HomeMy WebLinkAbout2019-6-5Commissioners:
ConCom Minutes for June 5 2019 adopted June 19
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road
-Nantucket, _Massachusetts 02554 a
u -w -w .nanrucket-ma.goy a _ -
Wednesday, June 5, 2019 :.
4 Fairgrounds Road, Training Room — 5:00 p.m.
\redrew Bennett(Chair), Ashley Erisman (Vice Chair), Ernie Steinauer, David LaFlr%k,
Ben Champoux, Ian Golding, Joe Topham C:�'
Called to order a: -:, 5 h.1
Staff in attendance: ! cif ('ar'son, Natural Resources Coordinator; Tern- Norton, Town 'Minutes Taker
Attending %Iemhcr1: Bennett. Erisman, Steinauer, LaFleur, Champoux, Topham
.Absent Member,: <;olding
Late Arrivals: A our:
Earlier Departure \one
Agenda adopted ht um:tnimoxu consent
`.Matter h_:.- nor ,.-i,. nc.,rd
1. PUBLIC MEETING
A. Announcements
B. Public Comment — Aone
11. PUBLIC HEARING
A. Notice of Intent
1. LAZ Faniii, \. , -- \\ aqoit Road (90-5) SE48-3131 (Cont. 07/03/2019)
2. Booya, LLC — �) �.ro�,s Nest Way (12-20) SE48-3175
Sitting licnncrr, 1-ri,man, Steinauer, LaFleur, Champoux, Topham
Documentation bite :ina u>ho�,raphical plans, photos, requisite departmental reports and correspondence.
Representative I'altl �:uiro;, Nantucket Surveyors
Public Arthur Readc, Reade, Gullicksen, Hanley, & Gifford LLP for the Evans 7 Crow's Nest Wav
Discussion (5:07) Santos - "i Li< is for a septic upgrade; actual ownership has changed to 9 Crow's Nest Way Realty Trust; they
L.c\ t,kc�l ro continue with this request. The application is for a septic that serves a 2 -bedroom cottage on a
condo lot v :rh another 4 -bedroom cottage with its own septic. A septic upgrade was issued in the mid-1990s
for thii 1w,, ai that time, the ConCom issued an Order of Conditions and the Certificate of Compliance with a
reariction rhar the cottage would be no more than 2 bedrooms. This is for an upgraded system that would
Allo -,v 3 hedrooms for this structure, totaling 7 bedrooms for the site; we are also asking ConCom to release
rhe _' hcdrootn restriction. Explained new system and how it could serve the additional bedroom. The waiver
I ( li ;< Lmder long-term net benefit. The Board of Health (BOI� has requested ConCom approval first
�inc�,hr> commission holds the restriction. The existing is a functional system; the new would use improved
f<;r a 3rd bedroom. The processor in place is certified for 5 bedrooms; that and the pump would
rcm:un, ilu� lot area allows for up to 7 bedrooms.
Erisman — she's uncomfortable with allowing additional bedrooms in a sensitive area.
Champoux — The technology now is much better, even with adding a bedroom.
Reade — i he issuance of the 1996 certificate was no easy task due to the proximity to the resource area; at
,1.at tins i',(: commission was adamant about no future expansion of the bedrooms. Today, the concern is
gill rhe proximity to the wetland; his client feels strongly the 2 -bedroom restriction should continue forward.
Steinauer — Today, the lot would be considered unbuildable.
Consensus — Agrees the condition should be upheld.
Staff 1 la%c c%crt thing needed to close.
Motion Motion to Close. (made by: LaFleur) (seconded by: Steinauer)
Vote (::trricd Lill animoush-
3. "I•own of \;uuuckct — Ictties Beach, Jetties Beach Plavground, the end of)efferson Avenue & Children's Beach 1229-1.
29-2, Road 1.i, our, 42.41.2-9) SE48- 3200
Sitting licnncrt, 1:ri>man, Steinauer, LaFleur, Champoux, Topham
Documentation Site :incl topographical plans, photos, requisite departmental reports and correspondence.
