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HomeMy WebLinkAbout2019-5-22ConCom Minutes for May 22 2019 adopted June 5 CONSERVATION COMMISSION PUBLIC MEETING 2 Bathing Beach Road Nantucket, Massachusetts 02554 t�w�z.nanrucket-ma.gov r+ - F-� %• Wednesdal-, May 22, 2019 �'.; 4 Fairgrounds Road, Training Room — 5:00 p.m. Commissioners: Andrew Bennett(Chair), ashler Erisman (Vice Chair), Ernie Steinauer, David LaFleur, Ben Champoux, Ian Golding, Joe Topham Called to order at p.m. Staff in attendance J eft Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office administrator Attending :Member>Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham .Absent Members: None Late arrivals: Champoux, 5:14 p.m. I?arlier Departure: None Agenda adopted hN unanimou, consent 'Matter has Bio t I)«ii i:c.trd 1. PUBLIC MEETING A. Announcements B. Public Comment — None Il. PUBLIC HEARING A. Notice of Intent 1. Mari, D. Si.m — 11) 1.1,t Creek Road (55-60) SE48-2985 (Cont. 06/19/19) 2. Gregor}, Rei c, — 1 �) i :a,t Creek Road (55-60) SE48-3065 (Cont. 06/19/19) 3. Boo}'a, LI.0 —') Crow', gest Way (12-20) SE48-3175 (Cont. 06/05/19) 4. Candice -.\I. 1 Iet dt 'I ntstee — 20 Brant Point Road (29-153) SE48-3199 Sitting Kennett, I.ri,man, Steinauer, LaFleur, Golding Documentation Sire and topographical plans, photos, requisite departmental reports and correspondence. Representative Datil Santos, Nantucket Surveyors Public Notnc Discussion (5:03) Santos — AV"e were awaiting a Department of Environmental Protection (DEP) file number; this is for an Addition to a boathouse within buffer to bordering vegetated wetland and within land subject to coastal storm Staff I Ian c crt thing needed to close. \lotion Motion to Close. (made by: Steinauer) (seconded by: LaFleur) Vote (',ii ricd 5-� , Topham recused 5. Rebecca ',A1. (;ilhn rh, I :'l _',L — 92 Hulbert avenue (30-51) SE48-3197 Sitting Bennett, l :rism:tn, Steinauer, LaFleur, Golding, Topham Documentation sire and topographical plans, photos, requisite departmental reports and correspondence. Representative Alark hits, Site Design Engineering Public Nonc Discussion (5:04) Rits — 'I1iis is for elevation of the Bug Lights; reviewed information on the foundation. added, the bug light on the south is going up about 5 feet; that requires extending the stairs 8 or 9 feet. The proposal is to build an clry anon ,ccrion off the rear stairs; the ground disturbance would not change. Erisman — Concerned the stairs will extend into the no -build zone. Rits — This is a grandfathered structure and must have the staircase. Bennett — .\,ked if the stairs will have an apron around it. Rits — It have a lattice screen. Steinauer — I le doesn't think the disturbance will be that much more. asked if it could be conditioned for ,tatt to okx, the plant list. ]Zits — Rei ic« ed the plant list. Staff 1 by e ccer\ thing needed to close. ,\lotion Motion to Close. (made by: Steinauer) (seconded by: Topham) Vote Carried urnanimoush• Page 1 of 9 ConCom Minutes for Mai 22, 2019, adopted lune 5 6. Netore, LLC - 34 Dukes Road (56-18-) SE48-3196 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and torr, -- Representative art Gasbarro, Nantucket Engineering & Sun•e. Public None Discussion (5:11) Gasbarro - This is for residential redevelopment within buffer to borde:-: -_ � __� wetland. Properr. served by a well and is on Town sewer. Groundwater is around elevation 15.: . , , the pool would be constructed where it intrudes into the groundwater and the dew-atenng that w �� ` •_ _ _ _ _ - n . Bennett- His concern is the surface run offending up within ConCom jun4c._ : - . _ icklv. Champoux - Pools are drained down about a foot before the winter sc :. _ - _ _ -pens there is the potential for runoff ending up in our jurisdiction. Gasbarro - There were has to be a mechanism that tracks the rate of los - un. The land=cape plan is still under development. Staff I lave even -thing needed to close. Motion Motion to Close. (made bt: Steinauer) (seconded by: Champoux, Vote Carried unanimoush• �. 