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Home My WebLink About2012-3-14Proposed Minutes for March 14 2012 TOWN OF NANTUCKET CONSERVATION COMMISSION MINUTES Wednesday, March 14, 2012 2 °a Floor of the Public Safety Facility 4 Fairgrounds Road — 4 p.m. 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 4:03 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 Brescher, John Braginton- Smith, Andrew Bennett, Ian Golding Absent Members: None z —+ r_ Agenda adopted by unanimous consent c-.> - z �0 *Matter has not been heard ,z rn rn LPUBLIC MEETING c < A.Public Comment - none :3 rn z 00 o ILPUBLIC HEARING r- cr A.Notice of Intent c� 1.Town and County of Nantucket Planning Office — Hummock Pond Road SE48 -2437 (cont to 3/28) 2.Hopkins, Trustee — 7 Hallowell Lane (30 -93) SE48 -2448 (cont to 3/28) 3.Arnold — 110 Wauwinet Road (11 -29) SE48 -2447 (cont to 3/28) 4.Kumin — 31 Sheep Pond Road (63 -36) SE48 -2449 (cont to 3/28) 5.Nantucket Community Sailing — 18 Wauwinet Road (20- 13,14 &16) SE48 -2452 (cont to 3/28) (4:04) 6.57 Madaket LLC — 57 Madaket Road (41- 201.2) SE48 -2453 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting Public Anne Mendelsohn, 43 Crooked Lane — Abutter comment read into the record. Discussion No comments Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously 7. *Connelly — 54 Hulbert Ave. (29 -59) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors — request continuance. Public None Discussion No comments Motion Continued to March 27 Vote No objection Page 1 of 6 Proposed Minutes for March 14 2012 (4:33) 8. *Point Breeze, LLC — 69 Easton Street (42.4.1 -111) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Dan Mulloy, Site Design Engineering — request continuance. Public John DeSouza for PhylJan Realty at 2 N. Beach St. — Line and basin Emily MacKinnon, Nantucket Land Council — Delineation of wetlands should be included on the plan; DPW letter approving of dewatering being pumped into catch basins; and drive and walkway "no alternative." Discussion Applicant is looking to get resource area approved under Abbreviated Notice of Resource Area Delineation (ANRAD) so the delineation can appear set in this application; it is unusually for the two to be running at the same time. Discussion about enforcement order: debris needs to come out. Need to see a plan of what will actually be there. Wetland area needs to be replaced; and ConCom needs to come up with how to prevent this sort of thing happening in the future. Hydrology might not support a lot of bushes; grasses might be better Motion Continued to March 27. Vote No objection 9.Water's Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 4/25) B.Amended Orders of Conditions (5:00) 1. *Woburn Kimball, LLC — 1 Kimball Ave. (30 -33) SE48 -2408 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Chris Horiuchi, Horiuchi Solien Architects Sarah Alger Public Arthur Reade, Reade Gullicksen Hanley & Gifford LLP for Opatrny at 15 Sherburne Tpk. Discussion No comments Motion Motion to Approve. (Golding) seconded Vote Carried Unanimously C.Abbreviated Notice of Resource Area Delineation (4:24) 1. *Point Breeze, LLC — 69 Easton Street (42.4.1 -111) SE48 - Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Dan Mulloy, Site Design Engineering — request continuance. Public John DeSouza for PhylJan Realty at 2 N. Beach St. — Line and basin Discussion Drainage basin was permitted in 1989 for 2 N Beach St, which was constructed more to the west than permitted. Applicant has proven the existence of wetland vegetation, hydraulic soils and signs of hydration. Motion Continued to March 27 Vote No objection Page 2 of 6 Proposed Minutes for March 14 2012 III.PUBLIC MEETING A.Requests for Determination of Applicability (5:09) 1. *Bills — 47 Madaket Road (41 -323) Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Public Bruce Perry, Third -party Consultant Conservation Commission Discussion Vegetative debris pile in buffer zone. Motion Motion to Approve as Positive 2A & Negative 3. (Bennett) seconded Vote Carried Unanimously B.Certificates of Compliance (5:18) L* Silverman & Abramson — 186 Cliff Road (41 -67) NAN -081 Sitting Steinauer, Oktay, Brescher, 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 C. