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Home My WebLink About2018-6-27Minutes for Tune 27 2018 adopted Tuly 11 CONSERVATION COMMISSION Jul ' PUBLIC MEETINGS ` T U Cz . TOVYN CLE`; N 2 Bathing Beach Road % Nantucket, Massachusetts 02554 yC0,9 ogAj�O��O� www.nantucket-ma.gov 2018 JUL 12 AM 9: 32 Wednesday, June 27, 2018 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. by Ms Erisman Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Erisman (acting chair), Steinauer, LaFleur, Champoux, Golding, Topham Absent Members: Bennett Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent *Matter has not been heard I. PUBLIC MEETING A. Announcements B. Public Comment — None II. PUBLIC HEARING A. Notice of Intent 1. Mary D. Starr —19 East Creek Road (55-60) SE48-2985 (Cont. 07/25/2018) 2. Gregory Reyes —19 East Creek Road (55-60) SE48=3065 (Cont. 07/11/2018) 3. 21 Crooked Lane, LLC —1 West Chester Street Ext. (41-480 portion) SE48-3064 (Cont. 07/11/2018) 4. 273 Hummock Pond Rd Nominee Trust — 273/281 Hummock Pond Road (83-3,41&42.2) SE48-3083 (Cont. 07/11/2018) 5. 28 EPR Trust — 28 Eel Point Road (40-44) SE48-3085 Sitting Erisman, Steinauer, LaFleur, Champoux, Golding Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (4:05) Rits — Request to demolish several structures inside the 100 and brush cutting all outside the 25; explained the drainage plan in response to previous concerns about run off. Golding — He's pleased with the modification but would like as much cover for the wetland be maintained as possible. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried 5-0 //Topham recused III. PUBLIC MEETING A. Requests for Determination of Applicability 1. Christopher J. & Kyra L. Detmer — 3 Quaise Pastures Road (26-20.5) Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Bob Emack Public None Discussion (4:11) Emack — This is for approval of the wetland line and work which is upgrade of septic to 8 -bedroom septi - tech. all work outside the 100 -foot Staff Reviewed the wetland. Recommend approval as a Positive 2A confirming the resource area and Negative 4 for work outside ConCom jurisdiction. Motion Motion to Approve as recommended. (made by: Champoux) (seconded by: Steinauer) Vote Carried 6-0 Page 1of3 une 27, 2018, adopted Tuly 11 2. Lis i R. Bermel & John J. Bermel Trustees — 9 Cabot Lane (29-90) Sitting Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documenta kon Site and topographical plans, photos, requisite departmental reports and correspondence. Representati ve Bob Emack William Hunter, Vaughan, Dale, Hunter and Beaudette P.C. Public Discussion Staff Motion Vote B. 1. Sitting Public Staff Motion Vote C. 1. Sitting Staff Motion Vote 2. Sitting Staff Motion Vote 3. Sitting Staff Motion Vote 4. 5. 6. 7. Sitting Staff Motion Vote None :13) Emack — This is for an existing stone patio outside 25 inside 50 -foot to a bordering vegetated wetland. There's a break out on the slope. This patio was installed in 1999 without permit. Golding — It seems on the plan that the patio impinges on the right of way. Hunter — The foot path is a private way and has been in place since 1999, when it was first put in, the wall encroached within 50 feet; the commission accepted an enhanced buffer from the 25 to the wall; the wall is the extent of the understood buffer. Believes removing it now would be more harmful than leaving it. Champoux — He believes a dry -laid patio is an approvable condition. Erisman — Asked if the order was open when this property changed hands. Hunter — Yes. Recommend approval as Positive 2A confirming the resource area and Negative 3 for work in buffer Motion to Approve as recommended. (made by: Champoux) (seconded by: LaFleur) Carried 6-0 r Modifications ammo Pond Road Nominee Trust — 46 Shimmo Pond Road (43-77) SE48-3077 Erisman, Steinauer, LaFleur, Champoux, Golding, Topham )n Site and topographical plans, photos, requisite departmental reports and correspondence. Art Gasbarro, Nantucket Engineering & Survey Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP Bernice Wahler, BW Landscapes None 18) Gasbarro — This is for the refinement of the landscape design. Reviewed the updated landscape design; no expansion of the work limit. The bank has a timber bulkhead at the bottom with coir bags above; there is no coastal erosion at this time. Discussion about the age of the bulkhead; photos indicated it pre-existed the regulations as well as some lawn area within the 25 -foot buffer. Recommend this be issued as it falls within the definition of a minor modification. Motion to Issue as a minor modification. (made by: Topham) (seconded by: Steinauer) Carried 6-0 icates of Compliance s Way Homeowners Assoc. Trust — 12 Gardener Road (43-94.2) SE48-2034(Withdrawal) Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Recommend accepting the withdrawal 5) None Motion to Accept the withdrawal. (made by: Champoux) (seconded by. Steinauer) Carried 6-0 & John J. Bermel — 9 Cabot Lane (29-90) SE48-1257 Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Under the original order of conditions, this is in compliance. 