Representative (:ha: Kogcr�, Deputy Director Facilities Department of Public Works (DP\X)
Public Hone
Discussion (5:29) Rogers — l pdate on the status of the project: Nantucket High School students have completed two
NMTJU-:ilk,: \-,c are trying to find a contractor to build the other two, which are more complicated; we have
111)k - approval. Funding is contingent upon on all of these to be in place by June 30; it should have come to
t:on(:om monrhs ago. One concern about the Jetties playground is the jungle gym within 5 feet of the
,cthack.
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ConCom Minutes for June 5, 2419, adopted lune 19
Staff
We are still dealing with Massachusetts Natural Heritage about the proposal - - --_
_ -1 and will ha% -t tO
continue this again. AWe want to get Massachusetts Natural Heritage to release :_-__
__ :-_s to allow- DP\\
to start work and deal with the jetties separately; we could take it up at the 1
nould be a short
conversation.
\lotion
Continued to June 12 by unanimous consent.
Vote
N/A
4. Olof Clausson
- 30 Eel Point Road (40-44.1) SE48-3201
Sitting
Bennett, Ensman, Steinauer, LaFleur, Champoux, Topham
Documentation
Site and topographical plans, photos, requisite departmental reports and toric
Representative
None
Public
None
Discussion (5:3v)
None
Staff
Brian Madden, LEC Environmental couldn't make it. We received Massach.--_
tentage=rgn-of?
on this; this is for a new section of driveway and garage.
I lave even'thing needed to close.
\lotion
Motion to Close. (made by: LaFleur) (seconded by: Topham)
Vote
Carried unanimously
5. 'The Catherine
S. Felleman Revocable Trust - 4 Woodbine Street (8--3-) SE48-3214 (Cont. '�6
19 2(219)
6. Pocomo,
LLC - 7- Pocomo Road (15-6) SE48-3203
Sitting
Bennett, Ensman, Steinauer, LaFleur, Champoux, Topham
Documentation
Site and topographical plans, photos, requisite departmental reports and corre--_:
Representative
.Art Gasbarro, Nantucket Engineering & Survev
Public
None
Discussion (5 40)
Gasbarro - This is within the 100 -foot buffer to a coastal bank and the w -ori _
_ : -development to
include a pool and patio; all proposed structures are outside the 50 -foot buffy
stem Outside
the 100 -foot buffer. There is no proposed pool fence; the fence shown on t _ __
It fence. _At thns
point we assume the pool -will have an auto -corer; if not we will be back for :. :.. _ _
- _._ _ _ -ion for a fence.
Staff
I lave even -thing needed to close.
\lotion
Motion to Close. (made bv: Champoux) (seconded bv: LaFleur;
Vote
Carried unanimous)
Frik Passasante - 41 Long Pond Drive (59.4-109.1) SE48-3205
Sitting
Bennett, Ensman, Steinauer, LaFleur, Champoux, Topham
Documentation
Site and topographical plans, photos, requisite departmental reports and cone -
Representative
Cameron Larson, Wetland Scientist ECR, LLC
Public
None
Discussion (5:43)
Larson -'Phis is within the 100 -foot buffer to a bordering vegetated w -ti
pond w-rthin the
limits of the -wetland. This is for a new slightly larger shed in the same areas .
-Ied: the exnstmg
shed will be relocated outside the 100 -foot buffer; the disturbed area is xith _
Staff
Ilave even -thing needed to close.
\lotion
Motion to Close. (made by: Topham) (seconded bN: Champoux;
Vote
Carried unanimoush_-
II1. PUBLIC MEETING
A. Requests
for Determination of Applicability
I. .Ambrecht
- 13 Ging}- Lane (41-850)
Sitting
Bennett, Ensman, Steinauer, LaFleur, Champoux, Topham
Documentation
Site and topographical plans, photos, requisite departmental reports and come
Representative
'\lark Rits, Site Design Engineering
Public
Steven \\mite, 4-_A West Chester Street
Discussion (5 46)
Rits - This is for a retaining wall outside the 50 -foot buffer with grac it ,_�
-proposed wall 1 -
separated from the wetland bN. a developed lot. Our client would like to kc_-
�ximateh 1400t
off the property line.
