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HomeMy WebLinkAbout2018-11-7ConCom'\IinutCS for November 7 2018 adopted Nov. 28 CONSERVATION COMMISSION. t t �- n PUBLIC MEETING ,� ; `� � � 2 Bathing Beach Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov 2016 DEC, —3 PM 9. 01 Wednesday, November 7, 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 4:06 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator Attending Members: Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Absent Members: Champoux Late Arrivals: Topham, 4:11 p.m. Earlier Departure: Golding, 6:30 p.m. 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. 11/28/2018) 2. *Gregory Reyes- 19 East Creek Road. (55-60) SE48-3065 (Cont. 11/28/2018) 3. *Jon & Kerry Walker —112 Wauwinet Road (11-20) SE48-3119 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey David M. Haines, Haines Hydrogeologic Consulting Public Arthur Reade, Reade, Gullicksen, Hanley, & Gifford LLP for the Amolds at 110 Wauwinet Road Janet Arnold, 110 Wauwinet Road Discussion (4:07) Gasbarro — This is for work within buffer to coastal bank; all work is outside the 50 -foot buffer except for a small 5 -foot square area; are asking for a waiver. Does not anticipate an adverse effect. Work is a modification to the driveway and redevelopment; there are concerns about other wetland resource areas. Reade — He believes there is an additional wetland area in the central part of the lot. Reviewed photos indicating the condition of the property. Had hoped for their expert to have access to the site. Arnold — Indicted that what looks like a shell driveway in a photo is water. There are two little wetlands running through the property. Haines — Reviewed his inspection of the property for resource areas and what he found. Pointed out the location of the bordering vegetated wetland. Gasbarro — Permit for Determination of Applicability done in 2011 indicated there was no resource area on the property; presented the supporting documentation into the record. This is a dynamic area and soil doesn't perc well; relying on our investigation, the vegetation doesn't support existence of a wetland. Staff Staff has been to the site multiple times; we feel the wetland areas are accurately reflected on the plan. There is a septic mound and Title 5 required separation from ground water, which is at about 3 feet down. Have everything needed to close. Motion Motion to Close. (made by: LaFarge) (seconded by: Golding) Vote Carried unanimously 4. LHVEN, LLC —109 Eel Point Road (32-4) SE48-3126 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (4:24) Rits — This is for coastal bank stabilization; reviewed additional information about the retreat rate and sediment contribution. We propose for nourishment approximately 320 yards; if sand is removed, we will recover the bags and renourish. We have Massachusetts Natural Heritage (NNI-1) response. Steinauer — If you replace only what is lost, questions if the annual natural rate will be met. Rits — Proposed nourishment is about 2.80 yards of cover, twice the natural annual rate. A single event that exposes the fiber rolls will contribute about 200 cubic yards (CY) of material; annual bank is 106 CY. We accept the condition to recover the array as quickly as possible; he doesn't think there will be a reduction to the overall sediment contribution. Page 1of11 ConCom Minutes for November 7 2018 adopted Nov 28 Steinauer — A requirement of the reporting should be they tell us how much they put in. Staff One Condition we've been adding lately is specific to sand delivery requiring delivery reports and receipts included in annual report before the commission. Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 5. Teddy Bloomer, LLC — 94 Tom Nevers Road (91-41) SE48-3125 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rits, Site Design Engineering Public None Discussion (4:33) Rits — This is for beach stairs and elevated board walk across a dune. The boardwalk will follow the existing path and all work will by hand. Staff We were waiting for MNH determination; that is all set. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 6. *Nantucket Islands Land Bank — 21 Crooked Lane (41-480) SE48-3122 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Rachael Freeman, Nantucket Islands Land Bank Public None Discussion (4:34) Freeman — Reviewed the resource areas; this is for a boardwalk across wetlands. Steinauer — Having the boardwalk at 4 feet high alters the area. Suggested leaving it as virgin wetlands with no walks. Staff The 1:1 ratio is held up over water and vegetation. Department of Environmental Protection (DEP) guidance is looking at height ratio for docks and piers. The performance standards require an elevated walkway over wetlands. Have everything needed to close. Motion Motion to Close. (made by: Golding) (seconded by: Steinauer) Vote Carried unanimously 7. *Hither Creek Boatyard — 20 North Cambridge St (59.4-2, 38-14, 38-15, 60-17) SE48-3136 Sitting Bennett, Erisman, Steinauer, LaFleur, Golding Topham recused Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Sarah Alger, Sarah F. Alger P.C. Catherine Slattery, Madaket Marine Chris Shannon, Madaket Marine Public Tom Whalbert, Mary Road Peter Bordes, 14 Oakland Street (letter by Felix