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HomeMy WebLinkAbout2017-7-12Minutes for Jule 12 2017 adopted July 26 CONSERVATION COMMISSION PUBLIC MEETING v 2 Bathing Beach Road Nantucket, -Massachusetts 02554 c www.nantucket-ma.gov r Wednesday, July 12, 2017 4 Fairgrounds Road, Training Room — 4:00 p.m Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleW, Ben Champoux, Ian Golding, Joe Topham op C) C: r 0 m.,N Called to order at 4:02 p.m. X71 Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Offic�-`?-�dmimistrator; Terry Norton, Town - Minutes Taker Attending -Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Remote Participation: Per 940 C-lR 29.10, Ian Golding is participating remotely due to geographical distance. Absent - Members: None Late Arrivals: LaFleur, 4:09 p.m. Larlier Departure: None Agenda adopted by unanimous consent *- fatter has not been heard 1. PUBLIC MEETING A. Announcements B. Appointment of Officers 1. Chair & Vice Chair— Steinauer nominated Bennett as chair and Erisman as vice chair. Champoux seconded: Carried unanimously by voice vote. Golding, Erisman, Bennett, Champoux, Steinauer, Topham C. Public Comment — Staff: Public Service announcement, July 18 at 4 p.m., Nantucket Land Council is holding a State of the Harbor Forum at G14YC on Washington Street Extension; it is free and open to the public. 11. PUBLIC HEARING A. Notice of Intent 1. Edwin Snider RT — 2 Brock's Court (42.3.4 -84) SE48 -2834 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham (Golding recused) Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Arthur J. Heath, for Fraziers — Asked the commission to postpone action to allow time for him and his client to clear up issues on the proposal. Started to review nine points for settlement being requested by the abutters, which are not related to this specific application. Libby Frazier, owner Public Paul Feldman, counsel for the abutters — This board has been asking for proper delineation for 1' /z rears. The abutters have submitted information from June and December 2015 on the full delineation of hydric soil; it has been ignored. Feels this should have been denied due to lack of providing that requested information. Asked that a continuance be granted only if an investigation of hydric soils is done on the property by a wetland scientist with the abutters allowed to observe the process. Also, there are enforcement orders against this property which have not been brought into compliance. Referred to photos from April 3, 201 showing landscaper who retrenched instead of clearing out the crawl space. Cormae Collier, Executive Director Nantucket Land Council — Echoed -Mr. Feldman's comments about the need for the wetland delineation. Discussion (4:20) Steinauer — Our major concern was that we have a current wetland delineation; he hasn't seen that come through and isn't willing to move forward until it does. The lines will need to be flagged then the line verified by staff and the third -party consultant; then it comes to the board. Frasier — April 2015 was the last delineation; presented at the table and reviewed a site plan with buffer lines. Champoux — We need the current wetland delineation. Erisman — She doesn't want to see item back on the agenda without that delineation. Frasier — Asked for a continuance for four weeks. Staff The new information presented at the meeting is cause for this to be continued. Asked that comments focus on protection of resource areas; the current application is only for the relocated house and patio. The application that included the pool has been withdrawn. The line on the plan presented at the table is 2015. -lotion Continued to August 9 by unanimous consent Vote N/A 2. Nantucket Community Sailing — 2 Bathing Beach Road (29 -2) SE48 -2953 (Cont 08/23/2017) Page 1of8 Minutes for July 12, 2017, adopted Tulv 26 3. Richard L. Nix, Jr & Elizabeth C. Nix Revocable Trust — 43 Starbuck Road (59.3 -49) SE48 -29'6 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — Provided an updated site plan showing only the proposed conditions for the restoration of the coastal bank and structure. The bank has a 4:1 slope; if there is a need for biodegradable mass, they will use that but would prefer to try this first. It will be irrigated until the grasses are established. Public None Discussion (4:09) None Staff Have everything needed to close. --lotion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously by voice vote 4. *Nantucket Islands Land Bank — 29 North Cambridge Street (38 -22) SE48 -2977 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Rachel Freeman, Nantucket Islands Land Bank — Resources are wetlands and coastal banks for a grater dependent project: H/C access to the view via a boardwalk and expanded platform. The boardwalk ism a different location than the existing path because it is coming off the proposed H/C parking space. Public None Discussion (4:15) None Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously by voice vote. 5. *Merrill A. Mc Cluskey — 110 Orange Street (55- 401.1) SE48 -2980 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — This is a response to an Emergency Certification for a failed sewer line; work has been completed and the certification has been issued. Lines went through existing lawn within the 25 -foot buffer to off -site wetland. Public None Discussion (4:51) None Staff The Sewer Department and Health Department required immediate repair. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously by voice vote 6. *Jayne E. Lane — 9 Swain Street (42.4.1 -78) SE48 -2982 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — This is for a single - family dwelling within a flood plain. The entire site is pre - disturbed lawn. The house will be on a flood - compliant foundation with pervious walkway and driveway. There is an above - ground spa set into the deck; it will be drained at the end of the rear. Public None Discussion (4:54) Steinauer — Would want a restriction similar to a pool in regards to chemical use in the water. Erisman — Asked how the spa would be anchored. Golding — Asked how deep the spa is in relation to ground water. Rits — Reiterated that the spa will not go into the ground. Staff The spa should be anchored similar to an above - ground pool. Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously by voice vote 7. *Fisher Lane Homeowners Association Trust — 101 Low Beach Road (75, Lot 32) SE48 -2983 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — This had approval to construct a driveway that would avoid wetlands, but that permit expired; asking for approval to complete grading the surface and running the utility lines down the road. The wetlands were delineated by Brian Madden, LEC Environmental in 2014. Public None Discussion (5:00) Golding — He's confounded that the driveway was permitted to run through wetlands. Rits — The new driveway avoids wetlands; only parts intrude on the buffer. Staff The site has been re- inspected; the description is still accurate. Have even-thing needed to close. �Iofion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously by voice vote Page 2of8 Minutes for July 12 2017 adopted July 26 8. *:Mary D. Starr — 19 East Creek Road (55 -60) SE48 -2985 Sitting Bennett, Erisman, Steinauer, Champoux, Golding, Topham (recused LaFleur) Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is to replace an existing licensed pier and elevated walkway located in the Creeks. Included with the plan is the plan for the actual license; it will be replaced in kind. Resource areas are saltmarsh and coastal bank. Asked for a two -week continuance. Public None Discussion (5:05) Golding — Asked if all work would be from shore. Gasbarro - There might be a small amount from a small float if working in waders are not possible Staff Need to continue to hear from the Division of Marine Fisheries. Motion Continued to July 26 by unanimous consent. Vote N/A 9. *Steven T. & Erin P. Freeman — 93 Baxter Road (30 -10) SE48 -2984 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is to allow the installation of coin fiber rolls and ti mber posts to stabilize the bank for a pre -1978 structure, which is in imminent danger of collapse. The geotubes are installed at the base and the bank vegetated as part of the `Sconset Beach Preservation Foundation (SBPF) project; but there was still erosion and slumping at the top of the bank. He identified roof runoff as part of the problem and proposal includes directing that away from the bank. There is an SBPF condition that the top seven feet remain bare; as part of that there has been no planting so the erosion continued. The overall length is just under 100 feet. Explained how the logs are anchored. Glen Wood, SBPF — He's been involved in other build -outs. Emergency Certificates were issued to houses falling onto the beach; one could have been issued here. This project doesn't adversely affect SBPF and Epsilon assessed it and found the project to be reasonable. Bob Kennedy Public D Anne Atherton, Nantucket Coastal Conservancy (NCC) — In early T iav, SBPF began their spring nourishment; there was a lot of activity- going on at the time this was being installed and no one spoke up. She feels the entire efficacy of the regulatory process is