The URL can be used to link to this page

Home My WebLink About2012-2-1 Minutes for February 1,2012,adopted Feb. 29 ;•��Nf°Crfr.N NANTUCKET CONSERVATION COMMISSION 5U ~ � Updated Agenda for Wednesday, February 1, 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 the board before you begin Called to order at 4:00 p.m. Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norton, Minutes Taker Attending Members: Ernst Steinauer(Chair), Sarah Oktay (Vice chair), Jennifer Kerberg, John Braginton- Smith, Andrew Bennett, Ian Golding Absent Members: John Brescher Agenda adopted by unanimous consent D *Matter has not been heard --1 : I. PUBLIC MEETING A. Public Comment - None rn I...-. rn - rn n rn II. PUBLIC HEARING rn A. Notice of Intent z o (4:03) C) 1. Kerr—46 Wauwinet Road (14-29) SE48-2425 m cn Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Goldin Recused None Documentation Supporting documents and plans, staff recommendations. Representative Peter Ogren, Hayes Engineering Inc. Public Emily MacKinnon, Nantucket Land Council— Submitted letter of concerns. Discussion None Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 2. Sixteen Monomoy Road N.T. — 16 Monomoy Road (54-52) SE48-2435 (cont to 2/15) (4:09) 3. Dunphy & Colella—32 Tennessee Ave. & 9 I St. (60.1.2-41&32) SE48-2438 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc—request continuance. Richard Glidden Maureen Dunphy Public None Discussion Oktay— State regulation requires an elevated walkway to be one foot higher than it is wide in order not to change the diversity of plants underneath. Local by-law says no adverse impact for non-water dependent structures. Karberg—Walkways end before they reach the water; but if the applicant plans access water for launching a kayak, that means they will be walking on a portion of sensitive marsh area and compacting the peat. Bennett—Could straighten out 30-foot jog to reduce impact on wetlands. Staff—The Harbor master was to take a look at this; he has not been able to do that. Motion Continued to Feb. 15 without objection. Vote N/A Page 1 of 7 Minutes for February 1,2012,adopted Feb. 29 (4:46) 4. Town and County of Nantucket Planning Office—Hummock Pond Road SE48-2437 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mike Burns, Transportation Planner Nantucket Planning Office—request continuance Lisa Standley, Chief Environmental Scientist Vanasse Hangen Brustlin, Inc. Joseph Magni Jr., Principal Vanasse Hangen Brustlin, Inc. Public None Discussion Oktay—MISA is asking for a plant inventory. Could include some kind of monitoring in the order of conditions. Steinauer—Pumpkin Pond used to be tied into Hummock Pond, now there is a lack of flow. Braginton-Smith—Every since Pumpkin Pond Farm went it, the flow has been disrupted in the pond. Steinauer—Would prefer mitigation be directly connected to the project. Karberg—Looking at the planting list, the first species listed is not found on Nantucket and needs to come off the list. Motion Continued to Feb 15 without objection Vote N/A (5:15) 5. Nantucket Property Trust— 13 Hallowell Lane (30-11) SE48-2441 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Close. (Braginton-Smith) seconded Vote Carried Unanimously (5:16) 6. Nantucket Lot 51 LLC— 90 Eel Point Road (Layout) (39-2) SE48-2443 Sitting Steinauer, Oktay, Braginton-Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering Public None Discussion None Motion Motion to Close. (Braginton-Smith) seconded Vote Carried Unanimously (5:20) 7. Brewster—25 Walsh Street (29-35) SE48-2440 Sitting Steinauer, Oktay, Karberg, 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 Close. (Braginton-Smith) seconded Vote Carried Unanimously Page 2 of 7 Minutes for February 1,2012,adopted Feb. 29 (5:21) 8. Nantucket Hotel Holdings, LLC—77 Easton Street (42.4.1-35) SE48-2442 Sitting Steinauer, Oktay, Karberg, 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 Close. (Braginton-Smith) seconded Vote Carried Unanimously 9. *Sniderman— 8 Caroline Way (82-27) SE48- (cont to 2/15) (5:29) 10. `Sconset Beach Preservation Fund—63-67 & 79-83 Baxter Road SE48-2395 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. 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, Cottage and Castle Inc. Arthur Reade, Reade Gullicksen Hanely & Gifford LLP Josh Posner, 77 Baxter Rd. Public Emily MacKinnon,Nantucket Land Council Barn Lafarge D Anne Atherton Discussion Steinauer—Table of trucking activity associated with terrace project, not clear on data, is that for the whole month? (Feeley - grey highlight indicate for one-day figures.) Golding—What is the definition of the project; you talk about the long term, but in the short term are protecting only six properties. (Fogel—Weymar at 79 Baxter terrace project shows what happens when done on only one property.) Bennett—The terraces haven't been covered in sand this past summer despite the trucks that have gone out there. My understanding is they are supposed to be covered. Oktay— State study paper found adverse impact by beach nourishment of more than three feet on mole crabs. Changing the basic function of the bank front and it will change the habitat. Discussion about Ocean and Coastal Consultants letter of response to concerns of Nantucket Land Council and Dirk Roggeveen. Staff—To clarify, all the work is taking place on Town property. The Town has given 'Sconset Beach Preservation Fund permission to apply and gain permits to do work on one piece of property to benefit another piece of property. Could make the argument that Town land is public infrastructure and that is being