1 Zither Creek Boatt•ard - 20 North Cambridge Street (59.4-2, 38-14, 38-15, 60-1-� SE48-31 Sitting Bennett, Ensman, Steinauer, LaFleur, Champoux Documentation Site and topographical plans, photos, requisite departmental reports and cora---= Representative Paul Santos, Nantucket Survet-ors Stan Humphries, LEC Environmental Catherine Slatten-, �Fadaket Marine Chloe Coggins, Madaket 'Marine Coastal Resources Consultant Sarah _Ager, Sarah F. _Ager P.C. Chris Shannon, Nladaket 'Marine Public Dan Bailer, Pierce Arwood, LLP, for BeveIIeC Hall, David Billings, and Peter'�� -��- Thomas Oberg, 30 Maw's Lane Cherv] I:men•, 46 Tennessee Avenue Chris D. Emery, 46 Tennessee Avenue R.I. Turcotte, Nantucket band Council Maureen Phillips, 30 Long Pond Drive Ian Golding Discussion (5:22) Santos - We are going with the seasonal 8 -slip, semi -fixed configuration .:-ting docking aree: formation is 5 -foot main dock and 4 -foot finger docks. Proposing a helical arc _. hold the dock in place; they will be set and left in place permanently-. Hazelettmanne.com is :. _' -_ _ - the Conservation Elastic 'Mooring Systems; explained how the system works. Distance to the sa. :-et with props set back no less than 25 feet and no boats allowed between the dock and _ _- - _ .-,re would be ro moorings in this area. Reviewed the three revisions the arm\- Corps of 1 _ . _ . - _ - attached to the previous application wluch the commission approved: setback of 10 feet off 1-_ ,. .-_.. -:: u-ith boats TO be bow in, the zone of reconfiguration had to be changed so no boats could d(• - _- ck and salt mar -h. and the cleats on salt marsh side of dock eliminated. Those have been into- -_ _ _ -: �_1s proposal. Reed into the record a written opinion supporting this proposal from Sheila Luce . - __ _ -_ __ --er. Read into the record recommendation from Massachusetts Department of Manne Fishene- ._ -ecommended the 25 -foot setback from the marsh. Read into the record tw-o items from V"- _ .- _-cgardmg the gait marsh and State and Local regulations and performance standards. ResFl__-._. commis�wn to approve this application as proposed. Offered the following condinons: pnor he applicant •%_L supply revised plan showing helical anchor and conservation mooting s, r:- - n of an as-bu survey and aerial photo witliin 90 days of completion of construction and sh .. _ _ _ _ -.on of salt man.^. resource area; and updated sur-ev and aerial photos showing salt marsh ed�-_ _ _ _ _- �- -ung no liter than December 30; prior to the annual start of work, will provide photos showing rsh. composition. eel grass, and shellfish within the expansion area; and no boats shall be doc -- - - -- arch side Of the floats with signage. Ms. Coggins is working with Nantucket Land Cour:-_- ip with a mar,}: monitoring plan. Will have to take small boats to these docks since they ar,-: the main deck: there will be no moorings within this area. Steinauer - Suggested monitoring the edge of the salt marsh in an area awa' -' _r. thinly there be some marsh retreat with global sea rise. Bennett - appreciates the smaller size and use of helical anchors. Champoux - The recommended 25 -foot setback from the salt marsh put - r. within nati-iga};ic water. _All things considered this is better and less intrusive. LaFleur - asked if there is a minimum boat size. Santos - The piers are 28 feet. There will not be a lot of dock movement detrimental to the marsh; this will create a buffer to the marsh from prop wash. This will probal- _ (_E in the Chapter 91 process. Page 2 of 9 ConCom Minutes for May 22 2019 adopted June 5 Bennett — Opened the discussion to the public; asked for new information only. The commissioners received incl read all the letters. Bailer — 11.is is the first time this particular plan has been addressed. Our concerns are the same: over impact o,t I litho (:reek from more vessels; D\IF states you have to find no adverse impact to the salt marsh; this is dcsi�ncd ,virh 8 slips to avoid Chapter 91 leaving total authority to protect recreational interests to the hands of ConCom; helical anchors will be within 10 feet of the salt marsh and don't know the impact of drilling those anchors will have. Their previous approval had 30 -foot diameter around the moorings, which is okay for 14 or 15 toot boats: however, 25 -foot boats will require a 60 -foot diameter and his plan shows how congested that would he for naVrigation. Oberg - I'Oiured out that the creek is a spawning area for American Shad. There should be no construction hriwcc,i Uirch 15 and June 15, maybe even \larch 1 to July- 1 to protect the eggs and the shellfish. Feels the moorim's should be left; the piers are going too far. Coggins — Reviewed the proposed monitoring of the health of the marsh. She hasn't written anything up for nwnuoring of marine fauna. Reviewed her qualifications. Bennett — St�ued he read up on Marine life in \Iadaket in a study that has been kept up; it is available on line. Santos — Referenced the LEC report which states all work will be prohibited between March 18 and June 15 of am trar. Shannon — The piers would be in place June 15`11. C.Emen- — A o one has talked about the