HomeMy WebLinkAbout2017-11-1Minutes for November 1 2017 adopted Nov 15
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
Nantucket, ;Massachusetts 02554
www.nantucket-ma.gov
Wednesday, November 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 4:06 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Terry Norton, Town Minutes Taker
Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
.�
.-lbsent Members: Topham
Late Arrivals: LaFleur, 4:08 p.m.
Earlier Departure: None
D
Agenda adopted by unanimous consent
"Matter has not been heard
I. PUBLIC MEETING
i
A. Announcements — On the Town website, the Town has posted a survey called hazard mitigation survey;
askec19,eopl'
fill it out. It will be helpful in creating a plan for the Town.
B. Public Comment — None
N
11. PUBLIC HEARING
A. Notice of Intent
1. Nantucket Islands Land Bank —17 Commercial Wharf & Unnumbered Lot New Whale Street (42.2.4-7 & 8) SE48-2885
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey — This is for Petrel Landing to upgrade the reverment and add
a floating dock. Reviewed changes made per input from the commission and the public. 'Most significant
change is the vertical steel bulkhead has been eliminated in lieu of maintaining the stone revetment. Submitted
documents about how this area would be managed by the Land Bank; the purpose is to supply an access per
the Harbor Plan. Only vessels up to 27 feet may tie up at the dock. In regards to environmental concerns, they
submitted detailed information on how the project is designed to avoid adverse impact to areas of concern. We'
were proposing to use dredged soil to fill in behind the bulkhead; instead that material will be disposed of
offsite. The existing pilings will be removed. This dock is not for commercial use.
John Ramsey, Coastal Engineer Applied Coastal — The first design change is the slope on the east facing
revetment, which will be a stone face; it will dissipate wave energy; the other sides will be more vertical. In
regards to erosion due to dredging, we looked at a 10 -year storm event model and ascertained the change of
wave height is one-eighth of a foot. Historically, there have been different configurations of this pier.
Pam Lindenberg, PhD, Coastal Ecologist.
Eric Savetsky, Director Nantucket Islands Land Bank (NILB)
Glenn Wood, Rubin and Rudman, LLP
Public Arthur Reade, Reade, Gulhcksen, Hanley, & Gifford LLP for Richard Con-, 21 Commercial Wharf
Daniel McDonald for Richard Cory, 21 Commercial Wharf
Milton Rowland, Rowland & Associates, 15 Commercial Wharf
Valerie Moore, Nutter McClennen & Fish LLP, for David Muller, 13 Commercial Wharf
Discussion (4:10) Champoux — Confirmed how much the land under the ocean is changing.
Ramsey — Waves don't break in this area now so dredging won't change that; it will only slightly change their
direction
Lindenberg — The most recent iteration brings the project outside the eel grass habitat.
Steinauer — Asked what density of eel grass defines scallop habitat.
Lindenberg — They prefer habitat where eel grass is contiguous and dense. Pointed out that this area is
prohibited from shellfishing due to the water quality; the sediment is dark, black, muddv, and fine silt. Thev_ saw
very few shellfish, to include quahogs, in this area. This is not optimal shellfish habitat.
Ramsey — The silt is black so it's probably organic.
Golding — Asked about the effect of dredging.
Lindenberg — Dredging could expose clean sand, which is beneficial.
Bennett — The shellfish and grass has survived activity in the area; curious about the statement it will be ab'.e ro
handle this additional activity.
Lindenberg — The habitat will improve with the removal of filthy material, and, she believes, the natural
resources will repopulate.
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Minutes for November 1 2017 adopted Nov. 15
Steinauer — Asked if sampling is part of the plan. It would be interesting to know if what Dr. Lindenberg says
happens.
Gasbarro — Pre- and post -work grass surveys are part of the plan. Reminded the board that this project isn't
actually in the eel grass bed.
Erisman — Asked if there is concern about contaminants in the sediment being released.
Gasbarro — There is a sediment curtain to be used during dredging. We have submitted sediment samples and
found high concentration of organic matter; there is some heavy metals. We reduced the volume of dredging
by about one-third.
Golding — Asked what the heavy metals were found.
Gasbarro — He'll provide that information. In discussions with the prior Department of Public Works (DPW,
Director, they determined the sediment is suitable for disposal at the landfill.