protected. Once they have the permits, they still have to get permission from the Town to start the work. Fogel—Closing comments. Motion Motion to Close. (Braginton-Smith) seconded Vote Carried Unanimously Page 3 of 7 Minutes for February 1,2012,adopted Feb.29 B. Amended Orders of Conditions (6:45) 1. *Huckleberry Friend Trust—7 Huckleberry Lane (32-60) SE48-2376 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Sarah Alger Public None Discussion None Motion Motion to Approve. (Braginton-Smith) seconded Vote Carried Unanimously (6:51) 2. *Ehart—26 Willard Street (29-112) SE48-2345 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John Bracken, Bracken Engineering Jessie Glidden Jeff and Anne Ehart Public None Discussion Oktay—There is a lot more construction on the ground for such a small lot than was originally proposed. Golding—Question are we continuing rather than asking them to remove what they have done? Looking at the photo and having visited the site, it appears that a massive amount of fill had been put in. Motion Motion to Approve as amended. (Braginton-Smith) seconded Vote Carried 3-2//Opposed Oktay & Golding III. PUBLIC MEETING A. Minor Modifications (7:24) 1. Great Harbor Yacht Club—Washington Street Extension SE48-1665 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering Steven Creese, General Manager Public None Discussion Oktay—Agree about the bacteria; but, the testing, done for one year when commission asked for three, found problems on two different occasions. Discontinue the testing for metal and bacteria, but monitoring should continue once a month and after large rain storms for a year on other issues. Discussion on the order of condition requiring testing and the GHYC run-off system. Motion Motion to Approve. (Bennett) seconded Vote Carried Unanimously Page 4 of 7 Minutes for February 1,2012,adopted Feb. 29 (8:01) 2. *Myers— 18 Kelley Road (54-101) SE48-2411 Sitting Steinauer, Oktay, Karberg, 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 Carried Unanimously B. Certificates of Compliance (8:03) 1. *East Creek N.T. — 12 and 14 East Creek Road (55-52 & 57) SE48-2379 Sitting Steinauer, Oktay, Braginton-Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Approve. (Bennett) seconded Vote Carried Unanimously (8:05) 2. *Blumenstein—32 Squam Road (21-120) SE48-2158 Sitting Steinauer, Oktay, Braginton-Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Approve. (Braginton-Smith) seconded Vote Carried Unanimously (8:06) 3. *Taber—2 L Street (59.4-261) SE48-2397 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Approve with condition. (Bennett) seconded Vote Carried Unanimously (8:07) 4. *Lovell Family R.T. —294 Polpis Road (25-4) SE48-2360 Sitting Steinauer, Oktay, Braginton-Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Approve. (Braginton-Smith) seconded Vote Carried Unanimously Page 5 of 7 Minutes for February 1,2012,adopted Feb.29 (8:09) 5. *Wohlleib—31 Almanac Pond Road (46-2) SE48-2386 Sitting Steinauer, Oktay, Braginton-Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Approve with conditions. (Golding) seconded Vote Carried Unanimously C. Orders of Conditions (If the public hearing is closed—for discussion and/or issuance) (8:12) 1. *Nantucket Property Trust— 13 Hallowell Lane (30-11) SE48-2441 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Oktay) Vote Carried Unanimously (8:13) 2. *Brewster—25 Walsh Street (29-35) SE48-2440 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Steinauer— Should start request applicants moving structures to store and re-use native top soil. Motion Motion to Issue. (Braginton-Smith) seconded Vote Carried Unanimously (8:15)Discussion of other closed notice of intent public hearings 3. Kerr Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Discussion of conditions. Motion Staff to draft two order Vote N/A (8:19) 4. Nantucket Lot 51 Sitting Steinauer, Oktay, Braginton-Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Discussion about monitoring invasive species. Motion Staff to draft two order Vote N/A Page 6 of 7 Minutes for February 1,2012,adopted Feb. 29 (8:21) 5. Nantucket Hotel Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Discussion about parking area and protection of abutting wetlands and invasive species protocols Motion Staff to draft two order Vote N/A (8:23) 6. `Sconset Beach Preservation Fund—63-67 & 79-83 Baxter Road SE48-2395 Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Steven Cohen Public None Discussion Discussion about which properties would receive a positive order. Protecting post 1978 houses is a slippery slope. Never received definitive information about which house abutting the project have been substantially improved since 1978. Discussion of affect work will have on bluff and beach and other continuing concerns in regards to the project. Motion Staff to draft order of denial Vote N/A D. Enforcement Orders E. Other Business 1. Compliance Report Egan Maritime Foundation— 158 Polpis Road (27-28) SE48-1977 (21:04) Sitting Steinauer, Oktay, Karberg, Braginton-Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos,Nantucket Surveyors Public None Discussion Review of requirements per order of conditions. Discussion of steps to take to try and ascertain and rectify the problem. 2. Reports: i. CPC—None ii. NP&EDC—None iii. Fertilizer Use Committee— Steinauer iv. Mosquito Control Committee—Braginton-Smith v. Other/Miscellaneous Reports—Oktay 2. Commissioners Comment 3. Administrator i. Staff Report ii. Approval of Minutes -None Motion to Adjourn at 9:24 p.m. Submitted by: Terry L. Norton Page 7 of 7