at stake; it was discovered because of the photos taken by NCC in May of the nourishment work. Feels the flagrant ignoring of the regulatory process by the owner warrants removing the project. Rick Atherton — Pointed out that there is no pressure on the board to act today. Cited another house on Baxter Road that received permission to move closer to the road and got permission from the Torn to be within the road layout; this owner could do the same and should be encouraged to look into that. Discussion (5:11) Steinauer — Asked how the slumping occurred. Gasbarro — Explained he believes the bank had not yet reached equilibrium; there was some settling of materials combined with the top vertical face trying to reach a natural angle of repose; the roof run off contributed to that. Installation of the run off system away from the bank has alleviated that issue. Erisman — She doesn't understand why the owner within the SBPF area would do this on his own. \ \hen the, are moving sand onto the geo -tube, asked if that would impact stability of this project. Gasbarro — No, explained the toe of the slope is not scraped out thus creating downward slumping. He doesn't know if it would have fallen under an emergency order. The project does meet the protected interests of the commission. Explained that planting plugs are in the jute logs. Bennett — Asked about the swallow nesting habitat along the bank. Kennedy — The upper part of this bank isn't swallow habitat; they require a vertical cliff of five feet or more, which is found south and north of this site. Steinauer — In general, we focus on listed species or try to find a way to work around them. He doesn't know. that the swallows are a protected species, which would merit a denial of this. Wonders if there might be grasses with stronger root systems that would better stabilize the top of the bank. Golding — Before erosion, there was heavy- vegetation on the bank. \When erosion started, and vegetation disappeared; that's when the swallows moved in. This is a project done without a permit; he thinks the board should say no and ask for it to be pulled out. Champoux — He feels ripping this out will do more harm; beach grass plugs at the top might help. Discussion about whether or not permitting this would set a precedent of doing work without a permit. Wood — Pointed out that the commissions "fining powers" is a deterrent. Another way to look at this is to look at the fine per diem from date of issuance of the enforcement order. Discussion about whether or not to impose a fine. Golding — Proposed this continue to get Town Counsel advice on what sort of penalty to impose. Steinauer — This is a pre -1978 structure and they have the right to a structural solution; the geotubes did not solve the whole problem. Agrees a penalty should be imposed. He believes that tearing this out would basically result in tearing down the house. Pointed out that if the commission denies this, it will be appealed and be in court for years. Gasbarro — The Zoning Board of Appeals has issued a permit to relocated the house, which is now one foot off the road. SBPF had nothing to do with this project; this owner took his own action and that there is no Page 3 of 8 Minutes for ]ulv 12, 2017, adopted Tuly 26 current enforcement order against SBPF in regards to this work. Believes that ripping this out for a house that does deserve protection doesn't meet the interests of this board. Golding — He doesn't think that this is serving the interests of the commission and agrees with _Ms Atherton. Asked that it be put to vote to have staff talk to Town Counsel about a possible fine. Gasbarro — Asked for a two -week continuance. Staff This is in response to an Enforcement Action. An emergency has to be declared by the building inspector. Explained the fine procedure under the code has issues in regards to what the penalty- would be. Don't need a motion to contact Town Counsel; the commission is instructing him to talk Town Counsel. Motion Continued to July 26 by unanimous consent. Vote N/A 10. *Dennis L. Winger & Barbara L. Waldman — 5 Old Quidnet Milk Route (20 -54.1) SE48 -2986 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This is for work within the buffer to a bordering vegetated wetland. Proposed work is outside the 50 -foot buffer for a pool, appurtenances, and fence in the lawn area. Didn't do a pool location test pit; it's related to the hydric soils that are part of the wetland delineation. Pool elevation is about 24; the elevation at the edge of brush is 18 feet and it keeps dropping to the wetland. Public None Discussion (6:07) None Staff The wetland is at about elevation 12. Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously by voice vote 11. *Christine A. Grillo — 43 West Chester Street (41 -231) SE48 -2987 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. — This is for two additions to the house within the 100 -foot buffer but outside the 50 -foot buffer to wetlands. Will replace an existing rear deck with a dry -laid patio between the 25- and 50 -foot buffers in existing lawn area. Public None Discussion (6:13) Golding — Puzzled about the patio between the 25- and 50 -foot; asked if it's a structure. Staff A pervious patio is exempt. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously by voice vote 12. *Nantucket Islands Land Bank — 231 Polpis Road (26 -28) SE48 -2981 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — This is to remove a single - family dwelling and associated structures and convert the area to open public- access areas with some invasive species management and landscaping. There is a large bamboo stand and some soil to be physically removed down to the wetland and will create a wetland replication area; some of the stand is within the 25 -foot buffer. They plan to remove a number of non -native trees and diseased trees and privet and remove some undergrowth. There is also a lot of debris on the property. A small parking area will be where some of the trees are being removed. All pervious parking is outside the 25' foot buffer. There is an existing footpath leading to an existing footbridge that will be repaired and the path maintained. There is an in -land flood plain but they don't have the FE'%L-1 information on that. Rachel Freeman, Nantucket Islands Land Bank Public None Discussion (6:18) Discussion about what will be done with the soil from the bamboo stand. Freeman — We have had limited success with herbicides on bamboo so want to try physical removal. Flooding the area might help. Steinauer — There is also black locust and black and white poplar on the property. Erisman — Asked what the timeline for work will be. Freeman — A lot of work is planned for fall and early winter with the house removal being first. Reviewed where possible walking trails might go. We are requesting one view shed of the pond at this time. Steinauer — This should be conditioned to monitor the bamboo removal. Freeman — They highlighted only the trees that will be removed. They will come in with a more detailed planting plan for the replication area; right now looking at excavating for it. Rits — The wetland is at elevation 15 and the will cut back to elevation 18. Concrete slabs and brick pavers will be removed in favor of a pervious biking /walking path; they are keeping the current driveway for vehicle access. Asked for a two -week continuance. Staff Need Massachusetts Natural Heritage letter. Motion Continued to July 26 by unanimous consent. Vote N /_1 Page 4of8 Minutes for Tiny 12, 2017, adopted ulv 26 B. Amended Orders of Conditions 1. Meyer — 41 Dukes Road (56 -327) SE48 -2881 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — There is an Order of Conditions to abandon the existing septic and tying into sewer and a dry well; all that is complete. This is to reconfigure and elevate the deck into the 50 -foot buffer; the revegetation area is 620 square feet and propose a mix of native bushes. Public None Discussion (6:41) None Staff Recommend close and issue. \lotion Motion to Close and issue. (made by: Steinauer) (seconded by: LaFleur) Vote Carried 6 -0 by voice vote: ( Champoux recused) 111. PUBLIC MEETING A. Requests for Determination of Applicability 1. Nantucket Islands Land Bank — 101 Miacomet Avenue (81 -149) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Rachel Freeman, Nantucket Islands Land Bank — This is for the removal of an infestation of Parrot Feather. It doesn't respond well to herbicides so would like to try installing a benthic barrier and hand pulling. Don't want to see it get into Miacomet Pond. Explained how the benthic barrier works-, it can be removed and reused. Public None Discussion (6:45) Steinauer — Another reason not to use herbicide is that this is in the water and it would wash off. Staff This project is partially in Miacomet Pond which is owned by the Town of Nantucket; Town of Nantucket has authorized the work. If you cut and break Parrot Feather, it turns into two; all you need is a node of it to start a new plant. Recommend a Negative 2 for work in the resource area. \lotion Motion to Issue as a Negative 2. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously by voice vote. 2. Edmund & Patricia Carpenter — 17 Columbus Avenue (59.3 -108) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — The deck has been changed so need steps; also want to install a new well which involves cutting a 14x20 space within the 25- to 50 -foot buffer; also wish to move a shed and place a gas fire pit outside the 50 -foot buffer to the wetland. Public Larry Flannery, 16 Columbus Avenue — The proposed moving of the shed affects his view of the pond and ocean; second concern is drifting embers from the fire pit-, two homes have burned down to the neighborhood. Sam Sheppard, 12 Midland Avenue — He has the same concerns. Discussion (6:56) Golding — The commission concern is how the relocation of the shed would the affect the wetland scenic view for the public from the road. Would like to know where the existing septic system is located and -,;-h %- the well has to go in particular location. Blackwell — Explained where the existing septic and existing well are located. The existing well has elevated salinity; won't know the quality of the water in the new well until it's dug. Staff The gas fire pit concern is a building department issue. Location of the shed is a Historic District Commission issue. Recommend a Positive 2 confirming the resource area and Negative 2 for work in buffer zone. \lotion Motion to Issue as Positive 2 and Negative 2. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously by voice vote. 3. Town of Nantucket — 40 & 42 Sparks Avenue (55- 601 &602) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Rob McNeil, Department of Public Works Director — Cemetery Commission has undertaken to determine the limits of and document burials in the cemetery. They need to clear shrub pine to use ground penetrating radar to locate any burial sites. Noted the largest tree he's documented is four inches diameter. Public None Discussion (7:10) Golding — Feels clearing the undergrowth is a good idea for other reasons as well. Suggested viewing to ascertain if any trees should be kept. Erisman — She has concerns with clear cutting; feels leaving some trees and habitat will encourage better management of the area. McNeil — He agrees about clear cutting. If there are burial sites there, it is up to the Cemetery Commission to what to do there. Gave an update on the mosquito control program. Staff The wetland boundary was confirmed and there is definitely pitch pine; at that time, no that the area has turned into a haven for secret parties; it is hoped that once it opens up, that kind of activity -,ill cease. Recommend Negative 3 to authorize a vendor to identify trees. \lotion Motion to Issue as a Negative 3. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously by voice vote. Page 5 of 8 Minutes for July 12, 2017, adopted iuE- 26 B. Minor Modifications 1. A Shuch Trustee — 45 Quidnet Road (21 -21) SE48 -2928 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Bob Emack — This is for the cottage on the pond to put in an irrigation well 25 feet away from the top of the bank. Public None Discussion (7:26) None Staff Recommend this be issued as a minor modification. Motion Motion to Issue as a Minor Modification. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously by voice vote. C. Certificates of Compliance 1. The Town of Nantucket — Easy Street Bulkhead Replacement 7 -21 Easy Street (_\Iultiple parcels) SE48 -2844 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Constructed and is in compliance. Recommend issue. Discussion (7:27) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously, by voice vote. 2. Foley — 87 Squam Road (13 -4.1) SE48 -2643 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff It is constructed in compliance. Recommend issue. Discussion (7:28) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously by voice vote. 3. Rowe 137 Wauwinet Road (11 -11.1) SE48 -2468 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff The septic is installed and the Operation and Maintenance _-agreement is in place with the Health Department. Recommend issue. Discussion (7:29) None Motion Motion to Issue. C/L (made by: Champoux) (seconded by-: LaFleur) Vote Carried unanimously by voice vote. 4. Nantucket Barn, LLC — 3 North Avenue (42.4.4 -17) SE48 -2710 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Buildings are constructed and Invasive Species project is complete. His concern is that phragmites will replace the knotweed. It is in compliance. Recommend issue. Discussion (7:30) None Motion Motion to Issue. (made by: Erisman) (seconded by: Topham) Vote Carried unanimously by voice vote. D. Orders of Condition 1. Van Den Born — 135 Wauwinet Road (11 -12) SE48 -2961 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This must be issued today. Crafted a permissive order: all walkways to be removed by hand and all exterior lighting to be directed way from resource area. Parking area will be materials storage area. Condition 21: a-ill add all debris to be removed by hand. Discussion (7:31) Champoux — risked if there is something about material being stored on site. _111 debris is to be removed. Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: Topham) Vote Carried 5 -2 by voice vote: Erisman and Bennett voted Nay. 2. Richard L. Nix, Jr & Elizabeth C. Nix Revocable Trust — 43 Starbuck Road (59.3 -49) SE48 -29 -6 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff All areas to be restored with beach grass. Will add Condition 20: exterior lighting directed away from resource area. Discussion (7:35) Topham — Need something on the lighting. Motion Motion to Issue as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried 5 -1 by voice vote: Erisman voted Nay. 3. Nantucket Islands Land Bank — 29 North Cambridge Street (38 -22) SE48 -297 7 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Will add Condition 19: walkway to be defined as only means of access. Discussion (7:38) Champoux —Would like it conditioned with only one walkway with other path blocked off. Motion Motion to Issue as amended. (made by: Champoux) (seconded by: Topham) Vote Carried unanimously by voice vote. Page 6 of 8 Minutes for July 12, 2017, adopted July 26 4. ',Merrill r1. Alc Cluskey — 110 Orange Street (55- 401.1) SE48 -2980 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Finding Nr 2 notes this is in response to an Emergency Certification. Discussion (6:41) None \lotion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously by voice vote. 5. Jayne E. Lane — 9 Swain Street (42.4.1 -78) SE48 -2982 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Has the normal no -fill condition. He will add a condition about no chemical treatment three weeks prior to draining. Discussion (7:42) None \lotion Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously by voice vote. 6. Fisher Lane Homeowners Association Trust — 101 Low Beach Road (75, Lot 32) SE48 -2983 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff He just updated the previous order. Discussion (7:43) None \lotion Motion to Issue as drafted. (made by: Golding) (seconded by: Topham) Vote Carried unanimously by voice vote. 7. Dennis L. Winger & Barbara L. Waldman — 5 Old Quidnet \iilk Route (20 -54.1) SE48 -2986 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Included the normal chemical treatment restriction used for pools. Discussion (7:47) None \lotion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously by voice vote. .\lotion (7:51) Golding — Wants the Order of Conditions to address the pool discharge. \lotion to reopened for the purpose of adding a condition about not discharging the pool on site. (made by: Golding) Vote Carried unanimously by voice vote. Discussion (7:53) Staff — He will add Condition 21 about pool discharge is to be done off site. \lotion Motion to Re -Issue as amended. (made by: Golding) (seconded by: Champoux) Vote Carried unanimously by voice vote 8. Christine A. Grillo — 43 West Chester Street (41 -231) SE48 -2987 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Noted an error: omitted information about the foundation and needs to add the waiver for separation from groundwater. Discussion (7:48) None \lotion Motion to Issue as amended. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously by voice vote E. Extension Requests 1. Nantucket Pond Coalition — Hummock Pond (81 -86) SE48 -2770 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is to extend the aquatic harvesting permit. He wants to maintain all the monitoring requirements so is recommending three one -year extensions. Discussion (7:55) None \lotion Motion to Issue three one -year extensions. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously by voice vote. F. Monitoring Reports 1. Sisk 153 & 155 Wauwinet Road (11 -3) SE48 -2639 Page 7 of 8 Minutes for JuIv 12 2017 adopted uh- 26 G. Other Business (7:59) 1. Approval of Minutes 06/21/2017: Approved by unanimous consent. 2. Enforcement Actions a. 12 North Road — Met with owner's representatives b. 93 Baxter Road — `Fill talk to Town Counsel about a fine schedule. 3. Reports: a. CPC, Golding — Nothing b. NP &EDC: Mr. Bennett reaffirmed as representative by unanimous consent. — Nothing c. Mosquito Control Committee, Erisman — Nothing 4. Commissioners Comment a. None 5. Administrator /Staff Reports a. None Motion to .Adjourn: 8:14 p.m. Submitted by: Terry L. Norton Page 8 of 8