water quality; and pollutants in the water Staff — i,or \Iadaket Harbor, the Town measures for nutrient loading within Hither Creek; it is on the cusp cxccssiv c nutrient loading. When you add resources into an area, you run the risk of increasing that; there are a nuinhcr of access points along Hither Creek, which is a highly travelled area. Bennett — Asked if the town monitors petrochemicals. Staff — \\ c rrl,. on other studies; we look at other reports for bottom paint. C.Emery — I ler concern is the impact on the habitat; there is a lot of wildlife in the area. C.D.Emen- — One of his concerns is the future of the Creek; the past proposal was a much more extensive dock. If this is permitted, they could ask to extend it, thus increasing the negative impact. Turcotte — The Land Council is not collaborating on this proposal; we provided some information for Nis. Coggnns monitoring program. Our main concern is the impact to the adjacent saltmarsh. Increased boat activity could liavc :ui impact along the edge of the marsh; there needs to be on-going monitoring, and we request the opporruint, to review any final monitoring. The commission needs failure criteria and reporting requirements So chat it 111cre is impact to the saltmarsh, another permit would not be issued. Champoux — \sked what the is for a new Chapter 91 license: 10 slips or what% Staff — There is an existing Chapter 91 permit; ani- expansion to that would require an addition Chapter 91 permit. Right now, we should focus on the expansion at hand. Steinauer — I fe doesn't understand how a floating dock increases wave energy; he would think lifting a heav- dock -,, oul,i attenuate the energy. Bennett — That is getting off the subject. Phillips — �fre too is concerned about water quality and asked for a study to be done. Also, regarding rrav ersing to and from the dock, thinks the activity of loading and unloading of the dinghies should be addressed. Santos — .\n abutter's exhibit shows the boat radius around two mooring being removed. Regarding nayis?ation, you have a letter from the harbormaster speaking to that. The benefit of a seasonal float is that the commisstou has the annual opportunity to change the positions of the dock if there is any impact. With all the ch:illcrigus 4 running the marina, they have worked diligently to protect the Creek. Asked that the hearing be closed. Golding — Asked if the dock has been designed with any thought to wave attenuation. Shannon — \\ e have looked at floats along the creek, they do act as wave attenuators. Staff I lave everything needed to close. Motion Motion to Close. (made by: LaFleur) (seconded by: Champoux) Vote (:arricci 4 1 1:nsman opposed; Golding and Topham recused 8. Sankaty Head Golf Cluh — n & 18 Hoicks Hollow Road (23-9,5) SE48-3194 Sitting Bennett, Iirisman, LaFleur, Champoux, Golding, Topham Documentation Site and Topographical plans, photos, requisite departmental reports, correspondence, sample of blanket matcrral. Representative Varoujan I lagopian, Coastal Engineer GEI Consultants, Inc. Brad Regulator Specialist GEI Consultants, Inc. hcyut 11a1c, \ iughan, Dale, Hunter, and Beaudette P.C. Public R.I. 1l urcottc, Nantucket Land Council Discussion (6:2s) Hagopian — Explained the coir material to be used and how sand can migrate through it. -Massachusetts \crural I Ieritage (1\LNH) expressed concern about the projection of Section A; explained how that will be mitigated. _\\-crage erosion rate is 686 cubic yards (CZ') of sand a year. The last concern was the easement; we are outside Thar by 2 feet. We have direct access to the beach. No work will take place during the nesting season. Page 3 of 9 Staff \lotion Vote ConCom -Minutes for _Mac 22 2019 adopted lune 5 Champoux - The trigger point of 6 inches is good but we've seen a sene> a CES exposed. Asked if thet- have a contract with someone to ensure the bags star covered. � " ,mcern is that thr be maintained into the future. Hagopian - We have qualified back -hoe operators to do the recovering wcr�_ -_ _-grantees in place to ensure the structure is maintained. Steinauer - _asked if the structures are pre -19-8. (lyes) This is 385 feet long - � � _ _ _ �ards of sand per year, that's less than 2 yards per foot. This isn't a lot of sand per linear foot -equire mitigation sand to be added even- year regardless of how much is loss; we could conditic- ' 86 Cl of sand i= put on even'. Hagopian - The site will be inspected twice a year - spring and fall - and .cant storm. If the l go power to moN e stones, co e will ig: ; _ - ._-_ %nater. trigger threshold is met, we will