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HomeMy WebLinkAbout2018-11-28Commissioners ConCom Minutes for November 28 2018 adopted Dec. 19 CONSERVATION COMMISSION,' PUBLIC MEETING 0 N CLEC?; 2 Bathing Beach Road t Nantucket, Massachusetts 02554 2118 DEL !0 An 8: 1 J www.nantucket-ma.gov Wednesday, November 28, 2018 4 Fairgrounds Road, Training Room — 4:00 p.m. Andrew Bennett(Chair), Ashley Erisman (Vice Chair), Ernie Steinauer, David LaFleur, Ben Champoux, Ian Golding, Joe Topham Called to order at 4:03 p.m. Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office Administrator, Terry Norton, Town Minutes Taker Attending Members: Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Absent Members: None Late Arrivals: None Earlier Departure: None Agenda adopted by unanimous consent 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. 01/09/2019) 2. Gregory Reyes —19 East Creek Road (55-60) SE48-3065 (Cont. 01/09/2019) 3. Hither Creek Boatyard — 20 North Cambridge Street (59.4-s, 38-14, 38-15, 60-17) SE48-3136 (Cont. 01/09/2019) 4. Gund — 3, 3R, 5, 7, 11 East Tristam Avenue & Capaum Pond (31-9,11,8,7,5&12) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public Emily Molden, Nantucket Land Council Discussion (4:04) Gasbarro — This project involves installation of reinforced coir fiber arrays; provided revised plans showing removal of the sand -drift fence. Also provided the mean high water line. Massachusetts Natural Heritage MNH has been provided with information and affidavit from all the neighbors. There is no file number so will have to continue. Erisman — Asked how this meets into other projects on abutting properties. Gasbarro — That is shown by putting two plans together. The intent is to get stable vegetation growing on the fence. Clarified on the plans access for work from across the Gund properties. Molden — a lot of these installations, the plantings on the roll will be maintained over the life of the array; doesn't know if the applicant provided information on what the bank's annual contribution would be to determine the sand nourishment volume. Steinauer — The revetment probably went in before mitigation was required; this would be a good time to require that. If the revetment weren't there, the bank's contribution would probably match neighboring areas. Gasbarro — He submitted a letter with the revised plans detailing that. A report by Woods Hole Group from previous studies was included with the NOI. He also estimated that based upon those rates he would provide 2.1 linear feet for the full length; for the revetment area calculated 2.8 feet. Annually nourishment will be 2300 cubic yards per linear foot. Golding — He can't find the letter in the packet. Gasbarro — Asked for a continuance to December 19. Staff Don't have a file number. Motion Continued to December 19, 2019 by unanimously consent. Vote N/A 5. Keybank National Association —14 Washing Pond Road (31-19) SE48-3133 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (4:15) Gasbarro — We were waiting for a file number, which has been issued. The remnant of the "snow fence" will be removed and that is shown on the plan. All debris will be removed. Staff Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer) Vote Carried unanimously Page 1 of 7 ConCom Minutes for November 28 2018 adopted Dec. 19 6. Two Morgan Square, LLC — 2 Morgan Square (Lot A)(87-3.2) SE48-3138 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. Public None Discussion (4:17) Bracken — Received a Massachusetts Natural Heritage (MIRTH) no -take letter and revised the NOI to include land under the water. Erisman — Asked the type of seeding: lawn or meadow. Bracken — Lawn. Steinauer — Given the landscaping, is 50% of the 25-50 will be maintained in its natural state. Golding — There's a pond and wetland in that area. Bracken — Will accept a condition for meadow grass. Staff Confirmed that even though it didn't list all the resource areas from the original notice, Department of Environmental Protection (DEP) felt that this NOI is sufficient and compliant notification purposes. Have everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously 7. Two Morgan Square, LLC — 2 Morgan Square (Lot B)(87-3.2) SE48-3137 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. Public None Discussion (4:22) Bracken — Same situation. Steinauer — Has the same comment about landscaping within the 25-50 zone. Bracken — They would be fine with the same conditions. Staff Have everything needed to close. Motion Motion to