Chiney) Dan Bailey, attorney for Peter Bordes and Felix Chiney Maureen Phillips, 30 Long Pond Drive David Billings, 44 Tennessee Avenue Mark Palmer Larry LeCain, 347 Madaket Road Ron James, 8 Flintlock Rd Discussion (4:43) Santos — This is for 11 seasonal floats within Hither Creek. Reviewed prior permits issued by ConCom in 2016 for expansion 11 slips within a fixed -dock condition; that permit is no longer valid. There were accusations of no notification for the prior project; it was filed with the Planning Board: notice was in the paper and notice was given to the abutters; same with the ConCom filing. Submitted the 2016 abutters list with certified receipts and green slips that were returned. Resource areas include: buffer to a saltmarsh, land under the ocean, land containing shellfish, dominant fish run, and land subject to coastal storm flowage. All proposed work is shown on the plans. Reviewed the difference between this proposal and the 2016 proposal. This project stretches farther down the creek than the 2016 proposal. Submitted at the table, photos of a mock-up of the seasonal floats; reviewed the photos. Access to the floats must be by dinghy. The floats are anchored by 6 -inch piles driven into the creek bed. This does not require review under the Massachusetts Endangered Species Act (MESA). Setback to the saltmarsh is approximately 16 feet; boats will run parallel to the saltmarsh rather than run head in. We filed with the Division of Marine Fisheries (DMF): no heavy equipment or materials allowed on the saltmarsh; floats are to maintain a buffer of 25 feet from any saltmarsh; maintain 2.5 feet between the bottom of the float and the substrate. Part of the prior NOI, there was a condition to monitor that edge of the saltmarsh; we agree to accept that condition. The float sits only 6 inches below the surface. Heard back from DEP. The eleven floats as shown on the plan can be adjusted on a yearly basis as conditions demand. Page 2 of 11 ConCom Minutes for November 7 2018 adopted Nov. 28 Slattery — Explained they are trying to meet the growing need for dock space and different Madaket area organizations she's worked with to come to a comfortable solution for all. Santos — On the abutters side of the creek, there are six docks owned by private entities. The seasonal float as positioned help attenuate wave action going toward the saltmarsh. Erisman — Asked what part of the dock comes out at the end of the season. Santos — The entire component; nothing remains; they will never be in the same spot. The pipes are driven in about 8 feet. LaFleur — Asked what the limit of expansion of the docks. Santos — The limit of Madaket Marine property. Golding — This isn't accurate in the point of view we are being asked to approve a plan that could be very different in practice. Questioned the radius shown for moorings — does that include the boat. It looks to be about 15 feet; that would be for a 10 -foot boat; that doesn't seem realistic. Santos — We would like 25 -foot separation between boats on the docks and boats on the moorings. Golding — Page 6 of the photo packet, the mock-up dock looks to be as far over as possible rather than where it would actually end up. The box shown in the photo is where the Town has a device to stop oil spills leaking into the creek; asked for confirmation of that. Shannon — (can't hear him; not using a mic.) Golding — Asked how wide the navigation channels will be once the floating piers are in; proximity to moored boats increases the chances of collision and oil spills, that the boom box wouldn't contain. He wants an accurate description of this project going forward. When you come before us again, he would like to have a depiction of the radius of a realistic boat, 15 or 25 feet tied to a mooring to calculate the actual radius and a depiction of the piers placed 25 feet from the bank. Santos — DMF recommendation is the piers be 25 feet from the saltmarsh. Bennett — Asked if Madaket Marine controls the moorings going into this area; is there a chance of it getting denser. Slattery — We do not. Golding — Asked who controls the bottom of the creek, land under the ocean. Erisman — Her concern is measuring impact of the piers are never in the same location. Santos — They can be in the same spot every year; the intent is to monitor the saltmarsh annually and respond accordingly to any movement we might see in it. Erisman — Another concern is the lack of sun getting to eel grass under the piers. Santos — There is no eel grass in this area of the Creek. Erisman — She is concerned about sprawling out the docks. Bennett — Asked if these were 12 moorings, rather than docks, would they fit within the same area. Shannon — No, a mooring requires more space because of the boat swinging. Steinauer — With this design, most of the wash will go parallel to the saltmarsh. The fixed docks would have washed toward the saltmarsh. Bennett — Opened the floor to the public; asked them to stick to the wetland regulations. Whalbert — Asked who owns Hither Creek. Bennett — The Army Corps of Engineers (ACE) is responsible for Hither Creek. Whalbert — The docks block sun so nothing will grow under them; the Creek is vital to Nantucket. There is oil that comes off the boats. In his opinion, there are too many boats