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Home My WebLink About2012-4-25Minutes for April 25, 2012, adopted May 23 "NTUeM`',N NANTUCKET CONSERVATION COMMISSION Minutes for Wednesday, April 25, 2012 CAN "Al 9^ 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 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 Kerber, John Brescher, John Braginton - Smith, Andrew Bennett, Ian Golding y ° Absent Members: None � Agenda adopted by unanimous consent c z *Matter has not been heard M rn I. PUBLIC MEETING o < A. Public Comment rn None None o co None Motion Motion to Close. (Bennett) seconded II. PUBLIC HEARING r C-n o A. Notice of Intent (4:02) 1. Town and County of Nantucket Planning Office — Hummock Pond Road SE48 -2437 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused Brescher Documentation Supporting documents and plans, staff recommendations. Representative Mike Burns, Transportation Analyst Public None Discussion Staff — Had been waiting on notice of consent from Bartlett Farms. Steinauer — The Invasive species removal protocol — all plants disposed of in digester. If remove those now there are no seeds. Braginton -Smith — Mention of drainage problem at low spot on Hummock Pond Road. If it could be addressed, would enhance drainage on the road itself. Motion Motion to Close. ( Bragint on- Smith) seconded Vote Carried Unanimously (4:08) 2. Arnold— 110 Wauwinet Road (11 -29) SE48 -2447 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John Bracken, Bracken Engineering Ben Normand, Rowland and Associates Public None Discussion None Motion Motion to Close. (Bennett) seconded Vote Carried Unanimously 3. Nantucket Community Sailing— 18 Wauwinet Road (20-13,14&16) SE48 -2452 (cont to 5/9) Page 1 of 7 Minutes for April 25, 2012, adopted May 23 4. Huckleberry Friend Trust — 15 East Tristam Avenue (31 -4) SE48 -2461 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 Public None Discussion Staff — For the record, Oktay and Karberg have reviewed all material and are able to participate fully. None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously (4:15) 5. *Halle & Lamm — 24 Pilgrim Road (41 -94) SE48 -2459 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 None Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously (4:18) 6. *Menz Family Trust — 8 Ames Avenue (60.2.4 -56) SE48 -2458 Sitting Oktay (acting chair), Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Steinauer Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting — Request continuance. Public Emily MacKinnon, Nantucket Land Council — Narrative indicates that existing will be replaced with a larger dwelling; therefore waiver is not justified under grandfather clause. Discussion Septic tank and leech trench have been inspected and are working properly. Oktay — Would like to see re- vegetation area. Footprint is increasing by about 300 SF to a total of about 700 SF. Bennett — It is a one - bedroom septic and plans propose a two- bedroom with a finished basement. Motion Continued to May 9. Vote No objection 7. Nicholson— 22 Brewster Road (54- 169.1) SE48 -2460 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Sam & Debbie Nicholson David M. Haines, Haines Hydrogeologic Consulting Public None Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously Page 2 of 7 Minutes for April 25, 2012, adopted May 23 8. Walker— 112 Wauwinet Road (11 -20) SE48 -2462 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public Len Campanella for Arnold at 110 Wauwinet Road — No oversight and owners have stripped the lot and it changes the neighborhood. Discussion Oktay — Need a sight visit. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously (4:52) 9. * Squam Head, LLC — 71 Squam Road (13 -12) SE48 -2463 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Bob Emack Public None Discussion None Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously (4:57) 10. *Holt— 98 Squam Road (12 -36) SE48 -2464 Sitting Steinauer, 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 Order of conditions will ask that flag numbers are called out. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously (5:01) 11. *CMDM, LLC — 93 & 99 Eel Point Road (30 -9 &10) SE48 - 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 — Request continuance. Arthur D. Gasbarro, Blackwell and Associates Inc Lee Weischar, Woods Hole Group Public Emily MacKinnon, Nantucket Land Council Discussion Staff — For the record, a field viewing was conducted on Monday. Golding —. The public should be able to pass the area during high tide. Karberg — Question need for the secondary picket fence. Oktay — Need to see the historic erosion rate over the past 150 years. Want to know how much sand is released by the bags; want to mimic natural erosion. Steinauer — Would like to see prediction of rise in sea level and impact over the life of the project. Also need to know how this project will affect the adjacent unstabilized banks. Bennett — Would like to see any Building Department construction information on the buildings. Motion Continued to May 23. Vote No objection 12. Water's Edge N.T. — 16 Medouie Creek Road (20 -26) SE48 -2417 (cont to 6/20) Page 3 of 7 Minutes for April 25, 2012, adopted May 23 III. PUBLIC MEETING A. Requests for Determination of Applicability (6:02) 1. * Tautemo Way Realty Trust — 12 Tautemo Way (83 -12) Sitting Steinauer, 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 Staff — Laurentide Environmental, LLC has verified wetland boundaries. Recommend a Positive 2A confirming