Close. (made by: Topham) (seconded by: Champoux) Vote Carried unanimously 8. Lydia Denny R.T. —123 Wauwinet Road (12-9) SE48-3134 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Don Bracken, Bracken Engineering, Inc. Public None Discussion (4:23) Bracken — Got a letter from MNH saying the work is exempt For installation of a tight tank; groundwater is very close requiring a high mounded system. Asking for a Board of Health (BOH) variance. Needs a letter from ConCom to BOH saying this commission prefers the tight tank over an I/A. Staff Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 9. LAZ Family N.T. — 20 Waqoit Road (90-5) SE48-3131 (Cont. 12/19/2018) 10. United States Coast Guard (USCG) — 2A & 10 Easton Street (42.1.4-7&10) SE48-3139 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (4:25) Gasbarro — This was held for the file number, which we now have. This is for dredging to facilitate access for their boats around the pier; dredged materials are to be placed on Brant Point They hope to avoid the time -of -- year restriction by commencing the work as soon as possible. Golding — Suggested putting the fill behind the bulkhead on the former Kerry property. Gasbarro — We don't have permission to work on anyone else's property. He doesn't know how to alter this NOI for a different disposal site. We are using the material for nourishment on USCG property. Staff They are proposing nourishment within the same envelope they previously used. DEP can be picky about where that can and cannot go. He could ask about additional nourishment areas. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: Steinauer) Vote Carried unanimously 11. Bains — 16 Tautemo Way (83-14) SE48-3132 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Seth Wilkinson, Wilkinson Environmental Public None Discussion (4:32) Gasbarro — This to stabilize an eroding, shallow bank along Hummock Pond, concerns were raised about the types of plants proposed. We submitted supplemental information about the three rolls and plants. Page 2of7 ConCom Minutes for November 28 2018 adopted Dec. 19 Wilkinson — The area is dominated by Switch Grass so adjusted the plant pallet for that. Golding — Asked if the marsh grass along this is negligible. Wilkinson — This is a small project. We try to put as much sand on the rolls as we can. Erisman — Asked if there is a schematic for placement of the plugs. Wilkinson — That's a seed mix in the fiber rolls. The seed mix would go above; the plugs would go into the rolls. There is irrigation in the lawn; a little will be done to help the plants to get established. Erisman — Asked about phragmites in front of the bulkhead. Wilkinson — The family is aware of and concerned about the phragmites but there is a neighborhood program they hope take care of the greater stand. Erisman — Would like to see a native community established in the area. Golding — Asked how you tell from pictures if they are native phragmites. Wilkinson — You can tell from the growth pattern; but that isn't part of this project. He's seen sand sprayed right up to the stand. Erisman — Won't see phragmites in the work area. Wilkinson — There is no proposal for that. Golding — They don't want to remove 150 square feet (SF) of phragmites. Wilkinson — The area of phragmites is much more than 150 SF. Gasbarro — In the work area, any invasive species will be treated now or under monitoring. The dense monoculture is west of the bulkhead. Staff We've dealt with phragmites through monitoring that would be for the project area between the bulkhead and limit of work line, Can condition that a phragmites treatment plan be filed. Have everything needed to close. Motion Motion to Close. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 12. Town of Nantucket — 4 Bathing Beach Road (29-1) SE48- (Cont. 12/19/2018) 13. Waypoint, LLC - 71 Pocomo Road (15-9) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public Emily Molden, Nantucket Land Council Discussion (4:46) Gasbarro — This is for a continuation of the fiber roll array in Pocomo; its adjacent west of Pocomo Neighbors project installed a couple of years ago and would match and tie into the existing array. Monitoring would match that for Pocomo Neighbors. Erisman — Asked about the access. Gasbarro — Straight in from the driveway; that includes sand delivery. Topham — Asked if this would be an access point for other project. Gasbarro — He can't say that would be possible. All debris will be removed. Erisman — How much cobble and different sediment comes from