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