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Home My WebLink About2012-5-23Minutes for May 23, 2012, adopted Nov. 14 .'MTUC� -f+ NANTUCKET CONSERVATION COMMISSION 3r u e Minutes for Wednesday, May 23, 2012 "ro t° 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 4:02 p.m. � N 0 Staff in attendance: J. Carlson, Natural Resources Coordinator; Terry Norton, Mints Taker Attending Members: Ernst Steinauer (Chair), Sarah Oktay (Vice chair), Jennifer Kergrg,�hn Brescher, John Braginton- Smith, Andrew Bennett, Ian Golding n c rn Absent Members: None M rn rn Agenda adopted by unanimous consent o M *Matter has not been heard ►—' I. PUBLIC MEETING r A. Public Comment � ry 1. Emily MacKinnon, Nantucket Land Council — Cutting on the interior of the N;rwood Farm Property on Polpis Road; it seems as though the road was expanded from the pre- existing. Understand order of conditions allowed for maintenance as opposed to re- opening the road. Also, the lot under which the Orders of Condition was issued was Map & Parcel 46 -1. Believe the road being worked on is not on that lot. Recommend the Commissioners can perform a site visit. 2. Arthur D. Gasbarro, Blackwell and Associates Inc — In response, would welcome a site visit. The old jeep track, which was visible, is what was cut. Natural Heritage is fully aware of what is going on. Some of the road does pass through protected area as approved by this Commission. Have a proposal that will come before this commission in July that will move the road out of those areas. II. PUBLIC HEARING A. Notice of Intent 1. Nantucket Community Sailing— 18 Wauwinet Road (20- 13,14 &16) SE48 -2452 (coat to 6/20) (4:21) 2. Menz Family Trust — 8 Ames Ave. (60.2.4 -56) SE48 -2458 Sitting Oktay, 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 None Discussion Discussion about upgrade the septic system versus sewer to Madaket and restorative work in the wetlands and coastal bank. Concerns expressed about the proximity of the new second deck and septic to Hither Creek wetlands. Not comfortable going forward without hearing from the Health Department. Motion Continued to June 6. Vote No objection 3. CMDM, LLC — 93 & 99 Eel Point Road (30 -9 &10) SE48 -2465 (coat to 6/6) Page 1 of 5 Minutes for May 23, 2012, adopted Nov. 14 4. Rowe — 137 Wauwinet Road (11 -11.1) SE48 -2468 (cont to 6/6) (4:42) Discussion 5. * Polpis Schoolhouse Trust — 268 Polpis Road (25 -29) SE48 -2470 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 — request continuance. Public Bruce Perry, Third -party Consultant Conservation Commission. Discussion Discussion about apparent non - permitted cutting and allowing a once a year Motion herbaceous cutting. Vote Staff — Applicant has several options. One option is to apply for cutting separately so B. Amended as not interfere with moving forward on this septic application. Motion Continued to June 6. Vote No objections (5:02) 6. *93 Squam Road N.T. — 93 & 95 Squam Road (13 -1 & 12 -31) SE48 -2469 Sitting Steinauer, Oktay, Brescher, Braginton- Smith, Bennett, Golding Recused Karberg Documentation Supporting documents and plans, staff recommendations. Representative David M. Haines, Haines Hydrogeologic Consulting — request continuance Sarah Alger David Troast Public Bruce Perry, Third -party Consultant Conservation Commission Discussion Staff — There are actually two applicants: 93 Squam Road Nominee Trust and 95 Squam Road Qualified Personal Residence Trust. Discussion about stabilizing the area. Driveway strays on and off the property and 25 -foot buffer zone; intent is to rectify that and connect it to the 95 Squam driveway. Return the unused section of driveway to lawn with irrigation and use of fertilizer. Need confirmation from Natural Heritage of the wetlands line. Would like to see a planting plan. Motion Continued to June 6. Vote