the bluff. Over time the impact on the habitat out front would be impacted. Steinauer — Cobble could fall on the beach a stay there a long time. Erisman — If we put sand on this, will the cobble be buried and no new cobble added. Gasbarro — On condition on the other was photo monitoring for that very reason. Cobble in that area gets covered and exposed over the season. Three months ago the cobble beach was very evident, not buried; maintaining that is using the appropriate amount of nourishment without impacting the cobble or the eel grass out front. The photos do show the beach as well as the bank. There is an about 600 -foot gap in the other structure. Steinauer — Wonders at what point maintenance can no longer be done. Gasbarro — The onus is purely on the property owner. Molden — After the discussion about nourishment, if the adjacent project through monitoring and maintenance have they been able to ascertain if what they are providing equates with what the bank would have provided. Gasbarro — Yes; that is covered in the monitoring report. They did compare the contributed to predicted volume. There is the minimum volume and the requirement to keep the rolls covered. That will be included in the report. Asked for a continuance Staff Needs a DEP file number Motion Continued to December 19, 2019 by unanimously consent. Vote N/A 14. Huckleberry Friend Trust — 13 East Tristram Avenue (31-37) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Page 3 of 7 ConCom Minutes for November 28, 2018, adopted Dec. 19 Discussion (4:57) Gasbarro — This is compliment to the Gund project; it is to the west of that and to the east of the existing structure. We have a previous approval for coir envelops and drift fence; all that will be removed- Erisman emovedErisman — Asked if they are willing to cover the stone revetment in front of this property. Gasbarro — The volume was calculated for this coir array only; doesn't know where the nourishment would go on the stone portion except into the tidal zone. Asked for a continuance. Staff Needs a DEP file number Motion Continued to December 19, 2019 by unanimously consent. Vote N/A 15. Bradley S. Brewster 2017 Revocable Trust & Jeanmarie Brewster 2017 Revocable Trust — 29 Walsh Street (29-81) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Art Gasbarro, Nantucket Engineering & Survey Public None Discussion (5:00) Gasbarro — This is for renovation and addition a single-family dwelling and construct a second dwelling and a patio between the two structures in land subject to coastal storm flowage. Steinauer — Asked if the garage would be at grade. Gasbarro — The garage will be at grade with flood vents. Will accept a condition about no fertilizer or fluids stored below the flood -zone elevation. Topham — He thought the existing grade and new crawlspace grade had to be the same height Golding — Asked how the rainwater will be handled with the increase coverage. Gasbarro — In the interest of the performance standards, we aren't impacting that land's ability to handle water. It would be very difficult to put in an infiltration system due to the low elevation and high water. Erisman — Wants to see some way to manage stormwater. Champoux — If there is no floor in the garage and the structures have vents and no basement, flood water would behave normally. Gasbarro — Asked for a continuance. Staff Need a DEP file number. Motion Continued to December 19, 2019 by unanimously consent. Vote N/A 16. Hulbert ACK, LLC — 2 Hulbert Avenue (42.1.4-2.1) SE48- 17. Hulbert ACK II, LLC — 4 Hulbert Avenue (42.1.4-2) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Paul Santos, Nantucket Surveyors Public None Discussion (5:13) Santos — Both properties are completely within land subject to coastal storm flowage and a bordering vegetated wetland on the west edge 2 Hulbert Avenue. This to replace existing fencing with a 4 -foot, board fence, move a portion of the driveway for 4 Hulbert off 2 Hulbert and reseed 2 Hulbert The section of fence3 protecting the 25 -no -disturb zone will remain. We don't have a DEP file number so must ask for a continuance. There is no change in grade. Staff Need a DEP file number Motion Continued to December 19, 2019 by unanimously consent. Vote N/A 18. BSS Hummock Pond, LLC — 289 Hummock Pond (83-4) SE48- Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Stan Humphries, LEC Environmental Public Seth Wilkinson, Wilkinson Environmental Emily Molden, Nantucket Land Council Discussion (5:12) Humphries — Reviewed previous