Champoux - It's not jurisdictional but it is a neighborly thing to maintain Th _
-ous the wall u -ii
cut the roots of the trees. The request for a retaining wall is ,']thin reason.
White - We have issues in addition to the trees; if the wall is allowed, it can' - _ _ -
_ _ _ _-.Zthout access TO
iny property-. Described an apparent raise in the grade. The Town Engineer
that the slope is
stable which brings into question the need for the --all. The wall will have ._
__. silt fencing, and
over digging to install the forms. If they cut back the roots and injure the -_ _ - _
ble for properr.
damage should the trees fall.
Topham - Asked if fill was permitted.
Champoux - We have permitted retaining walls outside the 5O -foot buffer:
is legal to build
is immaterial to our performance standards.
White - He disagrees with'\Ir. Champoux. _asked about monitoring the -,or}: _
--ees.
Erisman - She -would want a NOI so it can be conditioned: there is a long L-. _
-equired and IT i=
within the buffer to the resource area.
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ConCom Minutes for June 5 2019 adopted June 19
i J -oat how this relates to the performance standards and if a NOI is required.
Rits the adverse impact to the wetland, if the silt fence fails it has to cross another propem- with
II! Li 7).171 o.
Staff Oil can i�.ue a Negative 3 allowing work in the buffer or issue as a Positive 3, which would require an NOI.
I f % nu condition something, it is done related to the impact as it relates to the bylaw.
\lotion Motion to Issue as a Negative 3. (made by: Steinauer) (seconded by: Champoux)
Vote C:anicu 1.11i.tnimousIv
2. Courtney �� i�c�n_ ! _introit} - 8 Polliwog Pond Road (55-423.5)
Sitting limner, 1 risnlan, Steinauer, LaFleur, Champoux, Topham
Documentation -lte :ind topographical plans, photos, requisite departmental reports and correspondence.
Representative Art G.1sh,.rro, Nantucket Engineering & Sun-ey
Public A one
Discussion (6:04) Gasbarro — This is for work that has occurred outside the 50 -foot buffer to a wetland but feels there is no
ulv ,i -e unn:lcr. The work abandoned a failed septic and attached to gravitt sewer. The work was inspected by
he �e�; cr 13c1�artment.
Steinauer — AVe would have approved and RDA if it had come before us.
Staff i,,econtmend issue as a Positive 2B which doesn't confirm resource boundary and Negative 3 for the work.
\lotion Motion to Issue as recommended. (made by: Steinauer) (seconded by: Topham)
Vote (':Irne(i unanimously
B. Minor Modifications
1. 115 ,*tension, LLC — 115 Washington Street (55.1.4-39) SE48-2996
Sitting ,icnner_ l__isman, Steinauer, LaFleur, Champoux, Topham
Documentation plans, photos, requisite departmental reports and correspondence.
Representative A one
Public Atitle
Discussion (6:08) None
Staff this a another project for Mr. Madden. They are looking to connect a permitted boardwalk and patio with
i)"K"<;ue nay ers and remove a section of boardwalk.
\lotion \iorion to nprove the minor modification. (made bi-: Champoux) (seconded by: LaFleur)
Vote �..lrrlC �l ali:lrilIIlollSly
2. Starbuck Realty , 1.1.0 - 44 Warrens Landing Road (38-23) SE48-3159
Sitting licluur, 1 _risman, Steinauer, LaFleur, Champoux, Topham
Documentation dire and topographical plans, photos, requisite departmental reports and correspondence.
Representative At111C
Public A,1,1e
Discussion (6:10) Al,re
Staff Thcv are looking to eliminate the second driveway off Blue Heron Way and adjusting the square footage of
the g 1ragc up to 480 square feet.