Steinauer — Asked if the black muck is normal for that type of area.
Lindenberg — Yes.
Gasbarro — There is a long history of dredging in this area going back to the steamer Petrel, the 1800s. He also
feels what is being proposed will help control the activity on this property; information on how- that will be
accomplished is part of the packet.
Erisman — Asked what the docking hours will be.
Savetsky — There is a night patrol, which will ticket and removed anything found there over night.
Wood —There is a management plan included in the NOI.
Gasbarro —There is a letter of support for this project from the Harbor Master.
Reade — His client has many concerns and has engaged Daniel 'McDonald, a coastal engineering expert, who
has reviewed the material. Submitted a summary of -Mr. McDonald's findings at the table.
McDonald — After reading the Applied Coastal report in the NOI, there is concern about the removal of the
sand which has served as a buffer for wage energy-, wetlands, and coastal buffer. The baseline is mostly in the
shadow of the landing. The impact of a few inches was dismissed as negligible. This is an area where wares
don't get as high as in the open ocean. The increase in wave height is 10 to 201,o with a 40 to 50° o «-ave enerp
increase; that is not insignificant. East of the landing, there would be a 40-50% increase of the wave impact
100-130 feet from the landing. In regards to using the 10 -rear storm as a baseline, he feels in this case they
should also look at a 50- or 100 -year storm model because small waves pass over the sandbar but larger waves
are likely to break. Reviewed the location of the sandbar and the area he looked at in regards to the shift in the
contour. There is visible evidence of erosion on Commercial Wharf undermining its structure; am thing that
might increase that should be looked at.
Bennett — Asked if the effect on the Town Pier was considered.
Ramsey — We didn't look at direct impact on it. One thing to keep in mind is this area is under water in a 10 -
year storm but we tried to run the model at a lower level; in a shallow water environment, wares touch the
bottom and start breaking; the energy begins to dissipated before it reaches the land. He doesn't think the
sandbar is a firm feature; it would shift and move. Reiterated the amount of dredging is minor.
Steinauer — A 50% increase in wave size could be significant.
Ramsey — In this area, the wave heights are perhaps 1 to 1.5 feet; in the open harbor they are about 3 feet.
Looking at historical maps, the shore line has been extremely stable; the beach is not a sediment beach.
Golding — Asked what the modeling is based on.
Ramsey — Explained the model software he uses.
McDonald — He uses the same software. Pointed out that in addition to potential erosion along the beach,
erosion of the wharf foundation and joints is more subtle and can lead to failure. Abutters provided video of
waves breaking on the beach during storms.
Gasbarro —There has always been a channel through here; we aren't removing a protective barrier.
Rowland — Feels they should study using the existing channel then cut across to the landing, that would also
decrease the noise for the neighbors and further reduce the amount of dredging. He presented this idea to the
NILB Board.
Lindenberg — Her concern is that what \Ir. Rowland suggests would go through an eel grass habitat. Also
doing that would be more detrimental to other properties by creating exposure.
Gasbarro — Noted that from the fuel dock to the sandbar a large channel exists; coming in the other way
would require the same amount of dredging. Clearance is necessary around the dock and this proposal has the
least impact. He has discussed mooring locations and moving some moorings with the Harbor Master.
Rowland — Regarding the ramp to the floating dock, it would be more convenient on the southeast corner and
would be closer to the area of foot traffic.
Gasbarro — He looked at that; one problem is the other floating dock; the ramp would be right in the middle
of it where people are walking.
Rowland — It seems long for a transient use dock; asked if it could be shortened.
Gasbarro — He doesn't think the 140 feet dock will be long enough; three boats might be able to ties up at
once. One side would be for drop-off/pick-up and the other would be for transient tie up.
Moore — Her client shares the concerns about removal of the sediment and also has concerns about the lack of
information on eel grass and shellfish; the last surrey doesn't cover the entire envelop and is lacking the
sampling data as to whether or not it is appropriate to dredge. There is a need for a post -construction eel grass
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Minutes for November 1 2017 adopted Nov 15
monitoring plan; asked the commission to include that. Contends the proposed revetment is prohibited b%- the
bylaw; there is no pre -1978 structure here. This is a new structure to replace the existing rip -rap which is not
failing. If there is no issue with erosion, so there is no need for a coastal erosion structure. Contends this «ill
substantially change the wetland scenic views. A 140 -long foot pier is a commercial structure under local
bylaws. There is no information on the affect of propeller backwash on the eel grass. This should required a
special permit; and believes it requires Article 97 approval.