there now. There is a large amount of bird life in that marsh; there is a lot going on that west bank of the Creek. The seasonal dock would be there during nesting season. There is erosion along that bank. Within three feet of the bank is grass where fish spawn. This is a very fragile environment. Bordes — Read and submitted into the record a letter of opposition from Felix Chiney. His concern is the stress on the environment; erosion has increased recently due to the increase of boat traffic. There used to be flourishing eel grass in the Creek; now there is none. When a southwest wind blows, the boats on the docks will be careening causing further erosion to the bank. Steinauer — Asked Mr. Carlson who would regulate boat traffic. Carlson — Navigation — channels and transit and setting zones for anchorages - is typically run through the Harbor Master. ACE sets the number of moorings. Steinauer — We can't regulate traffic. Golding — The question of a collision is germane because of the impact on the resource area. Bennett — He'd like to see the erosion data from Madaket Marine's prior application. Erisman — Asked about the green crab population. Carlson — He is not aware of any study of green crabs in Hither Creek. Bailey — Reiterated his clients concerns about overcrowding and over stressing the environment; explained how this project would exasperate an existing problem; there will be an adverse effect. Cited issues he noticed with the application: incomplete items, permits not filed for, missing information. Asked the commission to address the cumulative adverse effects. Cited a court case where ConCom denied a board walk terminating in the saltmarsh along Hither Creek due to adverse impact. Asked that the application be denied. Phillips — Agrees that Madaket Marine is a good neighbor. However, her concern is the issue about notification of the application. Mr. Bailey mentioned this: she was looking for updated reports about the Page 3 of 11 ConCom Minutes for November 7 2018 adopted Nov 28 health of Hither Creek, but the documents were so old, they weren't on line, perhaps ten years old. We can't see it and don't know what that is. We would all like to see an expert opinion about the effect of additional traffic and moorings on the Creek. Carlson — Most of the reports are available on the Natural Resources Town webpage or email/call the office. Most reports that exist relate to water quality, water chemistry. Another report germane to this application is the eel grass mapping. The Harbor Master could provide information on the number of times they did work in this area. Phillips — In other words, there are no bathymetric reports. Steinauer — About notification, the regulations do not require that everyone be notified, only those within a certain radius. Under the regulations, not everyone on Hither Creek is legally considered an abutter. Asked about Mr. Bailey's comment that the application was not signed by the owner. Carlson — Explained how the abutter notification works under State and local regulations; for water-based projects, an abutter is within 100 feet of the work area. The owner of the land directly abutting the property signed as application; the watersheet is under the control of the Commonwealth and Town. Alger — The application is signed by Chris Shannon as agent for Hither Creek Boatyard, Inc. In terms of containing the project, we have the technology to ensure the docks go back in the same location every year. We can also identify the area beyond which they won't go. Carlson — The Commission has conditioned projects to have flexibility on placement of seasonal elements based upon vegetation and location of the bank in order to have a minimal impact Billings — Regarding the prior fixed -dock application, which was ultimately withdrawn, a discussion at a ConCom meeting on December 14, 2016 where it was indicated there would be no further expansion due to limitations which included parking, shellfish, and tight tank usage; those issues still exist At that time, the original shellfish study was eight years old at that time; all these studies are woefully outdated. Also, at that hearing, Mr. Golding stated it had been an oversight in 2008 to not include monitoring of the existing slips and wanted that added to the amended order. None of the question brought up in 2016 have been resolved The first proposal for 11 fixed slips was a 211 -foot -long structure; this proposal is 543 feet long for 11 floating docks along a very fragile resource area. It would destroy the vista across Hither Creek of the wetlands on the other side. The Creek is protected under the State Wetlands Protection Act, which calls for a minimum distance between the boat's source of power and the saltmarsh, as well as a 100 -foot buffer from the edge of the marsh; historically, other boats have gotten within three to six feet of the marsh to include the Madaket Marine's boat. They are not in compliance with the Wetland Act and he doesn't see how this can be advanced under that condition. Some of the boats have three huge engines; they will churn up the Creek like a blender in a narrow, shallow area. This is an Island -wide issue; everyone enjoys those wetlands. He feels if more boats are allowed in there, there will be traffic grid -lock and serious damage to the environment Asked that the application be denied. Steinauer — He'd like to see a study that looks at the impact on the bottom of boats and obeying a no -wake zone. He's concerned about when a boat needs a little more power to get out of the dock. Palmer — He has seen people swimming in Hither Creek; he wants to know how many boats currently use the Creek in one day and how many boats would be added to that. Asked if there are any objective standards that limit the number of boats using a creek depending on the width of the creek. He also wants to know how to resolve the potential conflict between recreational use and boat traffic. Carlson — It is difficult to put a number on the boat traffic along Hither Creek. LeCain — It would be a pity to lose the pristine view of the "swamp". Janes — Suggested that the commission find a way to go out and come in the Creek in a boat. It is something special to see. Santos — Asked for a continuation to November 28, 2018. Staff The number of moorings in an area is set by the Army Corps of Engineers. Who controls land under the ocean depends on what is going on. When we did the eel grass mapping of the area, we found none. Moorings are permitted under a different DEP process. He can set up a site visit to view the situation. Asked that all information for the November 28 hearing be in by Wednesday, November 21 though the office will be open Friday, November 23. Motion Continued to November 28, 201$ by unanimous consent. Vote N/A Page 4 of 11 ConCom Minutes for November 7 2018 adopted Nov. 28 8. *Lund — 3,3R, 5, 7, 11 East Tristam Avenue & Capaum Pond (31-9,11,8,7,5&12) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (6:41) Gasbarro — This is for coastal stabilization made up of a coir fiber -roll array; will accept all the same conditions and monitoring as have been applied to similarly permitted arrays. The top of bank is slumping. Access points will be at the eastern end at a sand road; in the middle is a second access point. On the west end there is a note proposed by others; there will be an access from the top of the bank for Huckleberry Friends Trust. Wish to keep the sand -drift fence with a gap between the fence and the bottom roll; the fence is to catch wind-blown sand. He will provide the mean -high tide level. They tried just the drift fence, but it didn't stabilize the bank; we are trying to get vegetation to grow up the bank. Erisman — Due to the assemblage of material, this qualifies as a coastal engineering structure (CES). Gasbarro — The upper rolls and bank above will be planted; the lower rolls will be sacrificial sand. Asked for a continuance. Staff None Motion Continued to November 28, 2018 by unanimous consent. Vote N/A 9. *Keybank National Association —14 Washing Pond Road (31-19) SE48-3133 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (6:52) Gasbarro — This is a similar CES project. This property is immediately adjacent to a vertical bulkhead and wire -encased gambion revetment; we will tie into that revetment. Resource areas are coastal bank and coastal beach. Access will be from driveway; will build a sand ramp to access the beach so as not to traverse up and down the beach. Propose the same assemblage of materials of high-density and low-density rolls; ask that the upper rolls have the same lift. Everything will be removed — fence, posts, etc. — prior to installation. Working with the Wilkinson team on this. Asked for a continuance. Staff Waiting for MNH. Motion Continued to November 28, 2018 by unanimous consent. Vote N/A 10. *Two Morgan Square, LLC — 2 Morgan Square (Lot A) (87-3.2) SE48-3138 11. *Two Morgan Square, LLC — 2 Morgan Square (Lot B) (87-3.2) SE48-3137 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering David M. Haines, Haines Hydrogeologic Consulting Public Cormac Collier, Nantucket Land Council Discussion (6:56) Bracken — Have not heard from Massachusetts Endangered Species Act (MESA) so will ask for a continuance. For these lots, an RDA in July defined the coastal bank on the property and flood zone. For Lot A: the existing house will be removed and replaced with a new house, garage, pool, patio all outside the 50 -foot buffer; there will be clearing between 25- & 50 -foot buffers. For Lot B: this is for a new house, pool, garage; the house is outside the 100 -foot buffer; the garage, pool, and patio are within 100 -foot buffer but outside the 50 -foot buffer. There will be clearing between 25- & 50 -foot buffers. Lot slopes east to west toward the pond; there is a 4 -foot grade change. Will be hooked to sewer. The property is within priority habitat. Haines — This area is mostly shrub and trees; the pond was dug out and there is a mound covered with vegetation. Collier — Zoning was changed several years ago from 2 -acres to 1 -acre; encouraged ConCom, when faced with rezoning on sites within its jurisdiction, to review the proposed rezoning. The pond was eliminated as a resource area; feels this should be withdrawn and resubmitted including the pond. The Select Board voted to appeal the MNH letter of determination for Surfside Crossing; this is indicative of how bad MNH has become at protecting the State resources. It states in ConCom's regulations that you have jurisdiction to protect rare