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Home My WebLink About2012-1-18Minutes for January 18, 2012, adopted reb. 29 •��NTU�M`' NANTUCKET CONSERVATION COMMISSION S 3� �V r° u Minutes RAI 9' Wednesday, January 18, 2012 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 l�e lt�rrd before you begin Called to order at 4:06 p.m. D' N z Staff in attendance: J. Carlson; Terry Norton, Minutes Taker Attending Members: Ernst Steinauer (Chair), Sarah Oktay (Vice chair), Jennifer (Karb g, Jim Brescher, Andrew Bennett, Ian Golding m $—' Absent Members: John Braginton -Smith � CD rn Agenda adopted by unanimous consent ° —__0 < g Z3 rn z p *:Matter has not been heard n co PUBLIC MEETING r- 1. cn Public Comment --a Bill Hunter, for 93/99 Eel Point Road — Update. Staff. Massachusetts Department Environmental Protection (MADEP) has gotten involved. Golding: want a full chronology of what happened and when. II. PUBLIC HEARING A. Notice of Intent (4:13) 1. Kerr— 46 Wauwinet Road (14 -29) SE48 -2425 Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Peter Ogren, Hayes Engineering Inc. — Request continuance. Mark Willett, Septi -Tech Sales and Service Public Bruce Perry, Third -party Consultant Conservation Commission Cormac Collier, Nantucket Land Council Discussion Oktay — There have been times in the past this Commission has asked for a sign -off on a septic system from the Board of Health. Is there any wildlife that has to be considered in respect to the drainage pipe? Concerned about the Hydrology not changing. Staff — Request short narrative from representative clarifying the planting plan, landscaping, fertilization, and irrigation. Motion Continued to February 1. Vote Without objection (4:41) 2. UMASS- Boston— 180 Polpis Road (26 -1) SE48 -2430 Sitting Steinauer, Brescher, Bennett, Golding Recused Oktay, Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Steinauer — Article 68 Committee is moving toward eliminating organic top -soil; would be better to stockpile existing topsoil for this use. Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously Page 1 of 6 Minutes for January 18, 2012, adopted Feb. 29 (4:49) 3. Lipp & Berman — 251 Polpis Road (25 -24) SE48 -2436 Sitting Oktay (acting chair), Brescher, Bennett, Golding Recused Steinauer, Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 4. Sixteen Monomoy Road N.T. — 16 Monomoy Road (54 -52) SE48 -2435 (cont to 2/1) 5. Dunphy & Colella— 32 Tennessee Ave. & 9 I St. (60.1.2- 41 &32) SE48 -2438 (cont to 2/1) (4:52) 6. Verney-25 Capaum Pond Road (40 -10) SE48 -2439 Sitting Oktay (acting chair), Brescher, Bennett, Golding Recused Steinauer, Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 7. Town and County of Nantucket Planning Office — Hummock Pond Road SE48 -2437 (cont to 2/1) (4:54) 8. *Nantucket Property Trust — 13 Hallowell Lane (30 -11) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. — request continuance Public None Discussion None Motion Continued to February 1 Vote Without objection (4:58) 9. *Nantucket Lot 51 LLC — 90 Eel Point Road (Layout) (39 -2) SE48 - Sitting Steinauer, Oktay, Brescher, Bennett, Golding Recused Karberg, Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — request continuance Public Kathryn Pochman, Executive Director Linda Loring Nature Foundation. Cormac Collier, Nantucket Land Council Ellen Harde, 83 Eel Point Road Discussion None Motion Continued to February 1 Vote Without objection Page 2 of 6 Minutes for January 125, 2012, adopted Feb. 29 (5:09) 10. *Brewster — 25 Walsh Street (29 -35) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — request continuance Public None Discussion Oktay — Question about material of pervious patio. Motion Continued to February 1 Vote Without objection (5:13) 11. *Nantucket Hotel Holdings, LLC — 77 Easton Street (42.4.1 -35) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering — request continuance Public Cormac Collier, Nantucket Land Council Discussion Golding — Need to ensure the oil tank is above the 100 -year storm surge. Discussion in regards to existing open order of conditions versus the new request. Oktay — Want to know the capacity for storm runoff. Steinauer — Need to establish removal protocol for invasive plants. Motion Continued to February 1 Vote Without objection 12. Water's Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (coat to 2/15) (5:39) Mary Wawro recording this portion of meeting. 13. `Sconset Beach Preservation Fund — 63 -67 & 79 -83 Baxter Road SE48 -2395 Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Written comments from public. Representative Barry Fogel, Attorney Keegan Werlin LLP Brian Jones, Regional Director Ocean and Coastal Consultants Lester Smith Jr., Environmental Scientist Epsilon Associates Inc. Jamie Feeley Public Cormac Collier, Nantucket Land Council — address regulatory points Trey Ruthven, Applied Coastal Peter Kaizer D. Anne Atherton Catherine Stover Bruce Perry, Third -party Consultant Conservation Commission Discussion Golding — Had requested a schedule of how many truck loads would deliver sand and when. Part of this is predicated on delivering, and would like to see a record of past performance. Oktay — 1,844 trucks would be required to replenish all lots over 15 days; but that could change if working against a storm. The goal is to mimic