Gasbarro — We addressed the sediment initially; we aren't proposing any new structure beyond what exists; the
erosion that's been happening is above the revetment and the silt has been happening over time. In regards to
wetland scenic views, the view is of the Town Pier at a higher elevation than a floating dock. In terms of
monitoring, we'll provide in writing the commitment to doing the pre- and post -construction survey.
Wood — Doesn't see any relevance of Article 97 to ConCom; it has nothing to do with the Wetland Protection
Act. The special permit is a zoning issue.
Savetsky — Article 97 is a TNIGL which requires land being transferred going through a regulator- process. This
is not a pristine wildness; it's improvement of a site. The Harbor Plan urges this site to become more useful.
Lindenberg — The prop wash is not an issue because there is no habitat in the area; water depth -,,ill be
maintained to prevent prop wash. Reiterated her opinion that removing the sediment will increase the water
quality in the area.
Moore — The wetlands regulation requires piers be built in compliance with the zoning bylaws and a pier this
long requires a special permit.
Savetsky — Noted NILB is deemed municipal, but he'll look into that.
Gasbarro — Requested a 2 -week continuance.
Staff He agrees Zoning, Land Bank, Historic District Commission requirements are all outside this commission's
jurisdiction.
\lotion Continued to Nov. 15 by unanimous consent
Vote N/A
2. \Mary D. Starr — 19 East Creek Road (55-60) SE48-2985 (Cont 11/15/2017)
3. 36 Lily Street, LLC — 36 & 36B Lily Street (42.4.3-93 & 94) SE48-3005 (Cont 11/15/2017)
4. Benson & Henderson Enterprise, LLC — 8 Bassett Road (26-38) SE48-3015
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering — Submitted supplemental information and a revised site plan to address
concerns of the commission and public: extended silt fence, provided cross section of the foundation and pool,
dewatering will be to an infiltration trench outside the 100 -foot buffer, and no permanent dewatering.
Public None
Discussion (5:28) Erisman — Asked about the deep end of the pool and separation from groundwater. She's concerned about
the pool's proximity to ground water.
Rits — The deep end is about 4 feet above the seasonal high standing water was observed; they have asked for
a waiver.
Staff Have everything needed to close.
\Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux)
Vote Carried unanimously
5. 'Flint Hills Partners, LLC — 74 West Chester Street (41-478) SE48-3017
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors for Vaughn, Dale, Hunter and Beaudette P.C. — This is an amendment to
an expired order of conditions issued August 2012. At that time, this project was permitted for Alfred Lane
renovate and expand two existing dwellings. The work was completed on the primary- dwelling in conformance
with what was proposed. There is currently a shower platform and two air-conditioning units (AC) that weren't
shown as part of the original permit. In regards to the secondary dwelling, the west elevation steps were
removed; a cellar access was added that wasn't on the original Order of Conditions; everything else was done in
compliance. The 25 -foot buffer was existing lawn at that time and still is. The next component was removal of
an existing driveway, which still exists. This NOI asks to keep the driveway in place. For the replanting of
disturbed areas, there was an invasive species removal that did not get completed; that will be completed with
this proposal, except for a small stand in front of the dwelling that is a landscape feature. The issues in regards
to the shower platform and two ACs is open to discussion. The third component was to revegetate as much of
the 25 -no -disturb after invasive species removal; would like to keep what is lawn. Will be asking for a
continuance.
Public None
Discussion (5:36) Golding — He remembers this; a compromise to permitting building within the 50 -foot buffer was the removal
of the driveway.
Steinauer — Confirmed the shower was an open platform with shower head only used for rinsing off.
Santos — The mechanical room and deck, which were in the 25 -foot buffer, were removed.
Champoux — Read the August 8, 2012 minutes regarding the removal and revegetating of the driveway.
Santos — He'll remove the platform and \C; he would ask for keep the stand of Russian olive and honeysuckle
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Minutes for November 1 2017 adopted Nov. 15
in the middle of existing lawn and keep the gravel driveway in place with a modification to the buffer zone
along the edge. It's a pervious driveway- that's always been access to the back of the property. There is an area
that could be planted and replicated.