No objections B. Amended Orders of Conditions (5:24) 1. *Atlantic Light, LLC — 1 Baxter Road (73.1.4 -12) NAN -086 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John Bracken, Bracken Engineering Public None Discussion None Motion Motion to Approve as amended. ( Braginton- Smith) seconded Vote Carried Unanimously Page 2 of 5 Minutes for May 23, 2012, adopted Nov. 14 III. PUBLIC MEETING A. Requests for Determination of Applicability (5:23) 1. *NAN One, LLC — 9 Old Westmoor Farm Road (41 -829) Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative John Bracken, Bracken Engineering Public None Discussion Flagstone patio between 100- and 50 -foot buffers is 99 percent complete without permit. Would have qualified as a negative 3. Motion Motion to Approve as negative 3. (Brescher) seconded Vote Carried Unanimously Certificates of Compliance (5:27) 2. *Charney — 24 Tennessee Avenue (60.1.2 -27) SE48 -573 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. (Braginton- Smith) seconded Vote Carried Unanimously 3. *Chamey — 24 Tennessee Avenue (60.1.2 -27) SE48 -1845 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion In Order of Conditions include Number 20: testing information for system. Motion Motion to Issue with on -going condition Number 20. (Braginton- Smith) seconded Vote Carried Unanimously 4. *Dobies — 34B Walsh Street (29 -104) SE48 -2361 (coat to 6/6) (5:31) 5. *Ames — 113 Wauwinet Road (12 -45) SE48 -2401 Sitting Steinauer, Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused None Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Also has an Order of Conditions Number 20: testing of system. Motion Motion to Issue with on -going condition Number 20. (Braginton- Smith) seconded Vote Carried Unanimously Page 3 of 5 Minutes for May 23, 2012, adopted Nov. 14 (5:32) 6. *Two Easton Street R.T. — 2 Easton Street (42.1.4 -8) SE48 -2362 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. (Braginton- Smith) seconded Vote Carried Unanimously (5:33) 7. *Quaise Twenty N.T. — 18 & 20 Bassett Road (26 -60) SE48 -2234 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. (Braginton- Smith) seconded Vote Carried 6 -0 B. Orders of Conditions (If the public hearing is closed — for discussion and/or issuance) (5:35) 1. *Cambridge Street Partners — 5 South Cambridge Street (59.4 -133) SE48 -2467 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Steinauer Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Installation of roadway for a four -lot subdivision. Motion Motion to Approve. (Brescher) seconded Vote Carried 6 -0 2. *Greywoods, LLC — 14 Mayhew Lane (41 -447) SE48 -2466 Sitting Oktay, Karberg, Brescher, Braginton- Smith, Bennett, Golding Recused Steinauer Documentation Supporting documents and plans, staff recommendations. Representative None Public None Discussion Added monitoring program for buffer zone and "no Love Grass." Discussion about calling out "no Weeping Love Grass." Motion Motion to Issue as amended. (Bennett) seconded Vote Carried 6 -0 3. Discussion of other closed notice of intent public hearings Page 4 of 5 Minutes Tor May 23, 2012, adopted Nov. 14 C. Other Business 1. Reports: i. Project Reports: Staff — None at this time. ii. CPC: Brescher iii. NP &EDC: Andrew Bennett reappointed as representative by Unanimous consent. iv. Mosquito Control Committee: Braginton -Smith & Oktay v. Coastal Management Plan: Oktay vi. Other /Miscellaneous Reports: None 2. Commissioners Comment: Steinauer — Looked at possible violation on Polpis Road. 3. Administrator: i. Staff Report ii. Approval of Minutes: adopted by unanimous consent. February 29, 2012 March 14, 2012 March 28, 2012 April 11, 2012 April 25, 2012 May 9, 2012 IV. PUBLIC HEARING A. Town of Nantucket Wetlands Protection Regulations - Held Motion to Adjourn at 6:00 Submitted by: Terry L. Norton Page 5 of 5