natural erosion. Land Council letter expressing concerns that existing bank handling weight of crane. Want to see citations supporting scientist's findings on the effect this has on the mole -crab population. Steinauer — How do you know you're falling behind in replenishing sand? Another concern of this commission is not only sand at the project, but also the down -drift sand which needs to be maintained. Page 3 of 6 Minutes for January 125, 2012, adopted Feb. 29 (6:16) 'Sconset Beach Bennett — Lets say we have failure, we've peppered the bank with screws, dug out the Preservation toe of the bank; how much of the bank actual would be lost if all this has to be pulled Fund out? (answer: Jamie — basically, the anchors would be trimmed down rather than Discussion removed.) continued Steinauer — Would like to know where the glacial outwash material begins and beach sand ends at the base of the banks and that installation of the gabions are going won't cut into that material. Oktay — Believe the stability of the bluff will be permanently damaged when the gabions are removed. Letter from D. Roggeveen brings up some good points that need to be considered. Steinauer — If predicting 6 feet of sea -level rise by the end of the century, this project has a 40 -year life and in that time, rise in water level would higher than this proposal projects. Could applying more sand address that issue? (answer: Fogel — No, the project would meet failure sooner.) Discussion about whether or not this meets the regulator definition of a water - dependent project. Discussion about how the included structures qualify for this protection under coastal bank performance standards. Discussion of overfill factor and type of material being replaced. Motion Continued to February 1 Vote Without objection B. Amended Orders of Conditions *Huckleberry Friend Trust — 7 Huckleberry Lane (32 -60) SE48 -2376 (cont to 2/1) III.PUBLIC MEETING A. Minor Modifications Great Harbor Yacht Club — Washington Street Extension SE48 -1665 (cont to 2/1) B. Certificates of Compliance (7:22) 1. *East Creek N.T. — 12 and 14 East Creek Road (55 -52 & 57) SE48 -2379 Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Staff — Waiting for further information Motion Carried over to Feb. 1 Vote Carried (7:22) 2. *Tate — 14 Pine Grove Road (67 -389) SE48 -2048 Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, 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 Page 4 of 6 Minutes for January 18, 2012, adopted Feb. 29 (8:09) C. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) (7:24) Sitting 1. *Verney — 25 Capaum Pond Road (40 -10) SE48 -2439 Sitting Oktay (acting chair), Brescher, Bennett, Golding Recused Steinauer, Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue as drafted. (Brescher) seconded Vote Carried Unanimously (7:26) 2. *UMASS- Boston— 180 Polpis Road (26 -1) SE48 -2430 Sitting Steinauer, Brescher, Bennett, Golding Recused Oktay, Karberg, Documentation Supporting documents and plans, staff recommendations. Representative Sarah Oktay Public None Discussion Add /reword conditions Motion Motion to Issue as amended. (Bennett) seconded Vote Carried Unanimously (7:29) 3. *Cliffhanger Trust — 83 Eel Point Road (32 -12) SE48 -2429 Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Mrs. Hardy Public None Discussion Conditions and clarification of delineation. Need create two separate orders. Motion Motion to Issue as amended under state order only. (Bennett) seconded Motion to Issue order as shown on plan of record under local order with waiver and finding. (Brescher) seconded. Continue this project to Jan. 21 11 a.m. at 2 Bathing Beach Road. Vote Carried Unanimously Not Carried 3 -3 No objections (8:09) 4. *Lipp & Berman — 251 Polpis Road (25 -24) SE48 -2436 Sitting Oktay (acting chair), Karberg, Brescher, Bennett, Golding Recused Steinauer Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Conditions Motion Motion to Issue. (Brescher) seconded Vote Carried Unanimously 5. Discussion of other closed notice of intent public hearing. Page 5 of 6 Minutes for January 18, 2012, adopted Feb. 29 D. Enforcement Orders (8:12) 87 Eel Point Road Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Steve Cohen — Have proposal for February 15. Staff to provide representative with a list of those contractors involved and commission wants to hear from. Public None Discussion MADEP has stepped in. Want a timeline of events. Motion N/A Vote N/A (8:17) 26 Willard Street Sitting Steinauer, Oktay, Karberg, Brescher, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Have filed for an amended order. Will be at February 1 meeting. Motion N/A Vote N/A E. Other Business 1. Reports: CPC — Brescher NP &EDC — Bennett Fertilizer Use Committee — Steinauer Mosquito Control Committee — Oktay 2. Other /Miscellaneous Reports Harbor Plan — Oktay 3. Commissioners Comment Golding — Haven't seen order of condition for Eel Point Road Oktay — Would like to schedule Regulation Review Hearing Steinauer — Almanac Pond Road stream has a culvert. Don't remember the commission permitting that. Who put it in? Steinauer — Members of Invasive Specie Committee to meet with the new director DPW. 4. Administrator: Staff Report — Office is moving to 2 Bathing Beach Road Approval of Minutes None Motion to Adjourn at 8:30 p.m. Page 6 of 6