inform the commission. Golding - Appreciates the photos of the bank cross section. _asked if the -.ill include coarse material or be pure sand. Hagopian - It will be pure sand. Golding - He's concerns that the gravel and cobble that naturally occurs int _ t being replaced and the littoral system will be starred. Hagopian - We are tn�ing to stabilize the bank through revegetation. Steinauer - asked how big a rock will migrate away from the shore. Ha opian - Wave action has a lot f bbm Erisman -Asked about the longetin� of the coir rolls if the- remain covered. Hagopian - If they are covered, the can last up to 20 rears; if thec are exr 3 or 3 rears. The lower section will be rolled coir, not sand filled. The top level will be the coir 1 Golding - Attachment 3, photos 2 & 3 show a considerable amount of cobb. _ 3 is the grain- size analysis states there is no cobble. He would like the sacrificial material to app .::_--_. _ comes out of the bank. Hagopian - Admitted he wasn't concentrating on the stone; the would ace -.3t as a condition. I le will do an analysis of the stone. Topham -Asked about the access point-, there were issues about using that. Dale - Sankan Head Golf Club owns that portion of Hoicks Hollow- Road: t: e nght to use IT Steinauer - Ile's reluctant to let go of the standard for maintaining the r,•c _- . - lie doesn't think plovers nest in this area because the bank is too steep. His concern is having --tem to maimam those beaches were plovers do nest. Further discussion about the mitigation sand and whether or not the 686 Cl Dale - We have no concerns with putting the 686 Cl• on annuallt : thinks it _, to talk to %1\ 1 i Tureotte - This commission needs to ensure timely mitigation that is also the composition is. This is a new design and ask the ConCom to decide if ti;: - put there by man and hold up this entire structure. Hagopian - The posts aren't there to create a structure, they are there to pr: - the bottom of the project consolidate. Erisman - She feels there are enough different materials that it quahfi�_- buildings qualify for protection by a CES. Steinauer - 'Phis is more heart --dun- than the standard Wilkinson _arra, _ structure. He feels this is permittable as a CES. Dale -The structure at Shimmo Pond Road was deemed not to be a structure Hagopian - He can reduce the posts by a foot; if then are an issue, they cal: ' is served. Discussion about the posts and whether they should be conditioned for rem( Golding - Noted that the parking lot is being protected with no structure. as} It matters what the posts are as the matenals a- _ -e. The pre -15-- els qualifies as ime material, nce their purpose has occurred. •,f that. the I looks Hollow access has been damaged and required repair in the past. __ig to use that site, then will have to do something similar. The- can use a conveyor to get san : k: it's been done before This area is south of am plover nests for decades; the next site south ism .._ area. _"INJI get- their information from aerial photos, not so much from boots on the ground. Explained a finding would be necessan- to label this as a CES and for the _-tires in immmer.t danger and no environmentally better alternative to mitigate the problem. The tvay DEP explains that if there is a structure on the lot entitled to protCr -:. -_ .... , lot is entitled. 1 late even -thing needed to close. Motion to Close. (made by: Steinauer) (seconded by: Champoux. Carried unanimousl- Page 4 of 9 ConCom Minutes for'\fav 22 2019 adopted June 3 9. Edwin Snider Rr:ilr\ 1 :List — 2 Brocks Court (42.3.4-84) SE48-3198 Sitting licnnett, 1.risman, Steinauer, LaFleur, Champoux, Topham Documentation Site incl iohographical plans, photos, requisite departmental reports and correspondence. Representative \lark Rats, Sire Design Engineering �ar:ih \locr, "-�<irah F. _Ager P.C. lirru; A1_tddee. LEC Environmental Public Paul Feldman, for the Nichols and Elders l.in Golding, 31 Hussey Street Discussion (7:20) Rits — This a continuation for wetland restoration and installation of a fence. Reviewed the restoration Planting plan. Steinauer — In general he likes the plan; asked how the tupelo stand would be maintained and kept from sprcadin� to the neighbors. Likes the idea of trees to suck up the excess groundwater. Madden — Those can be planted farther from the abutters. Feldman — :'he impact on drainage is vert- important to his clients and seems not to be addressed. _mother item is rhe ]roper mitigation for the activity- that occurred. There is a lot of conversation about the precious oWner doing the unpermitted work; for the record, he