applications for this property. The resource areas to the west and northwest were confirmed in 2016: salt marsh, coastal dune, and barrier beach and flood zones on the site. Coastal zone management data from 2009 indicates over the last five years the bank eroded 20 feet. The top of coastal bank is 25 feet from the house. Proposal is to install a 105 -foot -long structure of 9 fiber roles with 125 cubic yards of clean sand annually; upper four logs plugged with beach grass. Access is off Hummock Pond Road- Monitoring oadMonitoring is proposed in the NOI. DEP would regulate this as a pre -1978 structure; it has been substantially improved, we will comply with local regulations. We will request a waiver. Don't have a MNH letter or file number. Steinauer — Asked if they have Town permission to come off Hummock Pond Road- Erisman oadErisman — There is also some pinch points on the beach that a vehicle might not be able to get through. Humphries — There might be a way to access from the property. There is small machinery can access the site. Erisman — She doesn't see this array surviving the storm systems that impact Cisco Beach. The wave energy is too great. If it breaks up the rolls wash down the beach. Champoux — Something looks different about the soil on the single layer of coir netting and mesh - Page 4 of 7 esh. Page4of7 ConCom Minutes for November 28, 2018, adopted Dec. 19 Humphries — Asked Mr. Wilkinson comment on that. Wilkinson — He hasn't been involved in this project, but he looked at it. Sees no issues. Champoux — Asked about the rolls ability to stand up in a high -velocity area. Humphries — It was designed with the mesh to stand up. Discussion about the impact should the rolls let go and how that is being prevented. LaFleur — Would like to see a cut sheet on the materials. Golding — It's an awkward situation but if this is effective, he's concerned about a peninsular effect Asked if this were to be ripped out, wouldn't the reinforcement bars do more damage than if the structure weren't there. Humphries — Those are 7" long; it's extremely low profile yet very strong. Golding — You have 28 diameter rolls and the duckbill anchors look to be 16 inches long. Humphries — You're seeing the cable which has '/4 -inch diameter. Steinauer — Asked how Mr. Humphries expects the rolls to hold up under heavy pounding once the cover sand is gone. Humphries — He thinks of non-structural alternatives, this is the most robust. It is higher maintenance to ensure it is secure. Erisman — She's worried about detritus. She's seen houses fall in and wash up on the beach. Golding — Clean up can be conditioned; but that is a good point. Molden — In this location the commission might want to think more about specific failure criteria with a positive order with the concerns of survival. Golding — Asked if there's a way to measure wave energy; he recalled an experiment for underwater turbines off this beach where it turned out there wasn't enough wave power to run them. Champoux — That was off Madaket. Staff Need a DEP file number. Motion Continued to December 19, 2019 by unanimously consent. Vote N/A B. Amended Orders of Conditions 1. Sconset Beach Preservation Fund — 87-105 Baxter Road (48 -Various) SE48-2824 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Steven Cohen, Cohen & Cohen Law P.C. Art Gasbarro, Nantucket Engineering & Survey Public Maureen Phillips, Nantucket Coastal Conservancy Barbara Bund, 12 Equator Drive Discussion (5:34) Cohen — Reviewed the purpose of this application. Steinauer — Asked if they are going to use the fiber rolls and will they make a difference. Cohen — There is different wave energy on the east end side of the Island versus the west end. Shouldn't see the rolls being dislocated and swept out to see as anticipated for Cisco. Gasbarro — The annual rate of erosion and wave energy are much less on this side than along the South Shore. Another difference is that the rolls are limited to the ends and are not stand alone and will have a significant amount of nourishment connected with the overall project. The rolls will absorb some of the energy in a softer manner. When the extension NOI is approved, these would be easier to remove. Golding — Asked how they will be anchored. Gasbarro — Gordon Baird, who did the engineering for the extension project, did the engineering for this; explained how they will be anchored. Cohen — This material would allow us to adjust it as need; also, we're adding length and changing the shape to soften the angle and