Erisman — Noted other invasive species on the property. Would like to see the square footage of the driveway
replicated elsewhere.
Golding — He feels the owners have done what they wanted to do but didn't do what they didn't want to do.-
he
o;he thinks allowing the driveway to remain sets a terrible precedent and the commission should hold out for
compliance with the original Order of Condition.
Santos — Asked for a two-week continuance.
Staff When he was approached for a Certificate of Compliance for propery transfer, he pointed out it was not in
significant compliance. The restoration of the 25 -foot buffer and removal of the driveway as a net benefit were
a critical component to approval.
Motion Continued to Nov. 15 by unanimous consent
Vote N/A
6. * Meisenberg — 30 Wauwinet Road (20-18) SE48-3018 (Cont 11/15/2017)
7. *limes — 16 Plover Lane (12-52) SE48-3025
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey- — This is for the upgrade of a failed septic to I/A technology
and a deck. Work is within 100 -foot buffer; there is no reasonable alternative. All of the property is within 100 -
feet of an isolated vegetated wetland and two wells. Asking for a waiver under no reasonable alternative/no
adverse impact. Clarified the location of the deck.
Public None
Discussion (6:03) Steinauer — This would be a significant improvement
Staff He double-checked with the Health Department that having a deck over the leech trench is okay. Talked with
Health about properties like this with overlapping setbacks of wetlands and wells; the wetland is considered the
least critical. Also the isolated vegetated wetland looks like it's part of a man-made pond; the liner is visible.
Have everything needed to close.
Motion Motion to Close. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
8. *17 Eat Fire Spring, LLC — 17 Eat Fire Spring Road (20-58) SE48-3024
9. *15 Eat Fire Spring, LLC — 15 Eat Fire Spring Road (20-57) SE48-
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey — These two projects are intertwined and could be considered
simultaneously. This is a bordering vegetated wetland system separating the properties and is for residential
development and redevelopment on property served by septic and wells. On 15 no structures proposed within
the 50 -foot buffers and now activity within the 25 -foot buffer; on 17 a portion of the existing main dwelling is
within the 50 -foot buffer and will remain with no work, other structures are outside the 50 -foot buffer; the
guesthouse within the 50 -foot buffer will be removed. The Land Management Plan addresses removal of
invasive species. Haven't heard from Massachusetts Natural Heritage (MNH). Committed to all contractors
and construction deliveries will use Eat fire Springs Road; Chase Lane would only be used to get the excavator
and septic tanks in to the property; concrete could be pumped keeping those trucks off Chase Lane. _yrty
disturbance from tracks along the edge could be hand raked and restored along Chase Lane. The Land
Management Plan also addresses no removal of large, mature trees to maintain a privacy- buffer. Reviewed
historically mown areas. There is no proposal to change the walking path through the wetland, only maintain it.
Seth Wilkinson, Wilkinson Design
Public Emily Molden, Nantucket Land Council
Amanda Cross, 9 Wauwinet Road
Discussion (6:11) Erisman — Asked about the MNH.
Gasbarro — We filed with _MNH and we know they- have concerns about some moss species, blue-eyed sand -
plain grass.
Wilkinson — We submitted the rare -species request form early and got about six or seven species that aren't
typically found when surveying. Page three of the Land 'Management Plan identifies the endangered species
habitat. The one commonality is the open habitat, which benefits all the species; he had recommended it not be
mown this past summer, so we could see how quickly it reverts to natural state.
Erisman — Night lighting would be very detrimental to the species; thev can't tolerate it.
Molden — In regards to the walking path, asked what maintenance it would require. Looking at the conversion
of some of the area into lawn, pointed out that it's about 50 feet away from an open water body that is sensitive
to fertilizer; would like documentation of fertilizer use and assurance the landscaper is certified.
Gasbarro —The walking path isn't visible on aerials because of the canopy; maintenance would be by hand and
it would be kept as a walking path. He would accept conditions to use best management practices in regards to
upkeep of the lawn.
Cross — She has lived next door since 1974. There was a path that circled the pond; it grew- back in. Noted that
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Minutes for November 1, 2017, adopted Nov. 15
parking on Chase Lane is very dangerous and trucks and panel vans should not be allowed to do that. Also, she
would like the natural buffer of trees maintained between her garage and the main house on this propern .