wants to point out there was substantial unpermitted ACM h\ rhe current owner — moved the structure, added fill, constructed an addition, and a patio. Read into the record a letter with requests the ConCom take two steps against the current owner. Also, they installed a sump hump in the crawl space that discharged into a drainage pipe in the lawn area; we were told it was disc nncctcd .md removed, but none of his clients saw any work to remove it. Thev want an answer as to whcthcr or not that was removed. Bennett — _Asked if there is evidence of the neighbor's site, before the house was moved. Rits — lo his knowledge, we don't have anv information. In the photo provided by Mr. Feldman, there is a location on the Elder's properrv, which is the former site of a tree, which was removed. On the Nichols property, there is a sump pump that pumps directly- into the wetland; Ms. _Ager has photos. The sump pump installed on Tits property was part of an enforcement action; it discharged into a dry well. Our answer to the dntinagc issue is an extensive planting plan including species that will take up water. Bennett — \Vc have a lot of evidence of standing water in this area. Golding — I le was told that before the house was moved, electricity- was cut off and the basement filled with water, which ,yrecked the house. Alger — Review -ed photos of the house: pre- and post -construction, site conditions, conditions on abutting Properties, etc. Feldman — Rebutted comments made against his clients. We are asking this commission to request the reiaininO «Nall and fill be removed and restore the area. Steinauer - I ie's heard enough; this discussion is going around in circles. Staff We are talking about changing the drainage patterns in delineated wetlands; under no circumstances has this hoard ev cr permitted changing hydrology within a vegetated wetland. Now that we have current delineations that show a vast contiguous wetland spanning several properties, you can't move water from one part to another; our definition of wetlands and marsh and swamp call for standing water; we are talking about water being ,\ here water is supposed to be. If the retaining wall weren't there, the wetlands might have extended turthcr. Aone of these houses would be permitted today because of the wetland, but these are old. It is the Con(:oin's dutyto protect the wetland; now we're talking about changing how a wetland is functioning, which flies al the ince of our regulations. This neighborhood has to find a way to make it work. 11�t\ c e\-cn thing needed to close. Motion Motion to Close. (made by: Steinauer) (seconded by: Champoux) Vote (;arned 0 11 Golding recused 10. 'Town of Nantucket — Ietries Beach, Jetties Beach Playground, the end of Jefferson _venue & Children's Beach (29-1, 29- 2, Road Layout, 42.4.21) �i -48-3200 Sitting licnnctr, 1 :ristnan, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Sire and topographical plans, photos, requisite departmental reports and correspondence. Representative Charles Rogers, Deputy- Director DPW Public None Discussion (s:ut) Rogers —This is for _americans with Disabilities (ADA) compliant at -grade boardwalks to replace the mats at ncc noted he.tches. The grant for these is contingent upon the ramps being in place by June 30, 2019. \antucket I figh School has built the ramps and platforms for two beaches; at Children's and Jetties, a contractor Evill build those. This is in partnership with Commission on disabilities; these are seasonal and broken down at the end of each season, around Labor Day. Erisman — .\sked about the installation interfering with nesting plovers at Jetties Beach. _appreciates inVolyctnent of the high school in this. Topham — .Asked about vehicle access to Jetties Beach. Rogers — _A.,ked for a 2 -week continuance. Page 5of9 ConCom Minutes for Mai- 22, 2019, adopted lune 5 Staff The one hang-up is �f\ 11; then still have some more questions and want t; - _ _ :,; ach "�tanagemen, Plan. They should be easy- and quick to install. \N11en we site the walkways, we split the difference between the nesting fend_ to leave buffer either side. _11so noted jetties Beach is closed to driving from April 1 �. \lotion Continued to June 5 bv unanimous consent. Vote N/.� 11. ' Robert C. & \Welby C. hurtatek - 312 Polpis Road (20-46.2) SE48-3202 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and corre Representative Paul Santos, Nantucket Sun-evors Public None Discussion (8:13) Santos - This is at the intersection of Quidnet and Polpis; under local regal= - - end 64:,_13.