species habitat and we should not rely on MNH to do their job. This is a priority area. They will have to get permission to hook up to sewer because this is not in the sewer district. Bracken — The pond is shown on the plan; it wasn't on the RDA because that was more for the bordering vegetated wetland. Staff This is not MNH habitat but do have to wait for MESA. We have a three week break so there is time to re - advertise. Motion Continued to November 28, 2018 by unanimous consent. Vote N/A Page 5 of 11 ConCom Minutes for November 7 2018 adopted Nov 28 12. *Lydia Denny R.T. —123 Wauwinet Road (12-9) SE48-3134 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering Public Cormac Collier, Nantucket Land Council Discussion (7:10) Bracken — Waiting to hear from MNH so will ask to continue. Resource is a coastal dune and within coastal flood zone. The proposal is for a small 31SF addition to the rear of the house; will remove an existing patio and greenhouse within the buffer; the increase is 13SF and replace the existing septic with a tight tank; all work is within the 25 -foot buffer. Ground water is at elevation 3.9 with topsoil at 10.4; grade at the tank is elevation 9. We will have to dewater to install the tight tank; dirt -bag dewatering will be outside the 100 -foot buffer. Will install a gate valve in the sewer line in the event of flooding. The addition will be on a pile foundation. Collier — Confirmed that the tight tank is approvable in this location. Bracken — The Board of Health (BOH) now has the authority to issue a permit for a tight tank. Staff Waiting for MNH. Motion Continued to November 28, 2018 by unanimous consent. Vote N/A 13. *Petrocelli — 2 North Beach Street (42.4.1-64) SE48-3135 Sitting Bennett, Erisman, Steinauer, Lafleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public Cormac Collier, Nantucket Land Council Discussion (7:14) Santos — This property is within land subject to coastal storm flowage at the comer of North Beach Street and Easton Street. This is for an addition on the front of the dwelling and infrastructure improvements within the 50 -foot setback to an isolated vegetated wetland established by an RDA for the comer lot. The floor will be above the flood elevation with a pass-through flood vent foundation. Erisman — Asked if the wetland on the neighboring property was indicated when the RDA was approved. Collier — He is concerned about future unintended consequences for 65 Easton Street; asked for a finding in writing that approval of this permit in no way accepts the delineation of the wetland on 67 Easton Street; one map shows the wetland ending at the lot line and wetlands don't follow lot lines. Staff This lot abuts 65 & 67 Easton Street. The RDA was specific to 67 Easton Street. We did work on 2 North Beach Street and there is no vegetated wetland; don't have specific information on the wetland line since it's been in flux. We are waiting for the appeal period for the 67 Easton Street RDA to end. There can be a finding that this is not determining any wetland boundaries for other lots. Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: LaFleur) Vote Carried unanimously 14. *Bains —16 Tautemo Way (83-14) SE48-3132 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Jeremy Schuab, Wilkinson Environmental Public Cormac Collier, Nantucket Land Council Discussion (7:24) Gasbarro — This property fronts Hummock Pond and has a timber bulkhead where erosion has taken place. Proposing 3 20 -inch fiber -roll arrays with plantings; these are not reinforced rolls. Schaub — We will excavate to get the arrays at the correct slope; it is a very shallow bank. Erisman — It looks like there is water up to the existing bulkhead; that what is being claimed as beach is land under the water. Asked what is being planted. Gasbarro — There is a planting specification in the Wilkinson narrative; the low-density rolls will have American Beach Grass plugs. Pointed out location of the observed shoreline; the picture shows the pond with unusually high water and the need for stabilization. Steinauer — Beach grass isn't common and Hummock Pond Road. Schaub — Today there were indications of Switch grass against the bulkhead; that is not indicative of a marsh community. Gasbarro — Will have to continue for MNH, so he will provide information to prove that the area in front of the bulkhead is beach. Collier — Encouraged a site visit. If you want a base line of where the true native vegetation is, look at the north side. Asked where the seed mix would be used. Schaub — Seed mix will be added in the areas above the rolls; it could be added to the nourishment if it stays in place long enough. Collier — The plants will have a positive impact on the wildlife habitat. Staff In the last 8 months, he has never seen that area (the beach) submerged; it has typically been exposed. Motion Continued to November 28, 2018 by unanimous consent. Vote N/A Page 6 of 11 ConCom Minutes for November 7 2018 adopted Nov. 28 15. *99 Squam Road LLC — 99 Squam Road (12-29) SE48-3130 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (7:37) Gasbarro — This is for work on a dwelling within the buffer to a stable coastal dune and isolated vegetated wetland. No structural work proposed within 50 -foot buffer. The footings will be within 2 -feet of seasonal high ground water; dewatering will be to outside the 100 -foot buffer. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 16. *LAZ Family N.T. — 20 Waqoit Road (90-5) SE48-3131 (Cont. 11/28/2018) 17. *United States Coast Guard — 2A & 10 Easton Street (42.1.4-7&10) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public Cormac Collier, Nantucket Land Council Discussion (7:40) Gasbarro — This is for maintenance dredging for USCG Station mooring floats; resource areas are a coastal bank (bulkhead), beach, and land under the ocean. This area was dredged five years ago. Dredging spoils will be placed on the beach on property owned by USCG on Brant Point above mean high water. Studies and surveys have taken place. Received a comment letter from DMS; they required eel grass mapping, which was done showing no eel grass, and no dredging within 25 feet of the mean low water line. The final point is the time -of -year restriction for winter flounder spawning, they wish to do the work starting in January and be done by May 1; given the area was recently dredged and sees high year-round traffic; feels with silt curtains, there will be low impact on that spawning area. The nourishment on the point will be in bare sand areas. Included the square footage and volume from the last dredging. Collier — Procedurally, questioned the USCG being allowed to dredge what looks to be beach rather than dredging for navigational purposes. Suggested the nourishment is going into the wrong place and is washing around back to this location. Gasbarro — He made the same suggestion for the next time they dredge they find another local beach; but because of the timing, this was the "fast-track" nourishment area. He will get more information on the winter flounder spawning area and the expected duration of the activity. Asked to continue the hearing. Staff Historically, USCG projects have been exempt; for some reason this one isn't. Motion Continued to November 28, 2018 by unanimous consent. Vote N/A 18. *Friel —12 North Beach Street (42.4.1-100) SE48-3129 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion (7:53) Haines — There is a bordering vegetated wetland with phragmites within land subject to coastal storm flowage. The existing shed will be moved outside the 50 -foot setback onto sono -tubes and the driveway will be reconfigured to provide a turnaround area and an addition to the back of the house also on sono -tubes. Disturbed soils will be reseeded with appropriate mix. Staff Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 19. *Town of Nantucket — 4 Bathing Beach Road (29-1) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Voigt, Town of Nantucket Facilities Manager Public None Discussion (7:56) Voigt — Sandbar restaurant at Jetties: replace electrical box, drainage within paved parking, and improve utilities. The building is on piers. Erisman — Normally when we're in a dune, we want the sand to migrate under. Voigt — The wind tends to blow the sand around behind the building, but it can migrate under. Staff The grease has been such a problem that the sewer snakes the sewer line daily from the restaurant to Jefferson; hopefully the drainage work will alleviate that problem Waiting for a DEP number. Motion Continued to November 28, 2018 by unanimous consent. Vote N/A Page 7 of 11 ConCom Minutes for November 7 2018 adopted Nov 28 B. Amended Orders of Conditions 1. `Sconset Beach Preservation Fund (SBPF) — 87-105 Baxter Road (48 -Various) SE48-2824 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Steven Cohen, Cohen & Cohen Law P.C. Jamie Feeley, Cottage and Castle Construction Public Rick Atherton, Cormac Collier, Nantucket Land Council Discussion (8:32) Gasbarro — Mr. Steven Cohen, Cohen & Cohen Law P.C. is working with the Select board on a matter, asked that this held until Mr. Cohen finishes. Cohen — This is for coir roll arrays on the returns. Explained the difference between the south and north returns. In order to put the winter sand down, this work needs to be done very quickly or we lose the window. Gasbarro —These rolls will have a similar template as the tubes; these rolls are softer with additional sand over them. Erisman — Asked if there is any clay deposit that the rolls would dig into. Feeley —These will not go into the bluff. Erisman — The visual makes it difficult to see how this aligns with the existing. Gasbarro — The rolls will tie into the logs; explained how that would be done. He will provide as-builts of how it was installed. The anchors won't be able to go at the very end; they will be off a bit. Steinauer — Confirmed these rolls are temporary pending approval of the expanded project Feeley — The south end has a very shallow angle relative to the bluff. Erisman — This says the locations and elevations are to be verified. Asked if those could be verified now. Gasbarro — That is based upon the survey as -built. Cohen — If the commission wants this held open for further information, they can do that Atherton — In relation to the issue end scour, the retums have already been designed and redesigned and the north return failed. The commission should be skeptical that the new returns will correct the problem. The answer to end scour in most projects like this is to