Wilkinson — Assured that within the buffer, the removal would only be of vines and invasive species.
Gasbarro — -Asked for a two-week continuance.
Staff None
lotion Continued to Nov. 15 by unanimous consent
Vote N/A
10. Albert Rabil, III & Tamara Lee Rabil — 141 Cliff Road (30-1,2,3,4,5,6&7) SE48-3026
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — This is for stabilization and grading at the toe of the coastal bank with
seven fiber -roll arrays. The mean high water is approximately elevation 1.2; the bank base is elevation 5; flood
level is elevation 9, velocity zone. This requires Natural Heritage Endangered Species Protection (NHESP
review; they don't have that response yet. Permanent access would be through a lower spot in the bank. The
top of bank is elevation 20 to 30.
Seth Wilkinson, Wilkinson Design — This design is similar to 15 Hallowell; reviewed the design.
Public None
Discussion (6:37) Champoux — Asked how it would be renourished.
Golding — There this no calculation of the annual sand loss. He'd like that information to see how this is
working going forward.
Champoux — The walkable -beach component should be memorialized in the plan.
Staff Walkable beach has been calculated with the beach to remain walkable through all tide cycles.
\lotion Continued to Nov. 15 by unanimous consent
Vote N/A
11. Alice M. Rochat — 100 Low Beach Road (75-27) SE48-3027
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — This is for the proposed construction of a pool, cabana, pergola, patio
and fence in the buffer to two small vegetated wetlands, coastal dune and coastal bank; it is adjacent to a
FE -U-1 flood hazard line. This design is generic for the purpose of marketing. Work is outside the 25 -foot no -
disturb zone and structures outside the 50 -foot buffer. The pool needs a waiver for separation from ground
water for the deep end to be within two feet of high water.
Public Emily -lolden, Nantucket Land Council
Discussion (6:48) Golding — He'd rather see an actual plan of what they would actually build.
Steinauer — Suggested not permitting the pool but everything else.
Champoux — We could approve the pool but not grant the groundwater waiver. They'd have to come back for
the waiver. We don't have enough information to grant the waiver; but we can approve the pool.
Molden — The resource area was previously determined and has been reflagged. Asked about the secondan-
dwelling.
Santos — The structure that was there was turned into a studio and the new primary dwelling constructed.
Molden — Asked if a certificate of compliance was issued for the original work.
Santos — That is still outstanding.
Molden — The cabana shows a bathroom but there are no facilities for pool equipment.
Golding — Asked where the pool water would come from and where it would be discharged.
Santos — Filling a pool is a one-time event. The level is dropped a small amount for winterization. There is a
place outside the 100 -foot buffer to discharge the water.
Golding — Asked about the direction of groundwater flow.
Santos — He'd have to look at the groundwater map.
Staff The commission could approve the pool as shown on the plan; they would have to come back for the waiver.
It is not our role to judge the intent.
Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
12. "William C. Spring, Trustee — 19 Hulbert Avenue (29-27) SE48-3028
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — This is for construction of a driveway within land subject to coastal storm
flowage. There currently is no driveway access. Ten -foot wide apron with 9X20 shell drive. Work falls outside
the 100 -foot setback to the bulkhead. No change in grade.
Public None
Discussion (7:05) None
Staff Have everything needed to close.
I lotion Motion to Close. (made by: LaFleur) (seconded by: Steinauer)
Vote Carried unanimously
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Minutes for November 1 2017 adopted Nov. 15
13. *Shelia Harshman — 2 Windsor Road (49-194) SE48-3019
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering — This is for development of a property; all structures are outside the 50 -
foot buffer to two off-site wetlands; there would be some landscape and grading outside the 25 -foot buffer.
This subdivision was previously subject to review by MHN; he is working with them on a minor readjustment
of the envelope and waiting for the letter memorializing that area swap. The driveway and septic are outside
the 100 -foot buffer.
Public None
Discussion (7:07) Golding — Asked what's happening within the 50 -foot buffer.
Rits — A little bit of landscaping and grading.
Staff With the approval, they are still subject to state provisions. Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
14. *Net Zero, LLC — Lot 2 Fisher Lane formerly 101 Low Beach Road (75-32) SE48-3020
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering — This is for residential development partially within the buffer to isolated
vegetated wetlands and a bordering vegetated wetland: the house and the pool are mostly outside the buffer.
