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Home My WebLink About2012-5-9Proposed Minute for May 9, 2012 NANTUCKET CONSERVATION COMMISSION MINUTES Wednesday, May 9, 2012 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. Minutest ak� J. Carlson, Natural Resources Coordinator; Terry Norton, Staff in attendance: Attending Members: Sarah Oktay (Vice chair), Jennifer Kerberg, John Brescher, John BT4g i on Smith, rat_. - Andrew Bennett, Ian Golding C z rn Absent Members: Ernst Steinauer rn n rn Early Departure: John Brescher 5:56 p.m. o < Agenda adopted by unanimous consent z o C° M ° *flatter has not been heard C"> M S C° I. PUBLIC MEETING 7' A. Public Comment 1. Zack Dusseau — Wants opinion on placement on ground placement of a solar array at w Tennessee Ave. HDC wants applicant to explore options of placing on the ground; however, most of the property is within the 100 foot buffer. Oktay: As it is considered a structure, it would fall under ConCom purview and would require waivers which would be very difficult to issue; concerned about amount of ground that would be shaded, 132 SF and being placed on the salt marsh. Consensus that it would be better on the roof. Informal memo to be drafted for Mr. Dusseau. II. PUBLIC HEARING A. Notice of Intent 1. Nantucket Community Sailing — 18 Wauwinet Road (20- 13,14 &16) SE48 -2452 (cont to 5/23) (4:12) 2. Menz Family Trust — 8 Ames Avenue (60.2.4 -56) SE48 -2458 Sitting Oktay, Kerberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting — request continuance. John Stackpole Ms Menz Public Emily MacKinnon, Nantucket Land Council — concerned about waiver: Saltmarsh performance standard require structures outside the saltmarsh. Do not believe this falls under grandfather clauses. Saltmarsh performance standard requires placement of ground water. Discussion There is nowhere to dewater on the site. There is a good chance the work will hit groundwater; so a dewatering plan needs to be in place. Concern about the waiver request; can be granted based on discussion; waiver request is based upon no adverse impact and no alternative; needs to be rewritten. Need a copy of the septic inspection. Motion Continued to May 23 Vote N/A Page 1 of 5 Proposed Minute for May 9, 2012 (4:39) 3. *Rowe — 137 Wauwinet Road (11 -11.1) SE48 -2468 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative Brent Watts, Watts Engineering Services. LLC — request continuance. Public Bruce Perry, Third -party Consultant Conservation Commission — 5 -foot trench is going to collapse the dune. Dune needs something on which to anchor. Bottom of tank will be in the ground water, so how the tank is going to be installed so it doesn't pop back out needs to be addressed. Emily MacKinnon, Nantucket Land Council — Don't know which way the ground water flows; direction could require additional ConCom requirements. Bank side of trench is pristine and would like the work area delineated. Discussion Need to lay out a planting plan for after new septic is in. The dune is going to house; so the further out of the dunes, more it protects the house, eventually meet the less is disturbed and the land heals faster. Hydrologist has not addressed the direction of water flow in this area; commission has to assume water flows to the harbor and plan for that. Discussion of possible standards in order of conditions. Need a clear waiver request specifying no reasonable alternative. Show the dune field on the plans. Floor plan to confirm number of bedrooms. Motion Continued to June 6 Vote N/A Minutes Taker absent from 5:10 to 5:56 (5:19) 4. *Cambridge Street Partners — 5 South Cambridge Street (59.4 -133) SE48 -2467 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Documentation None Supporting documents and plans, staff recommendations. Representative Brian Madden, Laurentide Environmental Consultants, Inc. John Bracken, Bracken Engineering Emily MacKinnon, Nantucket Land Council — Widening drive could have adverse Public impact. Discussion No objections, no concerns from commissioners. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried Unanimously (5:31 5. *Greywoods, LLC — 14 Mayhew Lane (41 -447) SE48 -2466 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting Ted King Bill Hunter, Vaughn, Dale and Hunter Public None Discussion Love grass in the back needs to be removed; though not on the list, it is invasive. Motion Motion to Close. (Brescher) seconded Vote Carried Unanimously Page 2 of 5 Proposed Minute for May 9, 2012 B. Amended Orders of Conditions (5:41) 1. *Jelleme — 29 Quaise Road (26 -8) SE48 -2381 Sitting Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Carl Jelleme Public None Discussion No questions. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried 5 -0 III. PUBLIC MEETING A. Requests for Determination of Applicability (5:45) 1. *Burbage — 47 Quidnet Road (21 -143) Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John Bracken, Bracken Engineering Bill Hunter, Vaughn, Dale and Hunter Public Bruce Perry, Third -party Consultant Conservation Commission Discussion Issue as a negative 3. Motion Motion to Issue. (Braginton - Smith) seconded Vote Carried Unanimously B. Minor Modifications (5:49) 1. *Freeman — 12 C Street (60.2.4 -89) SE48 -2301 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Documentation None Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion None Motion Motion to Issue. (Brescher) seconded Vote Carried Unanimously C. Certificates of Compliance 1. *Yellow Dog N.T. — 224 Polpis Road (26 -22.3) SE48 -2285 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Documentation None Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Motion None Motion to Approve. (Braginton- Smith) seconded Vote Carried Unanimously 2. *Charney — 24 Tennessee Avenue (60.1.2 -27) SE48 -573 (cont to 5/23) 3. *Charney — 24 Tennessee Avenue (60.1.2 -27) SE48 -1845 (cont to 5/23) Page 3 of 5 Proposed Minute for May 9, 2012 (5:53) 4. *Nantucket Dreamland Foundation — 17 South Water Street (42.3.1- 11.1 &11.2) SE48 -18 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Documentation None Supporting documents and plans, staff recommendations. Representative None Public Discussion None Assurance that nothing is being approved that is not already in place Motion Motion to Approve. ( Brescher) seconded Vote Carried Unanimously 5. *Dobies — 34B Walsh Street (29 -104) SE48 -2361 (cont to 5/23) D. orders of Conditions (If the public hearing is closed — for discussion and /or issuance) (5:56) 1. *Arnold — 110 Wauwinet Road (11 -29) SE48 -2447 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused Documentation None Supporting documents and plans, staff recommendations. Representative None Public None Discussion Motion None Motion to Issue as drafted. (Bennett) seconded Vote Carried 5 -0 (5:59) 2. *Squam Head, LLC — 71 Squam Road (13 -12) SE48 -2463 Sitting Oktay, Karberg, Braginton- Smith, Bennett, Golding Recused Documentation None Supporting documents and plans, staff recommendations. Representative None Public Discussion None Filed for 2 -foot separation waiver request and dewatering. Motion Motion to Issue as drafted (Braginton- Smith) seconded Vote Carried5 -0 (6:01) 3. *Holt — 98 Squam Road (12 -36) SE48 -2464 Sitting Oktay, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative None Public Discussion None Filed for 2 -foot separation waiver request and dewatering. Motion Motion to Issue as drafted. (Braginton- Smith) Vote Carried 4 -0 (6:03) 4. Discussion of other closed notice of intent public hearings Closed: Cambridge Street Partners, Greywoods LLC, Page 4 of 5 Proposed Minute for May 9, 2012 E. Other Business 1. Reports: i. Project Reports a. Polpis Harbor Road — Bruce Perry & Sarah Oktay: Another year of testing under the RDA. b. Hinckley Lane — Arthur D. Gasbarro, Blackwell and Associates Inc: annual report. c. 78 Wauwinet Road — Arthur D. Gasbarro, Blackwell and Associates Inc & Bruce Perry ii. CPC — (No meeting) iii. NP &EDC —Bennett iv. Mosquito Control Committee — Braginton -Smith v. Coastal Management Plan — Oktay vi. Other /Miscellaneous Reports: Shellfish Management Plan — Oktay 2. Commissioners Comment — None 3. Administrator: i. Staff Report — Review of reorganization of Marine Safety and Natural Resources. Calls from landscapers about the creation of a ConCom- approved plant list. ii. Approval of Minutes — None IV. PUBLIC HEARING Held for a full board. A. Town of Nantucket Wetlands Protection Regulations Motion to Adjourn at 6:28 Submitted by: Terry L. Norton Page 5 of 5