extend the project Also, they are assuming the extension will happen and doesn't think the ConCom should act on that premise. Collier — There are a lot of issues that need to be addressed before this is closed. Noted Emily Molden, Nantucket Land Council had submitted a letter into the file which states clearly that the original proposal did not work and requested that, before issuing an amended order, ConCom reviewed the existing order to ensure the project complies with all the issued conditions. Asked how this application, which is on town -owned land, fits in when the Town hasn't signed off on the application. Noted that if the expansion isn't approved, this will not be temporary. Cohen — Wants to emphasize that the Commission can authorize an improvement to the project Erisman — Asked if there is an engineering issue with incorporating the coir rolls with the geotubes. Gasbarro — That is subjective; what we're trying to do is be responsive to the concerns of the commission and the public by providing softer returns subject to conditions and follows the approved template. Thinks this will also provide flexibility regarding how this goes together. This is an adaptive approach and is proactive. His observation is that the end scour is a localized affect. In terms of the north end failure, there was an interesting dynamic occurring between the end and the bluff. Steinauer — These returns being softer and rougher; the hard and smooth geotubes have a lot of wave energy coming off them. These might absorb more energy but doesn't think they'll hold up and have to be frequently replaced. Bennett — He wasn't to see something to protect the ends; we are coming into the winter storm season. Asked if it would help if the returns were longer to taper more. Cohen — They are satisfied that this submission is adequate. Erisman — She'd like an idea of what the as -built will show going into the ground. It looks like these 9 rolls will be only as tall as one geotube. Gasbarto — These will probably go up to the middle of the second geotube. Bennett — He'd like to see an as -built of the existing project Review of the additional information requested by the commissioners. Staff The decision was that this modification to the license for the expansion is required. There are questions to be addressed; can get everyone the actual order. He'd prefer this be closed and issued at the next meeting; that's 21 days from now. Motion Continued to November 28, 2018 by unanimous consent. Vote N/A Page 8 of 11 ConCom Minutes for November 7 2018 adopted Nov. 28 III. PUBLIC MEETING A. Requests for Determination of Applicability 1. *Reed Pond N.T. — 5 Chase Links Circle (30-8) Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (8:o4) Gasbarro — This is to relocate a structure away from an eroding coastal bank; resource areas are the coastal bank and a large bordering vegetated wetland and pond. Boundary delineated by Brian Madden, LEC Environmental. Relocate the structure outside the buffer to the bordering vegetated wetland and remove any foundation. Will have to be reconnected to the septic and w Staff Recommend approvable with a Positive 2 and Negative 3. Motion Motion to Approve as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously B. Minor Modifications 1. Schwartz — 62 West Chester Street (47-373) SE48-3111 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative David M. Haines, Haines Hydrogeologic Consulting Public None Discussion (8:06) Haines — This is a small change to the pool reducing the size and lowering the grade around it; no impact on the wetland boundary. Staff With this site, we require that a contract with a landscaper be in place for the duration of the 3 -year permit; we have received that, and it is in place. Motion Motion to Issue as a minor modification. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously C. Certificates of Compliance 1. Trevor RT Price & Margaret Ann B. Price —10 Long Pond Drive (59-24) SE48-3023 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff For installation of a garage and reconfiguration of the driveway. Recommend issue without on-going conditions. Discussion (8:09) None Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 2. The Maggie West Chester II Trust — 20 West Chester Street (42.4.3-58.1) SE48-2846 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This had buffer zone restoration work; work is in compliance. Recommend issue with the on-going Condition 22 for a monitoring report. Discussion (8:09) None Motion Motion to Issue as recommended. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 3. 