The garage, pervious drive, corner of tennis court fence and grading are inside 100 feet. INH has required a
split -rail fence marking the building envelop; that comes to within 25 -feet of one off-site wetland.
Public None
Discussion (7:11) Erisman — Asked where the pool fence is located.
Rits — The fence is outside ConCom jurisdiction. The garage will be slab -on -grade so won't need dewatering.
Staff The area is a maze of paths and old driveways.
Have everything needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer)
Vote Carried unanimously
15. *Holly Farm Realty Trust — 290 Polpis Road (25-33) SE48-3021
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental — This is for a pool, cabana, patio, fence and minimal regarding. Pool
and cabana are outside the 50 -foot buffer of a bordering vegetated wetland and outside the isolated vegetated
wetland buffers. The proposed regrading is within existing lawn area. The pool is to be only 5 -feet deep to
keep it from encroaching into high ground water, but there is only 1 -foot separation so asking for a waiver.
There are some holly trees but it's mostly privet.
Public Emily Molden, Nantucket Land Council
Discussion (7:17) Erisman — Fertilizer enforcement should be issued for the end of the path; it's obvious a spreader was used.
Molden — Confirmed that the lawn area into the wetland buffer is pre-existing. _agrees with _lIs Ensman's
suggestion
Staff On the left side, the area subject to enforcement from the holly tree cutting enforcement order is just off that;
the area isn't maintained by the applicant.
Have everything needed to close.
Motion Motion to Close. (made by: Golding) (seconded by: Champoux)
Vote Carried unanimously
16. *Trevor R. P. Price & Margaret .inn B. Price — 10 Long Pond Drive (59-24) SE48-3023
Sitting Erisman (acting chair), Steinauer, LaFleur, Champoux, Golding (Bennett recused
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian Madden, LEC Environmental — Construction of a garage and minimal expansion of the driveway.
Resource areas: Long Pond, bordering vegetated wetland, land subject to coastal storm flowage, and unique
coastal bank. The garage is located to maximize distance from the coastal bank; it's greater than 50 feet from
the bordering vegetated wetland, but 40 square feet encroaches in to 50 -foot buffer.
Public None
Discussion (7:24) Erisman — Wants the wetland to be revegetated.
Staff Have everything needed to close.
Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur)
Vote Carried 5-0
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Minutes for November 1 2017 adopted Nov. 15
17. `12 North Road Trust —12 North Road (43-82) SE48-3022
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Kevin Dale, Vaughn, Dale, Hunter and Beaudette P.C. — An enforcement order was issued in regards to a
timber bulkhead. This is outside the rare species habitat.
Stan Humphries, Laurentide — Bob Kerry from Cape Cod Engineering couldn't come. Three elements:
address unstable bulkhead, unstable coastal bank, and stabilization of top of bank. -Mr. Kerr n -'s
recommendation for the top of the failing bulkhead was to use blocked whalers, sheathing and helical anchors.
There currently exists some wooden terracing; some of which will be replaced with fiber rolls. The top of the
bulkhead is elevation 6 and 100 -year flood level is elevation 11. The top of the coastal bank has the pre-existing
deck and a new section deck; the photos shows extent of vegetation within the 25 -foot buffer.
Seth Wilkinson, Wilkinson Design — Instead of raising the height of the bulkhead, they will extend out the
coastal bank with fiber rolls; they are proposing low-density, pre -vegetated fiber rolls.
Public None
Discussion (730) Golding — Asked if the house warrants protection under the pre -1978 caveat.
Dale — The house was renovated and rebuilt in 2003. According to Chris Lewis, a bulkhead being there in the
late 1960s.
Erisman — Asked how the rocks would be gotten out there.
Humphries — Come in with a barge to remove the rocks.
Erisman — There was a junk dumped behind the wall, which compromised the bulkhead; the cont -actor
probably did it. She feels someone needs to be fined for that and those fines should be discussed.
Golding —He wants Town Counsel to weigh in on whether or not ComCom has a statuton- dun- to protect the
house or if they can require the bulkhead be removed. This house doesn't warrant protection.
Dale — He feels removing the bulkhead jeopardizes the house and creates greater disturbance to the area.