5) None Motion to Issue. (made by: Champoux) (seconded by: LaFleur) Carried 6-0 Way Realty Trust & Wauwinet Realty Trust —10 Fargo Way (14-15 & 61) SE48-2939 Erisman, Steinauer, LaFleur, Champoux, Golding, Topham This is the Wilkinson array at 10 & 14 Fargo Way; it is constructed in compliance. Recommend this be issued with on-going Conditions 17, 18, 21, 22, 23, 28, 29, 30, and 32. i) None Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham) Carried 6-0 id — 40 & 41 Ocean Avenue (73.3.2-8,9,19,20,21,50 & 51) SE48-1498 id — 40 & 41 Ocean Avenue (73.3.2-8,9,19,20,21,50 & 51) SE48-1505 id — 40 Ocean Avenue (73.3.2-19,20,21) SE48-1708 id — 40,41,43 Ocean Avenue (73.3.2-20,21 et al) SE48-1612 Erisman, Steinauer, LaFleur, Champoux, Golding, Topham These are all in compliance and recommend they be issued. �) None Motion to Issue SE48-1498, SE48-1505, SE48-1708, and SE48-1612 as recommended. made b�-: Steinauer (seconded by: Champoux) Carried 6-0 Page 2 of 3 Minutes for June 27 2018 adopted July 11 8. David W. Frisbie, Trustee, 42 Easton Street Nominee Trust — 42 Easton Street (42.4.1-21) SE48-1887 9. David W. Frisbie, Trustee, 42 Easton Street Nominee Trust — 42 Easton Street (42.4.1-21) SE48-1860 Sitting Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff These are completed and in compliance and recommend they be issued. Discussion (4:30) None Motion Motion to Issue SE48-1887 and SE48-1860. (made by: LaFleur) (seconded by: Champoux) Vote Carried 6-0 10. Annette Covelli Ford Trust — 8 Pilgrim Court (41-217.3,217.4 and portions of 217) SE48-3042 Sitting Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Completed and in compliance and recommend this be issued. Discussion (4:31) None Motion Motion to Issue. (made by: Champoux) (seconded by: Topham) Vote Carried 6-0 D. Orders of Condition 1. The Frederick P. Mascioli Living Trust —109 Baxter Road (48-12) SE48-3086 Sitting Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Have monitoring reports; failure criterion request plantings be 75% maintained; replacing tubes requires filing. Condition 21 addresses maintaining cables. Condition 22 owner is responsible to clean up debris that falls to the beach. Condition 23 about submitting inspection and work logs. Condition 24 is a failure criterion if the logs break free. This asks for an as -built upon installation. Will amend Condition 19 to include the amount of sand delivered. Will add "sleeve or brace." Discussion (4:32) Golding — Condition 19 requires documentation of the sand delivered; it should include the amount. Asked if a sleeve is sufficient to disperse the pressure on the cables. Motion Motion to Approve as amended. (made by: Golding) (seconded by: LaFleur) Vote Carried 4-2//Erisman and Steinauer opposed 2. 28 EPR Trust — 28 Eel Point Road (40-44) SE48-3085 Sitting Erisman, Steinauer, LaFleur, Champoux, Golding Staff Will add a requirement for quarterly photo monitoring of structure. Discussion (4:37) Champoux —There should be monitoring of the erosion control bales to ensure they are in good condition. Motion Motion to Approve as amended. (made by: Champoux) (seconded by: Steinauer) Vote Carried 5-0 //Topham recused E. Extension Requests 1. Town of Nantucket — 34 Washington Street (42-2.3.2) SE48-2798 Sitting Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This was for work on the Town Pier. They have not had opportunity for dredging and asking for three 1 -year extensions. Discussion (4:39) None Motion Motion to Approve the three 1 -year extensions. (made by: Champoux) (seconded by: LaFleur) Vote Carried 6-0 F. Other Business 1. Conveyance of properties/Signing of Deeds — 55 Warrens Land Road, 84R Union Street, 3 Mioxe's Pond Road Sitting Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Needs to be continued to 7/11/2018. Discussion (4:40) None at this time. Motion Continued to July 11, 2018 by unanimous consent. Vote N/A 2. Approval of Minutes 06/13/2018: Approved by unanimous consent. 3. Monitoring Reports — None 4. Enforcement Actions — None 5. Reports: a. CPC, Golding — September 7, 2018 is deadline for applications. b. Mosquito Control Committee, Erisman - None 6. Commissioners Comment - None 7. Administrator/Staff Reports a. July 18 is the second Coastal Resiliency Plan workshop in the 4 Fairgrounds Road Community Room at 6:00 p.m. b. July 19 is annual NLC State of the Harbor presentation at Great Harbor Yacht Club. He will confirm the time. There is great interest following the sewer break in January. Speakers include: David Grey, Rob O'Neil, Mr. Carlson, Roberto Santamaria. c. July 23 is a Pond Forum at 5:00 p.m. to discuss the Pond Management principles for the Great Ponds. Adjourned at 4:46 p.m. by unanimous consent. Submitted by: Terry L. Norton Page 3 of 3