The URL can be used to link to this page

Home My WebLink About2012-3-28Proposed Minutes March 28, 2012 ;? "'NTUCkf.T a NANTUCKET CONSERVATION COMMISSION Wednesday, March 28, 2012 e ° ^T° 4:00 P.M. 2 °' Floor Training Room, 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), Jennifer Kerberg, John Brescher, John Br2ginton- Smith, Andrew Bennett, Ian Golding Z Absent Members: Sarah Oktay (Vice chair) Later Arrival: John Brescher 4:15 p.m. ;x z M Agenda adopted by unanimous consent M � *Matter has not been heard I. PUBLIC MEETING rn o � < �E M o n °0 A. Public Comment x- (4:00) m c1'1 1. Alan Reinhart, Nantucket Islands Land Bank; Warrant Article 92 — Transfemf Wood Property Warren's Landing Road from Conservation Commission to Land Bank. There is a deed restriction prohibiting any structures being built on the property. The property was bequeathed to the Town in the 1970s and ConCom was the only agency in place to care for it. Staff: ConCom has to vote for the disposal of the property and can place further restrictions. 2. Staff. Conservation Commission will not have regular hours. Make an appointment through Marine Department. IL PUBLIC HEARING A. Abbreviated Notice of Resource Area Delineation (4:13) 1. Point Breeze, LLC — 69 Easton Street (42.4.1 -111) SE48 -2456 Sitting Steinauer, 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 (Braginto n- Smith) seconded Motion to Issue (Bennett) seconded Vote Carried Unanimously Carried Unanimously Page 1 of 7 Proposed Minutes March 28, 2012 B. Notice of Intent (4:18) 1. Town and County of Nantucket Planning Office — Hummock Pond Road SE48 -2437 Sitting Steinauer, Karberg, Braginton- Smith, Bennett, Golding Recused Brescher Documentation Supporting documents and plans, staff recommendations. Representative Mike Burns, Senior Traffic Planner. Joe Magni, Vanasse Hangen Brustlin, Inc. — request continuance for two weeks. Public John Bartlett, Bartlett Farm LLC — Waiting to see the final plan that will be approved before signing off on use of farmland. Paul Santos, Nantucket Surveyors Rachel Freeman, Third -party Consultant Conservation Commission Bruce Perry, Third -party Consultant Conservation Commission Discussion Steinauer — Invasive species protocol needs guidelines for cut off from mowing to other methods; Knotweed is excessively present in this area. This plan eliminates half of the mitigation in this area. Karberg — Restoration in this location will be beneficial and successful. There should be monitoring requirements in the protocols. Golding — Is it possible to screen all the soil not just that used for replication? (answer: Burns - yes.) Steinauer — Would like a set of plans showing replication buffer zones and impact areas. Cannot approve plan without Mr. Bartlett's permission; write up a draft order of conditions for Mr. Bartlett to review and sign off on. Motion Continued without objection. Vote N/A (4:54) 2. Hopkins, Trustee — 7 Hallowell Lane (30 -93) SE48 -2448 Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc — Requesting feedback on a proposal before going forward with plans. Request continuance for two weeks. Public Bruce Perry, Third -party Consultant Conservation Commission — Have to consider how the supports will be constructed. Discussion Steinauer — This is going on abutting property and is used by other families accessing the beach. Motion Continued without objection. Vote N/A (5:07) 3. Arnold — 110 Wauwinet Road (11 -29) SE48 -2447 Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Don Bracken, Bracken Engineering. — Request continuance for two weeks. Ben Normand, Rowland and Associates Public None Discussion Steinauer — Would have put the wall at the 50 foot line if this had come before the commission. Would not have permitted irrigation within the buffer zone. Can condition restoration of the 25 -foot buffer zone. Motion Continued without objection. Vote N/A Page 2 of 7 Proposed Minutes March 225, 2012 4. Kumin — 31 Sheep Pond Road (63 -36) SE48 -2449 Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Don Bracken, Bracken Engineering. Public Bruce Perry, Third -party Consultant Conservation Commission Discussion No comments. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously 5. Nantucket Community Sailing — 18 Wauwinet Road (20- 13,14 &16) SE48 -2452 (coat to 4/25) (5:32) 6. Connelly — 54 Hulbert Ave. (29 -59) SE48 -2454 Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors Bill Hunter, Vaughn, Dale and Hunter Public None Discussion No comments Motion Motion to Close. (Brescher) seconded Vote Carried Unanimously (5:34) 7. Point Breeze, LLC — 69 Easton Street (42.4.1 -111) SE48 -2457 Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering Public None Discussion No comments Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously (5:44) 8. *Young — 28 Easy Street (42.4.2 -67) SE48 -2455 Sitting Brescher, Braginton- Smith, Bennett(acting), Golding Recused Steinauer, Karberg Documentation Supporting documents and plans, staff recommendations. Representative Don Bracken, Bracken Engineering. Public None Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried 4 -0 Page 3 of 7 Proposed Minutes March 28, 2012 III. PUBLIC MEETING A. Certificates of Compliance (5:46) 1. *A &B Realty Trust — 53 Baxter Road (49 -17) SE48 -2358 Sitting Steinauer, 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. (Braginton- Smith) seconded Vote Carried Unanimously (5:47) 2. *Siasconset Golf Club — 260 Milestone Road (72 -48) SE48 -1076 Reissue) Sitting Steinauer, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. (Braginton- Smith) seconded Vote Carried 5 -0 B. