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Home My WebLink About2017-10-1Minutes for October 18 2017 ado ted Nov. 1 CONSERVATION COMMISSION NA PUBLIC MEETING (' O',' i -�� 2 Bathing Beach Road r� Nantucket, Massachusetts 02554 2017i�pAO =w -ma ov No % " Wednesday, October 1, 2017 4 Fairgrounds Road, Training Room — 4:00 p.m. Commissioners: Andrew Bennett(Chair), Ashley Erisman(Vice Chair), Ernie Steinauer, David LaFleur, Ben Champoux Ian Golding Joe Topham Called to order at 4.04 p.m. Staff in attendance: Joanne Dodd, Natural Resources Office Administrator; Terry Norton, Town Minutes "Taker Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux Absent Members: Topham, Golding Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent `Matter has not been heard 1. PUBLIC MEETING A. Announcements and Public Comment — Lucy Dillon, Land Council Board — Reviewed success of manning a table at the Summer Farmers' Market. IL PUBLIC HEARING A. Notice of Intent I. :'\ Iary D. Starr — 19 East Creek Road (55-60) SE48-2985 (Cont 11/1/2017) 2. Nantucket Islands Land Bank — 21 & 27 Easy Street (42 - 20 & 18) SE48-3002 (Cont 11/15/2017) 3. 36 Lily Street, LLC — 36 & 36B Lily Street (42.4.3-93 & 94) SE48-3005 (Cont 11/1/2017) 4. `;afe Harbor Realty Trust — 2 Harbor View Way (42.4.1-31) SE48-3008 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — Involves elevating an existing structure, additions, and new garage in land subject to coastal storm flowage at flood -plain elevation 7. Dwelling will have crawl -space foundation -,vith flood vents and garage on slab with flood vents. At this time there is nothing proposed for propane tanks. Public None Discussion (4:06) Erisman — Pesticides, gasoline, etc. should all be stored above the flood level. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 5. Fdmund & Patricia Carpenter — 17 Columbus Avenue (59.3-108) SE48-3007 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Represenrative Jeff Blackwell, Blackwell & Assoc. — This was held to ascertain if the applicant would consider different foundation design within a flood zone; it will be a pier -supported structure and the garage to have vents. Public None Discussion (4:10) None Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 6. *Cahill — 44 & 46 Squam Road (13-28 & 29) SE48-3010 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — This is a proposal for an addition located outside the 50 -foot wetland buffer with a little grading around the septic; the grading is within the 100 -foot buffer but the septic is not. The addition is going into a lawn area. Public None Discussion (4:12) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 1 of 7 AM 8: , Minutes for October 18, 2017 adopted Nov. 1 7. *Benson & Henderson Enterprise, LLC — 8 Bassett Road (26-38) SE48-3015 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — This was previously approved but not acted upon and expired. _-Umost all the property is within the 100 -foot buffer to a wetland; the septic is outside the 100 -foot buffer with tanks inside the buffer. Work is to remove the existing dwelling and construct a new house, shed, pool, and add new pervious surface to drive and walkways. Detailed the resource areas. All structures are outside the 50 -foot buffer with some proposed landscaping within. Depth to groundwater is 40 to 50 inches; did request a waiver for the foundation and pool. Noted there is no place to drain the pool on site so it will have to be pumped. Aren't anticipating the need for dewatering; they did not find full saturation. He believes the foundation is proposed as a crawlspace. The test pits were done by where the septic will go. Public Emily Molden, Nantucket Land Council Lucy Dillon, Discussion (4:14 Erisman — That is a lot of area to be displaced. Champoux — The waiver for distance to groundwater as it affects the site, we need to know- for certain if the foundation will be a full basement or crawl space. Even with a crawlspace, a sump pump will be needed and that has to be discharged outside the buffer. Rits — The grade will be brought up a foot or two for the pool. LaFleur — Wants information for a dewatering plan and where a sump pump would discharge. Molden — Most concerns were covered. It shows the silt fence on the driveway; asked why the silt fence isn't being extended to the road. Also she has concern about potential dewatering; typically the commission doesn't permit permanent dewatering. The reserve area looks to be outside 100 feet; asked why there is a Board of Health (BOH) waiver request. Rits — Explained the grading will mitigate the need for a silt fence the full length of the driveway. He will check on the need for a sump pump. The BOH waiver is for the type of septic and bedroom count. Erisman — Asked that the silt fence be extended to the street. Dillon — Asked about the frequency of the pool -water pumping trucks. Asked where the upper area sump pump would be. (That is to be provided.) There is a great deal of conservation land and expressed concern about parking on it. Rits — Asked for a 2 -week continuance Staff None Motion Continued for two weeks by unanimous