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Home My WebLink About2012-8-8Minutes for August 8, 2012, adopted Nov. 14 ? ,�,,YTUCKf�i NANTUCKET CONSERVATION COMMISSION _ Updated Agenda for Wednesday, August 8th, 2012 sC�4pQ� Al •`'° 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 4:05 p.m. Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norton, Minutes Take,, Attending Members: Ernst Steinauer (Chair), Sarah Oktay (Vice chair), Jennifer Kerber�JolBraginton- Smith, Andrew Bennett, Ian Golding, Michael Glowacki !� Absent Members: None o Town Counsel: George Pucci, Kopelman & Paige �, rn Agenda adopted by unanimous consent CT) rn *Matter has not been heard O 7 rn I. ELECTION OF OFFICERS 3 0 Chair – Oktay nominates Ernie Steinauer. Seconded Carried Unanimously Vice Chair – Bennett nominates Sarah Oktay. Seconded Carried Unanimously rn w II. PUBLIC MEETING A. Public Comment — Stephen Wise, 7 Hallowell Lane: Right of way across property, however bluff is 9 feet high and can't reach the beach. Trying to level bluff. Not trying to change, but restore a preexisting condition. Over 80 or so years, the bluff has grown up. There is a real hardship that prevents up to nine families from accessing the beach. Have a petition signed by myself and the neighbors; the petition shows the bluff. Advised to re -file and return to the board; previously application was withdrawn. III. PUBLIC HEARING A. Notice of Intent 1. CMDM, LLC – 93 and 99 Eel Point Road (32 -9 & 10) SE48 -2465 (withdrawn) Motion to Accept the withdrawl. (Braginton- Smith) seconded Carried Unanimously 2. Rowe – 137 Wauwinet Road (11 -11.1) SE48 -2468 (coat to 9/19) 3. Poster – 13 C Street (60.1.2 -76) SE48 -2472 (cont to 8/22) 4. Norwood Farm Trust – 243 Polpis Road (46 -1) SE48 -2473 (cont to 8/22) (4:19) 5. *Nantucket Conservation Foundation (NCF) – 2 Squidnet Way (Squam Farm) SE48 -2475 Sitting Steinauer, Oktay, Braginton- Smith, Bennett, Golding, Glowacki Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative Karen Beattie, Manager of the Department of Science and Stewardship NCF – Removal of invasive /non - native species. Jeri Karberg, Research Supervisor NCF Public Kathy Gallaher, 2 Horn Beam Road. Discussion Discussion about herbicides intended for use. Two species of privet are on the invasive species list; but the specie to be treated is not listed. Plan is to treat all privet, which are all non - native. Commission would like information gathered on up -land invasive species. Motion Motion to Close. (Braginton- Smith) seconded Vote Carried 6 -0 Page 1 of 5 Minutes for August 8, 2012, adopted Nov. 14 6. *74 West Chester Nominee Trust — 74 West Chester Street (41 -478) SE48 -2476 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Paul Santos, Nantucket Surveyors Continued to 8/22 without objection Richard Beaudette, Reade Gullicksen Hanley & Gifford LLP — Move structures out N/A of 25 -foot buffer. Request a continuance and a draft order. Public None Discussion Removing the gravel driveway and putting in a lawn could have a greater impact than Discussion leaving the driveway. Need a buffer - restoration plan. Staff to draft an order of conditions. Motion Continued to 8/22 without objection. Vote N/A (5 10) should be some sort of marker line indicating submerged umbilical. Discussion about 7. *Flannery — 62 Wanoma Way (92 -16) SE48- Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Brian Madden, Laurentide Environmental Consultants, Inc. — request continuance. Public None Discussion Staff to draft an order of conditions. Motion Continued to 8/22 without objection Vote N/A (5 1 7) 8. *Town of Nantucket — 7 Chicago Street (60 -123) SE48- Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Stephen Barrett, Director Harris Miller Miller & Hanson Inc. - Wave energy generation proposed for testing in October and November. Request continuance. Clifford A Goudey, Senior Engineer Resolute Marine Energy Bill Staby, Founder CEO Resolute Marine Energy Public None Discussion MADEP saw no adverse impact. Discussion about the study of the impact on erosion and accretion of sands at the ocean floor. UMASS has a protocol that can be submitted with this application. Umbilical cord will be secured. Biodegradable hydraulic fluid will be used for the actuators. Risk of a complete system failure would be the contents of the lines and the actuators about 75 gallons total. There should be some sort of marker line indicating submerged umbilical. Discussion about scaling up the effect of scouring for more than one turbine. Can have draft orders ready. Motion Continued to 8/22 without objection. Vote N/A Page 2 of 5 Minutes for August 8, 2012, adopted Nov. 14 9. *'Sconset Beach Preservation Fund — Baxter Road (48 -8) SE48 -2474 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Town Counsel Pucci — Question raised is whether or not