material. Noted this alteration would piggy -back on the main project's one-year extension. This is within the existing license with an adjustment for size, location, and materials. It's a simple process but can't do that unit ConCom approves this. Phillips — The NCC has raised the concern that the existing structure was allowed under an emergency order, one part of that says that the Town and SBPF are to provide reports every 6 months on efforts to relocated public access utilities and infrastructure at the north end of Baxter Road. In August, Ms D. Anne Atherton asked Mr. Carlson if those reports had been submitted; Mr. Carlson said he had no such reports. That failure to submit reports is very important to use. Cohen — The emergency permit was replaced by a permanent permit under an order of conditions. The Town, the north -end Abutters and SBPF entered into an alternative access agreement executed over one year ago agreeing we did not have to make any more reports. Recently, the Town Manager said they want engineering and bid specs first; that will be provided when it is accomplished. Erisman — Even if there is a work -through with the Town Manager, if it doesn't comply with the wording in the order of conditions, that is a problem. Cohen — We could ask that the order be changed to reflect that if nothing is happening, they don't have to report nothing is happening. They haven't done anything new in 18 months. He feels this is a red herring and we've had this conversation repeatedly. Bennett — It went to the Town Manager, but we never saw it. LaFleur — Suggested a simple letter stating nothing has changed. Page 5 of 7 ConCom Minutes for November 28 2018 adopted Dec 19 Cohen — He'd be willing to do that. Erisman — Would like one from the Town Manager as well. Bennett — That letter would at least be in the file and on the website. Cohen — He'll be happy to do that. Everything that was supposed to happen has been done. Golding — Asked if that original letter is on the Town website. Bund — If the letter was done in 2017, the order of conditions was done in September 2015; there should have been 5 of these reports. She doesn't think this is a minor point If it takes this amount of raising the issue over and over to be enforced, that sends the message that people can do what they like. Asked that the Hiles be enforced to preserve the Island. Phillips — Mr. Cohen implied if nothing happens you don't have to report She doesn't see that language anywhere. Steinauer — asked if the wording was in the current order or the emergency order. Cohen — Mr. Gasbarro submitted engineered drawings to the Town and they have a bid package ready to go; that will take a few months; at that time a report will be submitted. He'll submit a letter to that effect- Bund ffectBund — Dawn Hill Holdgate asked for shovel ready plan this summer while the new NOI was under consideration. Those plans were filed September 30. Steinauer — Would like the materials color marked. He's concerned about the coir breaking into small fibers. Erisman — Agrees. Gasbarro — Mr. Wilkinson has come up with a system of field tags fastened into the synthetic fiber of every roll. If a log were to come dislodged, it could be identified. Golding — The coir that shredded this spring was a mess; he doesn't know if that was picked up. He's reassured by the tags. Deliberation: Steinauer — He feels this is better than the geotube. Staff Confirmed the Town Manager has reached out to the applicant about the licensing of this project to ensure it is covered. In the current order, they have to have the license on file with us before work begins. There was discussion about compliance with the previous order, he has that writ if anyone wants to review it This would have all the same monitoring and criteria under the original order would be applicable to this. We've received all the annual reports. Confirmed the letter is on the website but he's willing to spread it around. Currently, engineered road plans are required; the Town is planning on entering a contractual agreement to have the bid specs ready to go should that be necessary. Read Condition 44 about the access report. It is the Town's and SBPF's responsibility, wording is in both the order of conditions and the emergency order. It is conditioned in the order that all material be marked to identify it as from the SBPF project If the commission feels they have enough information, they can close the public hearing and deliberate. Motion Motion to Approve the amended order. (made by: Golding) (seconded by: Steinauer) Vote Carried 6-1//Erisman opposed III. PUBLIC MEETING A. Minor Modifications 1. Lorusso — 316 Polpis Road 925-7) SE48-2922 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative None Public None Discussion (6:03) None Staff This is to install a new well. The proposed location is shown outside the buffer to the vegetated wetland. This qualifies as a minor modification. Motion Motion to Issue a minor modification. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously B. Certificates of Compliance 1. Steven L. Cohen, Trustee — 68 & 72 Monomoy Road (43-119 & 115) SE48-2803 Sitting Bennett, Erisman, Steinauer, LaMeur, Champoux, Golding, Topham Staff This was for site redevelopment. Done and constructed; recommend the certificate be issued. Discussion (6:04) Motion Motion to Issue. (made by: LaFleur) (seconded by: Topham) Vote Carried unanimously 2. 276 Polpis Nominee Trust — 276 Polpis Road (25-31) SE48-2830 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff The project is in compliance. Discussion (6:05) Jeff Blackwell, Blackwell & Assoc. — This was for a new foundation and relocated the garage. The order allowed the continuance of the driveway, but the owner decided not to extend it past the garage. Motion Motion to Issue. (made by: Steinauer) (seconded by: Champoux) Vote Carried unanimously Page 6 of 7 ConCom Minutes for November 28 2018 adopted Dec. 19 C. Orders of Condition 1. Keybank National Association —14 Washing Pond Road (31-19) SE48-3133 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff He didn't write an order of conditions for this. Asked if there are other conditions than the normaL He will add one that all debris on the beach be removed. Discussion (6:07) Bennett — This is fiber rolls and plants. Motion Continued to December 19, 2019 by unanimously consent. Vote N/A 2. Two Morgan Square, LLC — 2 Morgan Square (Lot A) (87-3.2) SE48-3138 3. Two Morgan Square, LLC — 2 Morgan Square (Lot B) (87-3.2) SE48-3137 Sitting Bennett, Erisman, Steinauer, LaReur, Champoux, Golding, Topham Staff He will add Condition 22 requiring all vegetation to be meadow beyond the pool fence. Will add Condition 23 about lighting. Discussion (6:10) Erisman — Asked for a condition on the exterior lighting directed away from the resource area. Also, they need to update the property line at the coastal bank. Motion Motion to Approve as amended 2 Morgan Square Lots A & B. (made by: Champoux) (seconded by: LaFleur) Vote Carried unanimously 4. Lydia Denny R.T. —123 Wauwinet Road (12-9) SE48-3134 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Variance letter being written up states ConCom is in favor of a tight tank; is the commission comfortable with that. The seasonal -use restriction doesn't go in the ConCom letter; it is defined and enforced by a BOH -held deed restriction recorded against the title. Discussion (6:14) Golding — Asked what defines seasonal use and who enforces it. Discussion about the use of and expense of pumping tight tanks. Motion Letter request Approved without objection by unanimous consent. Vote N/A 5. United States Coast Guard — 2A & 10 Easton Street (42.1.4-7&10) SE48-3139 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Mirrored the conditions used last time; added filtration curtains to encompass the area. Discussion (6:19) None Motion Motion to Approve as drafted. (made by: Steinauer) (seconded) Vote Carried unanimously 6. Bains —16 Tautemo Way (83-14) SE48-3132 7. Other NOIs not closed Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Asked if the commission is comfortable with positive draft orders for29 Walsh Street and the two 2 Hulbert Avenue NOIs. Discussion (6:23) Golding — 2 Hulbert Avenue should be conditioned that there will be spaces in the fence. D. Other Business 1. Approval of Minutes 11 /07/2018: Approved by unanimous consent. 2. Monitoring Report — Contract Schwartz — 62 West Chester Street: This required a contract be filed for maintenance during life of the project. That has been filed. 3. Enforcement Actions a. Enforcement Regulations Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Had an opportunity to draft up a revised section of enforcement for the regulations: penalty fees and procedure. He'll send that to the commissioners for review. Discussion (6:26) None 4. Reports: a. CPC, Golding b. NP&EDC, Bennett 5. Commissioners Comment a. None 6. Administrator/Staff Reports a. None Adjourned at 6:33 p.m. by unanimous consent. Submitted by: Terry L. Norton Page 7 of 7