The URL can be used to link to this page

Home My WebLink About2014-4-16Minutes for Ape] 16, 2014, adopted May 28, 2014 CONSERVATION COMMISSION 2 Bathing Beach Road Nantucket, Massachusetts 02554 w k t_ Wednesday, April 16, 2014 4:00 P.M. Training Room, 4 Fairgrounds Road Commissioners: Ernie Steinauer (Chair), Sarah Oktay (Vice - chair), Jennifer Karberg, Andrew Bennett, Ian Golding, Michael Glowacki, Barn LaFarge Called to order at 4:05 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator Terry Norton, Town Minutes Taker Attending Members: Steinauer, Oktay, Karberg, Bennett, Golding, LaFarge Absent Members: Glowacki Agenda adopted by nnanvnous consent "Matter has not been heard I. PUBLIC MEETING A. Public Comment 1. Mark Rits, Site Design Engineering— 273/281 Hummock Pond Road for wooden sand fence: storms have caused erosion along the project area washing out the placed sand and leaving the fence sticking up in the air. The beach is not recovering, as a result the applicant will be removing the fence. Said he can get a tally of sand that was placed there for the commission. There is still a small veneer of beach grass left. W& be back before the commission about going forward. II. PUBLIC HEARING A. Notice of Intent 1. LaBombard — 62 W. Chester Street (41 -373) SE48 -2625 (coat to 4/30) 2. Nantucket Islands Land Bank —17 & 19 N. Liberty St.; 8 Wesco Place (42.4.3- 1,48,47) SE,48- 2649(cout to 4/30) 3. Andrews —190 Madaket Road (38 -8) SE48 - Sitting Steimuer, Oktay, Kaeberg, Bennett, Golding, LaFarge Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbarro, Blackwell and Associates Inc. —Asked for a continuance to allow Massachusetts Natural Heritage time to respond Discussion None Public None Staff None Motion Continued to April 30 without objection. Vote N/A 4. Krauten —191 Eel Point Road (33 -19.1) SE48 -2659 Sitting Steinauer, Bennett, Golding, LaFarge Accused Oktay, Karberg, Documentation Supporting documents and plans. Representative Don Bracken, Bracken Engincating Discussion None Public None Staff Rule of necessity implemented to allow Mr. LaFarge to sit in order to have a quonsm. Have everything needed to dose. _ Motion Motion to Close. (made by: Bemn ti) (seconded by: Golding) _u Vote Carved 4-0 5. 'Weed Realty Trust — 41 Almanac Pond Road (46 -11.2) SE48- (cont to 4 /30) c �_ c _ � F.ge 1 of 4 r. m y rrl � rn o r F.ge 1 of 4 Minutes for April 16, 2014, adopted May 28, 2U14 III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Garrett Nominee Trust — 20 Monomoy Road (54-145) Sitting Steinauet, Okmy, Kaiberg, Bennett, Golding, LaFarge Recused None Documentation Supporting documents and plans. Representative Arthur D. Gasbatm, Blackwell and Associates Inc. — Confmn resource area boundaries; no work proposed. 2 Vegetated wetlands, Coastal Bank by definition A, Land subject to coastal storm flowage. Discussion None Public None Staff This has been reviewed and agreed upon with the Mr. Gasbatro on the boundaries. Recommend this to be issued as Positive 2: confirming the resource area boundaries. Motion Motion to Issue. (made by: Oktay) (seconded by: Bemuett) Vote Carried unanimously B. Minor Modifications 1. *Oak Hill Investments, LLC —7 South Valley Road (43 -142) SE48 -2561 Sitting Steinauu, Oktay, Karberg, Bennett, Golding, L.Farge Recused None Documentation Supporting documents and plans. Representative Mark Rits, Site Design Engineering — Request to reconfigure the orientation of the pool and add the shed /cabana. Nothing moving closer to the resource area. A little grading outside the 50 -foot buffer. Nothing will be drained into the wetlands. Discussion None Public None Staff Recommend that this qualifies as a minor modification. Motion Motion to Approve as a minor modification. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously 2. *NHM Realty Trust — 77 Easton Street (42.4.1 -35) SE48 -2072 Sitting Steinauet, Oktay, Kadxrg, Bennett, Golding, LaFarge Recused None Documentation Supporting documents and plans. Representative Mark Rift, Site Design Engineering— Request to reconfigure upper deck and connector to the pool area. Widen deck outside the 25 -Foot. Outside the 50 -foot, connect entire deck to the main building. Increase support posts by one outside 25 -foot buffer in previously disturbed area. Discussion Clarification about situation with removal of invasive species. Public None Staff Recommend that this qualifies as a minor modification. Motion Motion to Approve as a minor modification. (made by Bennett) (seconded by: Karbeig) Vote Carried umananously C. Certificates of Compliance 1. *Squinto Family Partnership —10 Long Pond Drive (59 -24) SE48 -2617 Sitting Steinauer, Oktay, Karberg, Bennett, Golding, LaFatge Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Construction of a new sewage disposal system. It is built in compliance. Motion Motion to Issue. (made by: Bennett) (seconded by: Oktay) Vote Carried unanimously Page t of 4 Mmums for Apol 16, 2014, adopted N1 ay 28, 2014 D. Orders of Conditions (If the public