32) SE48 - Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Request continuance and will supply revised plans a supplemental response to concerns raised by the commission and the public. Maureen Dunphy Richard Glidden Public Emily MacKinnon, Nantucket Land Council Discussion Karberg — The ditch could drift toward the posts that are proposed only three feet away; perhaps should be shifted a little farther away. Oktay — The existence of this walkway could preclude the access rights of other titled property owners. Motion Continued to January 18 Vote N/A (5:32) 7. *Verney — 25 Capaum Pond Road (40 -10) SE48 - Sitting Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg, Documentation Supporting documents and plans, staff recommendations. Representative Bob Emack — Request continuance Public None Discussion None Motion Continued to January 18 Vote N/A Page 2 of 5 Minutes for January 04, 2012, adopted Jan. 21 (5:36) 8. *Town and County of Nantucket Planning Office — Hummock Pond Rd SE48 - Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused Brescher, Documentation Supporting documents and plans, staff recommendations. Representative Mike Burns, Nantucket Planning Office — Request continuance. Joseph Magni Jr., Vanasse Hangen Brustlin, Inc., project manager Cisco Bike Path Lisa Stanley, Vanasse Hangen Brustlin, Inc., resource scientist Public Emily MacKinnon, Nantucket Land Council — Land Council holds Conservation Restriction along property of the Hummock Pond Homeowners Association. Nantucket Land Counsel wants conditional approval of final plans involving the replication area. Cormac Collier, Nantucket Land Council — Do not want to see wetlands replication on property for which Nantucket Land Counsel holds the Conservation Restriction. Discussion Braginton -Smith — With proposed mitigation and wetlands replacement, this project has great merit. Oktay — Want to know how many cubic feet of fill will need to be brought in and where it will come from. Need to have a plan to keep invasive species from spreading along the path. Welcome innovative ideas on wetlands mitigation along the path route. Would prefer to see use of cold rolled asphalt. Motion Continued to January 18 Vote N/A B. Amended Orders of Conditions 1. *Huckleberry Friend Trust — 7 Huckleberry Lane (32 -60) SE48 -2376 (cont to 1 /18) (6:27) 2. *NHM Realty Trust — 77 Easton Street (42.4.1 -35) SE48 -2072 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Bob Emack Public None Discussion Golding — Concerned about where the debris and detritus from drilling the geothermal well will go. Motion Motion to Issue as amended. (Braginton- Smith) seconded Vote Unanimously III. PUBLIC MEETING A. Requests for Determination of Applicability (6:34) 1. * Wickser — 68 Madaket Road (41- 200.2) Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Bob Emack Public Bruce Perry, Third -party Consultant Conservation Commission Discussion None Motion Motion to Issue as recommended. ( Brescher) seconded Vote Unanimously Page 3 of 5 Minutes for January 04, 2012, adopted Jan. 21 B. Minor Modifications 1. Great Harbor Yacht Club — Washington Street Extension SE48 -1665 (cont to 1/8) 2. * Steamship Authority — 1 Steamboat Wharf (42.4.2 -13, 14,15, & 10 1) Sitting 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 Issue as recommnended. (Brescher) seconded Vote Unanimously B. Minor Modifications 1. Great Harbor Yacht Club — Washington Street Extension SE48 -1665 (cont to 1/8) (6:41) 2. * NHM Realty Trust — 77 Easton Street (42.4.1 -35) SE48 -2072 Sitting 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 Approve. (Brescher) seconded Vote Unanimously (6:50) C. Certificates of Compliance 1. *Rowland — 15 Commercial Wharf (42.2.4 -9) SE48 -1265) Sitting 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. (Braginton- Smith) seconded Vote Unanimously D. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) 1. *UMASS Boston — 180 Polpis Road (26 -39) SE48 -2427 (cont to 1/18) (6:52) 2. *McGowan — 10 Bassett Road (26 -39) SE48 -2427 Sitting Brescher, Braginton- Smith, Bennett (acting chair), Golding Recused Oktay, Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue as amended. (Brescher) seconded Vote Unanimously Page 4 of 5 Minutes for January 04, 2012, adopted Jan. 21 3. *Lewis — 124 Tom Nevers Road (91 -43.2) SE48 -2433 Sitting 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 Issue as drafted. (Brescher) seconded Vote Unanimously (6:57) 4. *Vero Ventures, LLC — 18 cherry Street (55 -379 portion) SE48 -2434 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors Public None Discussion None Motion Motion to Issue as drafted. (Brescher) seconded Vote Unanimously 5. Discussion of other closed notice of intent public hearings i.Cliffhanger Trust, 83 Eel Point Road ii.Lipp- Berman, 250 Polpis Road (7:04) E. Extension Request 1. *Nantucket Islands Land Bank — 9 Wanoma Way (92.4 -321) SE48 -2117 Sitting Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Bruce Perry, Nantucket Islands Land Bank Public None Discussion Permit still valid for another year. Motion None necessary Vote N/A F. Other Business 1. Reports: i. CPC — Brescher ii. NP &EDC — Bennett iii. Fertilizer Use Committee iv. Mosquito Control Committee — Braginton -Smith v. Other /Miscellaneous Reports — Oktay, Shellfish Management Plan & Harbor Plan 2. Commissioners Comment: None 3. Administrator: i. Staff Reports — 2 Enforcement Orders for Eel Point Road, 2 Enforcement Orders for Wauwinet Road; 26 Willard Street Cease and Desist; Macatee Polpis Road Enforcement Order; Docks and Piers versus Elevated Walkways. 6 Appeals pending. ii. Approval of Minutes — Nov. 30 & Dec. 21 (as corrected by Jeff) Motion to Adjourn 7:20 p.m. Submitted by: Terry L. Norton Page 5 of 5