it is the same as was denied previously. By- law Section 136 -3 Subsection F precludes re- hearing permits that were denied. This is an entirely new notice of intent (NOI) for a coastal engineering structure. Recommend open the hearing on this new NOI. Representative Arthur Reade, Reade Gullicksen Hanley & Gifford LLP — request continuance Barry Fogel, Keegan Werlin LLP Les Smith, Environmental Scientist Epsilon Associates Inc. Brian Jones, Regional Director Ocean and Coastal Consultants Jamie Feeley, Cottage and Castle Inc. Public Peter Finn, Counsel for Nantucket Land Council (NLC) Bam LaFarge, Coastal Management Plan Work Group Pete Kaizer D. Anne Atherton Emily MacKinnon, Nantucket Land Council Nat Lowell Caroline Ellis, Board 'Sconset Beach Preservation Fund Carl Jelleme Steve McCluskey, 63 Somerset Road Discussion Discussion on whether or not to open the hearing on this NOI. Opened the Public Hearing at 6:08 p.m. Arguments from applicant and NLC on whether or not this is not the same application and whether or not it should continue. Les Smith presents the differences between the new proposal and the old proposal. Discussion of those differences; review of reasons for denial of previous NOI and explanation by applicant representatives on how they have addressed those issues. Fogel asks the Board to vote on whether or not the scale and destabilization issues are changed enough for this NOI to go forward. Withdrawn. Finn argues the point that there have not been changes sufficient enough to warrant hearing this NOI. The issue is how this project impacts the interests this commission is charged to protect. Discussion about whether or not the board has enough information to vote to invoke or not invoke By -law Section 136 -31'. Motion Motion this commission finds sufficient material change from the prior denial to go forward. ( Glowacki) seconded Vote Carried 4- 3 / /Karberg, Oktay & Steinauer opposed Page 3 of 5 Minutes for August 8, 2012, adopted Nov. 14 B. Minor Modifications (8:19) 1. *Purple Wampum, LLC — 41 Jefferson Ave. (30 -45) SE48 -2323 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Glowacki — Believe that this is not a minor modification but that in fact it should be an amended order of conditions. Bennett — Concerned about flooding and the fuel that will be stored in the crawl space. Motion Motion to Approve as a minor mod. (Braginton- Smith) seconded Vote Carried 6- 1 / /Glowacki opposed C. Certificates of Compliance Continued to 8/22 without objection IV. PUBLIC MEETING A. Requests for Determination of Applicability (8:18) None 1. Town of Nantucket — 7 Chicago Street (60 -123) Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Motion Public Vote Discussion (8:32) 2. *Corry — Motion Continued to 8/22 Vote Carried B. Minor Modifications (8:19) 1. *Purple Wampum, LLC — 41 Jefferson Ave. (30 -45) SE48 -2323 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion Glowacki — Believe that this is not a minor modification but that in fact it should be an amended order of conditions. Bennett — Concerned about flooding and the fuel that will be stored in the crawl space. Motion Motion to Approve as a minor mod. (Braginton- Smith) seconded Vote Carried 6- 1 / /Glowacki opposed C. Certificates of Compliance (8:31) 1. *Halle & Lamm — 24 Pilgrim Road (41 -94) SE48 -2459 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. ( Glowacki) seconded Vote Carried Unanimously (8:32) 2. *Corry — 33 New Hampshire Ave. (60.3.1 -186) SE48 -2103 Sitting Steinauer, Oktay, Karberg, Braginton- Smith, Bennett, Golding, Glowacki Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion None Motion Motion to Issue. ( Oktay) seconded Vote Carried Unanimously Page 4 of 5 Minutes for August 8, 2012, adopted Nov. 14 (8:23) 3. *UMASS- Boston — 180 Polpis Road (26 -1) SE48 -2413 Sitting Steinauer, Braginton- Smith, Bennett, Golding, Glowacki Recused Oktay, Karberg Documentation Supporting documents and plans, staff recommendations. Representative Arthur D. Gasbarro, Blackwell and Associates Inc Public None Discussion On -going condition 20 Motion Motion to Approve. (Glowacki) seconded Vote Carried 5 -0 D. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) 1. Discussion of other closed notice of intent public hearings. NCF 2 Squidnet Way E. Other Business 1. Reports: i. Project Reports — None ii. CPC — Glowacki iii. NP &EDC — Bennett iv. Mosquito Control Committee — Braginton -Smith v. Coastal Management Plan — Oktay vi. Other/Miscellaneous Reports — Community Sailing Clean Harbor Award 2. Commissioners Comment - None 3. Administrator: i. Staff Report — Massachusetts Permit Extension Act is continued additional two years. ii. Approval of Minutes — Held V. PUBLIC HEARING A. Town of Nantucket Wetlands Protection Regulations - Held Motion to Adjourn at 20:43 Submitted by: Terry L. Norton Page 5 of 5