consent. Vote N/A 8. *Kaytes — 14 Bassett Road (26-41) SE48-3016 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — Site redevelopment/reconfiguration; reviewed the scope of work. The area of work is all lawn and landscape with nothing native. There are no water issues on this lot; the wetlands are at about elevation 21 with all work in the 30s. The spa would be set flush or close to the deck; that would be elevation 36. The foundation will be a full basement. Public None Discussion (431) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 9. *12 1\Ionomoy Road, LLC — 12 ;\lonomoy Road (54-142) SE48-3011 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux 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 an isolated vegetated wetland to replace an existing swimming pool and retaining wall; a portion of the wall is within the 50 -foot buffer but outside the 25 -foot buffer. Asking for a waiver for separation from groundwater for the footings of the wall. Groundwater is at about elevation 6.5 with the pool at elevation 20. There is a large area outside the buffer if it is necessary to discharge dewatering. Could condition to discharge water to the southeast so water won't run back into the wetland. Public None Discussion (4:38) Erisman — Asked if the deck is being converted to a patio. Gasbarro — The amount of bluestone coping will increase and there is a patio elevated within the retained area but outside the 50 -foot buffer. No pool fencing is within the 50 -foot buffer. Steinauer — Noted that sometime the silt fence is attached to the pool fence. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously Page 2of7 Alinutes for October 18 2017, adopted Nov. 1 10. *:Mone Anathan. III — 84 Pocomo Road (15-40) SE48-3012 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey- — This is for a sand -drift fence at the base of a coastal bank. North and south neighbors already have it. The bank here is at about elevation 38 and fairly stable so no stabilization is planned; but bare areas on the bank itself will be planted. Public None Discussion (4:45) Champoux — Asked about the nourishment sand. Pointed out there will be a time when sand has to come from off island. Gasbarro — Nourishment sand isn't necessary. The plugs would be put in by hand. Staff Have everything needed to close. Motion Motion to Close. (made by: LeFleur) (seconded by: Champoux) Vote Carried unanimously 11. " Shawkemo I, LLC — 36 Shawkemo Road (27-3) SE48-3014 Sitting- Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Brian Madden, LEC Environmental — This is for an addition on a single-family dwelling and to extend a roof and add a pergola over an existing stone patio. When the Certificate of Compliance was issued in 2006, there was only a wetland identified; based upon 2014 changes, there is now a coastal bank and land subject to coastal storm flowage. The addition is entirely within lawn -landscaped area. Flood zone elevation is 7. Asking for a waiver under no adverse affect for work within the 50 -foot buffer to the coastal bank. Structure within the 50 - foot buffer will be 150 square feet (SF). Public None Discussion (4:51) Erisman — She'd like to see all the trade-offs together to justify the wall within the 50 -foot buffer. Need to watch the landscaping encroaching further toward the wetlands. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 12. 'Flint Hills Partners, LLC — 74 West Chester Street (41-478) SE48-3017 (Cont 11/1/2017) 13. ' Halik — 221 Madaket Road (59-42) SE48-3009 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — This is to construct a pool and patio within 100 -feet of a bordering vegetated wetland and land subject to coastal storm flowage. There is no coastal bank. Groundwater is at elevation 1.7 and the pool is at elevation 8. Public None Discussion (5:01) Champoux — The position of the pool follows our criteria but it is odd. Staff Have everything needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 14. *_August Pointe, LLC — 8 Willard Street (42.4.1-55.1) SE48-3013 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Jeff Blackwell, Blackwell & Assoc. — There was an Order of Conditions to demolish the existing dwelling, this is for a new structure on the now subdivided lot. Resource is land subject to coastal storm flowage. Roof runoff will be channeled into low -profile inculcation chambers. No fill is proposed. Public None Discussion (5:07) None Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 15. "\Ieisenberg — 30 Wauwinet Road (20-18) SE48-3018 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux 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 to add an I/A septic system. Explained how the existing system will be decommissioned. Public Emily Molden, Nantucket Land Council Discussion (5:10) Molden — This is an improvement; however, there are concerns about aspects of work that have peen done in regards to the shed in the back and expansion of lawn area and a deck that doesn't show up on an earlier aerial. li Gasbarro — This plan shows existing conditions. He didn't look into the history of work. He xvill try to handle the unpermitted