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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. Page 1 of 5 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. Page 2of5 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- Page 3 of 5 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 Page 4of5 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 Page 5of5