-.2 -hc - septic requires upgrade to an 1/A system. AWarvers are for long-term net �_ ___.._ .. .. ,rk within 25 -four buffer and work groundwater separation. Staff I lave even -thing needed to close. \lotion Motion to Close. (made by: LaFleur) (seconded by: Topham) Vote (tarried unammoush- 12. ' William.). and Cvnthia E. Mayer - 20 Gingt• Lane (41-848) NAN-128 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and corre---, Representative Brian Madden, LEC Environmental Public None Discussion (8:1(,( Madden - This is for wetland buffer restoration and removal of phragmne- -: :__ -ed. Reviewed the planting plan, which includes native species. Staff This is evaluated under the local wetlands act onlc. 1 lave even -thing needed to close. .Motion Motion to Close. (made by: Steinauer) (seconded bv: Champoux; Vote Carried unatumoushv 13. '()]of Clausson - 30 Eel Point Road (40-44.1) SE48-3201 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and corn-­.- orn- Representative Representative Brian Madden, LEC Environmental Public None Discussion r18 20) Madden -This is for a garage. No work within the 25 -foot buffer and no �e 511460t buffer. This is pnonn- habitat so need Nf\li review. _asked for a 2 -w -eek continuance Staff We haven't heard from \LNH-. \lotion Continued to June 5 be unanimous consent. Vote N/.i 14. 'Nantucket Islands Land Bank- 4 Codfish Park (-3.2.4-42) SE48- (Withdraw) Sitting Bennett, Ensman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Need a motion to accept the withdrawal. Discussion (8.23) None \lotion Motion to Accept the NNithdrawal. (made bv: LaFleur) (seconded bv: Steins:-_ Vote Carried unatumoushv B. Amended Orders of Conditions 1. I lulbert _1C1�, LLC - 2 I lulbert .ieenue (42.1.4-2.1) SE48-31.32 2. 1 lulbert .1Ch II, LLC - 4 Hulbert Avenue (42.1.4-2) SE48-3141 Sitting Bennett, Ensman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and corn Representative Paul Santos, Nantucket Sun•evors Public None Discussion (8:23) Santos - .A section of 4 Hulbert is being transferred into 2 Hulbert _vent been remove` from the application. All within land subject to coastal storm flowage and a _.:(:tated wetland to the west. Property is serviced b� I Town water and sewer. The top of founda•: __ . _ _ 7)170posed is 9. i ie has asked for a waiver for foundation at less than 2 feet from high ground-=_ _ __ _ _ :- undation footer-- .lsked for 6 inches of fill around the area of the main dwelling, which -1 35.: the lower elevation on site is 2.5. Golding -This is a massive house; doesn't like the idea of raising the grade. Erisman - _Agrees. Would prefer plantings be native within the buffer; no ct.-. Steinauer - .Agrees with Mr. Golding; we don't normally allow fill in t}._ ...___ to coastal storm flowage. Staff Recommend close and issue. \lotion Motion to Close and Issue SE48-3142 and SE48-3141 as conditioned. 'r . _. ' .er seconded I)% LaFleur) Page 6 of 9 ConCom Minutes for \fad- 22, 2019, adopted June 5 Vote C ll ricd tin;uumously 3. Madaket Vlicclhoti—, l.L(: -13 Massachusetts _venue (60-75) SE48-2893 Sitting licnncit, I .rismsn, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site :u1d topographical plans, photos, requisite departmental reports and correspondence. Representative .Art (;lislarro, Nantucket Engineering & Survey Public None Discussion (8:34) Gasbarro - This is for installation of an elevated boardwalk across a saltmarsh and coastal dune. Will be in'taped !,\ 11:111d; stands 18" above grade with no railings. Staff Reeommc?;d dose and issue. \lotion Motion to Close and Issue. (made by: Steinauer) (seconded by: LaFleur) Vote (-dried unsnnnously 4. Peter &]ennitcr (;arraii - 36 Pocomo Road (14-79) NAN-126 Sitting licnncn, l,:ri�inan, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative liri.ur \laddcn, LEC Environmental Public N ono - Discussion (8:37) Madden - The NOI was in response to an enforcement order. This amendment is for additional wetland resuorarioii work and monitoring. Restoration work has started; presented photos of conditions before work muted. Noicd the isolated vegetated wetland is fully vegetated with native vegetation. Explained the work that is r.ikmg place. Staff Minks it might be helpful to have a site visit to look at the progress. \lotion Motion to Approve as presented. (made by: Golding) (seconded by: Topham) Vote Carried U11a1ninously 111. PUBLIC MEETPNG A. Requests for Determination of Applicability 1. _lmbrecht- I '� (;ing\ Lane (41-850) Sitting licnneri, 1:nsman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative AI.uk 1�itit( Design Engineering Public 1)., id \V hire, 47_� West Chester