Champoux — Asked if plans exist showing the construction; he's sure it didn't include a bunch of junk. He
would also like to see the previous permits.
Erisman — One of these plans says there will be an extension of the groin.
Dale — They will get that clarified.
Erisman — It looks shallow, it doesn't seem deep enough to get a barge in there.
Wilkinson — Typically, a smaller barge would come in at high tide and get it as close to the beach as possible.
Bennett — We need to know about eel grass.
Dale — .asked for a four-week continuance.
Staff That bulkhead received permits from prior commissions for repair; he doesn't know- if this commission can call
for its removal. We can get into the discussion of what's new and what has been maintained. This is the initial
response to an enforcement order; it will take time to compile all the information.
Motion Continued to Nov. 29 by unanimous consent
V'ore N/A
B. Amended Orders of Conditions
1. Steven L. Cohen, Trustee — 68/72 11lonomoy Road (43 - 119&115) SE48-2803 (Cont 11/15/2017)
2. Edward Bayliss — Lot 1, 52 Eel Point Road (32-25) SE48-2821
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Mark Rits, Site Design Engineering — The amendment is to relocated the pervious driveway skirting the large
wetland outside the 25 -foot buffer with most grading upland of the driveway. They are maintaining greater
than 50% of the 25- and 50 -foot buffers; most parking is outside the 100 -foot buffer. There's an approved
driveway that runs within the buffer to an isolated vegetated wetland.
Public None
Discussion (7:53) Bennett —'Most of the proposed driveway- is outside the 50 -foot buffer.
Staff Recommend Close and Issue
Motion Morton to Close &Issue. (made by: Steinauer) (seconded by: LaFleur)
\'ore Carried unanimously
111. PUBLIC MEETING
A. Requests for Determination of Applicability
Page 7 of 10
Minutes for November 1 2017 adopted Nov. 15
B. Minor Modifications
1. Nantucket Islands Land Bank — 48 South Cambridge Street (59.3-42) SE48-2938 Withdrawn
2. Albert Rabil, III & Tamara Lee Rabil —141 Cliff Road (30-1,7) SE48-2972
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — This modification is to revise the plans to show the detailed landscape
plan for the patio.
Public None
Discussion (7:59) None
Staff Recommend this be issued as a minor modification.
\lotion Motion to Issue as a minor modification. (made be: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
3. Third Time Trust — 41A Cliff Road (42.4.4-2) SE48-2904
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Paul Santos, Nantucket Surveyors — Again insertion of a detailed landscape plan into the file; this amendment
is specific to invasive removal and grading along the top of the bank and sets forth the plant restoration. Julie
Jordan did the landscaping plan.
Public None
Discussion (8:u1) Erisman — The wild hydrangea is questionable. We need native species here, like ox -eyed dais%-. The top of the
bank would need to be irrigated.
Steinauer — Wild lupine isn't native either.
Santos — Read the original order in regards to the plants. He'll talk to -Ms Jordan.
Staff They have wild hydrangea, inkberry, ox -eyed daisy, wild lupine, and aster, and spiked gay- feather. You can still
ask that native species be at the top of the bank.
Motion Continued to Nov. 15 by unanimous consent
Vote N/A
4. Monomoy, LLC — 20 Alonomoy Road (54-145) SE48-2952
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, (Golding stepped out)
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & Survey — This is for shifting the main part of structure eight feet aw-a�
from the coastal bank and incorporate a landscape and planting plan and geo-thermal component.
Public None
Discussion (8:06) Erisman — Questions the use some plants.
Gasbarro — If you want a plant stricken, he'll do that. Noted that he is not changing the height of the wall. The
whole 25 -foot zone is being restored.
Staff Clarified the planting schedule.
Recommend this be issued as a minor modification.
\lotion Motion to Issue as a minor modification. (made by: Steinauer) (seconded bi-: Champoux)
Vote Carried 5-0
C. Certificates of Compliance
1. Five on a Dime, LLC — 8 Pilgrim Court (41-217,217.3, 217.4) SE48-2899
Sitting Bennett, Erisman, LaFleur, Champoux, Golding (Steinauer stepped out)
Staff This was for residential reconstruction. Recommend issue.