coastal bank and vegetative wetland and Negative 3 for the work in buffer zone. Motion Motion to Approve recommendation. ( Oktay) seconded Vote Carried Unanimously B. Minor Modifications (6:06) 1. *Cambridge Street Partners — South Cambridge Street (Layout) SE48 -2234 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Staff — Request to repair intersection of Long Pond Drive and South Cambridge Street, drainage improvements. Motion Motion to Approve. (Braginton- Smith) seconded Vote Carried Unanimously (6:08) 2. *Point Breeze, LLC — 69 Easton Street (42.4.1 -111) SE48 -2457 Sitting Steinauer, 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. (Braginton- Smith) seconded Vote Carried (6:11) 3. *UMASS- Boston — 180 Polpis Road (26 -1) SE48 -2413 Sitting Steinauer, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg, Oktay Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Sarah Oktay, UMASS- Boston Public None Discussion None Motion Motion to Approve. (Braginton- Smith) seconded Vote Carried Unanimously Page 4 of 7 Minutes for April 25, 2012, adopted May 23 C. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) (6:21) 1. * Town and County of Nantucket Planning Office — Hummock Pond Road SE48 -2437 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused Brescher Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Discussion of disposal of invasive species, replication area near Bartlett Farm and mitigation area. Motion Motion to Issue as amended. (Golding) seconded Vote Carried Unanimously (6:30) 2. *Huckleberry Friend Trust — 15 East Tristam Avenue (31 -4) SE48 -2461 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 Public None Discussion Discussion of fire retardant buffer around propane pit. Motion Motion to Issue as amended. (Braginton- Smith) seconded Vote Carried Unanimously (6:34) 3. *Halle & Lamm — 24 Pilgrim Road (41 -94) SE48 -2459 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 Issue as drafted. ( Oktay) seconded Vote Carried Unanimously 4. *Nicholson— 22 Brewster Road (54- 169.1) SE48 -2460 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 Issue as drafted. (Bennett) seconded Vote Carried Unanimously 5. *Walker— 112 Wauwinet Road (11 -20) SE48 -2462 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Due to prior violations, add monitoring condition. Motion Motion to Issue as amended. (Braginton- Smith) seconded Vote Carried Unanimously Page 5 of 7 Minutes for April 25, 2012, adopted May 23 6. Discussion of other closed notice of intent public hearings i. Arnold — No fertilizer ii. Squam Head LLC — Straight forward iii. Holt — Straight forward D. Other Business (6:40) 1. Reports: i. Enforcement Actions — a. ? ?? is in compliance and met minimum requirements in regards to blueberries, winter berries in the wetlands and bayberries around the edge. Motion to acknowledge that the enforcement order has been satisfied and applicant is allowed to continue work on order of conditions. ( Oktay) seconded, Carried unanimously b. 34 North Liberty Street: Issue Cease and Desist Order. c. 87 Eel Point Road update on progress. ii. CPC — Brescher iii. NP &EDC — Bennett iv. Fertilizer Use Committee — Steinauer Disbanded v. Mosquito Control Committee — Braginton -Smith vi. Coastal Management Plan — Oktay vii. Shellfish Management Plan — Oktay viii. Other /Miscellaneous Reports 2. Commissioners Comment: i. Karberg — Attended Wetlands Delineation Conference 3. Administrator: i. Staff Report — With active cases or appeals when approached by party involved, use extreme caution before talking about it. ii. Approval of Minutes - None IV. PUBLIC HEARING (7:01) A. Town of Nantucket Wetlands Protection Regulations Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public Emily MacKinnon, Nantucket Land Council Arthur D. Gasbarro, Blackwell and Associates Inc Mary ? ? ? ?? lady with buttons Discussion Oktay — Would like to include some sort of performance standard for beach nourishment. Harbor Plan allows community walkways, docks and piers; so there is an alternative to private ones. Water- dependent Use needs to be clear and specific on what they do not include. Bennett — The State includes beach nourishment and erosion control under water - dependent. Discussion about requiring proof of no adverse impact from applicants in regards to water - dependent projects. Eroding Coastal Bank, Page 30, number 7 Land Containing Shellfish, Page 35, number 4 — description too long and too enabling. Page 6 of 7 Minutes for April 25, 2012, adopted May 23 Discussion Performance Standards Coastal Dunes /Barrier Beach, Pages 24 & 29 — One includes continued public infrastructure and one does not; should read the same. Coastal Beaches /Dunes Pages 25, number 8 & 27, number 9 — Coastal Roads should have permeable material in the area of coastal dune fields and barrier beaches; needs to be clearer. Discussion of whether or not there should be paved roads in any buffer areas. If addressing fertilizers, should also address use of herbicides and pesticides in resource areas and buffer zones. Salt marshes should have statement about not storing anything on the salt marshes; that they must be off the surface or out of salt marsh area. Salt Marshes Page 31, number 1, half -way down — "Marshes help absorb pollutants but there is a careful balance ..." "Careful" is the wrong word. Salt Ponds, Page 33 — Discussion about characteristics and protected interests. Motion None at this time Vote N/A Adjourned 7:44 p.m. Submitted by: Terry L. Norton Page 7 of 7