Street Discussion (8:44) Rits - This is for a retaining wall about 1.5 feet off the property- line with fill behind it; the wall and fill «ill be outside the 5() -foot buffer within the 100 -foot buffer. The structure will be entirely outside the 100 -foot Duffer. Erisman - She wants to ensure the fill is free of any invasives. White -- 'I lie concern is the fill has already been added to the property and it is already at a higher elevation Frith :i steep slope down to his property. Wants the wall set back farther from the property_ line to protect trees \v itlim 3 feet of the property- line. Rits - The Trees are about 2 -feet off the property line. Will be about 2.5 feet tall with 2 -foot deep footings. Golding - I tc shares Mr. Vhte's concern about the safety of the trees and asked \1r. Rits to talk to his client about moi ing the wall even farther back. Rits - 1 le will discuss this with the applicant; asked it be continued two weeks. Staff None Motion Coiifinucd to lune 5 by unanimous consent. Vote 2. Saluti - 174 (aiff JZoad (41-63) Sitting 13enncrr, I .risman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and correspondence. Representative Mark Rirs, Site Design Engineering Public Noue Discussion (8:54) Rits - I his is to confirm the boundary. Staff \\ c crificd rhe delineation. Recommend issue as a Positive 2A. Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote Carried unanimously 3. Gloria M. hones 'lrusr - -7 Pocomo Road (15-6) Sitting Bennett, 1:risman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and Topographical plans, photos, requisite departmental reports and correspondence. Representative 1 et t Black,,e11, Blackwell & Assoc. Public Nonc Discussion (8:55) Blackwell - This is for demolition and removal of a septic and leach field and debris and the disturbed area to he restored inside the 50 -foot buffer. Staff Recommend issue as a Positive 2A for work within the buffer and Negative 3. Motion Motion to Issue as recommended. (made by: Steinauer) (seconded by: LaFleur) Vote (.arricdinaninaously Page 7 of 9 ConCom 'Minutes for \lay- 22, 2019, adopted lune 5 B. Minor Modifications 1. Longpath Nominee Trust - 8,6 Hummock Pond Road (56-310.1) SE48-2352 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Documentation Site and topographical plans, photos, requisite departmental reports and corre-- , Representative teff Blackwell, Blackwell & Assoc. Public None Discussion (runt) Blackwell - This is to revise the site plan for the final configuration of the __ __ - -�Ie septic that had been proposed has been eliminated in lieu of hooking up to Town sewer. Staff Recommend this be approved as a minor mod. ;\lotion Motion to Approve the minor modification. (made by: Steinauer, second _ - ,x Vote Carried L natumoush C. Certificates of Compliance 1. "Town of Nantucket '.natural Resources Department - Shimmo Creek (adjacent to 1 14 Shaw-kt—_,, Road.) .Adjacent to 43-1&2.1 SE48-2913 (Cont. 06/05/19) 2. Gallagher - 45 Millbrook Rd (56-232) SE48-3066 (Cont. 06/05/19) 3. Pippins Wav Homeowners .Association Trust - 12 Gardner Road (43-94.2? SE48-2034 Sitting Bennett, Ensman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is the as -built on the road drainage structures; it is now functioning _ .__ _ nual compliance. Ownership is also now transferring to the homeowner's association. Discussion (9:u1)None Motion Motion to Issue the Certificate of Compliance. (made bt-: Steinauer; seta-_ _ _r Vote Carried unanimoush- 4. "Town of Nantucket- Hummock Pond Road -'Milk Street to Cisco Beach (66-129 SE - Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is the bike path. The wetlands restoration area is growing with r...- - -here is on-gotn monitoring of the restoration area. If the commission feels the slope needs -i, we can ask The - come in with an NOI to get it conditioned; it wasn't part of the original scop_ Discussion (19 04) Emily Molden, Nantucket Land Council - _-Agrees that the restoration sectio: ')UT her concern r the bank adjacent to it still has issues with sediment running down IT. "l _ _ where sedunen- channels are forming in the wetland. \lotion Continued to June 5 by unanimous consent. Vote N;_A 5. Gregor- Segall - 25 Starbucks Road (60-121) SE48-2832 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Topham Staff This is constructed in compliance. Discussion (9:1t) '_done \lotion Motion to Issue. (made bv: Golding) (seconded by: Topham) Vote Carried unanimoush- 6. Van Vorst - 8 Old Quidnet Milk Route (20-8.6) SE48-3149 (Cont. 06/05/19) D. Orders of Condition 1. 