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) (5:19) 1.Dunphy & Colella— 32 Tennessee Ave. & 9 I St. (60.1.2- 41 &32) SE48 -2438 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Review of the orders, prepared two: positive and negative. Motion Motion to Approve the positive motion as amended. (Brescher) seconded Vote Carried 4 -3 (5:27) 2. *Nantucket Campfire, LLC — 64 Monomoy Road (43- 109.1) SE48 -2445 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Review of application. Motion Motion to Issue as drafted. ( Braginton- Smith) Vote Carried Unanimously Page 3 of 6 Proposed Minutes for March 14 2012 3. *Nantucket Community Sailing — 18 Wauwinet Road (20-13,14&16) SE48- (cont to 3/28) 4. *57 Madaket LLC — 57 Madaket Road (41- 201.2) SE48 -2453 Sitting Steinauer, 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. (Bennett) seconded Vote Carried Unanimously (5:30) 5. *Conner — 29 East Lincoln Ave. (42.4.4 -14) SE48 -2450 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Review of correction in order. Motion Motion to Issue as amended. (Brescher) seconded Vote Carried Unanimously (5:33) 6. *O'Mara — 240 Polpis Road (26 -23) SE48 -2451 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Review of application. Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously 7.Discussion of other closed notice of intent public hearings Page 4 of 6 Proposed Minutes for March 14 2012 D.Enforcement Actions (5:37) 98 & 99 Eel Point Rd Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Bill Hunter, Vaughn, Dale and Hunter — Want the work to happen together: removal of wall and emplacement of new protection. Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Will remove structure but want to continue with erosion control. Oktay — Against marrying the removal of the existing structure and new erosion protection within the notice of intent. The applicant needs to repair the cut. Discussion of how to do the work with minimal impact on the coastal bank. Staff — Will have to take small steps to get to the end due to the magnitude and complexity of the project. Need detailed information on how it will be put back to its previous condition. It is the law; the wall must be removed. Applicant asked for a certain thing to do and a timeline. They will file a Notice of Intent in two to four weeks. It is appropriate for ConCom to put a deadline on the removal of the wall. Action Applicant to file Notice of Intent for next deadline. June I deadline set for removal of the violating structure. (6:38) E.Other Business i.Reports: i.CPC — Brescher ii.NP &EDC — Steinauer iii.Fertilizer Use Committee — Steinauer iv.Mosquito Control Committee — Braginton -Smith v.Other /Miscellaneous Reports, SHAB & Harbor Plans — Oktay 2. Commissioners Comment: Brescher — Selectmen want ComCon to vote on representative to Coastal Management Committee 3. Administrator: i. Staff Report ii.Approval of Minutes — February 29 Motion to Approve as amended. (Bennett) seconded Carried Unanimously iii.Appointment of a representative to Coastal Management Committee. Hopefuls include: Golding & Oktay. Oktay appointed 3 -2 iv. Wood Property on Warren Landings Road — This commission must vote to dispose of the property even if it gets approved at Town Meeting. Would advise a conservation restriction in perpetuity. v. Summons for appeal. Page 5 of 6 Proposed Minutes for March 14, 2012 (7:03) IV. PUBLIC HEARING A. Town of Nantucket Wetlands Protection Regulations Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Documentation Supporting documents and plans, staff recommendations. Public Arthur D. Gasbarro, Blackwell and Associates Inc Paul Santos, Nantucket Surveyors John DeSouza Bruce Perry, Third -party Consultant Conservation Commission David M. Haines, Haines Hydrogeologic Consulting Emily MacKinnon, Nantucket Land Council Sarah Alger Discussion Steinauer: Definition of Coastal Dune. Discussion on funding a study. Oktay: Definition of Coastal Engineering Structure. Golding: Need definitions for Piers, Docks, Walkways and Boat Landings. Steinauer: Ground water, ranking of method by reliability. Alger: if you aren't using something referred to in the regulations, should get rid of it. Gasbarro: Could word it to say "Water level to be determined by Licensed Soil Evaluator" or refer to Title 5. Discussion about calculating "net retreat" in coastal erosion. Steinauer: Should have a definition of "Mean High Water." Refer to state definition. Oktay: Definition of Grandfathering and Pre - existing use. Staff: Definition as written is pretty clear. Perry: Need to tie it to some criteria other than time. Steinauer: Definition of Recreation. Bennett: Definition of Substantially Improved. Do not need both "eroding shoreline" and "shoreline eroding." Definition of Structure. Staff. should include things this commission sees the most. Steinauer: Water Dependent Usage, should add things to be excluded. Oktay: needs to be more restrictive. Staff. a number of examples don't match the first sentence. MacKinnon: include or exclude coastal engineering structures. Karberg: access to the beach is water dependent. Motion Continue Regulation Public Hearing to March 28. Vote N/A Motion to Adjourn at 8:11 p.m. Submitted by: Terry L. Norton Page 6 of 6