Motion Motion to Approve the minor modification. (made by: Topham) (seconded by: Champoux)
Vote (:arricd un:mimoush-
C. Certificates of Compliance
1. Town of \antuctict \anural Resources Department — Shimmo Creek (adjacent to 1 Pimney's Point & 14 Shaw-kemo
Road.) (_Adjasnt to 4� 1&2.1) SE48-2913
Sitting ficnrnctr, 1-risman, Steinauer, LaFleur, Champoux, Topham
Staff Thi,, 1. ih�: �himmo Creek Oyster restoration project; it is in substantial compliance. SE48-2913 is expiring.
Viiis i; .t sire of continuing work with another -10 years of monitoring. They have deployed about 50,000
hound: of rccY sled shell material.
Discussion (6:12) Aone
\lotion Motion to Issue. (made by: Champoux) (seconded by: Steinauer)
Vote t ;:trrl� d unanlmousIv
2. Gallagher — 45 V11116rook Road (56-232) SE48-3066 (Cont. 06/19/2019)
3. Town of N anttickcr — i I ummock Pond Road — Milk Street to Cisco Beach (66-129) SE48-243- (Cont. 06/19/2019)
4. Van V'orst - ()Id C )uidnet Milk Route (20-8.6) SE48-3149 (Cont. 06/19/2019)
5. Cambridge - I() \leclouie Creek (20-31.1) SE48-2307 (Cont. 07/03/2019)
6. Cambridge - f,, Creek (20-31.1) SE48-1810 (Cont. 07/03/2019)
7. Pippins V-ai , 1.L.t ; — 15 Pippin's Way (43-94.2 formerly) SE48-2655
8. Pippins V.,,\, l.i.i: — 1 1 Pippin's Way (43-94.2 formerl-) SE48-2655
Sitting ficnncir, 1 Airman, Steinauer, LaFleur, Champoux, Topham
Staff I hcse liners are related to the demolition of structures; all structures are gone. Recommend issue.
Discussion (6:16) Sarah Alger, Sarah F. Alger P.C. — These had a partial certificate of compliance issued a while ago; both
properties 11.1\e gotten new orders of conditions.
\lotion Motion to Issue SE48-2655 for both properties. (made bv: Steinauer) (seconded by: LaFleur)
Vote "1na1:11noush-
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ConCom'_\hnutes for June 5, 2019, adopted lune 19
9. Nlartha Wells — 36 Low- Beach Road ('4-55) SE48-369 (Reissue)
Sitting
Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham
Staff
Recommends this be reissued
Discussion (0 18)
None
\lotion
Motion to Reissue. (made bv: Champoux) (seconded bv: Steinauer)
Vote
Carried unanimously
D. Orders of Condition
1. Booya, LLC — 9 Crow's Nest Way (12-20) SE48-31-5
Sitting
Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham
Staff
Ile put in normal I/A conditions. You might want to address the 2-bedr, ,
xOuld talk about
binding future commissions; asked if it should be phrased in a way- tha? _ _
_ _ _ - _ - _-_ development of
technolog,,• which eliminates the negative impact to the resource area. He -.
___ -_-_- _ _ _ )ndinon 2(1 that
includes the no -expansion restriction with the same language as the original.
If you are going to dem-, there are two reasons: not enough information and _
_ - _ be conditioned
to meet the performance standards. If they don't want to do the project, tha _
Discussion ((,:tg)
Erisman — They have a functioning system; the upgrade is solely for a 3�
tem were in
failure, she would understand the request to upgrade.
Champoux — He wants to uphold the 2 -bedroom restriction. We should _--
_ .. _ _ _ _ _ _ _on with senou-
consideration; there was a reason for it. _A 3rd bedroom also increases the use.
LaFleur —The restriction is based upon technology available at this time.
Steinauer — The question would be if the improved technology- impro-,-e-
_ _ espite the extra
bedroom.