as part of this NOI. risked for a 2 -week continuance. Staff None \lotion Continued for two weeks by unanimous consent. Vote N/A Page 3 of 7 Minutes for October 18 2017 adopted Nov. 1 B. Amended Orders of Conditions 1. Steven L. Cohen, Trustee — 68/72 Monomoy Road (43 - 119&115) SE48-2803 (Cont 11/1/2017) 2. Biggio — 155 Wauwinet Road (11-1) SE48-2808 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey — This was a renovation of an older cottage; the scope of this amendment is to increase the permitted area of work around the house to facilitate lifting it for foundation work. Resource areas are coastal dune and coastal beach. The work area would be restored back to form. ,mother aspect of this is to remove sand that has blown under the house-, it will either be trucked away or returned to the edge of the beach; explained how that would be done. Public None Discussion (5:19) Erisman — Asked about issues with envelope and Massachusetts Natural Heritage ('\[NH) restrictions. Gasbarro — There is a conservation restriction held by the Land Council. In term of -\[\H, he would agree to a time -of -year restriction for placement of the sand. Staff Recommend close and issue. Motion Motion to Close and Issue. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 111. PUBLIC MEETING A. Requests for Determination of Applicability 1. Roanne Goldfein — 9 Pilgrim Road (41-216) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering — This is for work outside a 50 -foot buffer to an off-site wetland. Asking for a permit for portions of a proposed house, garage, grading, pool fence, walkways, and pervious driveway. He is not requesting any waivers. The silt fence will be set along the propem line with the pool fence. Public None Discussion (5:25) Steinauer — It seems like a lot of work but it's all permissible. Staff Recommend approval as Positive 2B. Motion Motion to Approve as recommended. (made by: Champoux) (seconded by: Stemauer) Vote Carried unanimously 2. 9 Swain Street, LLC — 36 Western Avenue (87-133) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Stan Humphries, LEC — This is on the boundary of a coastal dune. The flood plain doesn't encroach at all. He is trying to identify wind-blown material on top of out -wash plain glacial material. To the west is conservation land; from the dune, topography flattens then rises east of this propem . Public None Discussion (5:28) None Staff Recommend approval as a Positive 2A,. ;Motion Motion to Approve as recommended. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 3. Nantucket Commons Condominium Association — 4 Bayberry Court (55-704.2) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Wolfe, Condominium Association — This is for a sewer connection for building on the street which w -as built in the 1980s. The septic no longer functions efficiently The wetland is across Bayberry Court from this lot. The connection will be about 50 feet long. Public None Discussion (5:34) Erisman — asked where the existing septic tanks are located. Staff Recommend approval as a Positive 2B. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 4. Bass — 34 Western Avenue (87-82) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Stan Humphries, LEC — This concerns a landward coastal dune; sampling indicated a thicker veneer to the north which abruptly changes to glacial material despite the coastal brush. Public None Discussion (5:36) None Staff Recommend approval as a Positive 2A. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded bv: Champoux) Vote Carried unanimously Page 4 of 7 Minutes for October 18 2017 ado ted Nov. 1 B. Minor Modifications I. Nantucket Islands Land Bank— 48 South Cambridge Street (59.342) SE48-2938 (Cont 11/1/2017) C. Certificates of Compliance 1. Vinecliff Number Two Nominee Trust - Formerly 47 CIO'Road (29-43) SE48-2827 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Staff This is for retaining walls. Recommend issuance. Discussion (5:40) None Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 2. Vinecliff Number Two Nominee Trust - Fonwerj47 C10'Road (29-43) SE48-2753 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Staff Plans show a fire pit that wasn't built. Recommend issuance. Discussion (5:40) None Motion Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 3. Peacock — 46 'W'est Miacomet Ave (86-6) SE48-2814 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Staff This was for rebuilding a house. Recommend issuance. Discussion (5:41) None Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously 4. live on a Dime, LLC — 8 Pilgrim Court (41-217,217.3, 217.4) SE48-2899 (Cont 11/1/2017) 5. Bell — 13C Willard St (42.4.1-15.3) SE48-2887 (Cont 11/1/2017) D. Orders of Condition 1. Safe Harbor Realty Trust— 2 Harbor View Way (42.4.1-31) SE48-3008 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff Will add condition about storage of chemical & petroleum products. Discussion (5:42) Champoux — storage of toxins above flood elevation. '\Iotion Motion to Approve as amended. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously- 2. Edmund & Patricia Carpenter — 17 Columbus Ave (59.3-108) SE48-3007 Sittvig Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff Will same condition regarding storage of petroleum and chemicals. Discussion (5:44) Bennett — This should have the same condition as SE48-3008 Motion Motion to Approve as amended. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 3. Cahill — 44 & 46 Squam Road (13-28 & 29) SE48-3010 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff None Discussion (5:45) None .Motion Motion to Approve as drafted. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 4. K iytes — 14 Bassett Road (26-41) SE48-3016 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff There is a condition for lighting to be downward. Discussion (5:47) Champoux — This does not have the separation from groundwater issues. Motion Motion to Approve as drafted. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 5. 12 Monomoy Road, LLC — 12 Monomoy Road (54-142) SE48-3011 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding Documentation Draft Order of conditions. Staff Will add a condition about the draining -discharge area Discussion (5:49) Steinauer — Noted dewatering should be pumped outside ConCom jurisdiction. Bennett — Suggested to the southeast corner where it won't drain back in. Motion Motion to Approve as amended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously Page 5 of 7 Minutes for October 18 2017 adopted Nov. 1 6, Mone Anathan. III — 84 Pocomo Road (15-40) SE48-3012 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff None Discussion (5:51) None Motion Motion to Approve as drafted. (made by: Steinauer) (seconded bv: LaFleur) Vote Carried unanimously 7. Shawkemo I, LLC — 36 Shawkemo Road (27-3) SE48-3014 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff None Discussion (5:52) None Motion Motion to Approve as drafted. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 9. Hahk — 221 Madaket Road (59-42) SE48-3009 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff This has the standard pool conditions. Discussion (5:53) None Motion Motion to Approve as drafted. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 10. August Pointe, LLC — 8 Willard Street (42.4.1-55.1) SE48-3013 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Draft Order of conditions. Staff Will add the condition about storage of petroleum and chemical products. Discussion (5:55) Erisman — This also need a condition for storage of materials. Motion Motion to Approve as amended. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously E. Other Business (5:57) 1. Approval of Minutes 09/20/2017: Approved by unanimous consent. 2. Enforcement Actions a. 353 Madaket Road Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Documentation Plans and maps. Representative David M. Haines, Haines Hydrogeologic Consulting — This house lost 35 feet of shore line and needs to be move immediately. They need a ConCom permit or enforcement order to get the building permit to more it and to access the property. It will either be temporarily relocated on the property prior to a move to another lot or be situated in such a way as to try to get three more years in that location. Explained the location of the septic in relation to the bank and that it still functions. They will come back with a NOI if it doesn't more off the site. There is a 4 -foot crawlspace but there is concern that trying to remove the ocean -side wall will destabilize the bank; suggesting putting sand behind it. Staff To keep the structure on the lot will require a NOI. Discussion (5:57) Erisman — When the erosion reaches the foundation wall, it will need to be immediateh- removed. She thinks the house should be moved off the lot; moving it back three feet will only require it to be moved again. She's concerned about what would be used to fill in the old foundation. Steinauer — This is just to get the house out of the way; they'll come back with a NOI for further relocation. Motion Motion to Issue the enforcement order. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 3. Reports: a. NP&EDC, Bennett b. Mosquito Control Committee, Erisman 4. Commissioners Comment a. Steinauer — The burn season is starting again; last spring Nantucket Islands Land Bank had permission to burn through a field by the sewer bed to the coast; apparently that angered some people. Decided it i s not a good idea in the fall; we want the vegetation strong for winter overwash. He recommends ConCom not allow burning within the 25 -foot buffer to dunes in the fall; there probably isn't any good reason ever to bum within 25 feet. Page 6 of 7 Minutes for October 18, 2017, adouted Nov. 1 5. administrator/Staff Reports a. Pocomo Neighbors SE48-2874: Erisman — about a week ago in the Pocomo area; the irrigation sprinkler went off less than 12 hours after rain. She feels regulations on irrigating within our jurisdiction needs to be tightened up. Champoux — Moisture sensors are a set-it/forget-it thing; the explanation is that the rain sensors on Nantucket are ven sensitive and fog shuts them off then they don't turn back on. Motion to adjourn: 6:21 p.m. Submitted by: Term I,. Norton Page 7 of 7