1 Zither Creek Boarvard - 20 _forth Cambridge Street (59.4-2, 38-14, 38-15, 60-1- SE48 - Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux Staff Presented a positive draft based upon the Order of Conditions issued -A: reviewed the conditions. Will add to Condition 23 that adverse impact caused by the float - �� :.__=ire criteria. WiE e Condition addressing the launch and related activity. Discussion (9 12Erisman - Feels there is still a need for some information on the impact. that the dock- will ockwill be removed b\- October 1. Champoux - Wants failure criteria from adverse impact on the saltmarsh bar. Discussion about the dinghy- traffic and loading/, unloading activity_". \lotion Motion to Issue as amended. (made by: Champoux) (seconded b�-: LAHeu Vote Carved 4-1//Erisman opposed; Golding and Topham recused 2. Sankaty I lead Golf Club - 8 & 18 Hoicks Hollow Road (23-9,5) SE48-3194 Sitting Bennett, Erisman, Steinauer, LaFleur, Champoux, Golding, Staff I le will get the actual language for a finding and draft the Order of Condition Discussion t9:-1-) Steinauer - Wants language included that declares this to be a structure. The _ _.i:dmgs quahf-, for protection from a structure. Erisman - Agrees. Also wants the cobble added to the bank material. \lotion Continued to June 5 bv- unanimous consent. Vote N/A Page 8 of 9 ConCom -Minutes for '\Iay 22 2019 adopted June 5 3. Candice M. 1 Ic-\-dt Trustee — 20 Brant Point Road (29-153) SE48-3199 Sitting Bennett, l :risman, Steinauer, LaFleur, Champoux, Golding Staff This had rhe waiver for separation from ground water. Discussion (9:25) Nonc Motion Motion to Approve as drafted. (made bi-: Golding) (seconded by: Steinauer) Vote (:arricd 6-U Topham recused 4. Rebecca M. Gilhretli, I :T_AL — 92 Hulbert Avenue (30-51) SE48-3197 Sitting Bcnneu, l .risman, Steinauer, LaFleur, Champoux, Golding, Topham Staff 'I hi,, is for the Bug Lights. Will add a condition about no landscaping the 25 -foot buffer. Discussion (9:26) None Motion Motion to Approve as Amended. (made bi-: LaFleur) (seconded by: Champoux) Vote Carried unanimously 5. Edwin Snider RCa1R "I rust — 2 Brocks Court (42.3.4-84) SE48-3198 Sitting Bennett, 1 :risman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Didn't draft an order of conditions. Will have a condition about no further construction on this propem. Discussion (9:29) None ar this rime. Motion Continued to lune 5 by unanimous consent. Vote N _\ 6. Netore, LI.0 — 34 lhtkcs Road (56-187) SE48-3196 Sitting Bennett, I :risman, Steinauer, LaFleur, Champoux, Golding, Topham Staff Will add to Condition 21 about drainage of the pool. Condition 24 will address monitoring how much water goes into the pool. Will add .Additional Finding 2 about monitoring the water level of the pool. Discussion (9:31) Golding — _Asked for a condition to monitor the water level for abnormalities that might indicate a leak. Discussion shout monitoring the water level. Motion Motion to Approve as amended. (made bi.: Golding) (seconded by: Topham) Vote C.irried un.mimously 7. Robert C. & \V elle C. hurtatek — 312 Polpis Road (20-46.2) SE48-3202 Sitting Bennerr, l :risman, Steinauer, LaFleur, Champoux, Golding, Topham Staff "1111" is [lie sepric tank replacement. Discussion (9:36) None Motion Motion to Approve as drafted. (made bi-: Golding) (seconded bi.: LaFleur) Vote CarriCd unanimously 8. William J. and nthia I :. Mayer — 20 Gingl- Lane (41-848) NAN-128 Sitting Bennett, I1.risman, Steinauer, LaFleur, Champoux, Golding, Topham Staff I'his is for the invasive removal and wetland mitigation. Condition 19 regards use of fertilizer on the steep slope". Discussion (9:38) Erisman — Noted an error to be corrected. Motion Motion to Approve as amended. (made by: Erisman) (seconded by: Champoux) Vote Carried unanimously E. Extension Requests 1. Madaket Wheelhouse- I,I,C — 13 Massachusetts _venue (60-75) SE48-2893 Sitting Bernnert, I :risman, Steinauer, LaFleur, Champoux, Golding, Topham Staff None Discussion (9:44)) Art Gasbarro, Nantucket Engineering & Surve}- —This is a request to extend one rear. Motion Motion to Grant the one-year extension. (made by: LaFleur) (seconded by: Champoux) Vote Carried unanimously F. Other Business 1. Approval of \Iinures: 05/01/2019 & 05/06/2019 — Motion to Approve the minutes. (made b�-: Steinauer) Carried unanimoush- 2. 'Monitoring Report: Pocomo Neighbors 47 53, 55, 57,61, 63 67, & 69 Pocomo road SE48-284 3. Enforcement .lcrions: a. None 4. Reports: a. None 5. Commissioners Comment: a. None 6. AdministratorStaff Reports: a. None Adjourned at 9:42 p.m. h�- unanimous consent. Submitted bi-: Tern- L. Norton Page 9 of 9