181 Taurus Trust —181 Eel Point Road (33-21) SE48-2788 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This was for redevelopment and cleanup from cutting; work is complete. Recommend issue. Discussion (8:10) None Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 4. Hellauer & Gifford — 74 & 76 Monomoy Road (43-151,66) SE48-3114 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This was for reconfiguration of a walkway; work is complete. Recommend with continued photo monitoring. Discussion (8:11) None Motion Motion to Issue as recommended. (made by: Topham) (seconded by: Steinauer) Vote Carried unanimously 5. Nineteen BR Property, LLC —19 Baxter Road (49.2.3-14) SE48-3116 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff Relocation of a path; work is complete. Recommend with on-going Condition 19 for monitoring. Discussion (8:12) None Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously Page 9 of 11 ConCom Minutes for November 7 2018 adopted Nov 28 6. Giguere Realty Trust — 9 Columbus Avenue (59.3-112) SE48-1029 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This was for a septic system. The BOH has an as -built and issued a certificate of compliance on the system. Recommend issue; no on-going conditions. Discussion (8:13) None Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously D. Orders of Condition 1. Terrance P. & Patricia A. Moran — 72 Millbrook Road (57-4) SE48-3128 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff Requested a waiver for 2 -foot separation from groundwater, standard pool conditions. Discussion (8:14) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: Topham) Vote Carried unanimously 2. Jon & Kerry Walker —112 Wauwinet Road (11-20) SE48-3119 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This has a different finding. the garage is outside of ConCom's jurisdiction. Waiver added. Discussion (8:16) None Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously 3. LHVEN, LLC —109 Eel Point Road (32-4) SE48-3126 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This is a Wilkinson array. Reviewed conditions including the Condition 35 to recover within 10 days. Discussion (8:17) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 4. Michael S. & Kristina Elizabeth Jemison —195C Hummock Pond Road (65-23.2) SE48-3127 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This was an enforcement follow up; met with the Hardy's, upon whose property was encroached. They are satisfied but asked that six cedars along the property line be replaced. Condition 27 requires those be replaced. Condition 31 requires a performance bond for the 3 years of the permit. Discussion (8:18) None Motion Motion to Issue as drafted. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 5. Teddy Bloomer, LLC — 94 Tom Nevers Road (91-41) SE48-3125 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This is for beach stairs. Discussion (8:20) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 6. Nantucket Islands Land Bank — 21 Crooked Lane (41-480) SE48-3122 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff Forgot to add Condition 19, a monitoring component for the areas of the walkway. Will add a Condition that ConCom prefers the use of Fibergrate® and minimizes the width of the walkways. Discussion (8:21) Cormac Collier, Nantucket Land Council — he's okay with structure like boardwalks. Erisman — If there are boardwalks, they should be FibergrateO. Her concern is there would be no vegetation growing underneath. Discussion about whether or not to condition the boardwalk to be made of Fibergrate®. Motion Motion to Issue as amended. (made by: Topham) (seconded by: LaFleur) Vote Carried 3-2//Erisman and Steinauer opposed 7. Petrocelli — 2 North Beach Street (42.4.1-64) SE48-3135 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff He will add the condition that this permit doesn't indicate approval of boundaries to the wetland on another property. Discussion (8:28) None Motion Motion to Issue as amended. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 8. 99 Squam Road LLC — 99 Squam Road (12-29) SE48-3130 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This is very straightforward. Discussion (8:29) None Motion Motion to Issue as drafted. (made by: Topham) (seconded by:) Vote Carried unanimously Page 10 of 11 ConCom Minutes for November 7 2018 adopted Nov. 28 9. Friel —12 North Beach Street (42.4.1-100) SE48-3129 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff Normal buffer zone conditions. Discussion (8:30) None Motion Motion to Issue as drafted. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously E. Extension Requests 1. Burke, Trustee — 36 North Liberty Street (41-265) NAN-113 Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff This is the 3rd 1 -year extension request. This is the last extension; if they don't finish, they must reapply. Discussion (8:31) None Motion Motion to Approve the one 1 -year extension. (made by: Steinauer) (seconded by: Laneur) Vote Carried unanimously F. Other Business 1. Approval of Minutes 10/17/2018: adopted by unanimous consent. 2. Monitoring Report a. 181 Eel Point Road (33-21) SE48-2788 b. 20 West Chester Street (42.4.3-58.1) SE48-2846 3. Enforcement Actions a. Marsha Fader — 36 Liberty Street (42.3.4-83) Sitting Bennett, Erisman, Steinauer, LaFleur, Topham Staff Passed out the enforcement letter to go to Ms Fader. Reviewed the highlights of the letter. maintenance plan, delineation of resource borders, RDA or NOI or delineation to be filed by January 11, 2019, if nothing filed in the stated time, ConCom will fine $50 a day. Discussion (9:10) None Motion Motion to Issue the enforcement letter. (made by: Erisman) (seconded by: Topham) Vote Carried unanimously 4. Reports: a. None 5. Commissioners Comment a. None 6. Administrator/Staff Reports a. Will have a hearing about changing penalties. Adjourned at 9:16 p.m. by unanimous consent. Submitted by: Terry L. Norton Page 11 of 11