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) (5:48) 1. *Connelly — 54 Hulbert Ave. (29 -59) SE48 -2454 Sitting Steinauer, 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. (Bennett) seconded Vote Carried Unanimously 2. *Young — 28 Easy Street (42.4.2 -67) SE48 -2455 Sitting Brescher, Braginton- Smith, Bennett (acting), Golding Recused Steinauer, Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. ( Brescher) seconded Vote Carried 4 -0 3. Discussion of other closed notice of intent public hearings — Kumin & Point Breeze LLC, Page 4 of 7 Proposed Minutes March 28, 2012 C. Enforcement Actions 1. Point Breeze, LLC — 69 Easton Street (42.4.1 -111) Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Mark Rits, Site Design Engineering Public None Discussion Order requires removal of fill from wetland area. No other issues. Monitor for first year then quarterly. Motion Order to be ready for next meeting. Vote N/A (5:53) 2. CMDM LLC — 93 & 99 Eel Point Road (32 -10 & 9) Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Bill Hunter, Vaughn, Dale and Hunter Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Bennett — Concerned with the idea of waiting for new relief and not knowing what that relief is. Golding — If ConCom doesn't ask for it to be pulled out, it is condoning future misbehavior. Karberg — This commission talked about a drop -dead date of June 1. Steinauer — This will take a lot of work to come up with a new plan. In the meantime, the fence needs to come out now. Staff — If the wall comes out, what happens to the bank? That has an effect upon this commission's final decision. Motion Motion to Accept Protocols as outlined on the plan. (Brescher) seconded Vote Carried Unanimously (6:12) 3. Vento — 87 Eel Point Road (32 -11) Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Steven Cohen, Arthur Reade, Reade Gullicksen Hanley & Gifford LLP Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Approve submitted pla. ( Braginton- Smith) seconded Vote Carried Unanimously Page 5 of 7 Proposed Minutes March 28, 2012 D. Other Business 1. Reports: i. CPC — Brescher ii. NP &EDC — Bennett iii. Fertilizer Use Committee — Steinauer iv. Mosquito Control Committee — Braginton -Smith v. Other /Miscellaneous Reports — Coastal Management Plan Committee 2. Commissioners Comment: i. Steinauer — Open road. ii. Golding — Bill McGrath letter to ConCom dated Dec. 17. Ref 33 Tennessee Avenue Right of Way. 3. Administrator: i. Staff Report — Norwood Farm work has started. Motion to Authorize Chairman Steinauer to sign Bruce Perry's disclosure paper work. (Brescher) seconded. Carried Unanimously ii. Approval of Minutes — None (6:34) IV. PUBLIC HEARING A. Town of Nantucket Wetlands Protection Regulations changes /updates Sitting Steinauer, Karberg, Brescher, Braginton- Smith, Bennett, Golding Documentation Town of Nantucket Wetland Protection Regulations Public Arthur D. Gasbarro, Blackwell and Associates Inc Bruce Perry, Nantucket Islands Land Bank Emily MacKinnon, Nantucket Land Council Rachael Freeman Discussion 1.02 DEFINITIONS Staff — Have been looking at coastal regulations from Chatham and Chilmark. Golding — Researched but found nothing about episodic ratios or six -year periods; still think the six years should be expanded. Staff — Episodes deal with tidal epochs: i.e. mean high and mean low water. Removing "shoreline, eroding." Adding definitions for Piers and elevated walkways. Steinauer — Would like definitions for irrigation systems. Have in the past differentiated between irrigation systems and simply watering with a hose. 1.03 PROCEDURES Staff — Add requirement for as -built plans that include buffer zones and topography. Gasbarro — Page 18, requirements under additional information, included under 1.l.a)3, add to the lists to include the 25 -foot buffer zone on all plans and "edge of existing vegetation/lawn clearing." 2.01 LAND UNDER THE OCEAN Karberg — Include locations where private docks and piers are prohibited. Staff — Should tie to the Harbor Plan. Could set prohibitions. Karberg — Wouldn't it make more sense to issue a waiver based on "water- dependent use" rather than those uses being exempt? Steinauer — Have to keep in mind how to minimize impact on waterways, wetlands and coastal areas. MacKinnon — Waivers are based on specific performance standards; some of those are very restrictive. Performance Standard No 7, is worded in such a what that it is possible to build a structure under the ocean. Steinauer — Nothing under Land Under the Ocean talks about dumping sand; need a performance standard that addresses this as it is a form of fill. Staff — Will try to find something about beach nourishment. Page 6 of 7 Proposed Minutes March 28, 2012 Discussion Gasbarro — The big issue with the first application for 'Sconset Beach Preservation continued was the dredging off shore. Steinauer — Under Performance Standard No 8, perhaps should add something about aquatic vegetation. 2.03 COASTAL DUNES Freeman — To research criteria for delineation of coastal dunes. Staff — Nantucket is the only place with "coastal dune fields." Pedestrian Walkway under performance Standard No 8; perhaps should be consistent in what walkways are called. Steinauer — More likely to erode a dune by walking through it. 2.04 BARRIER BEACH Golding — Can a barrier beach also be a coastal dune? What would be the difference? Staff — The State has mapped out the barrier beaches. Very restricted by the State. Motion None at this time. Vote N/A Motion to Adjourn at 7:32 p.m. Submitted by: Terry L. Norton Page 7 of 7