Discussion about whether or not to keep the 2 -bedroom restriction.
\lotion
Motion to Issue as amended. (made by: Champoux) (seconded bv: Tophar-
Vote
Carried unanimoushv
2. Sankaty
Head Golf Club — 8 R 18 Hoicks Hollow Road (23-9,5) SE48-3194
Sitting
Bennett, Ensman, Steinauer, LaFleur, Champoux, Topham
Staff
Reviewed the findings and conditions. Will add Condition 39 requiring the s 3r _
- ov tded annuall•.
Suggested continuing this to June 12 to allow- time to compute the actual Grr
___ Iment per hneaz
foot to be required annually.
Discussion (6:35)
Steinauer — We need to require a minimum annual contribution. It is only ai
- _ _ _> Cl' per lulcar
foot, which seems ven- small. Thinks it should be about - CZ- per linear foot.
\lotion
Continue to June 12 be unanimous consent.
Vote
N/_1
3. Edwin Snider Realty "frust — 2 Brocks Court (42.3.4-84) SE48-3198
Sitting
Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham
Staff
Reviewed the findings and conditions, to include violation fines of 550 a da\
of the issuance
of the enforcement order. Ile -will include the statement the 3 -month requircr._
- : -_ _ -e of Issuance or
the end of the appeal period.
Discussion (6:43)
Erisman — .Asked about monitoring the sun-ivabilin- of the restoration plan—
Sarah Alger, Sarah F. Alger P.C. for the applicant — Asked about the 3 mon'.-
_ _ _;: _ _ _ _ s in the eV enr of
an appeal.
\lotion
Motion to Issue as amended. (made by: Steinauer) (seconded bN-: LaFleur
Vote
Carried unanimously
4. Olof Clausson
— 30 Eel Point Road (40-44.1) SE48-3201
Sitting
Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham
Staff
This is straight forward.
Discussion (651)
None
\lotion
Motion to Issue as drafted. (made bN: Champoux) (seconded by: Steinauer
Vote
Carried unanimoush-
5. .,7 Pocomo, LLC — - Pocomo Road (15-6) SE48-3203
Sitting
Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham
Staff
Reviewed the pool conditions and the finding that the shed is outside junsdicc
Discussion (6:52)
None
\lotion
Motion to Issue as drafted. (made bv: LaFleur) (seconded b� Champoux
Vote
Carried unanimoush•
6. Frik Passasante — 41 bong Pond Drive (59.4-109.1) SE48-3205
Sitting
Bennett, Erisman, Steinauer, LaFleur, Champoux, Topham
Staff
Reviewed the finding.
Discussion (653)
None
\lotion
Motion to Issue as drafted. (made by: Steinauer) (seconded by: Topham
Vote
Carried unammoushv
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ConCom Minutes for June 5 2019 adopted June 19
E. Extension Requests
1. Poeomo Aeighixn, -,5?,55,5?,61,63,67,69(N arious) Pocomo Road SE48-28 4
Sitting liL'nr.Ctt, I:n m.an, Steinauer, LaFleur, Champoux, Topham
Staff \onc
DisCUSslon (6:54) Art Gasbarro, Nantucket Engineering & Survey — asking for a 1 -rear extension. Provided an update on the
M cralt project. _1 small rope might be effective in keeping people from walking on the project area.
Erisman — There appeared to be concentrated runoff washing at the restoration area.
\lotion Motion to Grant the 1 -year extension. (made by: Steinauer) (seconded by: Topham)
Vote C,articli unanimously
F. Other Business
1. _Approval of \lin mc, t 1 5 20/2019 & 05/22/2019: Adopted by unanimous consent.
2. Monitorim; Report: none
3. Enforcement .Action,
a. None
4. Reports:
a. None
5. Commissioner; (;onunent
a. None
6. _Administnitor '�rtYf 1'\.cports
a. None
.Adjourned at %:u 1 11.m. by unanimous consent.
Submitted by:
Terre l.. Norton
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