hearing is closed — for discussion and /or issuance) 1. *Land Bards — 260 ?,idestone Road (72 -48) SFi18 -2656 Sitting Steinaue; Oktay, Bermett, Golding Accused Karberg Documentation Supporting documents and plans. Representative None Discussion Steinauer — Wants to add a condition to mommy the sensors. Okmy — Add under Condition 20, would like to add language about repair of any damage to the culverts is to be done with appropriate materials. Public None Staff Condition 20: damage to culverts will he repaired. Condition on reporting water usage. Number 18 is a catch -all for the waiver requests. Will add Condition 21: monitor sensors; and add to Condition 20 about the appropriate repair materials Motion Motion to Issue as amended. (made by: Bennett) (seconded by: Golding) Vote Carried 40/ LaFarge Abstained 2. *Andrews —190 Madaket Road (38 -8) SE48 -(coat to 4/30) 3. "Kmuter — 191 Ed Point Road (33 -19.1) SE48 -2659 Sitting Steimuer, Bennett, Golding Recused Oktay, Karberg Documentation Supporting documents and plans. Representative None Discussion None Public None Staff Normal conditions: material stored and drainage to be outside resource areas. Motion Motion to Issue as drafted. (made by: Golding) (seconded by: Bennett) Vote Carried 3 -0/ LaFarge Abstained 4. *12 Oak Hollow N.T. —12 Oak Hollow Lane (56 -128 portion) NAN -115 Sitting So mauey Oktay, Karbeg, Bennett, Golding Recused None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff No waivers. This is under local by -law. Motion Motion to Issue as drafted. (made by: Bennett) (seconded by: Karberg) Vote Carried 5 -0/ LaFarge Abstained 5. "Mackenzie & Hughes, Trustees — 4 Swain Street (42.4.1 -82.3) SE48 -2658 Sitting Steinauer, Oktay, Karberg, Bennett, Golding Rscmad None Documentation Supporting documents and plans. Representative None Discussion None Public None Staff The applicant had proposed two locations and the commission was fine with either one; however have a conditioned that the abed may be placed at only one location and the commission instructed of that location. Motion Motion to Issue as drafted. (made by: Golding) (seconded by: Berme t) Vote Carried 5 -0/ LaFarge Abstained 6. *Weed Realty Trust— 41 Almanac Pond Road (46 -11.2) SE48 -(coat to 4/30) 7. Discussion of other dosed Notice of Intent hearings Page s of 4 pluunes tocApn116, 2014, adopted May 28,2U14 E. Other Business 1. Reports: a. CPC, Golding — Special meeting. b. NP&EDC, Bennett — In -town bike path. Staff— Will add this area to the next held view. c. Mosquito Control Committee, Okmy — Vendor presentation on surveillance. d. Coastal Management Plan, Oktay — Presenting to the BOS a week from this meeting. e. Other 2. Commissioners Comment a. 'Sconset Beach Preservation Fund: Bennett — In 'Sconset don't know if the front of the bluff has been re- nourished. Staff — The applicant has submitted a proposal about dealing with the shorebird monitoring by Vem Lux. Ohmy — In regard to the enforcement order, asked if the commission allowed them to cover the top. Staff — Re- nourish and recover is under the enforcement order. Discussion about whether or not there is a mechanhm to allow Mr. LaFmge to sit on this and about ConCom forcing the closure of the issue. This has to be resolved prior to July. b. Oktay — Invited people to attend a presentation from 6 to 8 p.m. at the Athenaeum Great Hall about research. a Swinauer — Invasive plant species committee, the Polly Hill Arboretum is developing a native plant list for Martha's Vineyard. Asked the commission to think about directing people to that source rather than riving to create a separate list for Nantucket. d. Ol my —Talk on geotubes and coastal erosion structures has been rescheduled. 3. Administrator /Staff Reports a. Opening of Sachacha Pond did not take and closed itself within several hours due to on -shore wind and rising tide. There is a 15 -day window, April 1 to April 15 in which to do the opening. Have asked for permission to open the last ten feet when conditions are better from US Fish and Wildlife. b. Today the opening of Hummock Pond was very successfuL Hoping it will stay open for four days. c. The enforcement action for the Hummock Pond Road Bike Path wetlands: Fines against the Town are paid into the Town general fund and so fines me not an option; looking for options to get the Department of Public Works to bring the wetlands into compliance. Commissioners requested a letter, go to the Selectmen asking in get this back on track. d. Reminded the commissioners to be mindfn about stacking comments on on -line social sites about open applications and violating the OML. c. Work on implementation of the Fertilize Regulation is progressing well. Have put about 255 Commercial Landscapers through Article 68 licensing classes and have started issuing warning tickets on fertilizer use. Have had inquiries about additional classes. Working on finding a bi- lingual presenter for a Spanish - speaking class. Mom m to Adjourn at 5:12 p.m. Submitted by: Terry L. Norton