Discussion (8:16) None
Motion Motion to Issue. (made by: LaFleur) (seconded by: Champouz)
Vote Carried 5-0
2. Bell — 13C Willard Street (42.4.1-15.3) SE48-2887
Sitting Bennett, Erisman, LaFleur, Champoux, Golding (Steinauer stepped out)
Staff This was for construction of dwelling. Recommend issue.
Discussion (8:17) None
Motion Motion to Issue. (made by: Golding) (seconded by: LaFleur)
Vote Carried 5-0
3. 3 Beacon Lane Trust — 3 Beacon Lane (21-26.9) SE48-2892
Sitting Bennett, Erisman, LaFleur, Champoux, Golding (Steinauer stepped out)
Staff This is in substantial compliance. Recommend issue.
Discussion (8:18) None
Motion Motion to Issue. (made by: LaFleur) (seconded by: Champoux)
Vote Carried 5-0
Page 8 of 10
Minutes for November 1. 2017. adopted Nov. 15
4. Sisk Real Estate LLC — 153 & 155 Wauwinet Road (11-3) SE48-2639
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff This is much cleaned up; a long term solution isn't snow fence. It's in compliance. Recommend issue.
Discussion (8:19) None
\lotion Motion to Issue. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
D. Orders of Condition
1. Benson & Henderson Enterprise, LLC — 8 Bassett Road (26-38) SE48-3015
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff There would need to be very clear justification for not granting the waiver in this case.
Discussion (820) Erisman — The waiver for ground separation concerns her; ground testing was done during a dry period.
Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried 5-1//Erisman opposed
2. Mmes — 16 Plover Lane (12-52) SE48-3025
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff Very straight forward.
Discussion (8:24) None
\lotion Motion to Issue as drafted. (made by: Champoux) (seconded by: Steinauer)
Vote Carried unanimously
3. .k lice M. Rochat —100 Low Beach Road (75-27) SE48-3027
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff The Conditions would say a waiver is not granted for the project as proposed.
Will add Condition 23 requiring a pool design closer than 2 -feet to ground water requires an amendment.
Discussion (8:25) None
Motion Motion to Issue as amended. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
4. William C. Spring, Trustee — 19 Hulbert Avenue (29-27) SE48-3028
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff Very straight forward.
Discussion (8:28) None
Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Champoux)
Vote Carried unanimously
5. Shelia Harshman — 2 Windsor Road (49-194) SE48-3019
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff Couldn't think of any conditions; most work is outside the 100.
Discussion (8:28) None
Motion Motion to Issue as drafted. (made by: Champoux) (seconded by: LaFleur)
Vote Carried unanimously
6. Net Zero, LLC — Lot 2 Fisher Lane formerly 101 Low Beach Road (75-32) SE48-3020
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff Will add Condition 19 about no chemical treatment within the approved driveway.
Discussion (8:29) Erisman — Concerned about use of herbicides and fertilizers on the driveway- near the resource areas.
\lotion Motion to Issue as amended. (made by: Golding) (seconded by: Champoux)
Vote Carried unanimously
7. Holly Farm Realty Trust — 290 Polpis Road (25-33) SE48-3021
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff Will add Condition 20 requiring an annual report for any fertilizer used and licensed applicator.
Condition 21 will address pool discharge.
Discussion (8:31) Erisman — Asked if we have to write in the fertilizer.
Golding — Asked about emptying the pool
\lotion Motion to Issue as amended. (made by: Steinauer) (seconded by: Champoux)
\,ore Carried unanimously
8. Trevor R. P. Price & Margaret jinn B. Price — 10 Long Pond Drive (59-24) SE48-3023
Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding
Staff He didn't draft an order of conditions for this. The consensus is it will be approved but revegetation of
southern piece of wetlands should be a condition.
Discussion (8:33) None
Motion N/A
Vote N/A
Page 9 of 10
Minutes for November 1 2017adopted Nov. 15
E. Other Business (8:34)
1. _approval of Minutes 10/18/2017: approved by unanimous consent.
2. Enforcement Actions
a. None
3. Reports:
a. CPC, Golding
b. NP&EDC, Bennett
c. Mosquito Control Committee, Erisman
4. Commissioners Comment
a. None
5. ,Administrator/Staff Reports
a. None
Notion to Adjourn: 8:35 p.m.
Submitted by:
Terry L. Norton
Page 10 of 10